Terms and Conditions
Article 1 Definitions
In these terms and conditions, the following shall be understood to mean:
1 Entrepreneur: General Cars & Parts B.V., which offers products through its website, established at (1645 VX) Ursem at Nijverheidsterrein 16, telephone number 072-5020103, fax number: 072-5020104, e-mail: info@generalcarsandparts.nl, registered with the Chamber of Commerce under number 62142526, VAT number NL8546822211B01;
2 Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3 Non-consumer: the natural person and/or legal entity who acts in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
4 Buyer: the consumer and/or non-consumer;
5 Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
6 Day: calendar day;
7 Durable data carrier: any means that enables the buyer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information;
8 Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9 Model form: the model withdrawal form made available by the entrepreneur that a consumer can fill in when he wishes to exercise his right of withdrawal;
10 Distance contract: a contract concluded as part of a system for distance selling organized by the entrepreneur, whereby up to and including the conclusion of the contract, only one or more techniques for distance communication are used;
11 Technique for distance communication: means that can be used for concluding a contract, without buyer and entrepreneur being simultaneously present in the same room;
12 General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 General
1 These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders between entrepreneur and buyer.
2 Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the buyer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the buyer free of charge as soon as possible upon request.
3 If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the buyer electronically in such a way that it can be stored by the buyer in a simple manner on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the buyer's request.
4 If one or more provisions in these general terms and conditions are at any time wholly or partly void or annulled, the remaining provisions of these general terms and conditions shall remain fully applicable. The entrepreneur and the buyer shall then consult in order to agree on new provisions to replace the void or annulled provisions, taking into account as much as possible the purpose and intent of the original provisions.
5 If there is any ambiguity regarding the interpretation of one or more provisions of these general terms and conditions, then the interpretation must take place ‘in the spirit’ of these provisions.
6 If a situation arises between the parties that is not regulated in these general terms and conditions, then this situation must be assessed in the spirit of these general terms and conditions.
Article 3 The offer
1 If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2 The offer is without obligation and lapses if the product to which the offer relates is no longer available in the meantime. The entrepreneur is entitled to amend and adjust the offer.
3 The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the buyer. If the entrepreneur uses images, these are a truthful representation of the products offered.
4 The entrepreneur cannot be held to her offer if the buyer can reasonably understand that the offer, or a part thereof, contains an obvious error or mistake.
5 All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
6 Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
7 Every offer contains such information that it is clear to the buyer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
- the price including taxes for consumers and the price excluding taxes for non-consumers;
- the cost of shipping;
- the manner in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- whether the agreement will be archived after its conclusion, and if so, in what way it can be accessed by the buyer;
- the manner in which the buyer can, before concluding the agreement, review and if desired rectify the data provided by him in the context of the agreement;
Article 4 The agreement
1 The agreement shall be concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the buyer of the offer and compliance with the conditions set out therein.
2 If the buyer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the buyer may dissolve the agreement.
3 If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment.
4 The entrepreneur may, within the limits of the law, ascertain whether the buyer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
5 The entrepreneur shall send the consumer the following information with the product, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. information on guarantees and existing after-sales service;
d. the data included in Article 3 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
6 Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 5 The price
1 During the period of validity stated in the offer, the prices of the offered products and services will not be increased. Nevertheless, the entrepreneur is at all times entitled to increase the price without the buyer being entitled in that case to dissolve the agreement for that reason, if the price increase results from a power or obligation under the law or regulations, or if its cause lies in an increase in the price of raw materials, wages, etc., or on other grounds that were not reasonably foreseeable at the time of entering into the agreement.
2 Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
3 All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.
4 Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement as from the day on which the price increase takes effect.
5 When a customer from the European Union purchases a product from the entrepreneur with his business account, 0% VAT is charged in connection with intra-Community supplies on the basis of Article 138 of the EU VAT Directive 2006/112/EC insofar as it may be relied upon.
Article 6 Conformity and Warranty
1 The entrepreneur warrants that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement. The entrepreneur also warrants that the product is suitable for normal use.
2 A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the buyer can assert against the entrepreneur on the basis of the agreement.
3 Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. Returns of the products must be made in the original packaging and in as-new condition.
4 The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is at no time responsible for the final suitability of the products for any individual application by the buyer, nor for any advice regarding the use or application of the products.
5 The warranty does not apply if:
- the buyer has repaired and/or processed the delivered products themselves, or has had them repaired and/or processed by third parties;
- the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
- the defect is wholly or partly the result of regulations imposed or to be imposed by the government with regard to the nature or quality of the materials used.
Article 7 Delivery and performance
1 The entrepreneur shall exercise the greatest possible care when receiving and fulfilling orders for products.
2 The place of delivery shall be the address that the buyer has made known to the company.
3 Subject to what is stated in paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 30 days, unless the buyer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the buyer will receive notice of this no later than 30 days after placing the order. In that case, the buyer has the right to dissolve the agreement free of charge. The buyer is not entitled to compensation.
4 All delivery periods are indicative. The buyer cannot derive any rights from any stated periods. Exceeding a period does not entitle the buyer to compensation.
5 In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the buyer as soon as possible, but no later than within 14 days after dissolution.
6 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the buyer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Exclusively applicable to orders by consumers
Article 8 Right of withdrawal
1 The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not require them to state their reason(s).
2 The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided they have informed the consumer clearly of this prior to the ordering process, refuse an order of multiple products with different delivery times.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
3 During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. The underlying principle is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
4 If the consumer makes use of his right of withdrawal, he shall return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
5 If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receipt of the product. The consumer must notify the entrepreneur of this by means of the model form or in another unambiguous manner. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days from the day following the notification referred to in paragraph 1. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment. In any case, the consumer has complied with the return period if he returns the product before the reflection period has expired.
6 If the customer has not indicated, after the expiry of the periods referred to in paragraphs 2 and 3, that he wishes to exercise his right of withdrawal, respectively has not returned the product to the entrepreneur, the purchase is a fact.
7 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
Article 9 Costs in the event of withdrawal
1 If the consumer makes use of his right of withdrawal, the costs of return shipment shall be borne by him at most.
2 If the consumer has paid an amount, the entrepreneur shall reimburse this amount as soon as possible, but no later than within 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return shipment can be provided.
Article 10 Exclusion of the right of withdrawal
1 The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
2 Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. the price of which is subject to fluctuations in the financial market on which
the entrepreneur has no influence;
e. for audio and video recordings and computer software of which the consumer has broken the seal;
f. for hygiene products of which the consumer has broken the seal.
Article 11 Complaints procedure
1 The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2 Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified the defects.
3 Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4 If the complaint cannot be resolved by mutual agreement, a dispute arises that is eligible for settlement by the court of the district where the entrepreneur is established.
Article 12 Applicable law and competent court
1 Agreements concluded by the entrepreneur pursuant to these terms and conditions are always governed by Dutch law, even if an obligation is performed in whole or in part abroad or if the party involved in the legal relationship resides there.
2 The Vienna Sales Convention does not apply.
3 All disputes that may arise between the entrepreneur and the buyer as a result of an agreement concluded by both parties or further agreements shall, subject to the parties' authority to request a decision from the president of the district court, sitting in summary proceedings, be submitted to the judgment of the ordinary court in the district where the entrepreneur is established.
Use of customer data for personalized ads via Google Ads
We may use customer data that you have actively provided to us - such as your name, email address, or phone number - to show you more relevant ads via Google Ads. We do this through a Google feature called Customer Match. Your data is uploaded to Google in a secure and encrypted manner. If your data matches a Google account, Google may show you ads within its own network, including Google Search, YouTube, Gmail, and the Google Display Network.
Your data is never sold or shared with third parties outside Google and is used solely to show ads relevant to your previous interaction with us. If you do not want to receive personalized ads via Google, you can adjust your preferences in your own Google account via https://myadcenter.google.com. You can also object to the use of your data for this advertising purpose. In that case, we will ensure that your data is removed from the customer lists at the next update.