General conditions for entrepreneurs

1. Offer - acceptance

(1) These General Conditions apply to all contracts, deliveries and other services between AutoStickerOriginal, Lies Bakhuyzenlaan 20, NL-1066 CJ Amsterdam - the Netherlands - Telephone number 0031 653154693 (not free)  - Chamber of commerce number 34080160 - company VAT number  NL16662724B01 - hereinafter referred to as ‘Seller’ - and its customers and all (other) legal acts and legal relationships related therewith or resulting therefrom. Applicability of any purchase conditions or other terms and conditions of the customer is explicitly rejected. In the event of invalidity of any provision of the General Conditions, the remaining provisions shall remain in force.

(2) The Seller offers for sale to clients in the online shop www.AutoStickerOriginal.de in particular paint stickers to repair paint damages to vehicles. This range applies only to customers in the following countries: the Netherlands

(3) The description of the products in the online shop of the Seller is not intended as an offer to conclude a purchase agreement, but it is only intended to inform the customer. When the customer places an order, he/she makes the Seller an offer to conclude a purchase agreement.

(4) With the order, the customer makes a binding offer to conclude an agreement with the Seller. By sending the order confirmation by e-mail to the customer or the delivery of the ordered goods, the Seller may accept this offer within two weeks. The customer first receives an e-mail confirmation at the e-mail address specified by the customer that the order has been received (order confirmation). However, a purchase agreement is only concluded at the time the Seller provides the customer with the order confirmation by e-mail or when the ordered goods are delivered.

(5) For orders via the Seller’s online shop, the order process takes place in four steps. First, the customer selects the desired goods. In the second step, the customer fills in his/her customer information including a billing address and a possibly a different delivery address. In the third step, the customer chooses the payment method. Finally, the customer has the option to check all data (e.g. name, address, payment method, items ordered) once again and if necessary to make adjustments, before sending the order to the Seller by clicking on the ‘send order’ button.

(6) The text of the agreement and the general terms and conditions are saved. The customer can print these before sending his/her order to the Seller, by clicking on the ‘print’ button during the final step of the order process. At the customer’s request, the Seller will send the order confirmation and an order confirmation with the order information and the General Conditions to the customer at an e-mail address specified by the customer.

(7) The customer warrants that the person who places an order on behalf of the customer is authorised to conclude the agreement with the Seller.

 

2. Prices/dispatch costs

The agreed prices are payable. All prices are final prices, which include VAT and dispatch costs. The dispatch costs are taken into account in the total amount.

 

3. Payment terms

(1) Payment can be made either through prepayment, bank transfer, PayPal, credit card or on account. The Seller reserves the right to exclude individual payment methods. If the customer selects prepayment, then the Seller will provide the customer with Seller’s bank details in the order confirmation. The invoice amount must be transferred to the Seller’s bank account within 14 days.

(2) The customer receives a written invoice immediately after the order of the goods.

(3) Customers who do not pay in full within the agreed period, are in default after the expiry of this period without any notice of default being required. In that case, the customer will owe interest from the date on which the amount became due until the date of payment of the outstanding amount in accordance with the statutory commercial interest rate of article 6:119 Dutch Civil Code (BW), all without prejudice to the other rights of the Seller. If the customer does not pay the outstanding amounts within the agreed period, the Purchaser will forfeit an immediately due and non-deductible penalty of 15% of the outstanding debt, without prejudice to other remedies of the Seller under these General Conditions and/or applicable law, including the right to damages.

(4) The customer only has the right to offset amounts if his/her counterclaims are legally established, undisputed or are recognized by the Seller. Moreover, he/she is only entitled to use his/her right of retention insofar as the counterclaim arises from the same contractual relationship.

 

4. Delivery conditions / delivery date

(1) The delivery takes place at the delivery address provided by the customer, insofar as not contractually agreed otherwise and the delivery address is located in one of the countries referred to under point 1 (2) of these General Conditions. (2) The specified delivery period is generally not final, unless the Seller by way of an exception has made a binding commitment ??regarding a particular delivery period. If the ordered goods are in stock in the warehouse and it has been agreed that the amount will be prepaid, the Seller will dispatch the goods within 5 business days after the payment has been received.

(3) The Seller is entitled to discharge itself from its obligation to fulfil the agreement, if the stock of goods until the day on which the goods must be delivered to the customer cannot be or can only partially be supplied by a supplier without own supplies, without any blame being attached to the Seller for the failure to deliver. The Seller can in no way be blamed if it has concluded a sufficiently similar replacement agreement with its supplier with respect to the delivery. If the own supply does not take place, then the Seller will immediately notify the customer and repay to the customer any purchase price that was paid, including dispatch costs.

(4) The customer is obliged to accept the goods at the agreed place(s) on first presentation at the time the Seller delivers them or has them delivered, or the moment at which these goods are made available to the customer in accordance with the agreement. If the customer is in default in this respect, then the resulting damage and costs are for his/her account.

 

5. Dispatch/transfer of risk

(1) If it is necessary to dispatch the ordered goods, this shall take place from the office of the Seller at the risk and expense of the customer. Unless otherwise agreed, the Seller is free to choose the transport company and means of transport. The risk of losing or damaging the goods when delivering the purchased goods to the forwarding agent, carrier or other person or body designated with the execution of the dispatch, is for the account of customer.

(2) When a carriage paid delivery has been agreed, the risk will pass to the customer at the time of dispatch from the office of the Seller.

(3) If the customer wishes, the Sender will conclude a transport insurance for the delivery. The costs associated with this will be borne by the customer.

 

6. Guarantee and complaints

(1) Complaints cannot be submitted regarding minor product deviations that are customary in commerce, or regarding variations in quality and appearance.

(2) The customer should check the goods supplied at delivery or within 2 working days. If the delivered goods have a defect upon delivery to the customer, the following provisions apply for the customer.

(3) Complaints must be notified by the customer to the Seller in writing. The complaints must contain a precise indication of the nature and grounds of the complaint. The customer has the right to return the goods within 5 working days after the written notification.

(4) In the case of a timely complaint, the Seller has the right to fulfil his obligation again. If the Seller is again unable to fulfil his obligations, the customer may demand a reduction of the purchase price or rescind the agreement. In the event of damage caused by improper handling by the customer in the use or storage of the goods, the rights of the customer under the guarantee lapse. In all other respects the statutory provisions apply.

(5) Communications by or on behalf of the Seller regarding the quality, composition, application, properties and handling of the goods delivered only apply as a guarantee if they have been confirmed by the Seller expressly and in writing in the form of a guarantee.

 

7. Liability

(1) The Seller has unlimited liability if and insofar as the damage is the result of intent or deliberate recklessness, negligence resulting in death, injury or illness, defects which he has deliberately concealed, on the basis of product liability and other mandatory liability requirements or in the event where a quality and durability guarantee has been issued.

(2) In the event of a culpable breach of essential obligations (obligations that in the event of non-fulfilment put the achievement of the objectives of the agreement at risk) as well as in cases of a breach of so called core performances, (which make the regular implementation of the agreement possible and on which the customer regularly relies), the Seller is liable also in the event of culpable negligence.

(3) Where under the provisions of this Article any liability rests with the Seller, this liability is limited to compensation of the direct damage sustained by the customer provided for at the time of conclusion of the agreement and which is characteristic of the agreement, to a maximum amount of the invoice for the relevant agreement or order.

(4) Other claims for compensation, especially as a result of financial loss by the customer, are excluded.

(5) The customer is responsible for the accuracy, up-to-dateness and completeness of all information provided by it, including but not limited to address and payment data. The Seller is not liable for any damage arising from the information provided by the customer that proves to be incorrect, incomplete or not up-to-date.

(6) Where the liability of the Seller is excluded or limited, this also applies to the personal liability of employees, representatives and assistants of the Seller.

(7) The condition for the existence of any right to damages is always that the customer notifies the Seller of the existence of the damage as soon as possible after the occurrence thereof in writing.

 

8. Retention of title

The Seller retains ownership of the purchased goods until the moment that all payments arising from the agreement have been received.

 

9. Data protection

During the preparation, closure, finalisation and dissolution of a purchase agreement, the Seller will request, store and process data within the framework of the statutory provisions. When visiting our website, the computer IP address, date and time, the type of browser and operating system of your computer as well as the pages viewed by the customer are recorded. However, on the basis of this, the Seller is not allowed and does not intend to draw conclusions with respect to personal data. Cookies may be used to collect data, whereby the data will be collected and stored exclusively anonymously or under a pseudonym and nothing can be inferred therefrom regarding the person of the customer.

The personal data that the customer provides to the Seller, for example with an order or in e-mail communications (such as its name and contact information) will be used only for correspondence with the customer and processed only for the purpose for which the customer made the data available to the seller. The Seller gives customer data only to the transport company charged with the delivery, to the extent that this is required for the delivery of the goods. For the processing of payments, the Seller will give the customer’s payment details to the credit institution responsible for payment.

The Seller also guarantees that it will not provide the customer’s personal data to other third parties, unless the Seller is obliged to do so by law or the customer has provided its prior explicit consent. Where the Seller uses third party services for the implementation and completion of processing, the provisions of the Data Protection Act (Wet bescherming persoonsgegevens) will be observed.

Duration of storage

Personal data that is communicated to the Seller via the website of the Seller is only stored until the moment when the purpose for which they were entrusted to the Seller is achieved. To the extent that commercial and tax law retention obligations should be respected, the duration of storage of certain data may be up to 7 years.

Rights of the customer

Should the customer not agree to the storage of his/her personal data or should this data is no longer be correct, the Seller will provide, in accordance with such a request within the framework of the law for the cancellation, correction or blocking of data of the customer. Upon request, the customer will receive, free of charge, information about all personal data that the Seller has stored relating to him/her. For questions about the collection, processing or use of personal data, for information, correction, blocking or deletion of data, the customer should contact:

 

AutoStickerOriginal - P.O. Box 152 – 1170 AD Badhoevedorp - Netherlands or

mail@carstickeroriginal.com

Please submit your request in English or Dutch.

 

10. Termination and suspension

(1) Termination of the agreement may only take place in writing. Termination of the agreement by virtue of an attributable breach is permitted only after a detailed written notice of default with a reasonable deadline for compliance.

(2) If the customer or the Seller has suspended payments or is likely to suspend payments, the bankruptcy of the customer or the Seller has been requested, is in a state of bankruptcy, ceases operation of the enterprise or a decision is made to terminate the legal entity, the customer or the Seller is entitled to terminate the agreement without judicial intervention in writing with immediate effect.

(3) In the event of termination of the agreement, no revocation of what the Seller has already delivered and the related payment will take place, unless the customer proves that the Seller is in default in respect of the substantial part of that performance. Amounts that the Seller has invoiced before the termination in connection with what the Seller has already properly performed or delivered in the implementation of the agreement, remain payable without prejudice to the previous sentence and are immediately due and payable at the moment of termination.

(4) If the customer fails to fulfil any obligation vis-à-vis the Seller, the Seller is entitled to suspend his performance on the basis of the agreement without judicial intervention, all without prejudice to the other legal rights of the Seller in such a case.

 

11. Place of performance of the obligation and jurisdiction

(1) The agreement between the Seller and the customer is governed by Dutch law. The applicability of the Vienna Sales Convention (Weens Koopverdrag) is excluded.

(2) If the customer is a trader, legal entity under public law or public law fund, disputes will be submitted to the Amsterdam district court.


 

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