General Terms and Conditions
Article 1 - Definitions
In these general terms and conditions, the following definitions shall apply:
Withdrawal Period: the period within which the consumer can exercise his/her right of withdrawal; Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Long-term Transaction: a distance contract relating to a series of products and/or services, where the delivery and/or acceptance obligations are spread over time; Permanent Data Carrier: any medium that enables the consumer or entrepreneur to store information that is addressed to him personally in such a way that it can be consulted at a later date and unchanged reproduced; Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period; Model Withdrawal Form: the standard withdrawal form provided by the entrepreneur that the consumer can use when exercising his/her right of withdrawal;
Article 2 - Identity of the Entrepreneur
CarMeetSupply Bardolinogaard 3206 PB Spijkenisse Netherlands Email: carmeetsupply@gmail.com KVK: 85954918
Article 3 - Applicability
These general terms and conditions shall apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and consumer.
Before concluding a distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated before concluding the distance contract that these general terms and conditions can be inspected by the entrepreneur upon request and that they will be sent free of charge.
If the distance contract is concluded electronically, in deviation from paragraph 2 above, the text of these general terms and conditions shall be made available to the consumer in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it shall be stated before concluding the distance contract where these general terms and conditions can be accessed electronically and that they will be sent free of charge upon request.
In case of any contradictions between these general terms and conditions and specific product or service terms, the latter shall prevail, and the consumer may rely on the most favorable provision for himself/herself.
If one or more provisions in these general terms and conditions are invalid or nullified at any time, they shall remain in effect for the rest of the agreement, and the entrepreneur shall replace them with alternative provisions that approximate as closely as possible to their original meaning.
Unclear matters about interpretation or content of one or more provisions of these general terms and conditions shall be interpreted in accordance with their spirit.
Article 4 - Offer
The offer contains a full and accurate description of the products or services offered. The description is sufficient to enable a good assessment by the consumer. If an image is used, it is an accurate representation of the product or service. Any apparent mistakes or inaccuracies in the offer do not bind the entrepreneur.
Each offer contains sufficient information so that for the consumer it is clear what his/her rights and obligations are in connection with accepting an offer.
In particular:
Article 5 - Agreement
The agreement comes into effect when acceptance by the consumer occurs, unless otherwise agreed upon.
If an electronic acceptance has been given by means of a message via e-mail, no later than one working day after receipt of such acceptance. Until receipt by the entrepreneur has been confirmed, no agreement has been concluded.
The entrepreneur takes reasonable measures to ensure secure electronic transmission of data and provides a secure web environment. If electronic payment is possible, he will take reasonable security measures.
The entrepreneur may at any time check whether he can rely on good grounds for entering into an agreement with respect to payment obligations. If he has reason to doubt whether he can enter into an agreement with respect to payment obligations, he may refuse an order or impose special conditions for performance.
The entrepreneur will provide to consumers in writing or on a durable data carrier:
Article 6 - Right of Withdrawal
For delivery of products:
A consumer has the right to withdraw from a purchase without stating reasons during 14 days. This reflection period begins on the day after receipt by him/her or on a date designated by him/her as known to him/her.
During this reflection period, he/she must handle products carefully. He/she may only unpack or use them as necessary to assess whether he/she wishes to retain them. If he/she exercises his/her right of withdrawal, he/she must return products with all provided accessories in their original state and packaging within 14 days after notice of withdrawal. He/she must provide evidence that goods have been returned correctly.
When exercising his/her right of withdrawal, he/she must notify us within 14 days after receipt by us. Notification must be made using our model form or another communication method such as email. After notification, he/she must return goods within 14 days. He/she must provide evidence that goods have been returned correctly.
If he/she does not notify us within this period or does not return goods, he/she loses his/her right of withdrawal.
For delivery of services:
A consumer has the right to withdraw from an agreement without stating reasons during at least 14 days after conclusion.
To exercise his/her right of withdrawal, he/she must follow instructions provided by us in connection with an offer or after delivery.
Article 7 - Costs in Case of Withdrawal
If a consumer exercises his/her right of withdrawal, he/she will only bear costs related to returning goods.
If a consumer has paid an amount, we will refund this amount as soon as possible but no later than within 14 days after withdrawal. Provided that goods have been returned or proof has been submitted that they have been returned correctly.
Article 8 - Exclusion Right of Withdrawal
The entrepreneur may exclude his/her right to withdraw from certain products such as those described in Article 2(2) and (3). Exclusion applies only if this is clearly stated in an offer or before concluding an agreement.
Exclusion applies only for products:
Exclusion also applies for services:
Article 9 - Price
The prices mentioned in an offer shall not change during its validity period, except for changes due to changes in tax rates.
In deviation from paragraph 1 above, we may adjust prices for products whose prices are tied to fluctuations on financial markets over which we have no control.
Here is the full translation of the Dutch text into English:
General Terms and Conditions
Article 1 - Definitions
In these general terms and conditions, the following definitions shall apply:
Article 2 - Identity of the Entrepreneur
CarMeetSupply Bardolinogaard 3206 PB Spijkenisse Netherlands Email: carmeetsupply@gmail.com KVK: 85954918
Article 3 - Applicability
These general terms and conditions shall apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and consumer.
Before concluding a distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated before concluding the distance contract that these general terms and conditions can be inspected by the entrepreneur upon request and that they will be sent free of charge.
If the distance contract is concluded electronically, in deviation from paragraph 2 above, the text of these general terms and conditions shall be made available to the consumer in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it shall be stated before concluding the distance contract where these general terms and conditions can be accessed electronically and that they will be sent free of charge upon request.
In case of any contradictions between these general terms and conditions and specific product or service terms, the latter shall prevail, and the consumer may rely on the most favorable provision for himself/herself.
If one or more provisions in these general terms and conditions are invalid or nullified at any time, they shall remain in effect for the rest of the agreement, and the entrepreneur shall replace them with alternative provisions that approximate as closely as possible to their original meaning.
Unclear matters about interpretation or content of one or more provisions of these general terms and conditions shall be interpreted in accordance with their spirit.
Article 4 - Offer
The offer contains a full and accurate description of the products or services offered. The description is sufficient to enable a good assessment by the consumer. If an image is used, it is an accurate representation of the product or service. Any apparent mistakes or inaccuracies in the offer do not bind the entrepreneur.
Each offer contains sufficient information so that for the consumer it is clear what his/her rights and obligations are in connection with accepting an offer.
In particular:
Article 5 - Agreement
The agreement comes into effect when acceptance by the consumer occurs, unless otherwise agreed upon.
If an electronic acceptance has been given by means of a message via e-mail, no later than one working day after receipt of such acceptance. Until receipt by the entrepreneur has been confirmed, no agreement has been concluded.
The entrepreneur takes reasonable measures to ensure secure electronic transmission of data and provides a secure web environment. If electronic payment is possible, he will take reasonable security measures.
The entrepreneur may at any time check whether he can rely on good grounds for entering into an agreement with respect to payment obligations. If he has reason to doubt whether he can enter into an agreement with respect to payment obligations, he may refuse an order or impose special conditions for performance.
The entrepreneur will provide to consumers in writing or on a durable data carrier:
Article 6 - Right of Withdrawal
For delivery of products:
A consumer has the right to withdraw from a purchase without stating reasons during 14 days. This reflection period begins on the day after receipt by him/her or on a date designated by him/her as known to him/her.
During this reflection period, he/she must handle products carefully. He/she may only unpack or use them as necessary to assess whether he/she wishes to retain them. If he/she exercises his/her right of withdrawal, he/she must return products with all provided accessories in their original state and packaging within 14 days after notice of withdrawal. He/she must provide evidence that goods have been returned correctly.
When exercising his/her right of withdrawal, he/she must notify us within 14 days after receipt by us. Notification must be made using our model form or another communication method such as email. After notification, he/she must return goods within 14 days. He/she must provide evidence that goods have been returned correctly.
If he/she does not notify us within this period or does not return goods, he/she loses his/her right of withdrawal.
For delivery of services:
A consumer has the right to withdraw from an agreement without stating reasons during at least 14 days after conclusion.
To exercise his/her right of withdrawal, he/she must follow instructions provided by us in connection with an offer or after delivery.
Article 7 - Costs in Case of Withdrawal
If a consumer exercises his/her right of withdrawal, he/she will only bear costs related to returning goods.
If a consumer has paid an amount, we will refund this amount as soon as possible but no later than within 14 days after withdrawal. Provided that goods have been returned or proof has been submitted that they have been returned correctly.
Article 8 - Exclusion Right of Withdrawal
The entrepreneur may exclude his/her right to withdraw from certain products such as those described in Article 2(2) and (3). Exclusion applies only if this is clearly stated in an offer or before concluding an agreement.
Exclusion applies only for products:
Exclusion also applies for services:
Article 9 - Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except in cases where changes in VAT rates occur.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are bound to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. These bindings to fluctuations and the fact that potentially mentioned prices are reference prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
Price increases after 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
The prices mentioned in the offer for products or services include VAT.
All prices are subject to type-setting errors. For the consequences of type-setting errors, no liability is accepted. In case of type-setting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur warrants that the products and/or services meet the agreement, the specifications mentioned in the offer, reasonable standards of quality and/or usability, and existing statutory regulations and/or government regulations at the time of conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for use other than normal use.
Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur.
Any defects or incorrect deliveries must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in their original packaging and in a new state.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. The entrepreneur is however never responsible for the ultimate suitability of products for any individual application by a consumer, nor for any advice given regarding use or application of products.
The warranty does not apply if:
Article 11 - Delivery and Performance
The entrepreneur will exercise greatest care in accepting and processing orders for products and in evaluating requests for services.
Unless otherwise agreed, delivery will take place at the address indicated by the consumer.
With due observance of what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders with all due speed but no later than within 30 days, unless otherwise agreed with a longer delivery period. If delivery is delayed or if an order cannot be fully executed, notification must be made to the consumer within 30 days after placing the order. The consumer then has the right to terminate without costs. The consumer has no right to compensation.
All delivery periods are indicative. Any delay in delivery does not entitle consumers to compensation.
In case of termination as per paragraph 3 of this article, the entrepreneur will refund any amount paid by the consumer as soon as possible but no later than within 14 days after termination.
If delivery of a product ordered becomes impossible, the entrepreneur will endeavour to make a replacement product available. Notification must be made clearly and understandably at least at delivery time that a replacement product is being delivered. In cases where replacement products are delivered, there can be no exclusion of cancellation rights. The costs of any return shipment are at the expense of the entrepreneur.
Risk remains with the entrepreneur until delivery or acceptance by a designated representative known to him, unless otherwise agreed.
Article 12 - Long-term contracts: duration, termination and extension
Termination
The consumer can terminate a contract that has been entered into for an indefinite period and relates to regular delivery of products (including electricity) or services at any time with due observance of any agreed termination rules and a termination period of up to one month.
The consumer can terminate a contract that has been entered into for a fixed period and relates to regular delivery of products (including electricity) or services at any time upon expiration of said period with due observance of any agreed termination rules and a termination period of up to one month.
The consumer can terminate contracts mentioned in paragraphs 1 and 2 above:
Extension
A contract that has been entered into for a fixed period and relates to regular delivery of products (including electricity) or services may not be tacitly extended for more than three months unless otherwise agreed.
A contract with a fixed duration for trial delivery (test subscription) expires automatically at the end of said trial period.
Duration
If a contract exceeds one year, it can be terminated by either party at any time with due observance of a termination period not exceeding one month unless reasonableness and fairness oppose termination before expiration of said period.
Article 13 - Payment
Unless otherwise agreed, payments owed by consumers must be made within seven working days after receipt of an invoice issued under Article 6 paragraph 1. In case of an agreement regarding service provision, this term commences after receipt by consumers of confirmation from entrepreneurs.
Consumers are required to notify entrepreneurs immediately in writing if there are errors in provided or mentioned payment details.
In case of late payment by consumers, entrepreneurs have reserved their right to charge reasonable costs.
Article 14 - Complaints Procedure
Entrepreneurs have a well-known complaints procedure in place and handle complaints accordingly.
Complaints about performance must be submitted fully and clearly described in writing within two months after discovery by consumers.
Entrepreneurs will respond within fourteen days after receipt of complaints. If complaints require foreseeable longer processing time, entrepreneurs will respond within fourteen days with an acknowledgement letter indicating when consumers can expect a more detailed response.
A complaint does not suspend obligations unless entrepreneurs notify otherwise in writing.
If complaints are found justified by entrepreneurs, they will replace or repair goods free of charge.
Article 15 - Disputes
These general terms apply exclusively to disputes between entrepreneurs and consumers arising from agreements where these general terms apply. Also in cases where consumers reside abroad.
Article 16 - Additional or deviating provisions
Additional provisions deviating from these general terms may not be detrimental to consumers and must be recorded in writing or recorded on a durable medium in such a way that they can be easily accessed by consumers on such medium.