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 reflection 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 revocation
Article 10 - Exclusion right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaints procedure
Article 1 - Definitions
In these terms and conditions the following definitions apply:
Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by van den Berg Holding B.V. delivered or by a third party on the basis of an agreement between that third party and Van den Berg Holding B.V.
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement between van den Berg Holding B.V. and the consumer is concluded within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made of one or more techniques for distance communication up to and including the conclusion of the agreement. ;
Model withdrawal form: the model withdrawal form or another clearly formulated statement can be completed electronically and sent via our website www.minicar-parts.nl. If you make use of this option, we will immediately send you a confirmation of receipt of your revocation on a durable data carrier (e.g. by e-mail). The model form does not have to be made available if the consumer has no right of withdrawal with regard to his order;
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet 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
Business & visiting address:
Oosterinslag 1
3871 AL Hoevelaken
Availability customer service: Monday to Friday 09.00 am to 04:30 pm
E-mail: helpdesk@minicar-parts.nl
Chamber of Commerce number: 08015219
VAT identification number: NL001210609B01
Article 3 - Applicability
These general terms and conditions apply to every offer from van den Berg Holding B.V. and to any distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is 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 general terms and conditions at van den Berg Holding B.V. can be inspected and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Van den Berg Holding B.V. uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are binding on den Berg Holding B.V. not.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
If the consumer has accepted the offer electronically, Van den Berg Holding B.V. immediately electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been received by van den Berg Holding B.V. has been confirmed, the consumer can dissolve the agreement.
If the agreement is concluded electronically, Van den Berg Holding B.V. appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Van den Berg Holding B.V. take appropriate safety precautions.
van den Berg Holding B.V. can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If van den Berg Holding B.V. based on this investigation, he has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
van den Berg Holding B.V. will send the following information to the consumer no later than upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the office of van den Berg Holding B.V. where consumers can go with complaints
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
the information about guarantees and existing after-sales service
the price including all taxes of the product, service or digital content. Where applicable:
- the costs of delivery and the method of payment, delivery or performance of the distance contract
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration
- if the consumer has a right of withdrawal, the return form for withdrawal. (can be found on the website)
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
For products:
The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of 14 days without stating reasons. Minicar-Parts may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Minicar-Parts may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
- if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last consignment or part
- in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 7 - Obligations of the consumer during the reflection period
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if Van den Berg Holding B.V. has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer makes use of his right of withdrawal, he must notify Van den Berg Holding B.V. within the cooling-off period by means of the return form for withdrawal or in another unambiguous manner. The following contact details apply for this.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) van den Berg Holding B.V. This is not necessary if van den Berg Holding B.V. has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the instructions provided by van den Berg Holding B.V. provided reasonable and clear instructions.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
The consumer bears the direct costs of returning the product. If Van den Berg Holding B.V. has not reported that the consumer must bear these costs or if van den Berg Holding B.V. indicates to bear the costs himself, the consumer does not have to bear the costs for return.
The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- he has not expressly agreed to commence fulfillment of the agreement before the end of the cooling-off period prior to its delivery
- he has not acknowledged to lose his right of withdrawal when granting his consent
- van den Berg Holding B.V. has failed to confirm this consumer statement
If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of van den Berg Holding B.V. upon revocation
If Van den Berg Holding B.V. makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
van den Berg Holding B.V. reimburses all payments made by the consumer, including any delivery costs by van den Berg Holding B.V. charged for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. This means that the complete order will be returned. Unless van den Berg Holding B.V. offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
van den Berg Holding B.V. uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Van den Berg Holding B.V. not reimburse the additional costs for the more expensive method.
Article 10 - Exclusion right of withdrawal
van den Berg Holding B.V. can exclude the following products and services from the right of withdrawal, but only if Van den Berg Holding B.V. has clearly stated this in the offer, at least in good time before the conclusion of the agreement:
Products or services whose price is subject to fluctuations in the financial market on which van den Berg Holding B.V. has no influence and which may occur within the withdrawal period.
Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are sold by van den Berg Holding B.V. are offered to the consumer who is personally present or who is given the opportunity to attend the auction in person, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services.
Service agreements, after full performance of the service, but only if:
- the execution has started with the express prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal as soon as Van den Berg Holding B.V. has fully performed the agreement;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation
Products manufactured 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 specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery by their nature;
Products that are sprayed in color van den Berg Holding B.V. not return unless otherwise agreed with van den Berg Holding B.V.
Products that have been specially ordered for the consumer, van den Berg Holding B.V. not return. Unless otherwise agreed with van den Berg Holding B.V. or if the consumer is not stated that the product is a specially ordered product.
Article 11 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Notwithstanding 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. does not affect, with variable prices offering. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Van den Berg Holding B.V. has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are shown both exclusive and inclusive of VAT.
Article 12 - Compliance with the agreement and extra guarantee
van den Berg Holding B.V. guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, van den Berg Holding B.V. also ensure that the product is suitable for other than normal use.
An additional guarantee provided by van den Berg Holding B.V., its supplier, manufacturer or importer never limits the legal rights and claims that the consumer may have against van den Berg Holding B.V. under the agreement. can assert if van den Berg Holding B.V. has failed to fulfill its part of the agreement.
An additional guarantee is understood to mean any commitment by van den Berg Holding B.V., its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is required by law in the event that he has failed to fulfill his part. of the agreement.
Article 13 - Delivery and execution
van den Berg Holding B.V. will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has given to van den Berg Holding B.V. has made known.
With due observance of what is stated in this regard in Article 4 of these general terms and conditions, van den Berg Holding B.V. accepted orders on working days before 4.30 pm on the next working day, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified as soon as possible after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
After dissolution in accordance with the previous paragraph, van den Berg Holding B.V. refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with van den Berg Holding B.V. until the moment of delivery to the consumer or a pre-designated and to van den Berg Holding B.V. announced representative, unless expressly agreed otherwise.
Article 14 - Payment
In the case of a delivery subject to payment in advance, den Berg Holding B.V. the order is being processed on the date after van den Berg Holding B.V. has received the order amount in full.
The consumer has the duty to report any inaccuracies in payment details provided or stated without delay to van den Berg Holding B.V. to report.
If the consumer does not meet his payment obligation(s) in time, this will be canceled after he has been notified by van den Berg Holding B.V. has been informed of the late payment and van den Berg Holding B.V. has granted the consumer a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, the statutory interest is owed on the amount still owed and Van den Berg Holding B.V. entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. van den Berg Holding B.V. can deviate from the stated amounts and percentages in favor of the consumer.
Article 15 - Complaints procedure
van den Berg Holding B.V. is available from Monday to Friday to handle complaints.
van den Berg Holding B.V. always tries to resolve the complaint as best and as quickly as possible.
The consumer must inform Van den Berg Holding B.V. to give at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.