Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Website and contain important information for you as a buyer. Therefore, read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Article 1 Definitions
1.1 Heijnen Motors V.O.F.: established in Venlo and registered with the Chamber of Commerce under registration number 12010023 trading under the name Heijnen Motors V.O.F..
1.2 Website: the website of Heijnen Motors V.O.F., which can be consulted via www.heijnencarparts.nl and all associated subdomains.
1.3 Customer: the natural person or legal person, whether or not acting in the exercise of his profession or business, who enters into an Agreement with Heijnen Motors V.O.F. and/or has registered on the Website.
1.4 Agreement: any arrangement or agreement between Heijnen Motors V.O.F. and Customer, of which agreement the General Terms and Conditions form an integral part.
1.5 Terms and Conditions: the present General Conditions.
Article 2 Applicability General Terms and Conditions
2.1 On all offers, agreements and deliveries of Heijnen Motors V.O.F. the General Terms and Conditions apply, unless expressly agreed otherwise in writing.
2.2 If the Customer includes provisions or conditions in its order, confirmation or notification containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are for Heijnen Motors V.O.F. only binding, if and insofar as this has been done by Heijnen Motors V.O.F. expressly accepted in writing.
2.3 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those terms and conditions also apply, but in the event of conflicting terms and conditions, the Customer can always invoke the applicable provision that is most favorable to him.
Article 3 Prices and information
3.1 All on the Website and in other van Heijnen Motors V.O.F. prices quoted from materials are inclusive of VAT and, unless stated otherwise on the Website, other levies imposed by the government.
3.2 If shipping costs are charged, this will be clearly stated in good time before concluding the Agreement. In addition, these costs will be shown separately in the ordering process.
3.3 The content of the Website has been compiled with the utmost care. Heijnen Motors V.O.F. however, cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other Heijnen Motors V.O.F. originating materials are therefore subject to obvious programming and typing errors.
3.4 Heijnen Motors V.O.F. cannot be held responsible for (color) deviations due to screen quality.
Article 4 Establishment Agreement
4.1 The Agreement is concluded at the moment of acceptance by the Customer of the offer from Heijnen Motors V.O.F. and complying with the requirements set by Heijnen Motors V.O.F. stated conditions.
4.2 If the Customer has accepted the offer electronically, Heijnen Motors V.O.F. without delay by electronic means the receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed, the Customer has the option of dissolving the Agreement.
4.3 If it appears that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement, Heijnen Motors V.O.F. the right to only fulfill its obligation after the correct data has been received.
4.4 Heijnen Motors V.O.F. can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If Heijnen Motors V.O.F. has good grounds on the basis of this investigation not to enter into the Agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation, such as advance payment.
Article 5 Registration
5.1 To make optimal use of the Website, Customer can register via the registration form/account login option on the Website.
5.2 During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
5.3 The Customer must keep his login details, his username and password, strictly confidential. Heijnen Motors V.O.F. is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through Customer’s account is the responsibility and risk of the Customer.
5.4 If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and/or Heijnen Motors V.O.F. so that Heijnen Motors V.O.F. can take appropriate measures.
Article 6 Execution Agreement
6.1 As soon as the order has been placed by Heijnen Motors V.O.F. has been received, Heijnen Motors V.O.F. the products as soon as possible with due observance of the provisions of paragraph 3 of this article.
6.2 Heijnen Motors V.O.F. is entitled to engage third parties in the performance of the obligations arising from the Agreement.
6.3 On the Website, it is clearly described in time before concluding the Agreement how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
6.4 If Heijnen Motors V.O.F. cannot deliver the products within the agreed term, it will inform the Customer accordingly. In that case, the Customer can agree to a new delivery date or he will be given the opportunity to dissolve the Agreement free of charge.
6.5 Heijnen Motors V.O.F. advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing or by e-mail. For more information, see the article on warranty and conformity. Specifically for Customers acting in the exercise of their profession or business, they must report any defects within 7 days of receipt to Heijnen Motors V.O.F., after which all rights to repair, replacement, compensation, etc. lapse. have been delivered, the risk with regard to these products is transferred to the Customer. If expressly agreed otherwise, the risk will pass to the Customer earlier. If the Customer decides to collect the products, the risk will pass upon transfer of the products.
6.7 Heijnen Motors V.O.F. is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The Customer is then entitled to dissolve the Agreement free of charge and to return the product free of charge.
Article 7 Right of withdrawal / return
7.1 This article only applies if the Customer is a natural person who does not act in the exercise of his profession or business. Business Customers therefore have no right of withdrawal. The Customer has the right to terminate the distance Agreement with Heijnen Motors V.O.F. within 14 calendar days after receipt of the product, without giving any reason, to dissolve the agreement free of charge. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or: if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product; if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part; in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
7.2 Only the direct costs for the return shipment are borne by the Customer. The customer must therefore bear the return costs himself. If these costs are higher than the regular postal rate, Heijnen Motors V.O.F. an estimate of these costs. Any costs paid by the Customer for shipping and payment of the product to the Customer will be refunded to the Customer upon return of the entire order.
7.3 Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and the packaging with care. The customer will only open the packaging and use the product only insofar as this is necessary to check the nature, characteristics and functioning of the products. The starting point here is that this inspection may not go beyond what the Customer could do in a physical store.
7.4 The customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in the previous paragraph.
7.5 The Customer can dissolve the Agreement in accordance with paragraph 1 of the term set in this article by sending the model withdrawal form (digitally) to Heijnen Motors V.O.F., or in another unambiguous manner to Heijnen Motors V.O.F. indicate that he is renouncing the purchase. Heijnen Motors V.O.F. in the case of a digital report, confirms receipt of that report. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period set in paragraph 1 of this article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed. Products can be returned to: Heijnen Motors V.O.F. Kaldenkerkerweg 485 5915 PP Venlo
7.6 Amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after dissolution of the Agreement, in the same manner as the Customer paid the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Heijnen Motors V.O.F. not to refund the additional costs for the more expensive method Unless Heijnen Motors V.O.F. offers to collect the product itself, Heijnen Motors V.O.F. wait with repayment until Heijnen Motors V.O.F. has received the product or until the Customer demonstrates that he has returned the product, whichever is the earlier.
7.7 On the Website, information about whether or not the right of withdrawal applies and any desired procedure is clearly stated in good time before concluding the Agreement.
7.8 The right of withdrawal does not apply to: Products created by the entrepreneur in accordance with the consumer’s specifications; Products that can spoil or age quickly; Loose newspapers and magazines; Audio and video recordings and computer software of which the Customer has broken the seal; Products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery; The delivery of digital content other than on a material carrier if the performance has begun with the express prior consent of the Customer and he has declared that he hereby loses his right of withdrawal.
Article 8 Payment
8.1 Customer must make payments to Heijnen Motors V.O.F. according to the payment methods indicated in the ordering procedure and possibly on the Website. Heijnen Motors V.O.F. is free in the choice of offering payment methods and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
8.2 If the Customer does not meet his payment obligation(s) in time, after he has been paid by Heijnen Motors V.O.F. has been made aware of the late payment and Heijnen Motors V.O.F. the Customer has been granted a period of 14 days to still meet its payment obligations, if payment has not been made within this 14-day period, the statutory interest will be due on the amount still due, and Heijnen Motors V.O.F. entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. Heijnen Motors V.O.F. may deviate from the stated amounts and percentages to the benefit of the Client. Article
9 Warranty and Conformity
9.1 This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If Heijnen Motors V.O.F. a separate guarantee is given on the products, without prejudice to the above, this applies to all types of Customers.
9.2 Heijnen Motors V.O.F. guarantees that the products comply with the Agreement, 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 Agreement. If specifically agreed, Heijnen Motors V.O.F. also guarantees that the product is suitable for other than normal use.
9.3 A warranty provided by Heijnen Motors V.O.F., manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.
9.4 If the delivered product does not comply with the Agreement, the Customer must notify Heijnen Motors V.O.F. within a reasonable period of time after discovering the defect. to be notified thereof.
9.5 If Heijnen Motors V.O.F. If the complaint is justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation, with due observance of the article regarding liability, is equal to the price paid by the Customer for the product. Article
10 Complaints procedure
10.1 If the Customer has a complaint about a product (in accordance with the article regarding warranty and conformity) and/or about other aspects of the service provided by Heijnen Motors V.O.F., he can contact Heijnen Motors V.O.F. submit a complaint by telephone, e-mail or post. See contact details at the bottom of the Terms and Conditions.
10.2 Heijnen Motors V.O.F. will provide the Customer with a response to that complaint as soon as possible, but in any event within 7 days of receipt of the complaint. If it is not yet possible to give a substantive or final response, Heijnen Motors V.O.F. within 7 days of receipt of the complaint, confirm the complaint and indicate the period within which it expects to provide a substantive or final response to the Client’s complaint.
10.3 If (Company Name) is affiliated with an organization for alternative dispute resolution, this will be clearly stated on the Website including reference to the body. Customers who are not acting in the exercise of their profession or business may also contact https://ec.europa.eu/consumers/odr/. Article
11.1 This article only applies if the Customer is a natural person or legal entity acting in the exercise of his profession or business.
11.2 The total liability of Heijnen Motors V.O.F. against the Customer due to an attributable shortcoming in the fulfillment of the Agreement is limited to reimbursement of a maximum of the amount of the price stipulated for that Agreement (including VAT).
11.3 Liability of Heijnen Motors V.O.F. against the Customer for indirect damage, including in any case – but expressly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
11.4 Apart from the cases mentioned in the previous two paragraphs of this article, Heijnen Motors V.O.F. no liability to the Customer for damages, regardless of the grounds on which an action for damages would be based. However, the restrictions referred to in this article will lapse if and insofar as damage is the result of intent or willful recklessness on the part of Heijnen Motors V.O.F..
11.5 The liability of Heijnen Motors V.O.F. against the Customer due to an attributable shortcoming in the fulfillment of an Agreement only arises if the Customer Heijnen Motors V.O.F. immediately and properly sends written notice of default, stating a reasonable term to remedy the shortcoming, and Heijnen Motors V.O.F. continues to fail in the fulfillment of its obligations even after that period. The notice of default must contain as detailed a description as possible of the shortcoming, so that Heijnen Motors V.O.F. able to respond appropriately.
11.6 A condition for the existence of any right to compensation is always that the Customer reports the damage to Heijnen Motors V.O.F. reports.
11.7 In case of force majeure, Heijnen Motors V.O.F. not obliged to pay compensation for any damage caused to the Customer as a result.
Article 12 Retention of title
12.1 As long as the Customer has not made full payment for the entire agreed amount, all delivered goods remain the property of Heijnen Motors V.O.F..
Article 13 Personal data
13.1 Heijnen Motors V.O.F. processes the personal data of the Customer in accordance with the privacy statement published on the Website.
Article 14 Final Provisions
14.1 The Agreement is governed by Dutch law.
14.2 Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Heijnen Motors V.O.F. is located.
14.3 If a provision in these General Terms and Conditions proves to be null and void, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) to replace it, which will give shape to the intention of the original provision as far as legally possible.
14.4 In these General Terms and Conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.
Heijnen Motors V.O.F. Kaldenkerkerweg 485 5915 PP Venlo
Tel: 077 351 65 93
Chamber of Commerce: 12010023