Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer and/or business customer can exercise the right of withdrawal;

• Consumer and/or business customer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;

• Business customer: the natural person acting in the exercise of a profession or business who 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, the supply and/or purchase obligations of which are spread over time;

• Durable data carrier: any medium that enables the consumer and/or business customer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information;

• Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

• Return form: the model withdrawal form made available by the entrepreneur which a consumer can complete when they wish to exercise their right of withdrawal;

• Entrepreneur: the natural or legal person offering products and/or services to consumers and/or business customers at a distance;

• Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;

• Technique for distance communication: means that can be used to conclude a contract without the consumer and/or business customer and the entrepreneur being simultaneously present in the same place;

• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Autorecycling Kuijpers B.V.
Rieten 6, 5986 PH BERINGE
Phone number: 077-3031570

Availability:
Mon–Fri: 8:00 – 12:30 and 13:00 – 17:00
Sat: 8:00 – 12:00

Email: info@ar-kuijpers.nl
Chamber of Commerce (KvK) number: 27103495
VAT identification number: NL850599866B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer and/or business customer. The entrepreneur may amend or supplement these general terms and conditions at any time. Additional conditions may apply to certain offers, products, or services.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer and/or business customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms can be inspected at the entrepreneur’s premises and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph, the text of these terms may be provided electronically in such a way that they can be easily stored by the consumer and/or business customer on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms can be consulted electronically and that they will be sent at no charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the consumer and/or business customer may always invoke the provision that is most favorable to them in the event of conflicting conditions.

If one or more provisions in these terms and conditions are found to be wholly or partly null and void or annulled, the contract and these terms and conditions otherwise remain in force, and the relevant provision will be replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.

Situations not covered by these terms and conditions shall be assessed in the spirit of these terms.

Ambiguities regarding the interpretation or content of one or more provisions shall also be interpreted in the spirit of these terms.

Article 4 – The offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change, adjust, or cancel the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer and/or business customer. If the entrepreneur uses images, these will be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or termination of the contract.

Images of products are a true representation of the offered products. However, the entrepreneur cannot guarantee that displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information so that the consumer and/or business customer is clearly informed about the rights and obligations attached to accepting the offer, in particular:

• the price including taxes;

• any shipping costs;

• the method of concluding the contract and the required actions;

• whether the right of withdrawal applies;

• the method of payment, delivery, and performance of the contract;

• the period for accepting the offer, or the period during which the entrepreneur guarantees the price;

• the applicable rate for distance communication if it differs from the basic rate of the used communication method;

• whether the contract will be archived and, if so, how it can be consulted;

• how the consumer and/or business customer can check and, if necessary, correct the data provided before concluding the contract;

• any other languages besides Dutch in which the contract may be concluded.

Article 5 – The contract

The contract is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer and/or business customer of the offer and compliance with the associated conditions.

If the consumer and/or business customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer and/or business customer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and provide a safe web environment. If the consumer and/or business customer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal limits, ascertain whether the consumer and/or business customer can meet their payment obligations, as well as all facts and factors relevant for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request or attach special conditions to its execution.

The entrepreneur shall provide the following information to the consumer and/or business customer, in writing or in such a way that it can be stored on a durable data carrier:
a. the visiting address of the entrepreneur’s business where the consumer and/or business customer can submit complaints;
b. the conditions under which and the manner in which the right of withdrawal can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and after-sales service;
d. the details included in Article 4 paragraph 3, unless these details have already been provided before performance of the contract.

Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For delivery of products:
The right of withdrawal only applies to sales transactions between the entrepreneur and a consumer and/or business customer.

Upon purchasing products, the consumer and/or business customer has the right to cancel the contract without giving reasons within 14 days. The cooling-off period starts on the day after receipt of the product by the consumer and/or business customer or a representative previously designated and made known to the entrepreneur.

During the cooling-off period, the consumer and/or business customer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If exercising the right of withdrawal, the product must be returned to the entrepreneur with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the entrepreneur’s clear and reasonable instructions.

If the consumer and/or business customer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receipt of the product by means of the return form. After notification, the consumer and/or business customer must return the product within 14 days. Proof that the goods were returned in time must be provided, for example by means of proof of shipment.

If the consumer and/or business customer has not notified their intention to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product, the purchase becomes final.

For delivery of services:
In the case of service delivery, the consumer has the right to cancel the contract without giving reasons within 14 days from the day the contract is concluded.

To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

If the consumer and/or business customer exercises the right of withdrawal, the costs of return shipment as well as administrative costs are borne by them.

If the consumer and/or business customer has already made a payment, the entrepreneur shall refund this payment as soon as possible, but no later than 14 days after withdrawal, provided the returned product has already been received or conclusive proof of complete return has been provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the right of withdrawal for products as described below, provided this is clearly stated in the offer and/or prior to concluding the contract:

• Electronic components;

• Parts specially dismantled for the customer;

• Sealed parts where the seal is no longer intact;

• If article numbers were not compared in advance;

• Parts ordered incorrectly by the customer.

Article 9 – The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased.

The validity period of offers is as stated on the website and/or while stocks last.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control at variable prices. This dependency on fluctuations and the fact that listed prices may be indicative will be stated in the offer.

Price increases are only permitted if:
a. they result from statutory regulations or provisions; or
b. the consumer and/or business customer has the right to terminate the contract as of the date the increase takes effect.

The prices mentioned in the offer are stated both excluding and including VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and usability, and legal provisions and government regulations existing on the date of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer and/or business customer may assert under the contract.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 5 working days of delivery. Returns must be made in the original packaging and in the condition in which the product was delivered.

For used products, the warranty conditions provided by the entrepreneur apply. However, the entrepreneur is never responsible for the final suitability of the products for each individual application, nor for advice regarding use or application.

The warranty does not apply if:

• the consumer and/or business customer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;

• the delivered products have been exposed to abnormal conditions, handled carelessly, or contrary to the entrepreneur’s instructions and/or packaging information;

• the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.

The place of delivery is the address given by the consumer and/or business customer to the company.

Subject to paragraph 4 of this article, accepted orders will be executed with due speed but no later than 30 days, unless a longer delivery period was agreed upon. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer and/or business customer will be notified within 30 days after placing the order. In such case, the consumer and/or business customer has the right to dissolve the contract free of charge. They are not entitled to compensation.

All delivery periods are indicative. The consumer and/or business customer cannot derive rights from any stated periods. Exceeding a delivery period does not entitle them to compensation.

In case of dissolution as per paragraph 3 of this article, the entrepreneur will refund the amount paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement article. At the latest upon delivery, it will be clearly stated that a replacement product is being supplied. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer and/or business customer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Payment

All products purchased by the consumer and/or business customer must be paid for in advance.

If otherwise agreed, amounts owed must be paid within 7 working days after the start of the cooling-off period.

The consumer and/or business customer is obliged to promptly report inaccuracies in provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer and/or business customer, and subject to legal restrictions, the entrepreneur is entitled to charge reasonable costs communicated in advance.

Article 13 – Liability

The entrepreneur is only liable to the consumer and/or business customer for damage that is the foreseeable and direct result of an attributable failure by the entrepreneur in fulfilling their obligations under the contract. Any form of consequential or indirect damage is excluded. This includes, but is not limited to: business damage, delay damage (other than statutory interest), depreciation, loss of enjoyment, lost profits, incurred losses, towing costs, replacement transport costs, rental or leasing costs, extra transport costs, damage to third-party goods, cargo damage, damage due to infringement of patents, licenses or other third-party rights as a result of use of data provided by the consumer and/or business customer, or damage or loss of materials, semi-finished products, models, tools, and other items made available by the consumer and/or business customer, as well as personal or immaterial damage.

If the entrepreneur is obliged to compensate damage under paragraph 1, compensation shall only apply to the damage against which they are insured, or should reasonably have been insured, with a maximum equal to the amount insured or reasonably insurable.

With regard to the condition of the work and/or goods delivered by the entrepreneur, their liability does not extend beyond what is described in the warranty conditions in Article 14. The consumer and/or business customer is not entitled to statutory consumer rights if acting in the course of a profession or business.

All other claims for compensation are excluded.

The consumer and/or business customer indemnifies the entrepreneur against all third-party claims, unless the entrepreneur is liable under this article.

Liability is limited to deliveries within mainland Europe. Any claims relating to (re)deliveries outside Europe or overseas territories are excluded.

Article 14 – Force majeure

If performance of a contract is hindered or rendered impossible for the entrepreneur due to force majeure, they are entitled to dissolve the contract by written declaration, stating the circumstances preventing performance.

Force majeure includes, but is not limited to:

• war or similar situations, riots, sabotage;

• fire, lightning, explosion, leakage of hazardous substances or gases;

• power failure, factory or business disruptions of any kind;

• boycott, occupation, blockade not carried out by the entrepreneur’s employees;

• transport disruptions, frost damage, import/export bans;

• failures by third parties engaged by the entrepreneur;

• government measures;

• epidemics;

• theft, embezzlement, or damage of goods from warehouse, workshop, or company site, or during transport;

• any other circumstance hindering normal operations, making performance of the contract unreasonable.

If force majeure occurs, the entrepreneur will notify the consumer and/or business customer as soon as possible, stating whether delivery is still possible and, if so, within what period.

If delivery is not permanently impossible but cannot take place within 3 months after the agreed date, both parties may dissolve the contract by written notice, without entitlement to damages. Such notice must be given within 1 week of receiving the notification referred to in paragraph 3.

Article 15 – Complaints procedure

The entrepreneur has a complaints procedure and handles complaints in accordance with this procedure. Complaints must be submitted to us in writing.

Article 16 – Disputes

Dutch law exclusively applies to contracts between the entrepreneur and the consumer and/or business customer to which these general terms and conditions relate, even if the consumer and/or business customer resides abroad.

The Vienna Sales Convention does not apply.

Article 17 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and/or business customer and must be recorded in writing or in such a way that they can be stored on a durable data carrier.