Terms and Condition Adaptive Automotive B.V.
Table of contents:
- Article 1 - Definitions
- Article 2 - Identity of Adaptive Automotive
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The agreement
- Article 6 - Right of withdrawal
- Article 7 - Costs in case of withdrawal
- Article 8 - Exclusion of right of withdrawal
- Article 9 - The price
- Article 10 - Compliance and warranty
- Article 11 - Delivery and implementation
- Article 12 - Payment
- Article 13 - Complaints procedure
- Article 14 - Disputes
Article 1 - Definitions
In these conditions the following terms have the following meanings:
- Grace period: The period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with Adaptive Automotive;
- Day: calendar day;
- Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
- Durable medium: any means that the consumer or business that enables information to him personally, store in a way that future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Model form: the withdrawal model form that Adaptive Automotive provides that a consumer can fill in when he wants to exercise his right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
- Distance agreement: an agreement whereby, within the framework of a system for the distance selling of products and / or services organized by Adaptive Automotive, up to and including the conclusion of the agreement, use is exclusively made of one or more techniques for distance communication;
- Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together in the same space at the same time.
- General Terms and Conditions: the present General Terms and Conditions of Adaptive Automotive.
Article 2 - Identity of Adaptive Automotive
Adaptive Automotive B.V.
Other trade names: Armytrix Europe, Armaspeed Europe, PSM Dynamic Europe, MV Forged Europe, DarwinPRO Europe.
Address: Parijsboulevard 205, 6135 LJ Sittard. The Netherlands
Phone: +31 (0) 46 202 11 31 (monday - friday 09.00 til 17.00)
Email Address: firstname.lastname@example.org
Chamber of commerce: 62709062
VAT ID: NL854927281B01
Article 3 - Applicability
- These general terms and conditions apply to every offer from Adaptive Automotive and to every distance contract and orders between entrepreneur and consumer.
- 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 viewed at Adaptive Automotive and they will be sent free of charge 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 easily stored 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 electronically or otherwise at the request of the consumer.
- 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 general terms and conditions.
- If one or more provisions in these general terms and conditions are at any time wholly or partially void or are nullified, the agreement and these terms and conditions will remain in effect and the provision in question will immediately be replaced by a provision that, in consultation, from the original as close as possible.
- Situations not covered by these terms and conditions should be assessed "in the spirit" of these terms and conditions.
- Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these terms and conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. Adaptive Automotive is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Adaptive Automotive uses images, they are a true representation of the products and / or services offered. Apparent mistakes or obvious errors in the offer do not bind Adaptive Automotive.
- All images, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
- Pictures with products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and implementation of the agreement;
- the period for accepting the offer, or the period within which Adaptive Automotive guarantees the price;
- the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the contract is filed after conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and repair it if desired;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which Adaptive Automotive is subject and the way in which the consumer can consult these codes of conduct electronically;
- the minimum duration of the distance contract in the event of an extended transaction.
- Available sizes, colors, type of materials, finish, etc.
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, Adaptive Automotive will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Adaptive Automotive, the consumer can terminate the agreement.
- If the agreement is concluded electronically, Adaptive Automotive 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, Adaptive Automotive will take appropriate security measures.
- Adaptive Automotive can - within legal frameworks - inform itself 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, Adaptive Automotive has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
- Adaptive Automotive will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the Adaptive Automotive branch where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the information included in article 4 paragraph 3 of these conditions, unless Adaptive Automotive has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
Article 6 - Right of withdrawal
On delivery of products:
- When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 14 days. This cooling-off period commences on the day after receipt of the product by the consumer.
- During the reflection period, the consumer will handle the product and 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 makes use of his right of withdrawal, he will return the product with all accessories supplied, in the original condition & packaging AND unassembled to Adaptive Automotive, in accordance with the reasonable and clear instructions provided by Adaptive Automotive.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to notify Adaptive Automotive of this within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has made known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
- If the customer has not made known that he wishes to make use of his right of withdrawal, respectively, after the periods referred to in paragraphs 2 and 3 have expired. the product has not been returned to Adaptive Automotive, the purchase is a fact.
When providing services:
- When providing services, the consumer has the option to dissolve the contract without giving any reason for at least 14 days, starting on the day of entering into the contract.
- To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by Adaptive Automotive with the offer and / or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
- If the consumer has paid an amount, Adaptive Automotive will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by Adaptive Automotive. Refund will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method or this payment method is not possible.
- If the product is damaged due to careless handling by the consumer, the consumer is liable for any diminished value of the product. This also applies to products that have been installed.
Article 8 - Exclusion of right of withdrawal
- Adaptive Automotive can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Adaptive Automotive has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Uitsluiting van het herroepingsrecht is slechts mogelijk voor producten:
- that have been created by Adaptive Automotive in accordance with the specifications of the consumer;
- which are clearly of a personal nature;
- that cannot be returned due to their nature, such as on bespoke or custom products.
Article 9 - 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.
- Contrary to the previous paragraph, Adaptive Automotive can offer products or services whose prices are subject to fluctuations in the financial market and on which Adaptive Automotive has no influence, with variable prices. This link to fluctuations and the fact that any stated prices 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 Adaptive Automotive has stipulated this and:
- these are the result of statutory regulations or provisions;
- whether the consumer has the authority to cancel the contract with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Adaptive Automotive is not obliged to deliver the product at the incorrect price.
Article 10 - Compliance and warranty
- Adaptive Automotive 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, Adaptive Automotive also guarantees that the product is suitable for other than normal use.
- A warranty provided by Adaptive Automotive, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Adaptive Automotive under the agreement.
- Any defects or incorrectly delivered products must be reported in writing to Adaptive Automotive within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
- The warranty period of Adaptive Automotive corresponds to the factory warranty period. However, Adaptive Automotive 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.
- The warranty does not apply if:
- The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;
- The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or in violation of the instructions of Adaptive Automotive and / or have been treated on the packaging;
- The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
Article 11 - Delivery and implementation
- Adaptive Automotive will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to Adaptive Automotive.
- With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, Adaptive Automotive will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, Adaptive Automotive will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of Adaptive Automotive.
- Unless expressly agreed otherwise, the risk of damage and / or loss of products rests with Adaptive Automotive until delivery to the consumer or a pre-designated representative announced to Adaptive Automotive.
Article 12 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after placing the order.
- The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to Adaptive Automotive.
- All orders must be fulfilled before the products will be shipped. This can be done via Klarna (pay afterwards).
Article 13 - Complaints procedure
- Adaptive Automotive has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be fully and clearly described and submitted to Adaptive Automotive within 7 days, after the consumer has discovered the defects.
- Complaints submitted to Adaptive Automotive will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Adaptive Automotive replies within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
- A complaint does not suspend Adaptive Automotive's obligations, unless Adaptive Automotive indicates otherwise in writing.
- If a complaint is found to be well-founded by Adaptive Automotive, Adaptive Automotive will, at its option, replace or repair the delivered products free of charge.
Article 14 - Disputes
- Only Dutch law applies to agreements between Adaptive Automotive and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.