General terms and conditions

Article 1: Definitions

  1. Autobedrijf Hooijmans BV / Unimogspecialist, located in Velddriel, Chamber of Commerce number 85984531, is referred to in these terms and conditions as the seller.
  2. The other party of the seller is referred to in these terms and conditions as the buyer.
  3. The parties are the seller and the buyer together.
  4. The agreement refers to the purchase agreement between the parties.

Article 2: Applicability of Terms and Conditions

  1. These terms and conditions apply to all offers, quotations, agreements, and deliveries of services or goods by or on behalf of the seller.
  2. Deviations from these terms and conditions are only valid if explicitly and in writing agreed upon by the parties.

Article 3: Payment

  1. The full purchase price is always paid immediately in the webshop. In some cases, a deposit may be required for reservations. In such cases, the buyer will receive proof of the reservation and the advance payment.
  2. If the buyer does not pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend their obligations until the buyer has fulfilled their payment obligations.
  3. If the buyer remains in default, the seller will proceed with collection. The costs associated with this collection are borne by the buyer. These collection costs are calculated in accordance with the Dutch Decree on Compensation for Extrajudicial Collection Costs.
  4. In the event of liquidation, bankruptcy, attachment, or suspension of payments of the buyer, the seller's claims against the buyer are immediately due and payable.
  5. If the buyer refuses to cooperate in the execution of the seller’s assignment, they are still obligated to pay the agreed price to the seller.
  6. Parts will only be shipped after payment unless explicitly agreed otherwise. Until then, the parts are reserved for the buyer for a maximum period of 14 days.

Article 4: Offers, Quotations, and Pricing

  1. Offers are non-binding unless a term for acceptance is explicitly stated in the offer. If the offer is not accepted within that term, the offer lapses.
  2. Delivery times in quotations are indicative and do not entitle the buyer to termination or compensation if exceeded, unless explicitly agreed otherwise in writing by the parties.
  3. Offers and quotations do not automatically apply to repeat orders. This must be explicitly and in writing agreed upon by the parties.
  4. The price stated in offers, quotations, and invoices consists of the purchase price excluding VAT and any other government levies.

Article 5: Right of Withdrawal

  1. The consumer has the right to terminate the agreement without giving reasons within 14 days after receiving the order (right of withdrawal). The term starts from the moment the consumer receives the (entire) order.
  2. There is no right of withdrawal if the products have been modified at the buyer's request.
  3. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the unused and undamaged product with all supplied accessories and, if reasonably possible, in the original shipping packaging at the buyer’s expense to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. Incorrect assembly of parts can lead to damage that cannot be verified by Unimogspecialist after return shipment; therefore, such parts are excluded from return.
  5. A 10% administrative fee applies to returns, calculated on the total order amount with a minimum of €7.00 including VAT. These costs are borne by the buyer.
  6. Specially ordered and electronic parts cannot be returned.
  7. Unimogspecialist will refund the total order amount minus administrative costs as soon as possible, but no later than 30 days after the return or withdrawal, to the buyer’s account.

Article 6: Delivery and Order

  1. The delivery address is the address provided by the buyer to Unimogspecialist (no PO boxes).
  2. If delivery of an ordered part proves impossible, Unimogspecialist will refund the amount already paid by the buyer as soon as possible, but no later than 30 days.
  3. The ordered parts will be shipped by the seller within 5 working days after receiving payment.
  4. The shipping costs are borne by the buyer. These costs are calculated based on weight and destination.
  5. Delivery takes place ‘ex-warehouse.’ This means all costs are borne by the buyer.
  6. The buyer is obliged to accept the goods at the time the seller delivers them or has them delivered or at the moment the goods are made available to the buyer according to the agreement.
  7. If the buyer refuses acceptance or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the goods at the buyer’s expense and risk.
  8. If the goods are delivered, the seller is entitled to charge delivery costs.
  9. If the seller requires information from the buyer for the execution of the agreement, the delivery period commences after the buyer has provided the seller with this information.
  10. A delivery period stated by the seller is indicative. It is never a fatal deadline. If the term is exceeded, the buyer must give the seller written notice of default.
  11. The seller is entitled to deliver the goods in parts unless the parties have agreed otherwise in writing or the partial delivery has no independent value. The seller is entitled to invoice these partial deliveries separately.

Article 7: Amendment of the Agreement

  1. If during the execution of the agreement it appears that changes or additions to the work to be carried out are necessary, the parties will amend the agreement accordingly in a timely manner and in mutual consultation.

Article 8: Transfer of Risk

  1. Once the purchased goods have been received by the buyer, the risk transfers from the seller to the buyer.

Article 9: Inspection and Complaints

  1. The buyer is required to inspect the delivered goods at the time of delivery, or as soon as possible thereafter, to determine whether the quality and quantity correspond to the agreement and meet the standards generally accepted in trade.
  2. Complaints regarding damages, shortages, or loss of delivered goods must be submitted in writing to the seller within 5 working days after the day of delivery.
  3. If a complaint is justified within the specified period, the seller has the right to repair, replace, or cancel delivery and issue a credit note for the relevant part of the purchase price.
  4. Minor deviations customary in the industry and differences in quality, quantity, size, or finish cannot be grounds for claims against the seller.
  5. Complaints about a specific product do not affect other products or components of the same agreement.
  6. No complaints will be accepted after the goods have been processed by the buyer.

Article 10: Force Majeure

  1. If the seller is unable to fulfill their obligations under the agreement due to force majeure, they are not liable for damages suffered by the buyer.
  2. Force majeure includes circumstances that the seller could not reasonably foresee at the time of the agreement and that make the normal fulfillment of the agreement unreasonable, such as illness, war, natural disasters, strikes, or government regulations.
  3. If a case of force majeure lasts longer than 30 calendar days, both parties have the right to dissolve the agreement in writing.
  4. If the force majeure lasts longer than 3 months, the buyer has the right to terminate the agreement with immediate effect. Termination must be done via registered mail.

Article 11: Transfer of Rights

  1. Rights arising from this agreement cannot be transferred by one party without the prior written consent of the other party.

Article 12: Retention of Title and Right of Retention

  1. Goods delivered by the seller remain the property of the seller until the buyer has paid the full agreed price.
  2. If advance payments are not made on time, the seller has the right to withhold goods until the agreed amount is paid.
  3. The seller is not entitled to pledge goods under retention of title or encumber them in any other way.
  4. If goods have not yet been delivered, the seller has the right to retain them until full payment is received.
  5. In the event of liquidation, insolvency, or suspension of payment by the buyer, the buyer's obligations are immediately due and payable.

Article 13: Governing Law and Disputes

  1. All agreements between the buyer and Unimogspecialist are governed by Dutch law.

Article 14: Privacy

  1. This website, including its design, layout, and content, is protected by copyright. Nothing on this website may be used without the explicit consent of Unimogspecialist for other websites or purposes.
  2. The consumer consents to the registration and use of their personal data by Unimogspecialist, in accordance with the Dutch Personal Data Registration Act. Unimogspecialist uses your data for internal purposes and does not share personal data with third parties.

COMPANY INFORMATION:

Autobedrijf Hooijmans B.V. / Unimogspecialist

Chamber of Commerce: 85984531
VAT Number: NL863818365B01

Rabobank Bommelerwaard
IBAN: NL74RABO0153408200

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