General terms and conditions of Armyparts4u

This is an automatic translation of the original Algemene Voorwaarden. In the case of any discrepancy as to the contents and purport of these conditions, the Dutch text shall take precedence.

Index:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

 

Article 1 - Definitions

In these conditions:

1. Reflection period: the period within which the consumer can make use of his right of withdrawal;

2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Transaction Duration: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation of which is spread over time;

5. Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

7. Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal.

8. Entrepreneur: the natural or legal person that offers products and / or services to consumers at a distance;

9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and / or services, up to and including the conclusion of the agreement only one or more communication techniques are used. distance;

10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.

11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Armyparts4U trading under Autobedrijf de Jong;
44, 6996 AJ Drempt (gld), the Netherlands;
Telephone number: +31 (0) 6 53647765
E-mail address: info@armyparts4u.com
Chamber of Commerce number: 09062054

 

Article 3 - Applicability

1. These general terms and conditions apply to every Armyparts4U offer and to every distance contract and orders concluded between Armyparts4U and the consumer.

2. Before the distance contract 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 contract is concluded, it will be indicated that the general terms and conditions at Armyparts4U can be viewed and they will be sent free of charge as soon as possible at the request of the consumer.

3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumers can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.

4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that most favorable.

5. If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain intact and the stipulation in question will be replaced without delay by a provision that the scope of the original approached as much as possible.

6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

7. Lack of clarity about the explanation or content of one or more provisions of our conditions, should be explained 'in the spirit' of these general conditions.

 

Article 4 - The offer

1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.

2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Armyparts4U uses images, they are a true reflection of the offered products and / or services. Obvious mistakes or obvious errors in the offer do not bind Armyparts4U.

4. All images, specifications and data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.

5. Images for products are a true reflection of the products offered. Armyparts4U can not guarantee that the displayed colors exactly match the real colors of the products.

6. 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:

o the price including taxes;

o the possible costs of shipping;

o the manner in which the agreement will be concluded and which actions are necessary for this;

o whether or not to apply the right of withdrawal;

o the method of payment, delivery and execution of the agreement;

o the period for accepting the offer or the period within which the entrepreneur guarantees the price;

o the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;

o whether the agreement is filed after the conclusion, and if so, how this can be consulted for the consumer;

o the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him under the agreement and repair them if necessary;

o any other languages ​​in which, in addition to Dutch, the contract can be concluded;

o the codes of conduct to which Armyparts4U is subject and the way in which the consumer can consult these codes of conduct electronically; and

o the minimum duration of the distance contract in case of an extended transaction.

Article 5 - The contract

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

2. If the consumer has accepted the offer electronically, Armyparts4U will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Armyparts4U, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, Armyparts4U will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Armyparts4U will take appropriate security measures to that effect.

4. Armyparts4U can - within statutory frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.

5. With the product or service Armyparts4U 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 durable medium:

a. the visiting address of the Armyparts4U branch where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing service after purchase;

d. the information included in article 4 paragraph 3 of these conditions, unless Armyparts4U has already provided this information to the consumer before the execution of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

7. Each agreement is entered into under the suspension

 

Article 6 - Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to Armyparts4U.

2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to Armyparts4U, in accordance with the reasonable and clear instructions provided by Armyparts4U.

3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to Armyparts4U within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

4. If the customer has not made it known that he wishes to make use of his right of withdrawal or withdrawal after the expiry of the terms mentioned in paragraphs 2 and 3. the product has not been returned to Armyparts4U, the purchase is a fact.

When delivering services:

5. When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.

6. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by Armyparts4U with the offer and / or at the latest with the delivery.

 

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.

2. If the consumer has paid an amount, Armyparts4U will refund this amount as soon as possible but no later than 14 days after cancellation. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.

 

Article 8 - Exclusion of right of withdrawal

1. Armyparts4U can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if Armyparts4U has clearly stated this in the offer, at least in time for the conclusion of the agreement.

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

a. which have been established by Armyparts4U in accordance with the specifications of the consumer;

b. that are clearly personal in nature;

c. which can not be returned due to their nature;

d. that can spoil or age quickly;

e. the price of which is subject to fluctuations in the financial market on which Armyparts4U has no influence;

f. for loose newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygienic products of which the consumer has broken the seal.

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

a. regarding accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;

b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;

c. regarding betting and lotteries.

 

Article 9 - The price

1. During the period mentioned 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.

2. Notwithstanding the previous paragraph, Armyparts4U may offer products or services whose prices are subject to fluctuations in the financial market and where Armyparts4U has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.

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

4. Price increases from 3 months after the conclusion of the contract are only permitted if Armyparts4U has stipulated this and:

a. they are the result of statutory regulations or stipulations; or

b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

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

6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, Armyparts4U is not obliged to deliver the product at the wrong price.

 

Article 10 - Conformity and Guarantee

1. Armyparts4U guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations. If agreed, Armyparts4U also guarantees that the product is suitable for other than normal use.

2. A warranty issued by Armyparts4U, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Armyparts4U under the agreement.

3. Any defects or incorrectly delivered products must be reported to Armyparts4U in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.

4. The warranty period of Armyparts4U corresponds to the manufacturer's warranty period. Armyparts4U is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

5. The guarantee does not apply if:

o The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;

o The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of Armyparts4U and / or treated on the packaging;

o The inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

 

Article 11 - Delivery and execution

1. Armyparts4U will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously 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 can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.

4. All delivery dates are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.

5. In case of dissolution in accordance with paragraph 3 of this article, Armyparts4U will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.

6. If delivery of an ordered product proves to be impossible, Armyparts4U will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of Armyparts4U.

7. The risk of damage and / or loss of products rests with Armyparts4U until the moment of delivery to the consumer or a pre-designated and made representative to the entrepreneur, unless explicitly agreed otherwise.

 

Article 12 - Duration transactions: duration, cancellation and extension

Cancellation

1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

2. The consumer can cancel a contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period. up to one month.

3. The consumer may conclude the agreements referred to in the previous paragraphs:

o cancel at any time and not be limited to termination at a specific time or in a certain period;

o at least cancel in the same way as they have entered into by him;

o always cancel with the same notice period as Armyparts4U has stipulated for itself.

Extension

4. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

5. Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has renewed this extension. agreement by the end of the extension can terminate with a notice period of no more than one month.

6. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Expensive

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed term. to resist.

 

Article 13 - Payment

1. Unless agreed otherwise, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period as referred to in article 6 paragraph 1 commences. In the event of an agreement to provide a service, it shall period after the consumer has received confirmation of the agreement.

2. The consumer has the duty to promptly report any inaccuracies in provided or stated payment details to Armyparts4U.

3. In the event of default by the consumer, Armyparts4U, subject to legal restrictions, has the right to charge the reasonable costs made known to the consumer beforehand.

 

Article 14 - Complaints procedure

1. Armyparts4U has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the performance of the contract must be submitted fully and clearly described to Armyparts4U within 7 days after the consumer has discovered the defects.

3. Complaints submitted to Armyparts4U are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Armyparts4U will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.

5. In case of complaints, a consumer must first turn to Armyparts4U. For complaints that can not be solved in mutual consultation, the consumer must turn to the Dutch court. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

6. A complaint does not suspend the obligations of Armyparts4U, unless the entrepreneur indicates otherwise in writing.

7. If a complaint is found to be well-founded by the entrepreneur, Armyparts4U will, at its option or replace the delivered products free of charge or repair.

 

Article 15 - Disputes

1. Only Dutch law applies to agreements between Armyparts4U and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

2. The Vienna Sales Convention does not apply.

 

Article 16 - Additional or deviating provisions

Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.