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Terms and Conditions GHMparts.com

The following terms and conditions apply to all orders and actions performed by GHMparts.com

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period
    The period within which the consumer can make use of their right of withdrawal;
  • Consumer
    The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Day
    Calendar day;
  • Continuing performance contract
    A distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
  • Durable medium
    Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal
    The possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur
    The natural or legal person who is a member of the Dutch Home Shopping Organization and offers products and/or services to consumers from a distance;
  • Distance contract
    A contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
  • Technology for distance communication
    Means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space at the same time;

 

Article 2 - Identity of the entrepreneur

 

Business & Visiting Address:

Goedhart Motoren bv.

Europaweg 1d
2411 NE Bodegraven 

Telephone number: 0172-650005

Email address:
info@goedhartmotoren.nl

Chamber of Commerce number:
29036461

VAT identification number:
NL812536198B02

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur 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, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made under certain conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. 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 what actions are required for this;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, or execution of the agreement;
  • The period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • The level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the used communication method;
  • Whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
  • The way in which the consumer can check and, if desired, correct the information provided by them in the context of the agreement before concluding it;
  • The possible languages in which, besides Dutch, the agreement can be concluded;
  • The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
  5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
    • A. The visiting address of the entrepreneur's business where the consumer can lodge 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 existing after-sales services and guarantees;
    • D. The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these 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 a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal upon delivery of products

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This 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 entrepreneur.
  2. During this period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging within 14 days after dissolving the purchase, in accordance with the reasonable and clear instructions provided by the entrepreneur.

In case of delivery of services:

  1. When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement.
  2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises their right of withdrawal, at most the costs of return shipment are at their expense.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

  1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • A. That have been created by the entrepreneur in accordance with the consumer's specifications;
    • B. That are clearly personal in nature;
    • C. That cannot be returned due to their nature;
    • D. That spoil or age quickly;
    • E. Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  3. Exclusion of the right of withdrawal is only possible for services:
  • A. Regarding accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period;
  • B. Whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
  • C. Regarding bets and lotteries.

Article 9 - The price

  1. During the validity period 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.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
    • A. They are the result of statutory regulations or provisions; or
    • B. The consumer has the authority to terminate the agreement on the day the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing 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. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to dissolve the agreement without costs.
  4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
  5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and understandably reported that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment are at the entrepreneur's expense.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuing performance contracts: duration, termination, and renewal

Termination:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
  3. The consumer can terminate the agreements mentioned in the previous paragraphs:
  • At any time and not be limited to termination at a specific time or in a specific period;
  • At least terminate in the same way as they were entered into by them;
  • Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

  1. An agreement 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 renewed or extended for a definite period.
  2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  3. An agreement 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 can terminate at any time with a notice period of no more than one month and a notice period of no more than 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.
  4. An agreement with limited duration for regular delivery for introduction purposes 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.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

  1. 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 an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
  2. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question before the stipulated advance payment has taken place.
  3. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
  4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.

Article 15 - Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Article 16 - Additional or different provisions

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