Terms and conditions
Terms and conditions | Scandcar B.V.
Introduction
Below you will find our General Terms and Conditions. They apply every time you use our Website or place an order through it, and they contain important information for you as a buyer. We therefore ask you to read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can refer to them later.
Article 1 Definitions
1.1 Scandcar B.V.: having its registered office in Moergestel and registered with the Kamer van Koophandel (Netherlands Chamber of Commerce) under number 18034497, trading under the name Scandcar B.V..
1.2 Website: the website of Scandcar B.V. on which these General Terms and Conditions are published, and all its subdomains.
1.3 Customer: the natural or legal person, whether or not acting in the course of a trade, business or profession, who enters into an Agreement with Scandcar B.V. and/or has registered on the Website.
1.4 Agreement: any agreement or contract between Scandcar B.V. and the Customer of which the General Terms and Conditions form an integral part.
1.5 General Terms and Conditions: these General Terms and Conditions.
Article 2 Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers, all agreements and all deliveries of Scandcar B.V., unless expressly agreed otherwise in writing.
2.2 If the Customer includes in its order, confirmation or acceptance any provisions or conditions that differ from the General Terms and Conditions or are not contained in them, those provisions or conditions shall only bind Scandcar B.V. if and insofar as Scandcar B.V. has expressly accepted them in writing.
2.3 If, in addition to these General Terms and Conditions, specific conditions relating to products or services also apply, those conditions shall also apply; however, in the event of conflicting conditions, the Customer may always rely on the applicable provision that is most favourable to them.
Article 3 Prices and information
3.1 All prices stated on the Website are shown excluding VAT. For Customers within the European Union, VAT is added in the checkout, before the Agreement is concluded. Customers outside the European Union pay no Dutch VAT; any import duties, taxes and other charges levied in the Customer's country are for the Customer's account. Prices are in euros; the Customer can also choose to have prices shown in US dollars.
3.2 If shipping costs are charged, this will be stated clearly and in good time before the Agreement is concluded. These costs will also be shown separately during the ordering process.
3.3 The content of the Website has been compiled with the greatest care. However, Scandcar B.V. 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 materials from Scandcar B.V. are therefore subject to obvious programming and typing errors.
3.4 Scandcar B.V. is not liable for (colour) differences resulting from the quality of the screen.
Article 4 Conclusion of the Agreement
4.1 The Agreement is concluded at the moment the Customer accepts the offer of Scandcar B.V. and meets the conditions set by Scandcar B.V. for this purpose.
4.2 If the Customer has accepted the offer electronically, Scandcar B.V. will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed, the Customer may dissolve the Agreement.
4.3 If it turns out that the Customer provided incorrect information when accepting or otherwise concluding the Agreement, Scandcar B.V. shall be entitled to fulfil its obligations only after it has received the correct information.
4.4 Within the limits of the law, Scandcar B.V. may find out whether the Customer is able to meet its payment obligations, as well as all facts and factors relevant to entering into the Agreement responsibly. If, as a result of this check, Scandcar B.V. has good reason not to enter into the Agreement, it shall be entitled to refuse an order or request, stating its reasons, or to attach special conditions to its execution, such as payment in advance.
Article 5 Registration
5.1 To make optimal use of the Website, the Customer can register using the registration form / account creation function on the Website.
5.2 During the registration process, the Customer chooses a username and password with which they can log in to the Website after registration. The Customer is solely responsible for choosing a sufficiently secure password.
5.3 The Customer must keep their login details, i.e. their username and password, strictly confidential. Scandcar B.V. is not liable for misuse of the login details and may always assume that a Customer who logs in to the Website is actually that Customer. Everything that happens through the Customer's account is the responsibility and risk of the Customer.
5.4 If the Customer knows or suspects that their login details have fallen into the hands of unauthorised persons, they must change their password as soon as possible and/or inform Scandcar B.V., so that Scandcar B.V. can take appropriate measures.
Article 6 Performance of the Agreement
6.1 As soon as Scandcar B.V. has received the order, it will ship the products as soon as possible, taking into account the provisions of paragraph 3 of this article.
6.2 Scandcar B.V. is entitled to engage third parties to fulfil its obligations under the Agreement.
6.3 The method of delivery and the period within which the products will be delivered are described clearly and in good time on the Website before the Agreement is concluded. If no delivery period has been agreed or stated, the products will in any case be delivered within 30 days.
6.4 If Scandcar B.V. is unable to deliver the products within the agreed period, it will inform the Customer. In that case, the Customer may accept a new delivery date or dissolve the Agreement free of charge.
6.5 Scandcar B.V. recommends that the Customer inspects the delivered products and reports any defects found within a reasonable period, preferably in writing or by email. See also the article on warranty and conformity. In particular, Customers acting in the course of a trade, business or profession must report any defects to Scandcar B.V. within 7 days of receipt; after that period, any right to repair, replacement, compensation for damage, etc. lapses.
6.6 As soon as the products have been delivered to the delivery address given, the risk in those products passes to the Customer. If expressly agreed otherwise, the risk passes to the Customer at an earlier moment. If the Customer chooses to collect the products in person, the risk passes at the moment the products are handed over.
6.7 Scandcar B.V. is entitled to deliver a similar product of similar quality to the product ordered if the product ordered is no longer available. In that case, the Customer is entitled to dissolve the Agreement free of charge and to return the product free of charge.
Article 7 Right of withdrawal/returns
7.1 This article only applies if the Customer is a natural person who is not acting in the course of a trade, business or profession. Business Customers therefore have no right of withdrawal. The Customer has the right to withdraw from the distance Agreement concluded with Scandcar B.V. free of charge and without giving reasons within 14 calendar days of receiving the product. The period starts on the day after the Customer, or a third party designated in advance by the Customer other than the carrier, has received the product, or:
if the Customer has ordered several products in one order: from the day on which the Customer, or a third party designated by the Customer, has received the last product;
if the delivery of a product consists of several shipments or parts: from the day on which the Customer, or a third party designated by the Customer, has received the last shipment or the last part;
in the case of Agreements for the regular delivery of products during a certain period: from the day on which the Customer, or a third party designated by the Customer, has received the first product.
7.2 Only the direct costs of returning the product are for the Customer's account. The Customer must therefore bear the return costs themselves. If these costs exceed the normal postal rate, Scandcar B.V. will provide an estimate of them.
The costs the Customer has paid for the shipping and payment of the product will be refunded if the complete order is returned.
7.3 During the withdrawal period referred to in paragraph 1, the Customer shall handle the product and its packaging with care. The Customer shall only unpack and use the product to the extent necessary to establish the nature, characteristics and functioning of the products. The guiding principle is that this inspection may not go further than what the Customer could do in a shop.
7.4 The Customer is only liable for any reduction in the value of the product resulting from handling the product beyond what is permitted in the previous paragraph.
7.5 The Customer can withdraw from the Agreement within the period referred to in paragraph 1 of this article by sending Scandcar B.V. the model withdrawal form (digitally), or by informing Scandcar B.V. of their decision to withdraw from the purchase in any other unequivocal way. If the notification is made digitally, Scandcar B.V. will confirm receipt of it. After withdrawal, the Customer still has 14 days to return the product. It is also possible to return the product directly within the cooling-off period referred to in paragraph 1 of this article, provided that the model withdrawal form or another unequivocal statement of withdrawal is enclosed.
Products can be returned to:
Scandcar B.V.
afd retouren (returns department)
Heizenschedijk 6
5066PL Moergestel
Register your return here and download a return form Register your return
Returns that are not accompanied by a return form will not be processed.
7.6 Amounts already paid (in advance) by the Customer will be refunded as soon as possible and in any case no later than 14 days after withdrawal from the Agreement, using the same payment method the Customer used to pay for the order. If the Customer has chosen a more expensive delivery method than the cheapest standard delivery, Scandcar B.V. is not obliged to refund the additional costs of the more expensive method. Unless Scandcar B.V. offers to collect the product itself, Scandcar B.V. may withhold the refund until it has received the product or until the Customer has shown that they have returned the product, whichever is earlier.
7.7 The Website states clearly and in good time, before the Agreement is concluded, whether or not the right of withdrawal applies and, if so, the procedure required.
7.8 The right of withdrawal does not apply to:
Products made by the trader in accordance with the consumer's specifications; Products that can deteriorate or expire quickly;
Individual newspapers and magazines;
Audio and video recordings and computer software whose seal has been broken by the Customer;
Products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
The supply of digital content not supplied on a tangible medium, where performance has begun with the Customer's prior express consent and the Customer has declared that they thereby lose their right of withdrawal.
7.9 Conditions for returns
A returned product must be returned clean and in its original packaging.
Any costs of cleaning the product and preparing it for resale will be deducted from the amount to be refunded.
Article 8 Payment
8.1 The Customer must make payments to Scandcar B.V. using the payment methods stated in the ordering process and, where applicable, on the Website. Scandcar B.V. is free to choose the payment methods it offers, which may also vary from time to time. In the case of payment after delivery, the Customer has a payment period of 14 days from the day after delivery.
8.2 If the Customer fails to meet its payment obligations on time, after Scandcar B.V. has notified the Customer of the late payment and granted a period of 14 days to still meet its payment obligations, then in the event of non-payment within that 14-day period the Customer shall owe statutory interest (wettelijke rente, under Dutch law) on the amount still due, and Scandcar B.V. shall be entitled to charge the extrajudicial collection costs it has incurred. 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. Scandcar B.V. may deviate from the stated amounts and percentages in the Customer's favour.
Article 9 Warranty and conformity
9.1 This article only applies to a Customer who is not acting in the course of a trade, business or profession. If Scandcar B.V. gives a separate warranty on products, that warranty applies, notwithstanding the foregoing, to all types of Customers.
9.2 Scandcar B.V. warrants 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 in force on the date the Agreement is concluded. If specifically agreed, Scandcar B.V. also warrants that the product is suitable for other than normal use.
9.3 A warranty offered by Scandcar B.V., the manufacturer or the importer does not affect the statutory rights and claims that the Customer already has and can assert under the Agreement.
9.4 If the delivered product does not comply with the Agreement, the Customer must inform Scandcar B.V. within a reasonable period after discovering the defect.
9.5 If Scandcar B.V. considers the complaint to be justified, the products concerned will be repaired, replaced or refunded in consultation with the Customer. The maximum refund, taking into account the article on 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 (within the meaning of the article on warranty and conformity) and/or other aspects of the services of Scandcar B.V., the Customer can submit a complaint to Scandcar B.V. by telephone, by email or by post. See the contact details at the end of the General Terms and Conditions.
10.2 Scandcar B.V. will respond to the Customer's complaint as soon as possible and in any case within 7 days of receiving the complaint. If a substantive or final response is not yet possible, Scandcar B.V. will, within 7 days of receiving the complaint, acknowledge receipt of the complaint and state the period within which it expects to give a substantive or final response to the Customer's complaint.
Article 11 Liability
11.1 This article only applies if the Customer is a natural or legal person acting in the course of a trade, business or profession.
11.2 The total liability of Scandcar B.V. towards the Customer for attributable failure in the performance of the Agreement is limited to compensation of a maximum amount equal to the price agreed for that Agreement (including VAT).
11.3 The liability of Scandcar B.V. towards the Customer for indirect damage is excluded, including in any case – but expressly not limited to – consequential damage, loss of profit, lost savings, loss of data and damage due to business interruption.
11.4 Apart from the cases referred to in the two previous paragraphs of this article, Scandcar B.V. has no liability whatsoever towards the Customer for compensation of damage, regardless of the grounds on which a claim for damages is based. However, the limitations referred to in this article do not apply if and insofar as the damage is the result of intent or conscious recklessness (bewuste roekeloosheid) on the part of Scandcar B.V..
11.5 The liability of Scandcar B.V. towards the Customer for attributable failure in the performance of an Agreement only arises if the Customer gives Scandcar B.V. notice of default without delay and properly in writing, setting a reasonable period to remedy the failure, and Scandcar B.V. still fails to meet its obligations after that period. The notice of default must contain as detailed a description of the failure as possible, so that Scandcar B.V. is able to respond adequately.
11.6 A condition for any right to compensation for damage to arise is always that the Customer reports the damage to Scandcar B.V. in writing as soon as possible and in any case no later than 30 days after it has occurred.
11.7 In the event of force majeure, Scandcar B.V. is not obliged to compensate the Customer for any damage resulting from it.
Article 12 Retention of title 12.1 As long as the Customer has not paid the total agreed amount in full, all goods delivered remain the property of Scandcar B.V..
Article 13 Personal data
13.1 Scandcar B.V. processes the Customer's personal data in accordance with the privacy policy published on the Website and with the AVG (Algemene verordening gegevensbescherming, i.e. the General Data Protection Regulation, GDPR).
Article 14 Final provisions
14.1 The Agreement is governed by Dutch law.
14.2 Unless mandatory rules of law provide otherwise, all disputes arising in connection with the Agreement will be submitted to the competent Dutch court in the district (arrondissement) in which Scandcar B.V. has its registered office.
14.3 If a provision of these General Terms and Conditions turns out to be void, this does not affect the validity of the General Terms and Conditions as a whole. In that case, the parties will lay down one or more new provisions to replace it, reflecting 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 email and fax, provided that the identity of the sender and the integrity of the email have been 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 email.
Scandcar B.V.
Heizenschedijk 6
5066PL Moergestel
Tel: +31 13 513 40 33
Email: [email protected]
IBAN: NL82 RABO 0134 5078 00
BIC: RABONL2U
KVK: 18034497
BTW: NL812833387B01
Whatsapp: +31645170597
Introduction
Below you will find our General Terms and Conditions. They apply every time you use our Website or place an order through it, and they contain important information for you as a buyer. We therefore ask you to read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can refer to them later.
Article 1 Definitions
1.1 Scandcar B.V.: having its registered office in Moergestel and registered with the Kamer van Koophandel (Netherlands Chamber of Commerce) under number 18034497, trading under the name Scandcar B.V..
1.2 Website: the website of Scandcar B.V. on which these General Terms and Conditions are published, and all its subdomains.
1.3 Customer: the natural or legal person, whether or not acting in the course of a trade, business or profession, who enters into an Agreement with Scandcar B.V. and/or has registered on the Website.
1.4 Agreement: any agreement or contract between Scandcar B.V. and the Customer of which the General Terms and Conditions form an integral part.
1.5 General Terms and Conditions: these General Terms and Conditions.
Article 2 Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers, all agreements and all deliveries of Scandcar B.V., unless expressly agreed otherwise in writing.
2.2 If the Customer includes in its order, confirmation or acceptance any provisions or conditions that differ from the General Terms and Conditions or are not contained in them, those provisions or conditions shall only bind Scandcar B.V. if and insofar as Scandcar B.V. has expressly accepted them in writing.
2.3 If, in addition to these General Terms and Conditions, specific conditions relating to products or services also apply, those conditions shall also apply; however, in the event of conflicting conditions, the Customer may always rely on the applicable provision that is most favourable to them.
Article 3 Prices and information
3.1 All prices stated on the Website are shown excluding VAT. For Customers within the European Union, VAT is added in the checkout, before the Agreement is concluded. Customers outside the European Union pay no Dutch VAT; any import duties, taxes and other charges levied in the Customer's country are for the Customer's account. Prices are in euros; the Customer can also choose to have prices shown in US dollars.
3.2 If shipping costs are charged, this will be stated clearly and in good time before the Agreement is concluded. These costs will also be shown separately during the ordering process.
3.3 The content of the Website has been compiled with the greatest care. However, Scandcar B.V. 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 materials from Scandcar B.V. are therefore subject to obvious programming and typing errors.
3.4 Scandcar B.V. is not liable for (colour) differences resulting from the quality of the screen.
Article 4 Conclusion of the Agreement
4.1 The Agreement is concluded at the moment the Customer accepts the offer of Scandcar B.V. and meets the conditions set by Scandcar B.V. for this purpose.
4.2 If the Customer has accepted the offer electronically, Scandcar B.V. will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed, the Customer may dissolve the Agreement.
4.3 If it turns out that the Customer provided incorrect information when accepting or otherwise concluding the Agreement, Scandcar B.V. shall be entitled to fulfil its obligations only after it has received the correct information.
4.4 Within the limits of the law, Scandcar B.V. may find out whether the Customer is able to meet its payment obligations, as well as all facts and factors relevant to entering into the Agreement responsibly. If, as a result of this check, Scandcar B.V. has good reason not to enter into the Agreement, it shall be entitled to refuse an order or request, stating its reasons, or to attach special conditions to its execution, such as payment in advance.
Article 5 Registration
5.1 To make optimal use of the Website, the Customer can register using the registration form / account creation function on the Website.
5.2 During the registration process, the Customer chooses a username and password with which they can log in to the Website after registration. The Customer is solely responsible for choosing a sufficiently secure password.
5.3 The Customer must keep their login details, i.e. their username and password, strictly confidential. Scandcar B.V. is not liable for misuse of the login details and may always assume that a Customer who logs in to the Website is actually that Customer. Everything that happens through the Customer's account is the responsibility and risk of the Customer.
5.4 If the Customer knows or suspects that their login details have fallen into the hands of unauthorised persons, they must change their password as soon as possible and/or inform Scandcar B.V., so that Scandcar B.V. can take appropriate measures.
Article 6 Performance of the Agreement
6.1 As soon as Scandcar B.V. has received the order, it will ship the products as soon as possible, taking into account the provisions of paragraph 3 of this article.
6.2 Scandcar B.V. is entitled to engage third parties to fulfil its obligations under the Agreement.
6.3 The method of delivery and the period within which the products will be delivered are described clearly and in good time on the Website before the Agreement is concluded. If no delivery period has been agreed or stated, the products will in any case be delivered within 30 days.
6.4 If Scandcar B.V. is unable to deliver the products within the agreed period, it will inform the Customer. In that case, the Customer may accept a new delivery date or dissolve the Agreement free of charge.
6.5 Scandcar B.V. recommends that the Customer inspects the delivered products and reports any defects found within a reasonable period, preferably in writing or by email. See also the article on warranty and conformity. In particular, Customers acting in the course of a trade, business or profession must report any defects to Scandcar B.V. within 7 days of receipt; after that period, any right to repair, replacement, compensation for damage, etc. lapses.
6.6 As soon as the products have been delivered to the delivery address given, the risk in those products passes to the Customer. If expressly agreed otherwise, the risk passes to the Customer at an earlier moment. If the Customer chooses to collect the products in person, the risk passes at the moment the products are handed over.
6.7 Scandcar B.V. is entitled to deliver a similar product of similar quality to the product ordered if the product ordered is no longer available. In that case, the Customer is entitled to dissolve the Agreement free of charge and to return the product free of charge.
Article 7 Right of withdrawal/returns
7.1 This article only applies if the Customer is a natural person who is not acting in the course of a trade, business or profession. Business Customers therefore have no right of withdrawal. The Customer has the right to withdraw from the distance Agreement concluded with Scandcar B.V. free of charge and without giving reasons within 14 calendar days of receiving the product. The period starts on the day after the Customer, or a third party designated in advance by the Customer other than the carrier, has received the product, or:
if the Customer has ordered several products in one order: from the day on which the Customer, or a third party designated by the Customer, has received the last product;
if the delivery of a product consists of several shipments or parts: from the day on which the Customer, or a third party designated by the Customer, has received the last shipment or the last part;
in the case of Agreements for the regular delivery of products during a certain period: from the day on which the Customer, or a third party designated by the Customer, has received the first product.
7.2 Only the direct costs of returning the product are for the Customer's account. The Customer must therefore bear the return costs themselves. If these costs exceed the normal postal rate, Scandcar B.V. will provide an estimate of them.
The costs the Customer has paid for the shipping and payment of the product will be refunded if the complete order is returned.
7.3 During the withdrawal period referred to in paragraph 1, the Customer shall handle the product and its packaging with care. The Customer shall only unpack and use the product to the extent necessary to establish the nature, characteristics and functioning of the products. The guiding principle is that this inspection may not go further than what the Customer could do in a shop.
7.4 The Customer is only liable for any reduction in the value of the product resulting from handling the product beyond what is permitted in the previous paragraph.
7.5 The Customer can withdraw from the Agreement within the period referred to in paragraph 1 of this article by sending Scandcar B.V. the model withdrawal form (digitally), or by informing Scandcar B.V. of their decision to withdraw from the purchase in any other unequivocal way. If the notification is made digitally, Scandcar B.V. will confirm receipt of it. After withdrawal, the Customer still has 14 days to return the product. It is also possible to return the product directly within the cooling-off period referred to in paragraph 1 of this article, provided that the model withdrawal form or another unequivocal statement of withdrawal is enclosed.
Products can be returned to:
Scandcar B.V.
afd retouren (returns department)
Heizenschedijk 6
5066PL Moergestel
Register your return here and download a return form Register your return
Returns that are not accompanied by a return form will not be processed.
7.6 Amounts already paid (in advance) by the Customer will be refunded as soon as possible and in any case no later than 14 days after withdrawal from the Agreement, using the same payment method the Customer used to pay for the order. If the Customer has chosen a more expensive delivery method than the cheapest standard delivery, Scandcar B.V. is not obliged to refund the additional costs of the more expensive method. Unless Scandcar B.V. offers to collect the product itself, Scandcar B.V. may withhold the refund until it has received the product or until the Customer has shown that they have returned the product, whichever is earlier.
7.7 The Website states clearly and in good time, before the Agreement is concluded, whether or not the right of withdrawal applies and, if so, the procedure required.
7.8 The right of withdrawal does not apply to:
Products made by the trader in accordance with the consumer's specifications; Products that can deteriorate or expire quickly;
Individual newspapers and magazines;
Audio and video recordings and computer software whose seal has been broken by the Customer;
Products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
The supply of digital content not supplied on a tangible medium, where performance has begun with the Customer's prior express consent and the Customer has declared that they thereby lose their right of withdrawal.
7.9 Conditions for returns
A returned product must be returned clean and in its original packaging.
Any costs of cleaning the product and preparing it for resale will be deducted from the amount to be refunded.
Article 8 Payment
8.1 The Customer must make payments to Scandcar B.V. using the payment methods stated in the ordering process and, where applicable, on the Website. Scandcar B.V. is free to choose the payment methods it offers, which may also vary from time to time. In the case of payment after delivery, the Customer has a payment period of 14 days from the day after delivery.
8.2 If the Customer fails to meet its payment obligations on time, after Scandcar B.V. has notified the Customer of the late payment and granted a period of 14 days to still meet its payment obligations, then in the event of non-payment within that 14-day period the Customer shall owe statutory interest (wettelijke rente, under Dutch law) on the amount still due, and Scandcar B.V. shall be entitled to charge the extrajudicial collection costs it has incurred. 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. Scandcar B.V. may deviate from the stated amounts and percentages in the Customer's favour.
Article 9 Warranty and conformity
9.1 This article only applies to a Customer who is not acting in the course of a trade, business or profession. If Scandcar B.V. gives a separate warranty on products, that warranty applies, notwithstanding the foregoing, to all types of Customers.
9.2 Scandcar B.V. warrants 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 in force on the date the Agreement is concluded. If specifically agreed, Scandcar B.V. also warrants that the product is suitable for other than normal use.
9.3 A warranty offered by Scandcar B.V., the manufacturer or the importer does not affect the statutory rights and claims that the Customer already has and can assert under the Agreement.
9.4 If the delivered product does not comply with the Agreement, the Customer must inform Scandcar B.V. within a reasonable period after discovering the defect.
9.5 If Scandcar B.V. considers the complaint to be justified, the products concerned will be repaired, replaced or refunded in consultation with the Customer. The maximum refund, taking into account the article on 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 (within the meaning of the article on warranty and conformity) and/or other aspects of the services of Scandcar B.V., the Customer can submit a complaint to Scandcar B.V. by telephone, by email or by post. See the contact details at the end of the General Terms and Conditions.
10.2 Scandcar B.V. will respond to the Customer's complaint as soon as possible and in any case within 7 days of receiving the complaint. If a substantive or final response is not yet possible, Scandcar B.V. will, within 7 days of receiving the complaint, acknowledge receipt of the complaint and state the period within which it expects to give a substantive or final response to the Customer's complaint.
Article 11 Liability
11.1 This article only applies if the Customer is a natural or legal person acting in the course of a trade, business or profession.
11.2 The total liability of Scandcar B.V. towards the Customer for attributable failure in the performance of the Agreement is limited to compensation of a maximum amount equal to the price agreed for that Agreement (including VAT).
11.3 The liability of Scandcar B.V. towards the Customer for indirect damage is excluded, including in any case – but expressly not limited to – consequential damage, loss of profit, lost savings, loss of data and damage due to business interruption.
11.4 Apart from the cases referred to in the two previous paragraphs of this article, Scandcar B.V. has no liability whatsoever towards the Customer for compensation of damage, regardless of the grounds on which a claim for damages is based. However, the limitations referred to in this article do not apply if and insofar as the damage is the result of intent or conscious recklessness (bewuste roekeloosheid) on the part of Scandcar B.V..
11.5 The liability of Scandcar B.V. towards the Customer for attributable failure in the performance of an Agreement only arises if the Customer gives Scandcar B.V. notice of default without delay and properly in writing, setting a reasonable period to remedy the failure, and Scandcar B.V. still fails to meet its obligations after that period. The notice of default must contain as detailed a description of the failure as possible, so that Scandcar B.V. is able to respond adequately.
11.6 A condition for any right to compensation for damage to arise is always that the Customer reports the damage to Scandcar B.V. in writing as soon as possible and in any case no later than 30 days after it has occurred.
11.7 In the event of force majeure, Scandcar B.V. is not obliged to compensate the Customer for any damage resulting from it.
Article 12 Retention of title 12.1 As long as the Customer has not paid the total agreed amount in full, all goods delivered remain the property of Scandcar B.V..
Article 13 Personal data
13.1 Scandcar B.V. processes the Customer's personal data in accordance with the privacy policy published on the Website and with the AVG (Algemene verordening gegevensbescherming, i.e. the General Data Protection Regulation, GDPR).
Article 14 Final provisions
14.1 The Agreement is governed by Dutch law.
14.2 Unless mandatory rules of law provide otherwise, all disputes arising in connection with the Agreement will be submitted to the competent Dutch court in the district (arrondissement) in which Scandcar B.V. has its registered office.
14.3 If a provision of these General Terms and Conditions turns out to be void, this does not affect the validity of the General Terms and Conditions as a whole. In that case, the parties will lay down one or more new provisions to replace it, reflecting 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 email and fax, provided that the identity of the sender and the integrity of the email have been 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 email.
Scandcar B.V.
Heizenschedijk 6
5066PL Moergestel
Tel: +31 13 513 40 33
Email: [email protected]
IBAN: NL82 RABO 0134 5078 00
BIC: RABONL2U
KVK: 18034497
BTW: NL812833387B01
Whatsapp: +31645170597