Terms and Conditions Vandermeiparts.com

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
  5. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  6. Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when he wants to exercise his right of withdrawal;
  7. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
  8. Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  9. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time;
  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Statutory name: Van der Mei Parts B.V.

Trade name: Vandermeiparts.com

Address: Meyerweg 171A, 8456HE De Knipe

Phone number: +31620520436

Mon to Fri 9:00 a.m. to 4:30 p.m.

Email address: info@vandermeiparts.nl

Chamber of Commerce number: 95357246

Btw-identificatienummer: NL867099227B01

Article 3 – Applicability.

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
  5. If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force for the rest and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.
  6. Situations not covered by these general terms and conditions should be judged “in the spirit” of these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these general terms and conditions.

Article 4 – 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. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

Article 5 – The Agreement

  1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer’s acceptance of the offer and fulfillment of the conditions set forth therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
  4. The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of 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 application or to attach special conditions to the implementation, while giving reasons.
  5. The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
  6. the contact information of the entrepreneur to whom the consumer can address complaints;
  7. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
  8. the information on warranties and existing after-purchase service;
  9. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
  10. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
  11. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
  12. Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.

Article 6 – Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. When the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means such as by e-mail. After the consumer has made known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example through a proof of shipment.
  4. If the customer has not made known after the expiration of the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, at most the cost of return shipment shall be borne by him.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after revocation. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence of complete return can be presented. Reimbursement will be made through the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
  3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any decrease in value of the product.
  4. The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal.

The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur stated this clearly in the offer, at least in time for the conclusion of the contract:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
  2. Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
  3. Products that spoil quickly or have a limited shelf life;
  4. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  5. Products that after delivery are by their nature irrevocably mixed with other products.

Article 9 – The Price – IMPORT COSTS

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
  3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
  5. they result from statutory regulations or provisions; or
  6. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
  7. The prices mentioned in the offer of products or services include VAT. (within the EU)
  8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

  1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 1 month after delivery. Products must be returned in their original packaging and in new condition.
  4. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
  • The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
  • The delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
  • The inadequacy results in whole or in part from regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives notice of this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
  4. All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.

Article 12 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
  3. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 13 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 1 month fully and clearly described, after the consumer has found the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice 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 amenable to dispute resolution.
  5. In case of complaints, a consumer should first turn to the entrepreneur.
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 14 – Disputes.

  1. On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad. All disputes will be settled by the competent court of the District Court of Noord-Nederland, location Leeuwarden.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or different provisions

  1. Additional or different provisions from these general terms and conditions may not be used to the detriment of the customer.

disadvantage of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.