Terms and Conditions
Custom Concepts BV (hereinafter referred to as: “Custom Concepts”) is registered with the Chamber of Commerce under number 85358770 and is located at Oude Baan 6, 4825 BL in Breda
Article 1 Definitions
- In these terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise:
- Offer: Any written offer to the Buyer for the delivery of Products by the Seller with which these conditions are inextricably linked.
- Company: The natural or legal person who acts in the exercise of a profession or business.
- Consumer: The natural person who does not act in the course of a profession or business.
- Buyer: The Company or the Consumer who enters into a (remote) Agreement with the Seller.
- Agreement: The (remote) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from Custom Concepts.
- Products: The Products supplied by Custom Concepts are offered are (tuning) parts for high-end cars.
- Custom Concepts: The supplier of Products to Buyer
Article 2 Applicability
- These general terms and conditions apply to every Offer of Custom Concepts and any Agreement between Custom Concepts and a Buyer and to any Product sold by Custom Concepts offered.
- Before a (remote) Agreement is concluded, the Buyer will be given these general terms and conditions. If this is not reasonably possible, Custom Concepts indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case can be found on the website of Custom Concepts have been published, so that the Buyer can easily save these general terms and conditions on a durable data carrier.
- In exceptional situations, these general terms and conditions can be deviated from if this is done explicitly and in writing Custom Concepts made an agreement.
- These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and / or purchasing conditions of the Buyer are expressly rejected.
- If one or more provisions of these general terms and conditions are partially or completely void or are canceled, the other provisions of these general terms and conditions will remain in force and the invalid / voided provision (s) will be replaced by a provision with the same purport as the original provision .
- Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.
- If in these general terms and conditions reference is made to she / her, this should also be understood as a reference to he / him / his, if and insofar as applicable.
- The general terms and conditions of the Buyer, being a company, never apply and are rejected.
Article 3 The Offer
- All through Custom Concepts offers made are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. There is only question of an Offer if it has been laid down in writing.
- It through Custom Concepts Offer made is without obligation. Custom Concepts is only bound by the Offer if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or if the Buyer has already paid the amount due. Nevertheless has Custom Concepts the right to enter into an Agreement with a potential Buyer Custom Concepts justifiable reason to refuse.
- The Offer contains an accurate description of the Product offered with associated prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer can Custom Concepts not bind. Any images and specific information in the Offer are only an indication and cannot be grounds for any compensation or dissolution of the Agreement (at a distance). Custom Concepts cannot guarantee that the colors in the image exactly match the real colors of the Product.
- Delivery Times and Terms stated in the Offer Custom Concepts are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
- Composite quote required Custom Concepts not to deliver part of the goods included in the offer or Offer at part of the stated price.
- If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last and according to the is-on-on principle.
Article 4 Establishment of the Agreement
- The Agreement is concluded at the moment that the Buyer receives an Offer from Custom Concepts has accepted by confirming the Offer or paying for the relevant Product.
- If the Buyer has accepted the Offer by entering into an Agreement with Custom Concepts, shall Custom Concepts confirm the Agreement with the Buyer in writing, at least by e-mail.
- If the acceptance deviates (on minor points) from the Offer Custom Concepts not bound by it.
- Custom Concepts is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
- The right of withdrawal is excluded for the Buyer being a Company. The Buyer being a Consumer has the right to assert its right of withdrawal within the statutory period. If withdrawal applies, the Buyer will handle the Product and packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. The direct costs for returning the Product are for the account of the Buyer.
- The right of withdrawal is excluded for the Buyer being a Consumer if there is a purchase of a second-hand product.
- Products that cannot be taken back due to customization are excluded from the right of withdrawal. This is expressly stated in the Offer.
Article 5 Performance of the Agreement
- Custom Concepts will perform the Agreement to the best of its knowledge and ability.
- If and insofar as the proper execution of the Agreement requires this, has Custom Concepts the right to have certain work performed by third parties at its own discretion.
- Buyer ensures that all data, of which Custom Concepts indicates that they are necessary or of which the Buyer should reasonably understand that they are necessary for the performance of the Agreement, to Custom Concepts are provided. If the information required for the implementation of the Agreement is not provided in time Custom Concepts have been provided Custom Concepts the right to suspend the performance of the Agreement.
- In the performance of the Agreement Custom Concepts not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for Custom Concepts, the Buyer is obliged to reimburse the additional or additional costs accordingly.
- Custom Concepts may require security from the Buyer or full advance payment before proceeding with the performance of the Agreement.
- Custom Concepts is not liable for damage, of any nature whatsoever, caused by Custom Concepts is based on incorrect and/or incomplete information provided by the Buyer, unless this inaccuracy or incompleteness is Custom Concepts was known.
- Buyer indemnifies Custom Concepts for any claims from third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.
Article 6 Delivery
- The place of delivery is the address given by the Buyer Custom Concepts has made known.
- If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it on time, does not cooperate sufficiently, the (down) payment has not been received on time by Custom Concepts or by other circumstances beyond its control Custom Concepts any delay occurs Custom Concepts right to a reasonable extension of the delivery/completion period. All agreed delivery/completion periods are never strict deadlines. Buyer serves Custom Concepts give written notice of default and allow it a reasonable term to still be able to deliver. The buyer is not entitled to any compensation due to the resulting delay.
- The buyer is obliged to purchase the goods when they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
- If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery Custom Concepts entitled to store the goods at the expense and risk of the Buyer.
- If the Products are delivered by Custom Concepts or an external carrier Custom Concepts, unless agreed otherwise in writing, is entitled to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
- India Custom Concepts requires information from the Buyer in the context of the implementation of the Agreement, the delivery time only starts after the Buyer has received all information necessary for the implementation Custom Concepts has made available.
- India Custom Concepts has specified a term for delivery, this is indicative. Longer delivery times apply for deliveries outside the Netherlands.
- Custom Concepts is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. Custom Concepts is entitled to invoice the delivered goods separately.
- Deliveries are only made if all invoices have been paid, unless expressly agreed otherwise. Custom Concepts reserves the right to refuse delivery if there is a well-founded fear of non-payment.
Article 7 Packaging and transport
- Custom Concepts undertakes towards the Buyer to pack the goods to be delivered properly and to secure them in such a way that they reach their destination in good condition under normal use.
- Unless otherwise agreed in writing, all deliveries are made including turnover tax (VAT), including packaging and packaging material.
- Accepting goods without comments or comments on the consignment note or receipt is proof that the packaging was in good condition at the time of delivery. If the Buyer is of the opinion that the packaging was not in good condition at the time of delivery, he must demonstrate this by means of image and / or video material of the packaging.
Article 8 Investigation, complaints
- The buyer is obliged to examine the goods delivered or have them inspected at the time of delivery, but in any case within 14 days after receipt of the goods delivered, but only to unpack or use them insofar as this is necessary to can assess whether it retains the Product. In doing so, the Buyer should investigate whether the quality and quantity of the delivered goods corresponds with the Agreement and the Products meet the requirements that apply to them in normal (commercial) traffic.
- The Buyer is obliged to investigate and inform himself how the Product should be used and, in the case of personal use, to test the Product in accordance with the instructions for use. Custom Concepts assumes no liability for Buyer's misuse of the Product.
- Any visible defects or shortcomings must be reported in writing after delivery Custom Concepts to be reported to firstname.lastname@example.org. The Buyer being a Consumer has a period of 14 days after delivery for this. Non-visible defects or shortages must be reported within 14 days after discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer, the Buyer will be liable for any reduction in value of the Product.
- If a complaint is lodged in a timely manner pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only be done with the prior written consent of Custom Concepts in the manner as by Custom Concepts indicated.
- If the Consumer uses his right of withdrawal, he will return the Product and all accessories, insofar as reasonably possible, in the original condition and packaging to Custom Concepts, in accordance with the return instructions of Custom Concepts. The direct costs for return shipments are for the account and risk of the Buyer.
- Custom Concepts is entitled to start an investigation into the authenticity and condition of the returned Products before reimbursement will take place.
- Refunds to the Buyer will be processed as soon as possible, but payment can take up to 30 days after receipt of the return shipment. Repayment will be made to the previously stated account number.
- If the Buyer exercises its advertising right, it has no right to suspend its payment obligation or to settle outstanding invoices.
- In the absence of a complete delivery, and/or if one or more Products are missing, and this to Custom Concepts is due, will Custom Concepts upon request from the Buyer, send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is leading here. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from Custom Concepts.
Article 9 Prices
- During the period of validity of the Offer, the prices of the Products offered will not be increased, unless there are changes in VAT rates.
- The prices stated in the Offer include VAT, unless explicitly stated otherwise.
- The prices as stated in the Offer are based on the cost factors applicable at the time of entering into the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
- In the case of Products or raw materials for which there are price fluctuations on the financial market and on which Custom Concepts can have no influence Custom Concepts offer these Products with variable prices. The Offer states that the prices are target prices and may fluctuate.
Article 10 Payment and collection policy
- Payment should preferably be made in advance in the currency in which it was invoiced using the method indicated.
- The buyer cannot derive any rights or expectations from a pre-issued budget, unless the parties have expressly agreed otherwise.
- The buyer must make a lump sum payment to the account number and details of which have been made known to it Custom Concepts. The parties can only do so after explicit and written permission from Custom Concepts agree on a different payment term.
- If a periodic payment obligation of the Buyer has been agreed, Custom Concepts entitled to adjust the applicable prices and rates in writing with due observance of a period of 3 months.
- In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of Custom Concepts immediately due and payable to the Buyer.
- Custom Concepts has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest that has accrued and finally to reduce the principal sum and the accrued interest. Custom Concepts may, without being in default, refuse an offer of payment if the Buyer designates a different order for the allocation. Custom Concepts may refuse full repayment of the principal sum, if the accrued and accrued interest as well as the costs are not also paid.
- If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the stipulated payment period of 14 days, the Buyer being a Company is in default. The Buyer being a Consumer will first receive a written reminder with a period of 14 days after the date of the reminder to still fulfill the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that period, before they is in default.
- From the date that the Buyer is in default, Custom Concepts claim, without further notice of default, the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
- India Custom Concepts has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also for the account of the Buyer.
Article 11 Retention of title
- All through Custom Concepts delivered goods remain the property of Custom Concepts until the Buyer has fulfilled all subsequent obligations from all with Custom Concepts concluded Agreements have been fulfilled.
- The buyer is not authorized to pledge the goods falling under the retention of title or to encumber them in any other way if the ownership has not yet been fully transferred.
- If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Buyer is obliged Custom Concepts as soon as can reasonably be expected.
- In case that Custom Concepts wishes to exercise its property rights referred to in this article, the Buyer already now gives unconditional and irrevocable consent and authorization Custom Concepts or third parties to be designated by it to enter all those places where the property belongs to Custom Concepts are located and to take those things back with them.
- Custom Concepts has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or issue Custom Concepts. After the Buyer has fulfilled its obligations as yet Custom Concepts make every effort to deliver the purchased Products to the Buyer as soon as possible, but no later than 20 working days.
- Costs and other (consequential) damage as a result of retaining the purchased Products are for the account and risk of the Buyer and will be paid to the Buyer upon first request. Custom Concepts be reimbursed by Buyer.
Article 12 Guarantee
- Custom Concepts guarantees that the Products comply with the Agreement, the specifications, usability and/or soundness stated in the offer and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified the Seller of this use in writing at the time of entering into the Agreement. If applicable, the Products will be delivered with the warranty provisions of the manufacturer of the relevant product.
- If the Products have not been used or mounted in accordance with the applicable instructions or instructions or have been used in a non-compliant manner, any right to warranty lapses.
- If the Buyer makes a successful appeal to the warranty, the warranty only relates to the part itself. Transport costs and other costs are not covered by the warranty and must be paid by the Buyer himself.
- If there is any ambiguity with regard to the circumstances of the damage or defect and/or the cause thereof, is Custom Concepts entitled to engage an independent third party to conduct an investigation. Custom Concepts is entitled to recover costs from the Buyer as a result.
Article 13 Suspension and termination
- Custom Concepts is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Buyer does not or not fully comply with the (payment) obligations under the Agreement.
- Moreover Custom Concepts authorized to dissolve the existing Agreement between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not timely or properly fulfill its obligations arising from any Custom Concepts concluded Agreement.
- Furthermore Custom Concepts authorized to dissolve the Agreement without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness or if other circumstances arise of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
- If the Agreement is dissolved, the claims of Custom Concepts immediately due and payable to the Buyer. When Custom Concepts suspends the fulfillment of the obligations she her claims under the law and the Agreement.
- Custom Concepts always reserves the right to claim compensation.
Article 14 Limitation of Liability
- If the performance of the Agreement by Custom Concepts leads to liability Custom Concepts towards the Buyer or third parties, such liability is limited to the liability in connection with the Agreement Custom Concepts charged costs unless the damage has arisen due to intent or gross negligence. The liability of Custom Concepts is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.
- Custom Concepts is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products is excluded. A restriction applies to the Consumer in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
- Custom Concepts is not liable for and/or obliged to repair damage caused by the use of the Product. Custom Concepts provides strict maintenance and usage instructions as well as assembly instructions from the manufacturer that must be observed by the Buyer. All damage to Products as a result of use is expressly excluded from liability (including traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
- Custom Concepts is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
- Custom Concepts is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason.
- Custom Concepts does not guarantee a correct and complete transfer of the content of and by/on behalf of Custom Concepts sent e-mail, nor for its timely receipt.
- All claims of the Buyer due to shortcomings on the part of Custom Concepts expire if they have not been reported in writing and with reasons Custom Concepts within one year after the Buyer became aware or could reasonably have become aware of the facts on which it bases its claims. All claims of the Buyer expire in any case one year after the termination of the Agreement.
Article 15 Force majeure
- Custom Concepts is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be obliged to comply with any obligation if it is prevented from doing so as a result of a circumstance that cannot be attributed to it. fault and neither under the law, legal act or generally accepted views.
- Force majeure is in any case understood, but is not limited to what is understood in this regard by law and jurisprudence, (i) force majeure of suppliers of Custom Concepts, (ii) the failure to properly fulfill obligations of suppliers that are owed by Buyer to Custom Concepts are prescribed or recommended, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cyber crime and hacking) , (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of Custom Concepts and (xi) pandemic (xii) other situations in the opinion of Custom Concepts outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
- Custom Concepts has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Custom Concepts should have fulfilled its commitment.
- Parties can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without obligation to pay compensation to the other party.
- As far as Custom Concepts at the time of the commencement of force majeure has already partially fulfilled or will be able to fulfill its obligations under the Agreement, and the fulfilled or to be fulfilled part has independent value, Custom Concepts entitled to separately invoice the already fulfilled or to be fulfilled part. The Buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 16 Transfer of risk
- The risk of loss of or damage to the Products that are the subject of the Agreement passes to the Buyer, being a company, at the moment the goods leave the warehouse of Custom Concepts to leave. For Consumers, the aforementioned risk passes to the Buyer if the Products have been provided under the Buyer's control. This is the case if the Products have been delivered to the Buyer's delivery address.
- In case of dropshipping, the Product is provided to the Buyer directly from the manufacturer. In the event of dropshipping, the risk of loss or damage to the Products that are the subject of the Agreement will pass to the Buyer as a company when the goods leave the manufacturer's warehouse / factory. For Consumers, the aforementioned risk passes to the Buyer if the Products have been provided under the control of the Buyer. This is the case if the Products have been delivered to the delivery address of the Buyer.
Article 17 Privacy, data processing and security
- Custom Concepts handles the personal data of the Buyer and visitors to the website(s) with care. If requested will Custom Concepts inform the person concerned about this.
- India Custom Concepts must provide information security under the Agreement, this security will meet the agreed specifications and a security level that is not unreasonable in view of the state of the art, the sensitivity of the data and the associated costs.
Article 18 Complaints
- If Buyer is not satisfied with the Products of Custom Concepts and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. Complaints can be reported via email@example.com with the subject “Complaint”. Customers must be submitted in writing or via email to Custom Concepts.
- The complaint must be sufficiently substantiated and/or explained by the Buyer Custom Concepts to handle the complaint. The complaint is sufficiently substantiated if:
- The buyer indicates in as much detail as possible what the facts are;
- Date and time when the cause of the complaint took place;
- Any actions that have taken place as a result of which the complaint has arisen;
- Which mechanic or garage has identified the problem (if applicable).
- Custom Concepts will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
- Parties will try to find a solution together.
Article 19 Applicable law
- On any Agreement between Custom Concepts and the Buyer is subject to Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
- In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Custom Concepts has the right to unilaterally change these general terms and conditions.
- All disputes arising from or as a result of the Agreement between Custom Concepts and the Buyer will be settled by the competent Court of Zeeland-West-Brabant, Breda location, unless provisions of mandatory law lead to the jurisdiction of another court.