J&D Car Parts - Terms and Conditions

Article 1 - Definitions: For these conditions, the following terms shall have the following meanings

1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and a distance contract with the entrepreneur;
3. Distance contract: an agreement 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 techniques for distance communication;
4. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and trader being in the same place at the same time;
5. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Day: calendar day;
8. Transaction Duration: a distance contract relating to a series of products and / or services, the supply and / or purchase is spread over time;
9. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the entrepreneur

J&D Car Parts
Wilgenlaan 47a
3645 EM Vinkeveen
+31 (0) 297-213529
Monday through Friday: 09:00 – 18:00 en Saturday 09:00 – 14:00
info@jendcarparts.com

Chamber of Commerce number: 66138531

VAT identification number: 856411310B01

Article 3 – Applicability

1. These general terms and conditions apply to any offer made by the entrepreneur and to any agreement concluded (either verbally or in writing) at a distance between the entrepreneur and the consumer. An order for parts is considered to be an agreement.
2. The agreement between the buyer and J&D Car Parts is concluded after acceptance by J&D Car Parts. It is authorized to add certain deviations and/or extra conditions to this agreement. It is also authorized to refuse this order within five (5) working days. This will be communicated by J&D Car Parts to the buyer within this period.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the 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:

• any costs of delivery;
• the way in which the agreement will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or execution of the agreement;
• the term for acceptance of the offer, or the term for maintaining the price;
• the way in which the consumer, before concluding the agreement, can be informed of actions not wanted by him, as well as the way in which he can repair these before the agreement is concluded;
• the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically.

Article 5 - The Agreement

1. The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within the law - inform himself whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this research, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating the reasons, or to attach special conditions to the execution of the agreement.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

1. the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about existing after-sales services and guarantees;
4. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the contract;
5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has undertaken to supply a range of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal upon delivery of products

1. When purchasing products, the consumer has the option of dissolving the contract, without giving reasons, within seven working days. This period commences on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, he will be liable for a maximum of the costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 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, entrepreneur submitted clearly in the offer, at least in time for the conclusion of the contract, has stated.
2. Exclusion of the right of withdrawal is only possible for products:

• which have been created by the entrepreneur in accordance with the consumer's specifications;
• that are clearly personal in nature;
• which by their nature can not be returned;

3. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence.

Article 9 - The price

All offers of J&D Car Parts are without obligation and J&D Car Parts expressly reserves the right to change the prices, in particular, but not exclusively, if this is necessary due to (legal) regulations. All prices are stated in Euros and do not include shipping costs. New parts are listed exclusive of VAT, used parts are listed as margin part (no VAT applicable). The shipping costs are shown separately before the customer finalizes the order. 

Article 10 - Compliance and Warranty

1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer does not affect the rights and claims that the Consumer may assert against the Entrepreneur in respect of a shortcoming in the fulfilment of the Entrepreneur's obligations on the basis of the law and/or the distance contract.

Article 11 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and in the execution of orders for products and in 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 expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be informed of this at the latest one month after he has placed the order.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution, minus 10% cancellation costs of the total order amount. These cancellation costs are at least €5.00 (five euros).
5. If delivery of an ordered product turns out to be impossible, J&D Car Spare Parts will make every effort to provide a replacement item. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are for the account of the customer.
6. J&D Car Parts does its utmost to protect the products carefully against external influences. Transportation from J&D Car Parts to the specified address is at the expense and risk of the buyer. J&D Car Parts reserves the right to use third parties for the transport of its products.

Article 12 - Payment

1. Payment will be made before the shipment of the products, unless explicitly agreed in advance.
2. When giving a certain credit term, J&D Car Parts reserves the right to charge a fee for this, if explicitly stated in advance. If this period is exceeded, the buyer is deemed to be in default by operation of law and J&D Car Parts has the right to charge statutory interest from the moment the buyer is in default.
3. All payments must be made without deduction or set-off, except in the case of bankruptcy, or the granting of a suspension of payment to the customer, via bank transfer to the bank account number of J&D Car Parts or cash or debit card payment at the address of J&D Car Parts.
4. In the event of non-payment or late payment of payment, all costs incurred by J&D Car Parts in connection with the collection of the claim, including additional administration costs and collection costs, shall be borne by the buyer, both extrajudicial and judicial.

Article 13 - Complaints procedure

1. The products to be delivered must be in the condition as notified to the customer in advance.
2. If there are complaints regarding visible defects in the products delivered, these must be notified to J&D Auto Parts by telephone or e-mail within 24 hours of receipt.
3. If there are complaints about the quality of the product, these must be made known to J&D Auto Parts within 4 days after delivery.
4. Complaints regarding the delivery of the products must be made to J&D Auto Parts within 48 hours after the original delivery date.
5. Defects in part of the delivered goods do not entitle the buyer to reject the entire batch delivered.
6. Complaints relating to a particular delivery do not affect prior or subsequent deliveries.

Article 14 - Additional or different provisions 

If these conditions are not sufficient, or are in conflict with other conditions, or in conflict with certain national or international rights or contracts/agreements, J&D Auto Parts will, where possible, impose an appropriate condition. This does not affect other provisions of these terms and conditions, and is only possible for specific individual cases.