- These General Terms and Conditions form part of all agreements concluded between Starchiefs Classic Cars BV (hereinafter SCC BV) and buyers or clients with regard to the purchase, repair and maintenance of cars, parts and accessories therefor.
- Terms and conditions were established on January 1, 2015 and come into effect on January 1, 2015.
The following definitions apply in these General Terms and Conditions:
- the car: a passenger car, a combined or delivery van derived from it, whose total weight including the load capacity does not exceed 3,500 kg;
- the car to be purchased: a car that is sold by the buyer to the seller in the context of the agreement by way of purchase;
- the agreement: the agreement for the purchase and sale of a car or parts and accessories therefor;
- the seller: the person who, pursuant to the agreement, sells a car or parts and accessories therefor;
- the buyer: the person who buys a car or parts and accessories for it under the agreement;
- the assignment: the agreement to perform assembly, disassembly, repair or maintenance work, voluntary or legal inspections and damage assessments, each individually or jointly referred to as “work”;
- the client: the person who instructs the repairer to carry out or cause work to be carried out;
- the repairer: the person who carries out or has an assignment carried out with regard to a car and / or parts and accessories for it;
BUY AND SELL
Article 1 – The offer
The seller’s offer is made orally, in writing or electronically and is
– if a period for acceptance has been set – effective during the specified period. The acceptance of the offer by the buyer is only valid if it takes place within the stipulated period. The electronic acceptance of the offer by the buyer is furthermore only valid if it has been confirmed by the seller.
If no period for acceptance has been set, the offer will remain in force for two working days, provided that the car has remained unsold.
Article 2 – The agreement
The agreement must always be recorded in writing or electronically. A copy of a written agreement must be provided to the buyer. However, the absence of a written or electronically recorded agreement does not void this agreement.
Article 3 – The content of the agreement
The following must in any case be included in a written or electronic agreement:
- the chassis number / license plate of the car and any car to be purchased, both with any accessories;
- the price of the car at the time of purchase and sale, indicating whether the price is a fixed or a non-fixed price;
- the price of any car to be purchased at the agreed time of delivery of that car; it should be noted that this is by definition a margin car, unless it is expressly stated that it is a VAT car;
- the delivery costs of the car;
- the probable or explicit fixed delivery date; – the method of payment.
Article 4 – Price changes / increase
- Changes in taxes, duties and similar government levies are always passed on in both the fixed and the non-fixed price of cars.
- Without prejudice to the provisions of Article 6, paragraph 1, in addition to the aforementioned changes, price increases as a result of changes in factory and / or importer prices and in exchange rates may be passed on to the non-agreed price of the cars. After notification of this change, the buyer has the right to terminate the agreement in case the seller increases the stipulated price after the conclusion of the agreement. The dissolution must take place within ten days after that notification. The dissolution must take place in writing.
Article 5 – The risk for the car
The car is at the expense and risk of the seller until the time of actual delivery. The possible purchase of a car only becomes the property of the buyer once the actual delivery thereof to him has taken place. Until that time, the car to be purchased is for the account and risk of the seller and all costs are for his account. This also includes the costs of maintenance and any damage caused by any cause, including those resulting from the failure to return official car documents.
Article 6 – Cancellation
- The buyer has the authority to cancel the purchase agreement, regardless of whether the seller has failed in his obligations.
This cancellation can only be made in writing. The buyer is obliged to compensate the seller within one week after this cancellation for all damage that he suffers as a result of the cancellation. This damage has been set at 15% of the purchase price of the canceled car. If the buyer has not paid this compensation within 10 days, the seller has the right to inform the buyer in writing that he requires compliance with the concluded agreement. In that case the buyer can no longer rely on the cancellation. The obligation of the buyer to pay this compensation is a debt within the meaning of article 19 of these General Terms and Conditions for which a payment moment has expressly been agreed upon.
- The authority to cancel expires if the car to be purchased or sold is delivered to the seller by the buyer.
Article 7 – State of the car
- At the time of actual delivery of the car to be purchased / sold, it must be in the same condition as it was at the time the purchase / sale agreement was concluded.
- Should there be any changes to the car between the time of conclusion of the purchase / sale agreement and the actual delivery, both visually and in terms of the technical condition of the car, the seller informs the buyer of this informed without delay.
- The provisions of paragraph 2 of this article may give rise to a change or termination of the agreement concluded.
Article 8 – Viewing the car
- The seller enables the buyer to be able to carry out a full inspection of the car offered, with the possibility of using a bridge. This also includes offering a test drive on a completely non-binding basis.
- The buyer is given every freedom to have the car offered by the seller assessed by an accredited appraiser. The costs of this valuation are borne by the buyer.
Article 9 – Advertisements
Despite the care that we devote to the correct input of the data of the cars offered, we cannot be held responsible and / or liable for any errors, omissions, imperfections in the data. Visitors to our site and / or readers of advertisements from VCC BV on other websites can in no way derive rights from the information and prices offered by us, or the consequences of any transactions that may arise through the information.
REPAIR AND MAINTENANCE
Article 10 – The contract
The instruction to perform work is given orally, in writing, or electronically. An order given electronically by the client will only be established after it has been confirmed by the contractor. A copy of a written assignment is provided to the client if desired.
Article 11 – Price quotation and period
The client may request a statement of the price of the work before and when the order is issued, as well as the period within which the work will be carried out. The specified price and term are approximate, unless the client and the repairer agree on a fixed price and / or term. If the approximate price stated by more than 20%, with a minimum amount of € 100.00 applies, is exceeded or threatens to be exceeded, the repairer must contact the client to discuss the additional costs. The client is entitled to terminate the agreement in writing, subject to a notice period of two weeks, with compensation from the repairer for the work already performed by him. In the event that the approximate term is exceeded or is threatened, the repairer must immediately inform the client of this, stating the new date of delivery.
Article 12 – The bill
A specified invoice is issued for the work performed.
Article 13 – Storage costs
If the client has not collected the car within three working days of being notified of the completion of the order, the repairer may charge a fee that is used within his company or, failing that, another reasonable fee for parking costs. This reimbursement for storage costs has been set at € 100.00 per month.
Article 14 – Right of retention
The repairer can exercise the right of retention on the car, if and for as long as: – the client does not pay the costs of the work on the car or does not pay in full;
- the client does not pay the costs of previous work performed by the repairer on the same car or does not pay in full;
- the client does not or does not fully meet other claims arising from the contractual relationship with the repairer / seller.
The repairer can also exercise the right of retention if the dispute regarding the work has been submitted to the Vehicle Disputes Committee referred to in Article 21, paragraph 2 or to the court. The repairer cannot exercise the right of retention if the client has provided sufficient (replacement) security, for example via a deposit in deposit with the Vehicle Disputes Committee.
Article 15 – Replaced parts
The replaced parts will be made available to the client after the assignment has been executed, if the client has requested this when giving the assignment.
This does not apply to parts that must be isolated in connection with warranty claims. In that case, the parts will be made available after the warranty claims have been handled according to the guarantee provider and the client wants to demonstrate through these parts that the warranty claims have not been dealt with or have not (yet) been sufficiently processed. In all other cases, the replaced parts become the property of the repairer, without the client being entitled to any compensation.
Article 16 – Damage assessment
Indien de reparateur een schadetaxatie heeft verricht, zullen aan de opdrachtgever de werkelijk gemaakte kosten daarvan in rekening worden gebracht. Deze kosten worden niet in rekening gebracht indien een opdracht tot reparatie aan de reparateur wordt verstrekt, dan wel indien de levering van een andere auto met de reparateur wordt overeengekomen. De taxatiekosten worden vooraf door partijen schriftelijk overeengekomen.
Bij gebreke daarvan zijn in redelijkheid vast te stellen taxatiekosten verschuldigd, waarbij partijen tot uitgangspunt nemen de gedragsregels bij expertise, opgesteld in onderling overleg tussen BOVAG, FOCWA, NIAV en NVV.
Artikel 17 – Warranty on cars and parts / accessories
- Due to the guarantees stated in this article and in article 18, the legal rights (including the right under Book 7 of the Dutch Civil Code that the matter complies with the agreement upon delivery) that a buyer / client does not act in the exercise of a profession or company for that reason. When visiting a garage in connection with the guarantee referred to in this article and in article 18, the seller will ensure that the transport needs of the buyer will be met in an appropriate manner.
- No warranty other than that provided by the manufacturer or importer is provided on the cars and on the components, and the legal rights as referred to in paragraph 1.
- The seller does not provide a warranty on the cars, unless expressly agreed otherwise in writing.
- The seller gives no guarantee on the mileage that the odometer of the car states.
- Unless otherwise agreed, the cars will be delivered without a valid General Periodic Inspection (MOT).
Warranty is never provided for parts supplied separately. Defects that have occurred outside the European Economic Area are not covered by the warranty on the cars, unless the buyer demonstrates that the defects were not caused by the circumstances there that deviate from the European Economic Area (inferior roads, inferior fuel etc.).
Article 18 – Repair and maintenance guarantee
- Within the European Economic Area, the repairer guarantees the proper execution of the assignments he has accepted or outsourced and the materials used for this during a period of three months, starting from the time the car is made available to the client again . The guarantee includes the correct and within a reasonable period of time and without serious inconvenience to carry out the non or improperly executed assignment. If the work to be carried out by the repairer is no longer possible or useful, the client is entitled to reasonable compensation.
- No guarantee is provided on commissioned emergency repairs.
- The claims to the guarantee expire if:
- the client does not inform the repairer as soon as possible after the defects have been discovered;
- the repairer is not given the opportunity to remedy the defects;
- third parties without prior knowledge or permission of the repairer have performed work related to the work performed by the repairer in respect of which the guarantee is invoked. However, the guarantee does apply if the need for immediate repair has occurred elsewhere and this can be demonstrated by the client on the basis of the information provided by the other repairer and / or on the basis of the broken parts.
In that case, the costs of the repair will be reimbursed on the basis of the price level that applies in the repairer’s company.
This reimbursement never exceeds the actual costs incurred.
Article 19 – The payment
- The debts of the buyer / client to the seller / repairer are delivery debts. Payment must be made in cash upon delivery of the car or parts or after the services provided. Cash payment also means crediting the amount due to a bank or giro account specified by the seller / repairer at the time of delivery.
- If a different time of payment has been explicitly agreed in writing, the seller / repairer is entitled to charge the statutory interest on the unpaid amounts monthly. The remaining part of the month from the time that payment should have been made is considered as a whole month. This increase in the amount due is considered to be a condition under which the seller / repairer has granted deferment of payment without the obligation of the buyer / client for cash payment being canceled. The increase starts one month after the invoice has been sent.
- If the parties have waived cash payment and have not explicitly agreed upon a moment of payment in writing, a payment period of one month applies. The buyer / client then owes the statutory interest, whereby part of a month is considered as a whole month from two weeks after he has been notified by registered letter by the seller / repairer to pay.
- If the buyer / client fails to pay the amount due after a demand, the seller / repairer is entitled to increase this amount with the collection costs.
These collection costs include both judicial and extrajudicial costs. Extrajudicial costs are all costs that the seller / repairman is charged by lawyers, attorneys, bailiffs and anyone else whom they use to collect the amount due. The
extrajudicial costs are set at 15% of the amount due, unless the buyer can show that the seller suffers less damage.
Article 20 – Retention of title
The delivered car remains the property of the seller as long as the buyer has not paid in full what he owes under the purchase agreement. As long as the car has not been transferred to the buyer in ownership, the buyer is obliged to pay it for his account W.A. + insure and have hull maintained. The seller will not be obliged to indemnify the buyer for his liability as holder of the car.
On the other hand, the buyer indemnifies the seller against claims that third parties may have on the seller and that can be associated with the retention of title made.
Article 21 – Dutch law
All cars sold by SCC BV and to which these general terms and conditions apply are exclusively governed by Dutch law. Only the Dutch court is authorized to take cognizance of disputes.
Article 22 – Deviations
Deviations, including additions or extensions to these General Terms and Conditions, are only valid if they are recorded in writing by both parties.
Article 23 – Complaints
A buyer / client who has complaints about the sale of a car or about the implementation of the repair and maintenance guarantee must first contact Starchiefs Classic Cars BV.
Article 24 – Personal data
The personal data of the buyer / client that are mentioned on the order confirmation are processed by the seller / contractor in the sense of the Dutch Protection Act
Personal data (Wbp). On the basis of this processing, the seller / contractor can: execute the agreement and fulfill its guarantee obligations towards the buyer / client, provide the buyer / client with an optimal service, provide him with timely up-to-date car information and make him personalized offers. In addition, the personal data can be made available to third parties, including the importer of a branded vehicle, for direct marketing activities for vehicles. The car data is included in the system of the National Car Pass Foundation. Read-out odometer readings are registered in this system to prevent fraud with odometers. Processing of personal data in the sense of the Wbp for direct mailing activities is possibly opposed by the buyer / client to register with seller / contractor.
For the sale of cars offered via the website of Starchiefs Classic Cars BV, whereby the purchase agreement between Starchiefs Classic Cars BV and the buyer has been established remotely, the general terms and conditions as included in Appendix 1 apply.
GENERAL TERMS AND CONDITIONS FOR INTERNET SALE
Article 1 – Applicability
- These general terms and conditions apply to every offer from Starchiefs Classic Cars BV (hereinafter SCC BV) and to any distance agreement concluded between SCC BV and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general conditions can be viewed at SCC BV and they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they the consumer can easily be stored on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, SCC BV will indicate where the general terms and conditions can be read electronically and that they will be made free of charge electronically or otherwise at the request of the consumer. forwarded.
Article 2 – The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered The description is sufficiently detailed to enable a proper assessment of the car by the consumer. If SCC BV uses images, they are a true representation of the car offered. Obvious mistakes or errors in the offer do not bind SCC BV.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 3 – The agreement
- The purchase agreement is concluded, subject to the provisions of paragraph 2, at the moment the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, SCC BV will immediately confirm receipt of the acceptance of the offer electronically. As long as SCC BV has not acknowledged receipt of this acceptance, the consumer can terminate the purchase agreement.
- If the purchase agreement is concluded electronically, SCC BV will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, SCC BV will take appropriate security measures.
- When accepting the offer of a car, SCC BV will send the following information to the consumer in writing or in such a way that it can be accessed by the consumer in an accessible manner:
- de voorwaarden waaronder en de wijze waarop de consument van het herroepingsrecht gebruik kan maken, dan wel een duidelijke melding inzake het uitgesloten zijn van het herroepingsrecht;
- de informatie over eventuele garanties en bestaande service na aankoop.
Article 4 – Right of withdrawal
- When purchasing a car, the consumer has the option of dissolving the purchase agreement for 14 days without giving any reason. This cooling-off period starts on the day following receipt of the car by the consumer.
- During the cooling-off period, the consumer will handle the car with care. He will only use the car to the extent necessary to assess whether he wishes to keep the car. If he exercises his right of withdrawal, he will return the car with all supplied accessories including the official car documents to SCC BV, in accordance with the reasonable and clear instructions provided by SCC BV.
- If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to SCC BV within 14 days after receiving the car. After the consumer has indicated that he wants to make use of his right of withdrawal, the consumer must return the car within 14 days. The consumer must prove that the car was returned on time.
- If after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. the car has not been returned to SCC BV, the purchase is a fact.
- The risk of damage and / or loss of the car rests with the use of the right of withdrawal with the buyer until the moment of return at SCC BV, unless explicitly agreed otherwise.
- The car must be returned in one of the following three ways:
- personal return by buyer;
- return delivery by issuing an instruction to collect the car by SCC BV;
- return of the car by an officially recognized car transport company. If this option is chosen, permission must be obtained from SCC BV in advance.
Article 5 – Conformity and Warranty
- SCC BV guarantees that the car complies with the agreement, the specifications stated in the offer, with the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of conclusion of the purchase agreement and / or government regulations.
- Any guarantee provided by SCC BV does not affect the legal rights and claims that the consumer can assert against VCC BV on the basis of the purchase agreement.
Article 6 – Delivery and implementation
- SCC BV will take the greatest possible care when receiving and implementing the agreement to purchase a car.
- The place of delivery is the address that the consumer has made known to SCC BV.
- The risk of damage and / or loss of products rests with SCC BV until the moment of delivery to the consumer, unless explicitly agreed otherwise. 4. The time and method of delivery will be agreed in mutual consultation between SCC BV and the consumer.
Article 7 – Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must always be in writingvastgelegd