Below you will find our General Terms and Conditions. These are each time applicable if you make use of (services on) our Website and contain important information for you as a user of the Website. Therefore, properly read the General Terms and Conditions. We advise you furthermore to store or print these terms and conditions, so that you can read them again at a later moment.
Article 1 Definitions
1.1 General Terms and Conditions: the present General Terms and Conditions.
1.2 Dealer: having its seat in (Seat of business Dealer) and registered at the Chamber of Commerce under registration number Chamber of Commerce (Chamber of Commerce Number Dealer), trading under the name (Name of enterprise Dealer).
1.3 Customer: the natural or legal person trading in the execution of profession or enterprise that concludes an Agreement with Dealer or visits the Website.
1.4 Agreement: each understanding or agreement between Dealer and Customer, of which agreement the General Terms and Conditions form an integral part. It concerns in this case never the agreement whereby a Vehicle is definitively purchased by a Customer from Dealer.
1.5 Reservation: The possibility to let Customers via the Website make a down payment for a Vehicle.1.6Website: the website of Dealer, to be consulted via (Domain name Dealer) and all related sub domains.
1.7 Vehicle(s): the cars and other vehicles that Dealer offers via the Website to Customers.
Article 2 Applicability General Terms and Conditions
2.1 The General Terms and Conditions are applicable to all offers, Agreements and deliveries of Dealer made via the Website, unless explicitly agreed otherwise in writing.
2.2 If Customer in his commission, confirmation or notification containing acceptation, includes stipulations or terms and conditions that deviate from, or do not appear in the General Terms and Conditions, then these are only binding for Dealer, if and insofar these have been accepted explicitly in writing by Dealer.
2.3 In case that, in addition to these General Terms and Conditions, also specific terms and conditions of Dealer and/or terms and conditions of product or service are applicable, then those terms and conditions are also applicable, but Customer can, in case of contradictory terms and conditions, each time make a claim on the applicable stipulation that is the most favourable for him.
2.4 Specifically for the purchase of a Vehicle, apply further terms and conditions of Dealer, regarding payment, delivery, warranty, taxation etc.
Article 3 Prices, information and Offer
3.1 All prices stated on the Website and in other materials originating from Dealer, are exclusive of VAT and, unless stated otherwise on the Website, other levies which are imposed by the government.
3.2 On the Website, the Offer of Dealer will be presented. It concerns a non-binding Offer to be recalled by Dealer, unless stated otherwise or otherwise agreed.
3.3 If Dealer has made an Offer other than via the Website to Customer, then it concerns each time a non-binding revocable Offer, which has a validity period of 14 days starting on the day after Dealer has made an Offer to Customer.
3.4 The content of the Website has been composed with the greatest possible care. Dealer can however not warrant that all information on the Website is at all times correct and complete. All prices and other information on the Website and in other materials originating from Dealer, his suppliers or cooperating partners are therefore under the precondition of programming and typing errors.
3.5 The prices stated on the Website, are under the precondition of errors and changes. A price is only binding for both parties after the Agreement has been concluded in accordance with article 4.
3.6 Dealer cannot be held responsible for (colour) deviations as a consequence of computer screen quality.
Article 4 Conclusion Agreement via Website
4.1 It is in principle not possible to conclude an agreement (from a distance) directly via the Website, otherwise than an Agreement to Reservation (down payment).
4.2 The Agreement is concluded on the moment of the written or verbal acceptation by the Customer of the Offer of Dealer and the compliance with the terms and conditions set thereby by Dealer. However, not sooner than the Dealer has confirmed the acceptation of this Offer.
4.3 If Customer has accepted the Offer electronically, then Dealer confirms, without delay, the receipt of the acceptation of the Offer electronically. As long as the receipt of this acceptation has not been confirmed, Customer has the possibility to dissolve the Agreement.
4.4 If it shows, that at the acceptation or in another manner of conclusion of the Agreement by Customer incorrect data have been provided, then Dealer has the right to only comply with his obligation, after the correct data have been received.
4.5 Dealer can inform himself within lawful boundaries whether Customer can comply with his payment obligations, but also about all facts and factors that are of importance for a responsible conclusion of the Agreement. If Dealer on the basis of this investigation has good grounds not to conclude the Agreement, then he is authorised to refuse with motivation an order or application, or to connect special terms and conditions to the execution, such as advance payment.
4.6 Dealer has the right to refuse applications, Reservations etc. of Customers that do not act in the execution of their profession and enterprise.
4.7 If Customer and Dealer reach agreement over the purchase of a Vehicle, then this takes place under terms and conditions which Dealer applies for the ultimate purchase of a Vehicle.
Article 5 Reservation
5.1 Customer has the possibility to place a Reservation. For this, he goes through an online ordering process.
5.2 In the previous, there is an instance of an Agreement which is concluded electronically, in accordance with article 4.4.
5.3 Dealer shall offer the Vehicle, in case of a Reservation, not to other Customers.
5.4 A Reservation applies as a binding Agreement. Customer is obliged to pay the agreed amount, in accordance with these General Terms and Conditions.
5.5 Customers must within 14 calendar days, starting on the day after (down) payment, view the Vehicles in order to conclude the purchase agreement. If Customer omits this, then the Vehicle shall not be available anymore to Customer, and the Vehicle shall again be offered to other Customers.
5.6 Customers can within 3 calendar days, starting on the day after down payment, ask for this payment to be returned. The Agreement will in that case be dissolved and the Reservation will be forfeit.
5.7 Dealer shall in the previous case within 7 calendar days after the request to refunding, pay back the down payment.
5.8 User has after 3 calendar days, starting on the day after (down) payment, no right anymore to refunding of the down payment, otherwise than via a set-off with the purchase price upon purchase of the Vehicle.
5.9 If Customer views the Vehicle on location within the term stipulated in 5.5, and indicates within the set term not to want to proceed to purchase of the Vehicle, then article 5.6 and 5.7 are applicable accordingly and the Reservation will be forfeit and Dealer shall repay the amount of the reservation.
Article 6 Payment
6.1 Customer must make payments to Dealer according to the agreed payment methods. Dealer is free in the choice of the offering of payment methods and can change these also from time to time. In case of payment for a concluded Agreement, Customer has a payment term of 3 days starting on the day after the conclusion of the Agreement.
6.2 Customer is, in case of non-timely payment, without that therefore a notification of default is required, direct in default. Customer is, in addition to the due amount and the interest appeared thereon, obliged to a full compensation of both out-of-court and in-court collection costs, including the costs for lawyers, bailiffs and collection agencies. In addition, Dealer has also the right to suspend the execution of the Agreement or any not yet executed part.
Article 7 Complaints procedure
7.1 If Customer has a complaint over the provision of services of Dealer, then he can submit a complaint to Dealer by phone, e-mail or post. See the contact data below the General Terms and Conditions.
7.2 Dealer gives Customer as soon as possible, but in each case within 7 days after receipt of the complaint, a reaction to his complaint. If it is not yet possible to give a content-related or definitive reaction, then Dealer shall within 7 days after the receipt of the complaint, confirm the receipt and give an indication of the term within which he expects to give a content-related or definitive reaction to the complaint of Customer.
Article 8 Liability
8.1 The total liability of Dealer towards Customer because of imputable shortcoming in the compliance with the Agreement is limited to compensation of a maximum of the amount of the price (exclusive of VAT) stipulated for that Agreement.
8.2 Liability of Dealer towards Customer for indirect damage, including in any case – but explicitly not solely – consequential damage, missed profit, missed savings, loss of data and damage by enterprise stagnation, is excluded.
8.3 Outside the instances mentioned in the previous two sections of this Article, shall rest on Dealer towards Customer no liability whatsoever for compensation of damages, irrespective of the ground on which an action to compensation of damages would be based. The limitations mentioned in this Article shall however be forfeit, if and insofar damage is the consequence of wilful intent or conscious recklessness of Dealer.
8.4 The liability of Dealer towards Customer because of imputable shortcoming in the compliance with an Agreement, emerges only if Customer declares Dealer in default without delay and properly in writing, thereby setting a reasonable term for the amendment of the shortcoming, and Dealer also after that term continues to come short in the compliance with his obligations. The notification of default must contain a description as detailed as possible of the shortcoming, so that Dealer is able to respond adequately.
8.5 Precondition for the emergence of any right to compensation of damages is each time that the Customer reports the damage as soon as possible, but no later than within 30 days, after the emergence thereof in writing, to Dealer.
8.6 Customer safeguards Dealer with regard to all claims or rights of third parties that are related to the delivery of (and the use of) the Vehicles or the execution of services.
8.7 In case of Force Majeure, Dealer is not required to compensation of any damage emerged because of it for Customer and is not required to comply with whichever Agreement.
Article 9 Personal data
9.1 Dealer processes the personal data of Customer in accordance with the privacy statement published on the Website.
Article 10 Final stipulations
10.1 The Laws of the Netherlands are applicable to the Agreement.
10.2 Insofar by rules of mandatory law, it is not prescribed otherwise, then all disputes that might emerge further to the Agreement, shall be submitted to the competent court in the Netherlands, in the court district where Dealer has his seat of business.
10.3 If a stipulation in these General Terms and Conditions proves to be invalid, then this does not affect the validity of the entire General Terms and Conditions. Parties shall in that case establish for the replacement (a) new stipulations(s), with which as much as legally possible, expression is given to the intention of the original stipulation(s).
10.4 Under “in writing” shall be understood in these General Terms and Conditions also communication per e-mail and fax, provided that the identity of the sender and the integrity of the e-mail is sufficiently established.
10.5 In case of contradiction between translations of the text of these terms and conditions and the Netherlands’ text, each time the text set in the language of the Netherland shall prevail.
Should you, after reading these General Terms and Conditions, have questions, complaints or remarks, feel free to contact us in writing or per e-mail.
De Automakelaar Rotterdam B.V.
3011 EC Rotterdam
Tel: +31 104 131 704