General Terms and Conditions of Autopar, established in Leeuwarden
Version valid from 01-01-2010
Handelsonderneming Drive is mentioned in the general terms and conditions as Drive and Autopar – The customer can be referred to as customer, you, consumer, client and / or customer.
1.1 These general terms and conditions apply to all offers of Autopar. The conditions are accessible to everyone and included on the internet site of Autopar. On request we will send you a written copy.
1.2 By placing an order you indicate that you agree with these general terms and conditions and delivery and payment conditions. Autopar reserves the right to change its delivery and / or payment conditions after the term has expired.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Autopar.
1.4 Autopar guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while supplies last.
2.2 Under the rules of distance selling, Autopar will execute orders at least within 30 days. If this is not possible (because the order is out of stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, the consumer will receive within 1 month after placing the order message and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of Autopar will be met, subject to proof to the contrary, as soon as the goods delivered by Autopar have been offered to the customer once. In case of home delivery, the report of the carrier, containing the refusal of acceptance, serves as full proof of the offer of delivery.
2.4 All terms mentioned on the website are indicative. No rights can therefore be derived from the aforementioned periods.
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in EURO.
3.4 When indicated, the margin scheme is applied to our products. This means that VAT is already levied on used products, unless stated otherwise, and is therefore not charged on. This is clear on the (digital) invoice obtained.
- Viewing period / right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts when the ordered goods have been delivered. If the customer has not returned the delivered goods to Autopar after this period, the purchase is a fact. Before returning, the customer is obliged to report this in writing to Autopar within the period of 14 days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolve within the meaning of this paragraph lapses. With due observance of the provisions in the previous sentence, Autopar ensures that the full purchase amount will be refunded to the customer within 30 days after proper receipt of the return shipment. Returning the delivered goods is entirely at the expense and risk of the customer. Autopar ensures that the full purchase amount will be refunded to the customer within 30 days after proper receipt of the return shipment. Returning the delivered goods is entirely at the expense and risk of the customer. Autopar ensures that the full purchase amount will be refunded to the customer within 30 days after proper receipt of the return shipment. Returning the delivered goods is entirely at the expense and risk of the customer.
4.2 Repayment term and form: The return payment of the purchased product is transferred within 14 days after receipt by Autopar to the account number with which the order was paid, in case of Paypal or other similar payment, this purchase method is also used as a return payment method unless otherwise decided by Autopar. .
4.3 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods.
4.4 The right of withdrawal does not apply to:
• services whose performance, with the consent of the consumer, has started for the period of seven working days
• goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence
• goods that are manufactured according to the consumer’s specifications, for example custom work, or that have a clear personal character
• audio and video recordings and computer software of which the consumer has broken the seal
4.5 If road maps are purchased from Autopar, they cannot be returned unless it is returned in its original packaging. The foil containing the navigation DVD / DVD cover must not be broken / broken / torn or missing entirely.
4.6 Specially ordered parts on license plate or chassis number such as disc brakes, wiring sets, wiring, software, radios, navigation systems, rear lights, headlights, wear parts, brake parts, engine parts, body parts, interior parts, paints / oils, clutch plates, pressure groups, timing belts, sealing rubbers, window rubbers, timing belt sets , running gear, etc. are not returned after delivery.
- Data management
5.1 If you place an order with Autopar, your data will be included in the customer file of Autopar. Autopar adheres to the Data Protection Act and will not provide your information to third parties.
5.2 Autopar respects the privacy of the users of the internet site and ensures confidentiality of your personal data.
5.3 Autopar sometimes uses a mailing list. Each mailing contains instructions to remove yourself from this list.
6.1 Autopar guarantees that the products delivered by it meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and thereby guarantees the manufacturer’s warranty for the product delivered to you. If the factory warranty has already expired due to a used (margin) product, or for any other reason, you will receive a standard 3-month warranty (unless stated otherwise) on the operation of the product from Autopar.
6.2 The warranty period of Autopar corresponds to the factory warranty period. Autopar is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer (before returning to Autopar) must report these defects immediately in writing or by e-mail to Autopar. Any defects or incorrectly delivered goods must and can be reported to Autopar in writing or by e-mail up to a maximum of 3 days after delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after detection of defect, damage caused after detection of defect, encumbrance and / or resale after detection of defect,
6.4 If complaints from the customer are found to be well-founded by Autopar, Autopar will, at its option, replace the delivered goods free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of Autopar and provided that the amount of the compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at the option of Autopar) to the maximum in the relevant case covered by the liability insurance of Autopar. Any liability of Autopar for any other form of damage is excluded, including additional compensation in any form, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 Autopar is not liable for damage caused intentionally or equivalent deliberate recklessness on the part of non-managerial staff or improper action.
6.6 Autopar offers a standard 3-month warranty on its products, unless stated otherwise. If the product does not function properly, it is possible to exchange the product for a comparable product (to be determined at all times by Autopar) or to receive the purchase amount within 14 days of receipt.
6.7 The warranty does not apply if: A) and as long as the customer is in default towards Autopar; B) the customer has parried and / or processed the delivered goods or has them repaired or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise handled carelessly or have been treated in violation of the instructions of Autopar and / or instructions on the packaging; D) the defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used; E) the installation of an Autopar product is carried out by a company or private individual that is not recognized by Autopar, or has been appointed as installation location / company by Autopar at the time of delivery of the product.
6.8 The correct functioning of our delivered products and materials as such is only promised if it has been correctly installed, installed and / or mounted by a fitting company recognized by Autopar. When Autopar or one of its proposed installation companies assembles / installs the products for you, an original Volkswagen / VAG base / surface is assumed.
6.9 If the customer chooses to install a product in-house, we cannot guarantee that it will function correctly. In most cases, after proper installation, a product must be programmed to ensure correct operation. This is very specialized. We can take care of this for the customer. We also do not provide technical, telephone or email support if the customer has this product installed elsewhere.
6.10 There is a 3-month warranty scheme for repaired Autopar. Autopar is never responsible for repairs that are needed on radios, navigation systems, parking sensors (sets), (reversing) camera after a repair has already taken place and cannot be caused by Autopar. Systems can fail in several areas. Firmware and hardware on offered repairs can be replaced in their entirety during and after repair. Autopar is therefore never responsible for lost files, items and / or software that are supplied with the product, device or system / set that was not originally supplied with the product, device or system / set.
6.11 When Autopar provides a product / item / (installation) service / service in one of its proposed installation locations, this product / item / (installation) service / service is covered by Autopar’s warranty, unless the product / item / (installation) service / service according to points 6.3 and 6.5 is no longer eligible for warranty, then the costs for installation / removal for product / item / (built-in) service / service of the customer.
- Offers, Discounts and Discount Codes
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Autopar reserves the right to revoke or deviate from the offer within the period of 5 working days after receipt of that acceptance.
7.3 Verbal promises of point 7 only bind Autopar after they have been confirmed in writing by Autopar.
7.4 Autopar offers do not automatically apply to repeat orders.
7.5 Autopar cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only effective if agreed in writing.
7.7 Discounts and / or discount codes are offered temporarily. The period in which a discount code is offered is binding. This means that the discount only applies to the stated period unless otherwise agreed in writing. Outside this period, no claim can be made on the discount codes and / or discount promotions that have expired at that time. A discount is only applied when the discount code has been applied, when a product is ordered in a discount period without indicating the discount code when ordering, the total amount on the invoice applies.
8.1 An agreement between Autopar and a customer is concluded after an order assignment by Autopar has been assessed on feasibility.
8.2 Autopar reserves the right, without giving reasons, not to accept orders or orders or to accept them only on the condition that the shipment is made by cash on delivery or after payment in advance.
- Pictures and specifications
9.1 All pictures; photos, drawings, texts, etc .; information about weights, dimensions, colors, images of labels, etc. on the internet site of Autopar are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
- Force majeure
10.1 Autopar is not liable if and insofar as its obligations cannot be met due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delays or defaults by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, supplier negligence and / or manufacturers of Autopar as well as auxiliary persons, illness of personnel, defects in aids or means of transport explicitly count as force majeure.
10.3 In the event of force majeure, Autopar reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is Autopar obliged to pay any fine or compensation.
10.4 If Autopar has already partially fulfilled its obligations upon commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as it was a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 Autopar is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging / manual / information by e-mail or telephone and / or consult our website.
11.2 When Autopar repairs a radio / navigation system or other (multimedia) device and the complaint occurs again within 3 months, this is covered by the warranty scheme.
11.3 Repairs of radio / navigation systems and other types of parts / products are at the risk of the customer. When a device is offered to Autopar for repair, it can never be held liable for any other / other damage or complaints in the broadest sense of the word resulting from the repair of Autopar
11.4 Autopar may at all times decide not to proceed with the repair due to the provision of incorrect or incomplete information from the customer. This means that the agreement lapses and the radio / navigation device is returned in the state in which it is at the time. Even when Autopar has made repairs to the system or repairs have already taken place by Autopar.
11.5 There is a 3-month warranty scheme for repaired Autopar. Autopar is never responsible for repairs that are needed on radios, navigation systems, parking sensors (sets), (reversing) camera after a repair has already taken place and cannot be caused by Autopar. Systems can fail in several areas. Firmware and hardware on offered repairs can be replaced in their entirety during and after repair. Autopar is therefore never responsible for lost files, items and / or software that are supplied with the product, device or system / set that was not originally supplied with the product, device or system / set.
11.7 The proposed installation locations of Autopar are stand-alone companies that are proposed by Autopar and are recognized as an approved installation location, tested for professional installation / assembly / disassembly and programming. If you decide to have the Autopar product built-in / assembled / delivered by a proposed installation location of Autopar in the broadest sense of the word, you hereby agree with the relevant proposed installation location.
11.8 Autopar can never be held liable for any errors and / or misconduct or consequential damage when assembling and / or installing your products / materials that you have purchased from Autopar. The installation / assembly of an Autopar product at a proposed installation location / assembly company is a separate agreement with the company concerned.
11.9 We expect that the customer, being a private individual or company size, will immediately check his assembled / built-in items after installation at a proposed installation location for (finishing) operation and possible abuses such as damage and / or failure to function. This at all times immediately after installation / collection of the vehicle. When the vehicle has left the installation location, the customer agrees to the work performed and the condition of his vehicle. We therefore advise the customer at all times to demonstrate any damage to the vehicle with before and after photos.
11.10 In case of export, Autopar is responsible from the items sent to the address of the freight forwarder located in the Netherlands or Belgium. Any costs / damage that result from this are the responsibility of the importer of our goods. FOR applies.
11.11 Unless expressly stated by our mechanics, in the context of your and our safety, the customer is not allowed to enter the workshop before, during and after installation / repair / assembly on the vehicle. During your visit to one of our proposed installation locations, video equipment (possibly supported by audio recordings) may record and record your visit. If the customer does not agree with this, you should not use our proposed installation locations.
of title 12.1 Ownership of all goods sold and delivered by Autopar to the customer remains with Autopar as long as the customer has not paid Autopar’s claims under the agreement or earlier or later similar agreements, as long as the customer the work performed or yet to be performed from these or similar agreements has not yet been paid and as long as the customer has not yet paid Autopar’s claims due to failure to comply with such obligations, including claims regarding fines, interest and costs, as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Autopar that fall under the retention of title may only be resold in the context of normal business activities and may never be used as a means of payment.
12.3 The customer is not authorized to pledge the goods falling under the retention of title or to encumber them in any other way.
12.4 The customer already gives unconditional and irrevocable permission to Autopar or a third party to be appointed by Autopar to enter, in all cases in which Autopar wishes to exercise its property rights, all those places where its properties will be located and take those things there.
12.5 If third parties seize goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Autopar of this as soon as can reasonably be expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at Autopar upon first request.
12.7 The customer is aware that Autopar has no relationship with Volkswagen, Audi, Skoda and Seat Nederland (VAG) and is not an official or otherwise part of this.
- Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 The competent court within the district of Leeuwarden will take cognizance of disputes arising from an agreement between Autopar and the buyer that cannot be resolved by mutual agreement, unless Autopar prefers the difference to the competent court of to submit the domicile of the buyer, and with the exception of those disputes that fall within the competence of the subdistrict court.
Every Autopar customer automatically agrees to these general terms and conditions when he enters into any form of agreement via Autopar, either verbally / in writing or after completion of the installation, repair, assembly, delivery or service. If the customer does not agree with these general / sales conditions, the customer should not use Autopar or its proposed installation locations for any repair / purchase / installation / assembly / renovation or delivery of a product or service offered by Autopar or its proposed installation locations.