Article 1 - Definitions
Article 2 - Identity of the entrepreneur
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 the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and implementation
Article 12 - Duration transactions Duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Brancheg guarantee
Article 17 - Additional or different provisions
Article 2 - Identity of the entrepreneur
Fresh Parts
Kruisboog 55, 3905TE Veenendaal
Contact: info@freshparts.nl
Chamber of Commerce number: 87617145
VAT identification number: NL864349737B01
Article 3 - Applicability
Paragraph 1: These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement and orders between entrepreneur and consumer.
Paragraph 2: Before the distance agreement 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 agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
Paragraph 3: If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that this by The consumer can be stored in a simple way on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent free of charge electronically or in any other way at the request of the consumer.
Paragraph 4: In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraph applies mutatis mutandis and the consumer can always rely on the applicable provision for him in the event of conflicting general terms and conditions is the most favorable.
Paragraph 5: If one or more provisions in these general terms and conditions are wholly or partially void at any time, the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced immediately in mutual consultation by a provision That the scope of the original approached as much as possible.
Paragraph 6: situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Paragraph 7: Unclearness about the interpretation or content of one or more provisions of our Terms and Conditions must be explained "in the spirit" of these general terms and conditions.
Article 4 - The offer
Paragraph 1: If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
Paragraph 2: The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
Paragraph 3: The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to make a good assessment of the offer possible by the consumer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
Paragraph 4: All images, specifications data in the offer are indication and cannot be a reason for compensation or termination of the agreement.
Paragraph 5: Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors or specifications will exactly match the actual products.
Paragraph 6: Each offer contains such information that it is clear to the consumer what the 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 what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
- the amount of the distance for remote communication if the costs of using the remote communication technology are calculated on a basis other than the regular basic rate for the means of communication;
- whether the agreement is archived after the conclusion, and if so how it can be consulted for the consumer;
- the way in which the consumer, before concluding the agreement, can check the information provided by him in the context of the Agreement and repair it if desired;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the event of a duration transaction.
- Optional: available variants, options, colors and extras.
Article 5 - The Agreement
Paragraph 1: The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the compliance with the conditions set with it.
Paragraph 2: If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
Paragraph 3: If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures for this.
Paragraph 4: The entrepreneur can - within the legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsibility of the distance agreement. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
Paragraph 5: With the Product or Service to the Consumer, the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable data carrier:
- the visiting address of the entrepreneur's location where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear report on the exclusion of the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the implementation of the agreement;
- The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is an indefinite duration.
Paragraph 6: In the event of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Paragraph 7: Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - right of withdrawal
Paragraph 1: When purchasing products, the consumer has the option of dissolving the agreement for 14 days without giving reasons. This cooling -off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and to the entrepreneur.
Paragraph 2: During the cooling -off period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to that extent insofar as it is necessary to be able to assess whether it wishes to retain the product. If he uses his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur. If this is not the case, it may be that costs are charged.
Paragraph 3: If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receiving the product. The consumer must make it known through a written message/e-mail. After the consumer has made it known to make use of his right of withdrawal, the customer must return the product within 14 days of receipt, after making the cancellation known. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
Paragraph 4: If after the end of the periods referred to in paragraphs 2 and 3, the customer has not made known to make use of his right of withdrawal resp. The product has not returned to the entrepreneur, the purchase is a fact.
Paragraph 5: The consumer cannot use the right of withdrawal after mounting the product or when the sealing of an original product is broken. The consumer must therefore first test electric products before mounting. It is not possible for the entrepreneur to find out if it is a production error or assembly error. We can therefore not offer no guarantee on electrical components.
- After this report, the customer has another 14 days to actually return the product.
Article 7 - Costs in case of withdrawal
Paragraph 1: If the consumer uses his right of withdrawal, the costs for returning the products are for the account of the consumer.
Paragraph 2: If the consumer has paid an amount, the entrepreneur will repay this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been reclaimed by the web retailer or conclusive proof of complete return can be submitted.
Paragraph 3: If the consumer has used free shipping, because of achieving a certain order value, it is possible that the consumer is not entitled to free shipping after returning. In that case, the shipping costs are deducted from the return amount.
Article 8 - Exclusion of the right of withdrawal
Paragraph 1: The entrepreneur 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 the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Paragraph 2: Exclusion of the right of withdrawal is only possible for products:
- that have been established by the entrepreneur in accordance with specifications of the consumer;
- who are clearly personal in nature;
- that cannot be returned by their nature;
- who can spoil or age quickly;
- of which the price is bound by fluctuations on the financial market on which the entrepreneur has no influence;
- for individual newspapers and magazines;
- For audio and video recordings and computer software of which the consumer has broken the seal.
- For hygienic products whose consumers have broken the seal.
Article 9 - The price
Paragraph 1: During the validity period stated in the offer, the prices of the products and/or services offered are not increased, subject to price changes as a result of changes in VAT rates.
Paragraph 2: Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound by fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This bondage to fluctuations and the fact that any prices mentioned are target prices are stated with the offer.
Paragraph 3: Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Paragraph 4: Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and::
4.1: these are the result of legal regulations or provisions; or
4.2: The consumer has the authority to cancel the agreement from the day on which the price increase starts.
Paragraph 5: The prices mentioned in the offer of products or services include VAT.
Paragraph 6: All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and warranty
Paragraph 1: The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, to the reasonable requirements of reliability and/or usability and the legal statutory on the date of the conclusion of the Agreement provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Paragraph 2: A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Paragraph 3: Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Return of the products must be done in the original packaging and in new condition. If the product is mounted, the warranty and possibility of returning will lapse.
Paragraph 4: The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice with regard to the use or application of the products.
Paragraph 5: The warranty does not apply if:
5.1: the consumer has repaired and/or has it repaired or has repaired and/or edited by third parties;
5.2: the products delivered to abnormal circumstances have been exposed or otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or treated on the packaging;
5.3: The deficiency is wholly or partly the result of regulations that the government has or will set with regard to the nature or quality of the materials applied.
5.4: This is an electrical product that is mounted. With electric products, the warranty after assembly expires. It is not possible for the entrepreneur to find out if it is a production error or assembly error. At the time of assembly, the consumer agrees to the decline of the warranty.
6. To be able to claim warranty with lighting, it is mandatory to send a photo or video in which the assembly is to be traced. You can also be asked to connect the lighting directly to the battery.
7. Claiming warranty with broken products is possible. You must report this within 48 hours of receipt via one of our contact options.
Article 11 - Delivery and implementation
Paragraph 1: The entrepreneur will observe the greatest possible care when receiving and the implementation of products.
Paragraph 2: As a place of delivery, the address that the consumer has made known to the company.
Paragraph 3: With due observance of what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders with due speed but no later than 30 days, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only be carried out in part, the consumer will notify this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and the right to any compensation.
Paragraph 4: In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
Paragraph 5: If the delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be reported in a clear and understandable manner at the latest that a replacement item will be delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
Paragraph 6: The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative designated in advance and to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration transactions: Duration, cancellation and extension
Notice
Paragraph 1: The consumer may at all times cancel an agreement that has been entered into an indefinite period of time and that extends to the regular delivery of products (including electricity) or services with due observance of agreed cancellation rules and a cancellation period of a maximum of one month.
Paragraph 2: The consumer may at all times cancel an agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services against the end of the fixed duration with due observance of agreed cancellation rules and a notice period of at most one month.
Paragraph 3: The consumer can do the agreements mentioned in the previous paragraphs:
3.1: Cancel at all times and are not limited to cancellation at a certain time or in a certain period;
3.2: at least cancel in the same way as they have been entered into by him;
3.3: Always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
Paragraph 4: An agreement that has been entered into for a fixed -term period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.
Paragraph 5: Contrary to the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of day, news and weekly newspapers and magazines may be tacitly extended for a certain duration of a maximum of three months, if the consumer Extended Agreement by the end of the extension can cancel with a notice period of at most one month.
Paragraph 6: An agreement that has been entered into for a fixed period and that is intended to regularly deliver products or services, may only be tacitly extended for an indefinite period if the consumer can at any time can be canceled with a cancellation period of at most one month and a notice period From a maximum of three months in the event that the agreement is arranged, but less than once a month, delivery of day, news and weekly magazines and magazines.
Paragraph 7: An agreement with a limited duration to regularly deliver the delivery of day, news and weekly magazines and magazines (trial or introduction subscription) is not tacitly continued and ends automatically after the end of the test or introduction period.
Duration
Paragraph 8: If an agreement has a duration of more than a year, the consumer may at any time cancel the agreement with a notice period of at most one month, unless reasonableness and fairness against cancellation before the end of the agreed Expand.
Article 13 - Payment
Paragraph 1: To the extent that it has not been agreed otherwise, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling -off period as referred to in Article 6 paragraph 1.
Paragraph 2: The consumer has the duty to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
Paragraph 3: In the event of default of the consumer, the entrepreneur has the right to charge the consumer known to the consumer, subject to legal restrictions.
Article 14 - Complaints procedure
Paragraph 1: Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described in writing or via e-mail, after the consumer has found the defects.
Paragraph 2: Complaints submitted to the entrepreneur are calculated within a period of 14 days, from the date of receipt, answered. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
Paragraph 3: If the complaint cannot be resolved in mutual consultation, a dispute that is susceptible to the Disputes Regulation will arise.
Paragraph 4: A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
Paragraph 5: If a complaint is found to be well -founded by the entrepreneur, the entrepreneur will, at her choice or the products delivered free of charge, replace or repair it free of charge.
"It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr )."
Article 15 - Disputes
Paragraph 1: To agreements between the entrepreneur and the consumer to which these general terms and conditions relate, only Dutch law applies. Even if the consumer lives abroad.
Paragraph 2: The Vienna Sales Convention does not apply.
Article 16 - Liability
Paragraph 1: The entrepreneur supplies goods to consumers and companies. The customer is responsible for this. The entrepreneur is not liable for problems arising from or after the assembly of the products.
Paragraph 2: In order to provide more clarity, examples are given below of incidentalities for which the consumer himself is liable. The entrepreneur is therefore not liable here.
- Theft
- Injury
- fire
- Mounting errors
- Factory warranty (of the vehicle)
- Treats
- Electric products after assembly
All other laws and rules otherwise have been rejected.