TERMS AND CONDITIONS
ARTICLE 1 APPLICABILITY
1.1 The following terms and conditions form part of all legal relationships in which we are a party, in particular but not limited to agreements for the sale and/or delivery of used, reconditioned, and new vehicle parts, as well as agreements for the sale and/or delivery of used vehicles, with or without damage, and/or the performance of such agreements.
1.2 Deviations from and/or additions to these general terms and conditions are binding on us only insofar as we have expressly and in writing confirmed their validity. If the buyer refers to their own terms and conditions, only these terms and conditions shall apply, unless expressly agreed otherwise.
1.3 Our representatives may not deviate from these terms and conditions except by express written authorization, granted separately for each individual agreement.
1.4 If the buyer is a legal entity, a partnership, or a limited partnership, the person acting on its behalf shall be deemed personally jointly and severally liable, unless we expressly agree otherwise in writing.
ARTICLE 2 PRICES
2.1 Unless otherwise stated, all prices for used parts and used vehicles are exclusive of any deduction or discount and inclusive of VAT, whether calculated under the VAT margin scheme of the dismantling company or not. Unless otherwise stated, all prices for reconditioned and new parts are exclusive of any deduction or discount and exclusive of VAT.
2.2 Prices are calculated for delivery ex works, unless expressly stated otherwise.
2.3 Quotations of prices, items offered for sale, and specifications contained in general offers such as catalogues, price lists, and other printed materials are without obligation. They are not binding on us, and the buyer cannot rely on them unless expressly agreed or stated otherwise.
ARTICLE 3 DELIVERY
3.1 Delivery takes place ex workshop, warehouse, or store, at our discretion. The buyer has a duty to accept the goods, unless we have no reasonable interest in doing so.
3.2 The risk of the sold goods passes at the moment Autodeleninkleur notifies the buyer that the goods are ready for delivery or that the goods have been dispatched.
3.3 The goods shall be delivered “as is”, in the condition in which they were at the time of the conclusion of the agreement.
3.4 Transportation of parts by us is entirely at the buyer’s expense and risk.
3.5 Shipping costs are always borne by the customer, including in the event of incorrectly delivered parts.
ARTICLE 4 DELIVERY PERIOD
4.1 Delivery times are determined in consultation and approximately. Delivery times shall never be regarded as a strict deadline. The delivery period begins upon verbal or written order confirmation.
4.2 If the buyer does not collect the purchased goods within four weeks after we have informed them that the goods are ready for pickup, the agreement shall be terminated automatically without judicial intervention, unless we notify the buyer in writing that we demand performance.
ARTICLE 5 PAYMENT
5.1 Unless otherwise agreed, payment shall be made in cash or by bank transfer.
5.2 For purchases on invoice, payment must be received within fourteen days after the invoice date.
5.3 If no, late, or incomplete payment has been made by the due date, the buyer shall be in default without notice of default or reminder being required, and shall owe statutory interest per month or part thereof on the outstanding amount, calculated from the due date.
ARTICLE 6 RETENTION OF TITLE
6.1 The buyer is not entitled to resell, lend, pledge, or transfer ownership of the delivered goods to third parties as long as these goods have not been paid for, except insofar as this takes place in the normal course of the buyer’s business.
6.2 The buyer bears the risk for unpaid goods with respect to all direct and indirect damage caused to them by the buyer or any third party.
ARTICLE 7 DEFECTS / COMPLAINTS
7.1 Without prejudice to the warranty provisions published by Autodeleninkleur on its website, the buyer is obliged to carefully inspect the delivered goods immediately upon receipt for visible defects. Any defects discovered must be reported to Autodeleninkleur within eight days of discovery. Defects that already existed upon delivery but could not reasonably have been discovered at that time must be reported to Autodeleninkleur within eight days of discovery.
7.2 The notice referred to in the previous paragraph must be made in writing and include a description of the identified defect, the invoice, and the invoice number, unless mandatory legal provisions prevent this. The buyer must allow Autodeleninkleur to verify the defect. Failure to comply with these reporting requirements will result in forfeiture of the right to invoke defects.
7.3 To the extent permitted by law, defects in the delivered goods do not entitle the buyer to dissolve the agreement, unless we fail, after repeated attempts, to remedy the defects in an acceptable manner.
7.4 The buyer must reimburse us for the costs of unfounded complaints.
7.5 A complaint does not entitle the buyer to suspend payment obligations.
7.6 The provisions of this article shall apply with due observance of Article 12.6 of these terms and conditions.
ARTICLE 8 FORCE MAJEURE
8.1 If we are wholly or partially unable to fulfil our obligations towards the buyer, such non-performance shall not be attributable to us if the performance of the agreement is hindered or made impossible by a – foreseeable or unforeseeable – circumstance beyond our control, including but not limited to:
– failure by suppliers or carriers;
– war, riot, or similar situations;
– sabotage, boycott, strike, or occupation;
– machine failure;
– theft from warehouses;
– business interruptions.
8.2 In the event of any situation as referred to in paragraph 1, we shall not be liable for any resulting damages to the buyer and may, at our discretion, suspend the fulfilment of our obligations or dissolve the agreement in whole or in part without judicial intervention and without being obliged to pay any compensation.
ARTICLE 9 USE OF THE GOODS
9.1 The buyer must use the delivered goods in accordance with their nature and intended purpose and in compliance with all statutory usage regulations and, where applicable, usage instructions prescribed by us.
9.2 If the buyer uses the delivered goods contrary to paragraph 1 and holds us liable for damages related to the use of the delivered goods, the buyer must prove that the damage resulted from a defect in the goods delivered by us and not from improper use.
9.3 Without prejudice to Article 10 and paragraph 2 of this article, we shall never be liable for personal injury if the buyer has acted contrary to paragraph 1. The buyer must indemnify us against claims from employees or other third parties, in particular customers, who were not informed of the usage instructions resulting from paragraph 1.
ARTICLE 10 LIABILITY
10.1 For damages arising from or in connection with deliveries for which we may be held legally liable, our liability shall not exceed the invoice amount, unless mandatory legal provisions dictate otherwise.
10.2 Damages consisting of lost profits, reduced yield, or any other indirect or consequential damages, such as business interruption, damage to other vehicle parts, or compensation or fines owed by the buyer to third parties, shall in no event be eligible for compensation, unless otherwise required by mandatory law.
10.3 Under penalty of forfeiture of the right to compensation, the buyer must provide us with all cooperation necessary to investigate the cause, nature, and extent of the damage claimed.
10.4 Article 12.7 applies accordingly.
ARTICLE 11 TERMINATION
11.1 Full or partial termination of the agreement shall take place only by written declaration from one of the parties entitled thereto. Before the buyer sends a written notice of termination to us, the buyer must first place us in default in writing and grant us a reasonable period to properly fulfil our obligations.
11.2 The buyer has no right to terminate the agreement in whole or in part or to suspend obligations if they were already in default with their own obligations. For consumer buyers, this provision does not affect any statutory right of suspension.
11.3 If we agree to termination without being in default ourselves, we shall be entitled to compensation for all financial losses, including costs, lost profits, and reasonable expenses for determining damages and liability.
11.4 In the event of partial termination, the buyer cannot claim reversal of performance already rendered by us. We remain entitled to payment for performance already rendered, without prejudice to our right to undo our performance and claim compensation.
11.5 The buyer has no right to terminate the agreement after purchasing electrical parts.
11.6 When terminating an agreement, the return request form must first be approved.
ARTICLE 12 WARRANTIES
12.1 Except for electronic parts, sold and delivered used, reconditioned, and/or new vehicle parts qualify for warranty, provided they are installed by us. Sold and delivered (used) damaged vehicles and electronic parts are not covered by warranty.
12.2 The buyer can only claim warranty rights if they prove that the item was purchased from us. Proof can be provided by submitting the relevant purchase agreement and/or invoice and, if applicable, the warranty card. If the item is marked with our brand or identification, the buyer may only claim warranty if such marking remains intact.
12.3 The buyer’s warranty rights are not transferable to third parties.
12.4 We guarantee the soundness and usability of used vehicle parts delivered by us for three months after purchase and of new and reconditioned parts for six months after purchase, all under the conditions stated in this article. The buyer has the right, in case of defects within the warranty period, to return the goods for replacement or repair, at our discretion, in accordance with these terms and in particular paragraph 6 of this article. If replacement or repair is not reasonably possible, we have the right to refund the invoice amount. We may also choose to take back the vehicle and refund the purchase price. In case of defective reconditioned or new parts, we will also reimburse installation and removal costs up to a maximum of twice the invoice amount.
12.5 Goods received by the buyer after repair or replacement shall again be covered by warranty.
12.6 The buyer cannot claim warranty:
a. if incorrect or insufficient information has been provided regarding the brand or model of the purchased part and/or the vehicle for which it is intended;
b. if installation was carried out improperly;
c. if the buyer performed or had performed work on the part, such as repair, modification, or disassembly;
d. if the part was installed or used for a purpose other than intended;
e. if the part was installed in vehicles deviating from the manufacturer’s standard specifications;
f. if the part was used improperly and/or unprofessionally, or if the vehicle in which it is installed was used for purposes other than normal traffic use (speed tests, endurance trials, excessive towing, etc.);
g. if any other provision of these terms has been violated where loss of rights is stipulated.
12.7 The buyer cannot derive from a warranty any right to compensation of any kind, except insofar as we are obliged by law or applicable terms.
12.8 In individual cases, we may, by mutual agreement, deviate from the warranty conditions. We are only bound by such deviations if agreed in writing.
12.9 All bodywork parts offered online are specially painted in the customer’s chosen color.
ARTICLE 13 DISPUTES
13.1 All transactions between us and the buyer are governed exclusively by Dutch law.
13.2 The complaints procedure does not affect the buyer’s right to submit the dispute to the competent court.
Autodeleninkleur B.V.
Turbinestraat 22A
3903LW Veenendaal