These general terms and conditions apply to all legal relationships, between Driessen International (trading as Car Repair Online Products, CROP (hereinafter referred to as: “the supplier”) and its re-party relations, including offers and future right.
These general conditions could be waived only in writing.
Any agreed deviating provisions of these general terms and conditions give the customer not entitled to application of these provisions to other (legal) relations. If, on the basis of reasonableness and fairness or the oppressive character on any provision in these terms and conditions no appeal can be done, comes to that provision in terms of content and scope a corresponding sense as much as possible so that a appeal can be done. In this case the remaining provisions in these terms and conditions apply.
By placing orders through our website, you agree to the terms and conditions of this agreement and you reconfirm this agreement every time you use nonpaints.nl. We recommend that you print this agreement, store in a safe place and always to consult this before you trade through nonpaints.nl . Please not that this agreement from time to time can be adjusted in accordance with the procedure laid down in article 1.3 below.
The supplier reserves the right to change the terms of the agreement from time to time to modify and the modified version on the nonpaints.nl site. When we do so, we will provide notice on the home page.
The supplier is established in Berkel en Rodenrijs (Netherlands) and known by Chamber of Commerce number 24.239203. Every transaction is deemed to take place in the Netherlands.
Offers/establishment of agreement
Each offer of the supplier is made without obligation and serves as a whole be considered unless this expressly in writing.
If the other party places an order, the agreement will only become effective when the supplier accepts in writing, or a beginning with its implementation.
Whether or not shown in catalogues or samples or models provided only apply to denote that the relevant case, without any need to answer.
The supplier shall not be obliged to back orders of once delivered products, if these products from the supplier’s production or sales program.
Prices
All prices are without warehouse and exclusive of turnover tax (VAT)
For commands are a contribution of the freight according to the cq order fee will be charged at the time of the execution of the order with the supplier system in force to that end.
Assembly or installation work and facilities are on behalf of the other party and are charged separately.
Changes in purchase prices, labor and material costs, social and government charges, freight and other charges, which relate to the agreed performance give the supplier the right to change the price. Changes the supplier the price within 3 months after the conclusion of the agreement, the other party has the right to terminate the agreement on that ground.
In the event of printing errors on the website retain the supplier and the other party the right to terminate the agreement.
Delivery takes place from warehouse/supplier, unless otherwise expressly agreed.
The customer is obliged to accept the purchased tools at the time they are made available to him or him at the time they are delivered. If the other party refuses the decrease of goods or fails to provide information or instructions necessary for the delivery, up to 4 weeks things will be stored at the expense and risk of the supplier regardless of the provisions in article 7. The other party is in this case, due to any additional costs, including in any case storage costs.
The other party has for 5 business days after delivery the right to cancel the order or to return unused products. If the order has not shipped by the supplier at the time of cancellation, no fee will be charged. If the order has already shipped gives the supplier the right to € 25,- administration fee and costs incurred for delivery (delivery charges). If the customer the order (or part thereof) wants to return after receipt in advance to indicate by email. The customer receives a return number indicating which he can return the goods. The goods must unused and unopened in its original packaging to be returned at the expense and risk of the customer. Damaged goods would not be credited. In addition, specially ordered products for the customer, are not returnable.
Consumers can return ordered goods – with the exception of custom made products as for example on color number made articles – within 14 days of purchase. After receipt of the goods will your payment for these goods returned to you as soon as possible. Cost of return shipping of the order to us shall be borne by the customer.
Returns must be sent secure to: Car Repair Online Products, Singerstraat 4, 2652 XC Berkel en Rodenrijs, The Netherlands.
If the price of a products found to be incorrect, both the supplier and the buyer has the possibility to supply to dissolute the agreement, after both parties are relieved of their obligations to each other around this part of the order and possibly already performed payment will be refunded.
Delivery time
The agreed delivery time never applies as a deadline, unless otherwise expressly agreed. In the event of late delivery shall provide the supplier written notice of default and to award him a reasonable period of time to still fulfill its obligations.
Partial deliveries
The supplier is entitled to deliver sold goods in parts. This does not apply if partial delivery has no independent value. If the goods are delivered in parts, the supplier is entitled to invoice each part separately.
Transport / risk
Dispatch and transport shall be on behalf of the supplier.
If the sold goods by the supplier or an authorized carrier for the other party is concerned, the case for risk of supplier of the episode, even if the property has not yet been passed to the other party. Articles 4.2 is fully applicable.
Ownership reservation
The goods delivered by the supplier shall remain the property of the supplier until the customer has paid the purchase price. Likewise, the reserved property for the progress made by the supplier on the other party if the other party obtains due to failure of one or more of this obligations towards the supplier.
Goods delivered by the supplier, which under the retention of title pursuant to paragraph 1 may only within the framework of normal business activities or used. In case of resale the other party is obliged by its buyers to a retention of title clauses.
The other party is not permitted to pledge or any other right things.
Payment and security
The vendor’s invoices must be paid within 7 days after delivery date to give way by the supplier.
Payment must be made in the currency agreed without setting off, discount or suspension for any reason whatsoever.
In the event of late payment, the other party is in default and he is due interest of 1,5 % per month (part of the) with a minimum of the legal interest per year.
In the event of late payment, liquidation, bankruptcy or receivership of the other party shall be immediately due and payable all payment obligations of the other party regardless of whether the supplier has already been invoiced or for financiering has taken place and the supplier is entitled to suspend further performance of the contract or to dissolve the contract, without prejudice to the right of the supplier to claim charges.
In the event of late payment, the other party in accordance with the extrajudicial collection costs will be charged collection rate of the Dutch Bar of Lawyers.
The supplier shall always be entitled to what he may or may not be due and payable or provided by the other party has to be recovered, whether or not due to offset a counterclaim by the other party on the vendor. In the event that the claim of the supplier on the other party has not yet fallen due, the supplier of its clearing jurisdiction do not use unless on the counterclaim or otherwise detract from the other party story is wanted, a limited right in rem is located or the other party counterclaim under particular transfers title. The supplier shall notify the other party if possible in advance of the use of its clearing power.
The other party is obliged at the first request of the supplier; the supplier immediately and adequately and in the shape that you want to provide security and to supplement them if necessary for the fulfillment of all his obligations. As long as the other party has not fulfilled, the supplier is entitled to suspend its obligations.
If the other party to an application referred to in the preceding paragraph is not made within 14 days after a reminder has to be immediately due and payable, all its obligations.
Liability
If the supplier fails to fulfill its obligations attributable he can only be held liable for the damages, that is, the replacement fee for the lagging performance. The supplier shall not be liable for any other form of damage, including: additional compensation in any form whatsoever:
Indirect damage
Consequential damage
Damage due to lost profit
Damages due to delay
Damage as a result of the provision of inadequate cooperation, information or materials by the other party
Damages resulting from the information contained or opinions by the supplier whose contents are not explicitly part of a written agreement constitutes.
The liability caused by the deficiencies is limited to the invoice amount that the supplier charged.
The right of the other party on only fine or compensation, if the other party as soon as reasonably practicable after the occurrence of the damage in writing to the supplier has reported.
Any claim on payment of a stipulated penalty or to compensation for damage shall lapse on the expiry of a year after the event, making the penalty fell due or the damage was caused, unless with the recovery in straight started within sand period.
The other party indemnifies the supplier for all damages that the supplier may suffer as a result of claims by third parties relating to the goods delivered by the supplier.
Defects; complaint terms
The other party must examine the delivered goods upon delivery. It should be delivered to the other party to the agreement, namely:
Whether the right things are delivered
The goods delivered or what the amount and number of concerned correspondent to be delivered item.
Or the goods delivered meet the requirements may be for normal use and/or trading purposes.
When visible defects or shortages are found, the counterparty has this within 2 working days in writing to the supplier without delay.
No visible defects, the other party within 10 days after delivery, at least after observation was reasonably possible, in writing and quoting the invoice information to report it to the supplier.
Complains about invoices, the counterparty has to report this in writing to the supplier within 5 days of the invoice date.
If the other party makes no mention of defects of complains within the time limits, its complaint is not taken into consideration and expired rights.
Claims and defenses, based on facts that would justify the proposition, that the goods delivered do not comply with the agreement, barred by the expiration of one year after delivery.
Warranty
The warranty period starts at the time of delivery as referred to in article 5.
The warranty means that business, which material and/or construction defects exhibit free at the choice of the supplier, be repaired or replaced, or that the necessary components are made available for recovery or the relevant business as a whole be replaced, as appropriate and in accordance with the applicable for the relevant cases to the supplier or usual arrangement will be refunded. A case is thus replaced or taken back (again) the property of the supplier and must be returned to the supplier.
Outside the warranty defect of the business, which are created as a result of normal wear and tear, coming from outside or by any cause.
The right to warranty is void, if the case is wrong, or if used carelessly or without the prior written consent of the supplier only (recovery) on changes to the work or thing made, unless this work or changes inherent to the commissioning of the case.
If the other party has recourse to a given guarantee by the supplier, the other party within 14 days of receipt by the supplier, of the job on guaranteed, in order to enable the supplier to examine the relevant case on a to be determined, at the choice of the supplier, failing which the other party can derive any rights unless the conduct or the failure of the other party an expiration of his or her rights to guaranteed would not justify.
If the supplier under warranty material and/or construction defects has repaired or replaced the case, he is of his warranty obligations fully discharged and he will not be held to pay any further compensation, unless damage resulting from intent or gross negligence on the part of the supplier or its administrative staff, or liability of the supplier resulting from title 3 section 3 book 6 of the Civil Code. Nor can the other party on the basis of the proven material and/or construction defects dissolution of that agreement, unless the other party cannot be reasonably expected to maintain the agreement.
Dissolution agreement
If the other party does not, not timely or not duly to any obligation from an agreement with the supplier, as well as in case of bankruptcy, receivership or trustee in bankruptcy of the other party or cessation or liquidation of his company, the supplier, after having given the other party written notice of default, entitled without judicial intervention and without any obligation to pay compensation and without prejudice to its other rights to suspend the execution of the agreement. In those cases all claims that the supplier might have immediately payable in full on the other party.
Force majeure
Force majeure means circumstances that prevent the performance of the contract and which are not attributable to the supplier. Below if and in so far as this will make it possible or unreasonably complicate performance Commission include: strikes in companies other than that of the supplier, wild strikes or political strikes in the supplier company, a general lack of the agreed performance necessary for the creation of business or services, not foreseeable stagnation at suppliers or other third parties of which the supplier is bound to, general transport problems, fire, government measures, including in- and export prohibitions.
If the force majeure lasts longer than six months, both parties shall be entitled to dissolve the agreement. In that case, the supplier is not required to pay any compensation.
Applicable law / competent court
The legal relationship between the supplier and the other party is the Dutch law applicable.
Disputes between the supplier and the other party belonging to the competence of the district court be exclusively settled by the judge of the place of establishment of the supplier unless the supplier as demanding or requesting party choose the competent court of the living or the place of establishment of the other party.
Personal data and privacy policy
Use of personal data. Personal data, such as contact details and payment details supplied by you will be used solely by us to facilitate the transaction on to investigate.
Privacy policy. The privacy policy of the supplier is part of this agreement and by accepting these terms and conditions you agree also in the way in which we handle your personal information as described in this privacy policy. The supplier will not use personal information for other purposes or provide it to others than that indicated in the privacy policy, unless you have given the supplier your permission.
