Terms and Conditions
Mr A. Beenen trading name Custom Concepts is registered with the Chamber of Commerce under number 17225091 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 (distance) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from Custom Concepts.
- Products: The Products offered by Custom Concepts are (tuning) parts for high-end cars.
- Custom Concepts: The supplier of Products to the Buyer
Article 2 Applicability
- These general terms and conditions apply to every Offer of Custom Concepts and every Agreement between Custom Concepts and a Buyer and to every Product offered by Custom Concepts.
- Before an Agreement is concluded (remotely), the Buyer will have access to these general terms and conditions. If this is not reasonably possible, Custom Concepts will indicate to the Buyer how the Buyer can view the general terms and conditions, which are in any case published on the website of Custom Concepts, so that the Buyer can easily store these general terms and conditions on a durable medium.
- In exceptional situations, these general terms and conditions can be deviated from if this has been explicitly agreed in writing with Custom Concepts.
- 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 offers made by Custom Concepts are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been laid down in writing.
- The Offer made by Custom Concepts 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 because the Buyer has already paid the amount owed. Nevertheless, Custom Concepts has the right to refuse an Agreement with a prospective Buyer for a justified reason for Custom Concepts.
- The Offer contains an accurate description of the Product offered with corresponding prices. The description is so detailed that the Buyer is able to make a proper assessment of the Offer. Custom Concepts cannot bind obvious mistakes or errors in the Offer. Any images and specific information in the Offer are only an indication and cannot be grounds for any compensation or termination 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 Custom Concepts Offer are indicative and do not entitle the Buyer to termination or compensation if they are exceeded, unless expressly agreed otherwise.
- A composite quotation does not oblige Custom Concepts 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 when the Buyer has accepted an Offer from Custom Concepts by confirming the Offer or paying the relevant Product.
- If the Buyer has accepted the Offer by entering into an Agreement with Custom Concepts, Custom Concepts will confirm the Agreement with the Buyer in writing, at least by email.
- If the acceptance deviates (on minor points) from the Offer, Custom Concepts is not bound by it.
- Custom Concepts is not bound to 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 clerical 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 execute the Agreement to the best of its knowledge and ability.
- If and insofar as required for the proper execution of the Agreement, Custom Concepts has the right to have certain activities performed by third parties at its own discretion.
- The Buyer shall ensure that all data that Custom Concepts indicates is necessary or that the Buyer should reasonably understand to be necessary for the execution of the Agreement are provided to Custom Concepts in a timely manner. If the information required for the execution of the Agreement has not been provided to Custom Concepts in time, Custom Concepts has the right to suspend the execution of the Agreement.
- When executing the Agreement, Custom Concepts is not obliged or obliged to follow the Buyer's instructions if this changes the content or scope of the Agreement. If the instructions provide additional work for Custom Concepts, the Buyer is obliged to reimburse the additional or additional costs accordingly.
- Before proceeding with the execution of the Agreement, Custom Concepts may require security from the Buyer or full payment in advance.
- Custom Concepts is not liable for damage, of whatever nature, that is caused by Custom Concepts assuming incorrect and / or incomplete information provided by the Buyer, unless this incorrectness or incompleteness was known to Custom Concepts.
- The Buyer indemnifies Custom Concepts against any claims from third parties that suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.
Article 6 Delivery
- The place of delivery is the address that the Buyer has made known to Custom Concepts.
- If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not or not timely supplied all requested information, does not cooperate sufficiently, the payment or down payment has not been received in time by Custom Concepts or due to other circumstances If the power of Custom Concepts is delayed, Custom Concepts is entitled to a reasonable extension of the delivery period. All agreed delivery / completion terms are never strict deadlines. The Buyer must give Custom Concepts notice of default in writing and give it a reasonable term in order to be able to deliver or deliver. Due to the delay, the buyer is not entitled to any compensation.
- 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 that are necessary for the delivery, Custom Concepts is 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 is entitled to charge any delivery costs, unless agreed otherwise in writing. These will then be invoiced separately unless expressly agreed otherwise.
- If Custom Concepts requires information from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has made all information necessary for the implementation available to Custom Concepts.
- If Custom Concepts has specified a term for delivery, this is indicative. Longer delivery times apply to deliveries outside the Netherlands.
- Custom Concepts is entitled to deliver the goods in parts, unless this has been deviated from by Agreement or the partial delivery does not have an independent value. Custom Concepts is entitled to invoice the delivered items separately.
- Deliveries are only made if all invoices have been paid, unless explicitly agreed otherwise. Custom Concepts reserves the right to refuse delivery if there are well-founded fears of non-payment.
Article 7 Packaging and transport
- Custom Concepts undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition during 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 to inform himself how the Product should be used and for personal use, to test the Product in accordance with the instructions for use. Custom Concepts accepts no liability for incorrect use of the Product by the Buyer.
- Any visible defects or shortcomings must be reported in writing to Custom Concepts after delivery at email@example.com. The Buyer being a Consumer has a period of 14 days after delivery for this. Invisible 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 himself, the Buyer himself is liable for any depreciation of the Product.
- If a complaint is made in time pursuant to the previous paragraph, the Buyer will remain obliged to pay for the items purchased. If the Buyer wishes to return defective items, this will only be done with the prior written permission of Custom Concepts in the manner indicated by Custom Concepts.
- If the Consumer uses his right of withdrawal, she will return the Product and all accessories, insofar as this is reasonably possible, in their original condition and packaging to Custom Concepts, in accordance with Custom Concepts' return instructions. The direct costs for returns are at the expense and risk of the Buyer.
- Custom Concepts is entitled to start an investigation into the authenticity and condition of the returned Products before any refund will be made.
- 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 full delivery, and / or if one or more Products are missing, and this is due to Custom Concepts, Custom Concepts will, upon a request from the Buyer, send the missing Product (s) or cancel the remaining order. The confirmation of receipt of the Products is leading in this. Any damage suffered by the Buyer as a result of the (deviating) scope 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 commodities of which there are price fluctuations on the financial market and on which Custom Concepts has no influence, Custom Concepts can offer these Products with variable prices. The Offer states that 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 immediately make payment to the account number and details of Custom Concepts that have been made known to him. Parties can only agree on another payment term after explicit and written permission from Custom Concepts.
- If a periodic payment obligation of the Buyer has been agreed, Custom Concepts is 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 on the Buyer are immediately due and payable.
- 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 still due and finally to reduce the principal and accrued interest. Custom Concepts can, without being in default, refuse an offer of payment if the Buyer designates a different order for the allocation. Custom Concepts can refuse full payment of the principal, if the outstanding 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 will, without further notice, claim the statutory (commercial) interest from the first day of absence until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, calculated in accordance with the scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
- If Custom Concepts has incurred more or higher costs that are reasonably necessary, these costs are eligible for compensation. Judicial and execution costs incurred are also for the account of the Buyer.
Article 11 Retention of title
- All goods delivered by Custom Concepts remain the property of Custom Concepts until the Buyer has fulfilled all the following obligations under all Agreements concluded with Custom Concepts.
- 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 assert rights thereon, the Buyer is obliged to inform Custom Concepts as soon as may reasonably be expected.
- In the event that Custom Concepts wishes to exercise its property rights indicated in this article, the Buyer already gives unconditional and irrevocable permission and authorization to Custom Concepts or by third parties to be designated by them to enter all those places where the properties of Custom Concepts are located and take those things back.
- 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 still fulfilled its obligations, Custom Concepts will endeavor to deliver the purchased Products to the Buyer as soon as possible, but no later than within 20 working days.
- Costs and other (consequential) damage as a result of keeping the purchased Products in possession are for the account and risk of the Buyer and will be reimbursed by the Buyer upon Custom Concepts' first request.
Article 12 Guarantee
- Custom Concepts guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and / or reliability 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 reported this use to the Seller at the time of entering into the Agreement. If appropriate, the Products are supplied with the warranty provisions of the manufacturer of the product concerned.
- 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 uncertainty regarding the cause of the damage or the defect and / or the cause of this, Custom Concepts is entitled to engage an independent third party to investigate this. 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.
- In addition, Custom Concepts is authorized to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been executed, without judicial intervention, if the Buyer does not timely or properly fulfill the obligations that it has under any Agreement concluded with Custom Concepts. follow.
- Furthermore, Custom Concepts is authorized to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise which are of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to the standards of reasonableness and fairness, or if circumstances arise which otherwise are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
- If the Agreement is dissolved, the claims of Custom Concepts on the Buyer are immediately due and payable. When Custom Concepts suspends fulfillment of the obligations, retains 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 of Custom Concepts towards the Buyer or third parties, that liability is limited to the costs charged by Custom Concepts in connection with the Agreement, unless the damage was caused by intent or gross negligence. The liability of Custom Concepts is in any case limited to the maximum amount of damage paid by the insurance company per event per year.
- Custom Concepts is not liable for consequential damage, indirect damage, loss of profit and / or loss, missed savings and damage resulting from the use of the delivered Products. 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 (this includes wear, 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 action 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 the correct and complete transfer of the content of e-mails sent by / on behalf of Custom Concepts, nor the timely receipt thereof.
- All claims of the Buyer for failure on the part of Custom Concepts will lapse if they have not been reported to Custom Concepts in writing and with reasons, within one year after the Buyer was known or could reasonably be aware of the facts on which it bases its claims. All claims of the Buyer will in any case expire 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 held to comply with any obligation if it is hindered to do so as a result of a circumstance that cannot be blamed is responsible for its fault and is not for its account under the law, legal act or the prevailing views in traffic.
- Force majeure is understood to mean in any case, but is not limited to what is understood in this respect by law and jurisprudence, (i) force majeure of suppliers of Custom Concepts, (ii) failure to properly fulfill obligations of suppliers that Buyer has to Custom. Concepts are required or recommended, (iii) defective business, equipment, software or materials of third parties, (iv) government measures, (v) power outages, (vi) internet outages, data network and telecommunication facilities (for example, through: cybercrime 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 that, in the opinion of Custom Concepts, are beyond its control. sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
- Custom Concepts is entitled to invoke force majeure if the circumstance preventing (further) fulfillment occurs after Custom Concepts should have fulfilled its obligation.
- 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.
- Insofar as Custom Concepts has, at the time of the occurrence of force majeure, partially fulfilled or will be able to fulfill its obligations under the Agreement, and the part fulfilled or to be fulfilled has independent value, Custom Concepts is entitled to have already fulfilled or fulfilled invoice the part to come separately. The buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 16 Transfer of risk
- The risk of loss or damage to the Products that are the subject of the Agreement is transferred to the Buyer as a company when the goods leave Custom Concepts' warehouse. 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.
- 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, Custom Concepts will inform the person concerned.
- If Custom Concepts is required to provide information security on the basis of the Agreement, this security will comply with the specifications that have been received 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. is.
Article 18 Complaints
- If the Buyer is not satisfied with the Products of Custom Concepts and / or has complaints about the (performance 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. report. Complaints can be reported via firstname.lastname@example.org with the subject “Complaint”. Customers must be submitted to Custom Concepts in writing or via email.
- The complaint must be sufficiently substantiated and / or explained by the Buyer for Custom Concepts to be able to process 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
- Dutch law applies to every Agreement between Custom Concepts and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
- In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text will always be 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 at the competent court in Zeeland-West Brabant, location Bredaten, unless provisions of mandatory law lead to the jurisdiction of another court.