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Terms and conditions Minicar-Parts

Index:

Article 1 - Definitions
Article 2 - Identity of Van den Berg Holding B.V.
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the appraisal period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of van den Berg Holding B.V. upon withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaints

Article 1 - Definitions

These terms and conditions include:
Additional agreement: An agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these matters, digital content and / or services by van den Berg Holding B.V. are delivered or by a third party on the basis of an agreement between that third party and van den Berg Holding B.V.
Prayer period: The term within which consumers can use their right of withdrawal;
Consumer: The natural person who does not trade for purposes related to his commercial, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that provides for the regular delivery of business, services and / or digital content for a certain period of time;
Sustainable data carrier: any tool - including email - that allows the consumer or entrepreneur to store information that is personalized to him in a manner that allows future consultation or use for a time-matched purpose for which the information is intended and which allows for unmodified reproduction of the stored information;
Right of withdrawal: The ability of the consumer to refrain from the distance agreement within the conceivable period;
Entrepreneur: The natural or legal person who offers products, (access to) digital content and / or remote services to consumers;
Remote Agreement: an agreement between Van den Berg Holding B.V. and the consumer is closed within the framework of an organized remote marketing system of products, digital content and / or services, until or until the conclusion of the agreement, exclusively or co-utilized one or more remote communication techniques ;
Model form for revocation: The model form for revocation or another clearly formulated statement can be filled in electronically and sent via our website www.minicar-parts.nl. If you use this option, we will send you a receipt of your revocation immediately upon a durable data carrier (for example by email). The model form need not be made available if the consumer has no right of withdrawal in respect of his order;
Remote communication technology: means that can be used to conclude an agreement without the need for consumer and entrepreneur to be in the same room at the same time.

Article 2 - Identity of Van den Berg Holding B.V.

Name of Entrepreneur: Van den Berg Holding B.V.
Trading under the name: Minicar-Parts

Address:
Drs. W. van Royenstraat 21
3871 AN Hoevelaken

Establishment & Visiting Address:
Oosterinslag 1
3871 AL Hoevelaken

Access: Monday to Friday 08.30 to 17.00
Phone number: 033 - 25 35 111
E-mail: info@minicar-parts.nl

Chamber of Commerce: 08015219
VAT Identification Number: NL001210609B01

Article 3 - Applicability

1. These terms and conditions apply to any offer of Van den Berg Holding B.V. and on each established agreement between entrepreneur and consumer.
2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, Van den Berg Holding B.V. Before the distance contract is concluded, indicate how the terms and conditions of Van den Berg Holding B.V. and to be sent free of charge at the request of the consumer as soon as possible.
3. If the remote agreement is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the Consumers can easily be stored on a durable data carrier. If this is reasonably impossible, before the distance contract is concluded, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or otherwise by the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms, the consumer may always rely on the applicable provision which is the most appropriate for him is favorable.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. Als van den Berg Holding B.V. Using images, these are a true and fair view of the offered products, services and / or digital content. Apparent errors or manifest errors in the offer bind by Berg Holding B.V. not.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement shall be concluded at the time of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
2. If the consumer has accepted the offer electronically, Van den Berg Holding B.V. Immediately by electronic means the receipt of acceptance of the offer. As long as the receipt of this acceptance is not received by Van den Berg Holding B.V. is confirmed, the consumer can dissolve the agreement.
3. If the agreement is established electronically, Van den Berg Holding B.V. appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, Van den Berg Holding B.V. To this end, observe appropriate safety measures.
4. van den Berg Holding B.V. can, within legal frameworks, inform whether the consumer is able to meet its payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. Indien van den Berg Holding B.V. Based on this investigation, has good grounds for not entering into the agreement, he is entitled to refuse an order or request or to impose special conditions on the execution.
5. van den Berg Holding B.V. shall forward the following information, in writing or in such a way as to be accessible by the consumer in an accessible manner to a durable data carrier, at the latest upon delivery of the product, service or digital content to the consumer:
o The Visiting Address of the Van der Berg Holding B.V. where the consumer is entitled to complaints
o the conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal
o Warranty information and existing service after purchase
o The price including all taxes on the product, service or digital content. To the extent applicable:
 the cost of delivery and the manner of payment, delivery or execution of the remote agreement
 the terms of termination of the agreement if the agreement has a duration of more than one year or indefinite duration
 If the consumer has a right of withdrawal, the return form for revocation. (Found on the website)
6. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:
1. The consumer may terminate an agreement relating to the purchase of a product for a period of 14 days without giving reasons. Minicar Parts may ask the consumer for the reason for revocation, but do not oblige them to state their reasons.
2. The period referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
o If the consumer has ordered multiple products in the same order: the date on which the consumer, or a third party designated by him, received the last product. Minicar Parts may, in the event that he has informed the consumer clearly in advance of the ordering process, refuse an order for multiple products with a different delivery time.
o if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last shipment or the final item
o For agreements for regular delivery of products for a certain period of time: the date on which the consumer, or a third party designated by him, received the first product.

Article 7 - Obligations of the consumer during the appraisal period

1. During the bedtime, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he should do in a store.
2. The consumer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond what is allowed in paragraph 1.
3. The consumer is not liable for impairment of the product as van den Berg Holding B.V. did not provide him with any statutory mandatory information on the right of withdrawal before or upon conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he will report this within the period of notice by means of the return form for revocation or in another unambiguous manner to van den Berg Holding B.V. The following contact information applies to this.
2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) van den Berg Holding B.V. This does not have to be like van den Berg Holding B.V. has offered to pick up the product itself. In any case, the consumer has complied with the return period when returning the product before the time has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in original condition and packaging, and according to the door of den Berg Holding B.V. provided reasonable and clear instructions.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct cost of returning the product. Als van den Berg Holding B.V. has not reported that the consumer has to bear these costs or as van den Berg Holding B.V. Indicates the cost itself, the consumer does not have to bear the cost of returning.
6. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied to a material carrier if:
o he has not explicitly agreed to commence compliance before the end of the period of notice before delivery
o he has not approved to lose his right of withdrawal in granting his permission
O van den Berg Holding B.V. has failed to confirm this consumer statement
7. If the consumer makes use of his right of withdrawal, all additional agreements are terminated by law.

Article 9 - Obligations of van den Berg Holding B.V. upon withdrawal

1. Als van den Berg Holding B.V. If the consumer is notified electronically by electronic means, he will send a receipt of receipt immediately upon receipt of this notification.
2. van den Berg Holding B.V. reimburses all payments from the consumer, including any delivery costs by Van den Berg Holding B.V. charged for the returned product, without delay but within 14 days following the date on which the consumer notifies him of the cancellation. This requires the complete order to be returned. Unless Van den Berg Holding B.V. offer the product itself, may wait for repayment until he has received the product or show to the consumer that he has returned the product, whichever is earlier.
3. van den Berg Holding B.V .. uses repayment the same means of payment used by the consumer unless the consumer agrees with another method. The refund is free for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Van den Berg Holding B.V. not to refund the additional cost for the more expensive method.

Article 10 - Exclusion of right of withdrawal

van den Berg Holding B.V. may exclude the following products and services from the right of withdrawal, but only if van den Berg Holding B.V. This clearly stated in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market at which Van den Berg Holding B.V. has no influence and can occur within the term of revocation.
2. Agreements that are closed during a public auction. Public auction means a sales method whereby products, digital content and / or services by Van den Berg Holding B.V. are offered to the consumer who is personally present or to be personally present at the auction under the guidance of an auctioneer, and the successful bidder is obliged to remove the products, digital content and / or services.
3. Services, after full service, but only if:
o implementation has begun with explicit prior consent of the consumer; and
o the consumer has declared that he loses his right of withdrawal as soon as van den Berg Holding B.V. has fully implemented the agreement;
4. Services for the provision of accommodation, if provided for in the agreement, a certain date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;
5. Agreements relating to leisure activities, provided for in the agreement, a certain date or period of implementation
6. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a particular person;
7. spoilage products or limited shelf life;
8. Sealed products which, for reasons of health protection or hygiene, are unsuitable to be returned and whose seal has been discontinued after delivery;
9. Products which, by their nature, are irrevocably mixed with other products;
10. Products painted in color from den Berg Holding B.V. no return unless otherwise agreed with van den Berg Holding B.V.
11. Products that are specially ordered for the consumer take Van den Berg Holding B.V. not return. Unless otherwise agreed with van den Berg Holding B.V. or if the consumer is not mentioned that the product is a specially ordered product.

Article 11 - The price

1. During the period of validity of the offer, the prices of the products and / or services offered shall not be increased, subject to changes in prices resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, van den Berg Holding B.V. products or services whose prices are subject to fluctuations in the financial market and where van den Berg Holding B.V. do not affect, offering variable prices. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if van den Berg Holding B.V. this has meant and:
o these are due to statutory regulations or provisions; or
o The consumer has the power to cancel the agreement as from the date of the price increase.
5. The prices mentioned in the offer of products or services are shown exclusive and inclusive VAT.

Article 12 - Compliance agreement and additional warranty

1. van den Berg Holding B.V. warrants that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing legislation on the date of the conclusion of the agreement and / or government regulations. If agreed to state van den Berg Holding B.V. also means that the product is suitable for other than normal use.
2. by van den Berg Holding BV, its supplier, manufacturer or importer warranty provided additional never restricted the legal rights and claims that the consumer under the contract in front of den Berg Holding B.V. may apply if van den Berg Holding B.V. is flawed in compliance with its part of the agreement.
3. additional guarantee means any undertaking by van den Berg Holding BV, its supplier, importer or producer certifying that certain rights or claims to the consumer grants beyond which it is required by law in case it has failed to fulfill are part of the agreement.

Article 13 - Delivery and execution

1. van den Berg Holding B.V. will take the utmost care when receiving and carrying out orders for products and evaluating applications for services.
2. As a place of delivery, the address of the consumer of den Berg Holding B.V. made known.
3. Subject to the provisions of Article 4 of these Terms and Conditions, Van den Berg Holding B.V. Accepted orders on working days before 4.30 pm deliver the next business day unless another delivery date has been agreed. If delivery is delayed, or if an order can not be executed or only partially, the consumer will receive it as soon as possible after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost.
4. After dissolution in accordance with the previous paragraph, Van den Berg Holding B.V. The amount paid by the consumer will be repaid without delay.
5. The risk of damage and / or loss of products is based on Van den Berg Holding B.V. until the time of delivery to the consumer or a pre-designated and to den Berg Holding B.V. authorized representative, unless explicitly agreed otherwise.

Article 14 - Payment

1. In the event of a prepayment delivery, Berg Holding B.V. The order pending on the date after van den Berg Holding B.V. The order amount has been fully received.
2. The consumer has a duty to report inaccuracies in provided or reported payment information to Van den Berg Holding B.V. to report.
3. If the consumer fails to meet his payment obligation (s) in good time, after being informed by van den Berg Holding B.V. has been referred to the late payment and from Berg Holding B.V. the consumer is given a period of 14 days in which to comply with its payment obligations, after failing to pay within this 14-day period, the outstanding amount of statutory interest and van den Berg Holding B.V. to charge the extrajudicial collection costs incurred by him. This collection fee amounts to a maximum of 15% on outstanding amounts to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. Van den Berg Holding B.V .. may deviate from the amounts and percentages for the benefit of the consumer.

Article 15 - Complaints

1. van den Berg Holding B.V. It is open from Monday to Friday to address complaints.
2. van den Berg Holding B.V. always tries to resolve the complaint as quickly as possible.
3. The consumer shall serve Van den Berg Holding B.V. at least 4 weeks to give the time to resolve the complaint by mutual agreement. After this period, a dispute arises which is susceptible to the dispute settlement.