General Terms & Conditions
Article 1 -
Article 2 -
The Entrepreneur’s identity
Article 3 -
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer’s obligations during the reflection
Article 8 - Exercising the Consumer’s right of
withdrawal and the costs
Article 9 - Entrepreneur’s obligation in case of
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guaranty
Article 13 - Delivery and execution
Article 14 - Continuing performance contract:
duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 1 – Definitions
In these Terms and Conditions, the following terms shall
have the following meanings:
- Additional agreement: an agreement in which the Consumer acquires products, digital
content and/or services with respect to a distance agreement and these
goods, digital content and/or services are delivered by the Entrepreneur
or a third party on the basis of an arrangement between this third party
and the Entrepreneur;
- Reflection period: the period during which the Consumer may use his right of
- Consumer: the natural person who does not act for purposes related to his/her
commercial, trade, craft or professional activities;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: a contract serving to deliver goods, services
and/or digital content in a given period;
- Sustainable data carrier: any means, including email, that allow the Consumer
or the Entrepreneur to store information directed to him/her personally in
such a manner that makes future consultation and use possible during a
period that matches the purpose for which the information is destined and
which makes unaltered reproduction of the stored information possible.
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement
within the cooling-off period;
- Entrepreneur: the natural of legal person and who provides products, (access to) digital content and or services to Consumers at a
- Distance contract: a contract concluded by the Entrepreneur and the Consumer within
the scope of an organised system for distance selling products, digital
content and/or services, whereby exclusive or additional use is made of
one or more technologies of distance communication up to the conclusion of
- Standard form for withdrawal: the European standard form for withdrawal
included in Appendix 1;
- Technology for distance communication: a means to be used for concluding an agreement
without the Consumer and the Entrepreneur being together in the same place
at the same time.
Article 2 – The Entrepreneur’s identity
Chamber of commerce number: 17212327
VAT identification number: NL001894221B28
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract
concluded by the Entrepreneur and the Consumer.
- Before concluding a distance contract, the Entrepreneur shall make
the text of these General Terms and Conditions available free of charge
and as soon as possible. If this is reasonably impossible, the
Entrepreneur shall indicate in what way the General Terms and conditions
can be inspected and that they will be sent free of charge if so
requested, before the distant contract is concluded.
- If the distance contract is concluded electronically, the text of
these General Terms and Conditions, in deviation from the previous section
and before the distance contract is concluded, may also be supplied to the
Consumer electronically in such a way that the Consumer can easily store
it on a long-term data carrier. If this is reasonably impossible, it will
be specified where the General Terms and Conditions can be viewed
electronically and that they will be sent to at the Consumer´s request
free of charge, either via electronic means or otherwise, before
concluding the distance contract;
- In the event that specific product or service condition apply in
addition to these General Terms and Conditions, the second and third
paragraphs shall apply accordingly, and in the event of contradictory
terms and conditions, the Consumer may always appeal to the applicable
provision that is most favourable to him/her.
Article 4 – The offer
- If an offer is of limited duration or if certain conditions apply,
it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products,
digital content and/or services offered. The description is suitably
detailed to enable the Consumer to assess the products, or services and/or
digital content adequately. If the Entrepreneur makes use of pictures,
they are truthful images of the products and/or services provided. Obvious
errors or mistakes in the offer do not bind the Entrepreneur.
- All offers contain such information that it is clear to the
Consumer what rights and
obligations are attached to accepting the offer.
Article 5 – The contract
- Subject to the provisions in paragraph 4, the contract becomes
valid when the Consumer has accepted the offer and fulfilled the terms and
- If the Consumer accepted the offer via electronic means, the
Entrepreneur shall promptly confirm receipt of having accepted the offer
via electronic means. As long as the receipt of said acceptance has not
been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will
take appropriate technical and organisational security measures for the
electronic data transfer and ensure a safe web environment. If the
Consumer can pay electronically, the Entrepreneur shall observe appropriate
- The Entrepreneur may, within the limits of the law, gather
information about Consumer’s ability to fulfil his payment obligations,
and all facts and factors relevant to responsibly concluding the distance
contract. If, acting on the results of this investigation, the
Entrepreneur has sound reasons for not concluding the contract, he is
lawfully entitled to refuse an order or request supported by reasons, or
to attach special terms to the implementation.
- Before delivering the product, the Entrepreneur shall send the
following information along with the product, the service or the digital
content in writing or in such manner that the Consumer can store it in an
accessible manner on a long-term data carrier:
a) the visiting address of the Entrepreneur´s business
establishment where the Consumer may get into contact with any complaints;
b) the conditions on which and the manner in which the
Consumer may exercise the right of withdrawal, or, as the case may be, clear
information about his being exempted from the right of withdrawal;
c) the information corresponding to existing after-sales
services and guarantees;
d) The price including all taxes of the product, service
or digital content, where applicable the delivery costs and the way of payment,
delivery or implementation of the distance contract;
e) the requirements for cancelling the contract if the
contract has a duration of more than one year or for an indefinite period of
f) the standard form for withdrawal if the Consumer has
the right of withdrawal.
- In case of a continuing performance contract, the stipulation in
the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
In case of products:
The Consumer can repudiate a purchase contract for a
product without giving reasons for a period of reflection of at least 14 days.
The Entrepreneur may ask the Consumer about the reason for the withdrawal but
cannot force him to state his reason(s).
The reflection period referred to in sub-clause 1
a) on the day the product is received by the Consumer or
by a third party appointed by him in advance and who is not the carrier, or
If the Consumer ordered several products in the same
b) the day on which the Consumer or a third party appointed
by him received the last product. The Entrepreneur may refuse an order of
several products with different delivery dates provided that he clearly informs
the Consumer prior to the order process.
In case the delivery of a product consists of several
batches or parts:
c) the day on which the Consumer or a third party
appointed by him received the last batch or the last part.
In case of an agreement about regular delivery of
products during a given period:
d) the day on which the Consumer or a third party
appointed by him received the first product.
In case of services and digital content that is not
delivered on a physical carrier:
The Consumer can terminate an agreement for services
or an agreement for delivery of digital content that is not delivered on a
physical carrier without giving reasons during at least 14 days. The
Entrepreneur may ask the Consumer about the reason for the withdrawal but
cannot force him to state his reason(s).
The reflection period referred to in Article 3 starts on
the day following the conclusion of the agreement.
Extended reflection period for products, services and
digital content that has not been delivered on a physical carrier in case no
information is given about the right of withdrawal:
If the Entrepreneur has not provided the Consumer with
the legally required information about the right of withdrawal or has not
provided the standard form for withdrawal, the reflection period expires twelve
months after the end of the original reflection period in accordance with the
reflection period determined in the previous sub-clauses of this Article.
If the Entrepreneur provided the Consumer with the
information referred to in the previous article within twelve months after the
starting day of the original period of reflection, the period of reflection
expires 14 day after the day on which the Consumer received the information.
Article 7 – Consumer’s obligations during the time of reflection
During this period, the Consumer shall handle the
product and the packaging with care. The Consumer shall only unpack or use the
product to the extent necessary for establishing the nature, the characteristics
and the effect of the product. The guiding principle is that the Consumer may
only handle and inspect the product in the manner in which one is allowed to handle
a product in a shop.
The Consumer is only liable for the decrease in value
of the product that is caused by the way of handling the product which went
further than allowed in sub-section 1.
The Consumer is not liable for the decrease in value
of the product if the Entrepreneur has not provided him with all legal information
about the right of withdrawal before concluding the Agreement.
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
If the Consumer exercises his right of withdrawal he
shall notify the Entrepreneur unambiguously with the standard form for
withdrawal within the period of reflection.
The Consumer shall return the product or deliver it to
(the authorized representative of) the Entrepreneur as soon as possible but
within 14 days counting from the day following the notification referred to in
sub-clause 1. This need not be done if the entrepreneur offered to collect the
product himself. The Consumer observed the period of returning the product in
any event if the product is returned before the expiration of the period of reflection.
The Consumer shall return the product with all
delivered accessories and if reasonably possible in the original state and packing
and in conformity with reasonable and clear instructions given by the
The risk and the burden of proof for the correct and
timely exercise of the right of withdrawal fall on the Consumer.
The Consumer shall bear the direct costs of returning
the product. If the Entrepreneur has not reported that the Consumer has to bear
these costs or if the Entrepreneur pointed out that he will bear the costs
himself, the Consumer need not pay the cost of returning the product.
If the Consumer withdraws after having first
explicitly requested that the performance of a service or the supply of gas, water
or electricity having not been made ready for sale not be started in a limited
volume or given quantity during the period of reflection, the Consumer shall
pay the Entrepreneur an amount that is equal to the part of the obligation
already performed at the time of
withdrawal as compared with the full compliance of the obligation.
The Consumer does not bear the costs for performing
services for the supply of water, gas or electricity that had not been made
ready for sale in a limited volume or quantity, or for the supply of district
the Entrepreneur has not provided the Consumer with
the statutorily required information about the right of withdrawal, the
compensation of costs in case of withdrawal or the standard form for
if the Consumer has not explicitly requested that the
performance of the service or the supply of gas, water and electricity or
district heating be started during the period of reflection.
The Consumer does not bear any cost for the full or
partial delivery of digital content not stored on a physical carrier if prior
to the delivery, he has not explicitly consented to start performance of the
agreement before the end of the period of reflection; he did not acknowledge to
lose his right of withdrawal when giving consent; or the Entrepreneur failed to
confirm the Consumer’s statement.
If the Consumer exercises his right of withdrawal, all
additional agreements end by operation
Article 9 – Entrepreneur’s obligations in case of withdrawal
If the Entrepreneur makes the notification of withdrawal
by electronic means possible, he shall promptly send a return receipt.
The Entrepreneur shall reimburse all payments made by
the Consumer, including any delivery costs that the Consumer may charge for the
returned product, as soon as possible but within 14 days following the day on
which the Consumer notified him of the withdrawal. Unless the Entrepreneur
offers to collect the product himself, he can wait with paying back until
having received the product or until the Consumer proved that he returned the product,
whichever occurs first.
The Entrepreneur shall make use of the same means of
payment that the Consumer used, unless the Consumer consents to another method.
The reimbursement is free of charge for the Consumer.
If the Consumer opted for a more expensive method of
delivery instead of the cheapest standard delivery, the Entrepreneur need not
reimburse the additional costs for
the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The Entrepreneur can exclude the following products
and services from the right of withdrawal but only if the Entrepreneur notified
this clearly when making the offer or at any rate in good time before concluding
- Products or services with a price that is subject to fluctuations
in the financial market on which the Entrepreneur has no influence and
which may occur within the period of withdrawal;
- Agreements that are concluded during a public auction. A public
auction is defined as a selling method whereby the Entrepreneur offers
products, digital content
and/or services to the Consumer who is personally present or has the possibility
to be personally present at the auction under the direction of an auctioneer
and whereby the successful bidder is obliged to purchase the products, the
digital content and/or the services.
- Services agreements, after full performance of the service, but
a) the performance started with the Consumer’s explicit prior
b) the Consumer stated that he will lose his right of
withdrawal as soon as the Entrepreneur has fully performed the agreement.
- Services agreements for making accommodation available when a
certain period of implementation is provided and other than for
residential purposes, goods transports, car rental services and catering;
- Agreements related to leisure activities when a certain date or
period of performance is arranged in the agreement;
- Products manufactured in accordance with the Consumer’s
specifications which are not prefabricated and which are produced on the
basis of a Consumer’s individual choice or decision or which are intended
for a specific person;
- Perishable products or products with a limited durability.
- Sealed products which are for health or hygiene reasons not suitable
for being returned and of which the seal was broken;
- Products which for their nature are irreversibly mixed with other
- Alcoholic drinks of which the price has been agreed upon at the conclusion
of the agreement but of which the delivery can take place only after 30
days, and whose real value depends on fluctuations in the market which the
Entrepreneur cannot affect.
- Sealed audio and video
recordings and computer programs of which the seals were broken after
- Newspapers, periodicals or magazines, with the exception of
subscriptions to them;
- The delivery of digital content other than on a physical carrier,
but only if:
- the performance was started with the Consumer’s explicit prior consent;
- the Consumer stated that he will lose his right of withdrawal by
Article 11 - The price
- The prices of the products and/or services provided shall not be
raised during the validity period given in the offer, subject to changes
in price due to changes in VAT rates.
- Contrary to the previous paragraph, the Entrepreneur may offer
products or services whose prices are subject to fluctuations in the
financial market that are beyond the Entrepreneur’s control, at variable
prices. The offer will state the possibility of being subject to
fluctuations and the fact that any indicated prices are target prices.
- Price increases within 3 months after concluding the contract are
permitted only if they are the result of new legislation.
- Price increases from 3 months after concluding the contract are
permitted only if the Entrepreneur has stipulated it and
- they are the result of legal regulations or stipulations, or
- the Consumer has the authority to cancel the contract before the day
on which the price increase starts.
- All prices indicated in the provision of products or services are
Article 12 – Performance of an agreement and extra Guarantee
- The Entrepreneur guarantees that the products and/or services
comply with the contract, with the specifications listed in the offer,
with reasonable requirements of usability and/or reliability and with the
existing statutory provisions and/or government regulations on the day the
contract was concluded. If agreed, the Entrepreneur also guarantees that
the product is suitable for other than normal use.
- An extra guarantee offered by the Entrepreneur, his Supplier,
Manufacturer or Importer shall never affect the rights and claims the
Consumer may exercise against the Entrepreneur about a failure in the
fulfilment of the Entrepreneur’s obligations if the Entrepreneur has
failed in the fulfilment of his part of the agreement.
- ‘Extra guarantee’ is taken to mean each obligation by the
Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns
certain rights or claims to the Consumer that go further than he is
legally required in case he fails in the compliance with his part of the
Article 13 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when booking
orders and executing product orders and when assessing requests for the provision
- The place of delivery is at the address given by the Consumer to
- With due observance of the stipulations in Article 4 of these
General Terms and Conditions, the Entrepreneur shall execute accepted
orders with convenient speed but at least within 30 days, unless another
delivery period was agreed on. If the delivery has been delayed, or if an
order cannot be filled or can be filled only partially, the Consumer shall
be informed about this within one month after ordering. In such cases, the
Consumer is entitled to repudiate the contract free of charge and with the
right to possible compensation.
- After repudiation in conformity with the preceding paragraph, the
Entrepreneur shall return the payment made by the Consumer promptly but at
least within 30 days after repudiation.
- The risk of loss and/or damage to products will be borne by the
Entrepreneur until the time
of delivery to the Consumer or a representative appointed in advance and
made known to the Consumer, unless explicitly agreed otherwise.
Article 14 – Continuing performance agreements: duration, termination
- The Consumer may at all times terminate a contract that was
concluded for an indefinite time and which extends to the regular delivery
of products (including electricity) or services, with due observance of
the termination rules and subject to not more than one month’s notice.
- The Consumer may at all times terminate a contract that was
concluded for a specific time and which extends to the regular delivery of
products (including electricity) or services at the end of the specific
period, with due observance of the termination rules and a subject to not
more than one month’s notice.
- The Consumer can cancel the agreements mentioned in the preceding paragraphs:
a) at any time and not be limited to termination at a
particular time or in a given period;
b) at least in the same way as they were concluded by
c) at all times with the same notice as the Entrepreneur
stipulated for himself.
- An agreement concluded for a definite period which extends to the
regular delivery of products (including electricity) or services may not
be automatically extended or renewed for a fixed period.
- Notwithstanding the preceding paragraph, a contract for a definite
period which extends to the regular delivery of dailies, newspapers,
weekly newspapers and magazines, may tacitly be renewed for specific
period ofthree months at the most if the Consumer can terminate this
extended agreement towards the end of the extension with a notice of one
month at the most.
- An agreement concluded for a definite period and which extends to
the regular delivery of products or services may only be extended tacitly
for an indefinite period if the Consumer can cancel it at any time with a
notice of one month. The notice is three months at the most in vase the
contract is about a delivery of
dailies, newspapers and weeklies and magazines occurring regularly but
less than once a month.
- An agreement with limited duration of regular delivery of trial
dailies, newspapers, weeklies and magazines (trial or introductory
subscription) is not renewed tacitly and ends automatically after the
trial or introductory period.
- If the duration of a contract is more than one year, the Consumer
may terminate the contract at any time after one year with a notice of not
more than one month, unless reasonableness and fairness resist the
termination before the end of the agreed term.
Article 15 – Payment
- Unless otherwise stipulated in the agreement or in the additional
conditions, the amounts to be paid by the Consumer must be settled within
14 days after the period of reflection, or if there is no period of
reflection within 14 days after concluding the agreement. In case of an agreement
to provide a service, this period starts on the day that the Consumer
received the confirmation of the agreement.
- When selling products to Consumers, it is not permitted to
negotiate an advance payment of more than 50% in the General Terms and
Conditions. If an advance payment was agreed, the Consumer may not assert
any right regarding the execution of the order in question or the
service(s) in question before making the agreed advance payment.
- The Consumer has the duty to inform the Entrepreneur promptly of
possible inaccuracies in the payment details that were given or specified.
- In case the Consumer has not complied with his payment
obligation(s) in time, and the Entrepreneur has pointed out to him that the
payment was late and allowed the Consumer a period of 14 days to comply
with the payment obligations, the Consumer is to pay the statutory
interest on the amount payable and the Entrepreneur is entitled to charge
the Consumer with any extrajudicial collection costs. These extrajudicial
collection costs amount to no more than 15% for outstanding amounts up to €
2,500, 10% for the following € 2,500 and 5% for the following € 5000, with
a minimum of € 40. The Entrepreneur may deviate from the aforementioned
amounts and percentages in favour of the Consumer.
Article 16 – Complaints procedure
- The Entrepreneur shall have a sufficiently notified complaints
procedure in place, and shall handle the complaint in accordance with this
- Complaints about the performance of the contract shall be submitted
fully and clearly described to the Entrepreneur within a reasonable time
after the Consumer discovered the defects
- The complaints submitted to the Entrepreneur shall be replied
within a period of 14 days after the date of receipt. Should a complaint
require a foreseeable longer time for handling, the Entrepreneur shall
respond within 14 days with a notice of receipt and an indication when the
Consumer can expect a more detailed reply.
- If the complaint cannot be solved in joint consultation within a
reasonable time or within 3 months after submitting the complaint, there will be a
dispute that is open to the dispute settlement rules.
Appendix I: Standard form for withdrawal
Standard Form for Withdrawal
(Complete this form and return it only when you want
to revoke the agreement)
To: Erwin’s Motorparts
I/We hereby inform you that I/we wish to revoke our
agreement on the sale of the following products: [specification of the product]*
the performance of the following service [specification
of the service]*
Ordered on*/received on* [date of ordering the
services or receiving products]*
[Consumer’s signature] (only when this form is
submitted on paper)
*) Delete and/or complete where appropriate.