Terms and Conditions

These Terms and Conditions of www.autorecyclingbrabant.nl have been drawn up in consultation with the management of Auto Recycling Brabant

Article 1 – Definitions
In these terms the following definitions apply:

Cooling-off period: the period within which the consumer can make use of the right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Durable medium: any tool that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who is a member of the Dutch Home Shopping Organization and who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organized by the trader for distance selling of products and/or services, where exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: means that can be used to conclude a contract without the consumer and trader being simultaneously in the same place;

Article 2 – Identity of the trader
Name of trader: Auto Recycling Brabant.
trading under the name(s): Auto Recycling Brabant.

Business & visiting address:

Auto Recycling Brabant
Rondven 53 B
6026 PX Maarheeze

Accessibility:
From Monday to Friday from 09:00 to 18:00 by email. If something cannot be resolved by email, you can request by email that one of our employees call you back.

Chamber of Commerce number: 78049938 .
VAT identification number: NL003279514B92

IBAN: NL44 KNAB 060 255 8263.
BIC: KNABNL2H

If the trader’s activity is subject to a relevant licensing scheme: details of the supervisory authority:

If the trader exercises a regulated profession: the professional association or organization to which he belongs; the professional title, the place in the EU or the European Economic Area where it was awarded; a reference to the professional rules applicable in the Netherlands and information on where and how these rules are accessible.

Article 3 – Applicability
These general terms and conditions apply to every offer from the trader and to every distance contract concluded between trader and consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
If in addition to these general terms and conditions specific product or service conditions also apply, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

Article 4 – The offer
If an offer is of limited duration or subject to conditions, this will be expressly stated in the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the trader.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any delivery costs;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period within which the trader guarantees the price;
the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate of the used means of communication;
whether the agreement is archived after its conclusion, and if so in which way it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by him in the context of the contract;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically;
the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions thereby stipulated.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

The trader may – within legal frameworks – ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the performance.

The trader will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, along with the product or service to the consumer:

the address of the trader’s business premises where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the information referred to in Article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the performance of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal
When delivering products:

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the trader.

During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he makes use of 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 trader, in accordance with the reasonable and clear instructions provided by the trader.

When providing services:

When services are provided, the consumer has the option to dissolve the contract without giving reasons for at least fourteen days, starting on the day of concluding the contract.

To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest at the time of delivery.

Article 7 – Costs in case of withdrawal
If the consumer makes use of the right of withdrawal, at most the costs of return shall be for his account.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 30 days after the return shipment or withdrawal.

Article 8 – Exclusion of the right of withdrawal
The trader may exclude the consumer’s right of withdrawal insofar as provided in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been made by the trader in accordance with the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations on the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
where the performance has begun with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.

Article 9 – The price
During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the trader has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the trader has stipulated this and:

these are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the contract as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 10 – Conformity and Warranty

The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract.

When purchasing products, the consumer has the possibility to use the warranty scheme in the event of a demonstrable defect in the delivered product during the warranty period stated in the offer.
The delivered product will then, in the event of a demonstrable defect, be exchanged for an equivalent and/or comparable part. If this part is not available, the trader shall refund the amount paid by the consumer for the part, excluding the shipping costs, as soon as possible, but no later than 14 days after receipt of the return.

The warranty period stated in the offer starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the trader.
The consumer cannot claim the warranty if:

-It concerns an electronic component.
-The installation of the delivered product has been carried out improperly.
-The consumer has made modifications or disassembly to the delivered product.
-It concerns installation or use for a purpose other than that for which the delivered product is intended.
-It concerns installation in vehicles that deviate from the manufacturer’s standard specifications.
-It concerns improper and/or unprofessional use of the delivered product or use of the vehicle in which the purchased item is installed for purposes other than normal road use.
-The delivered product no longer bears the marking affixed by the trader.
-The consumer has not indicated to the trader within the warranty period that he wishes to make use of the warranty scheme.

The consumer cannot derive any right to compensation of any kind from a warranty. The costs incurred by the consumer for the removal and installation of a defective part will also not be reimbursed. This means that the costs of removing and installing the defective part and/or consequential damage of the defective part are borne by the consumer.

If the consumer invokes the warranty scheme, the shipping costs as well as return shipping costs are always borne by the consumer.

A warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.

Article 11 – Delivery and performance
The trader shall take the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services. The place of delivery is the address that the consumer has made known to the company. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.

In the event of dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

Article 12 – Long-term transactions
The consumer may terminate a contract that has been entered into for an indefinite period at any time subject to the agreed termination rules and a notice period of no more than one month. A contract entered into for a definite period has a maximum duration of two years. If it has been agreed that the distance contract will be extended if the consumer remains silent, the contract will continue as a contract for an indefinite period and the notice period after continuation of the contract will be a maximum of one month.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract. In the sale of products to consumers, advance payment of more than 50% may never be stipulated in the general terms and conditions. Where advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the trader. In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the previously notified reasonable costs to the consumer.

Article 14 – Complaints procedure
The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the contract must be submitted to the trader within a reasonable time after the consumer has discovered the defects, fully and clearly described. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 15 – Disputes
Only Dutch law applies to contracts between the trader and the consumer to which these general terms and conditions relate.

Note: Electronic components cannot be returned