Terms and conditions
June 2020 - version 1.0
Article 1: Definitions
- Electric Vehicle Parts, located at Kroostweg 38, 3704 ED in Zeist, Chamber of Commerce number: 82378436, from here on named as seller.
- Thecounterparty of the seller is referred to as the buyer in these terms and conditions.
- The partiesare seller and buyer together.
- The agreementmeans the purchase agreement between the parties.
Article 2: Applicability of terms and conditions
- These conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
- It is only possible to deviate from these conditions if this has been expressly agreed in writing by the parties.
Article 3: Applicable law and competent court
- Dutch law applies exclusively to every agreement between the parties.
- Dutch law applies exclusively to every agreement between the parties. The Dutch judge in the district of Utrecht, where Electric Vehicle Parts is located, is exclusively authorized to take cognizance of any disputes between parties, unless the law prescribes otherwise.
- The applicability of the Vienna Sales Convention is excluded.
- If one or more provisions of these terms and conditions are regarded as unreasonably onerous in legal proceedings, the other provisions remain in full force.
Article 4: Refusal of order
- The seller has the right to refuse orders entered via the website.
- The seller can cancel the purchase done via the website. In that case you will be notified by email and the money paid will be refunded within 7 working days.
Article 5: Payment
- The full purchase price is always paid immediately in the webshop. In some cases, a deposit is expected with reservations. In that case, the buyer will receive proof of the reservation and the advance payment.
- If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
- If the buyer remains in default, the seller will proceed to recover. The costs related to that collection will be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller’s claims against the buyer are immediately due and payable.
- If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.
Article 6: Offers, quotations and price
- Offers are without obligation, unless the offer states a term of acceptance. If the offer is not accepted within that set period, the offer will expire.
- Delivery times are indicative and, if exceeded, do not entitle the buyer to termination or compensation, unless the parties have expressly agreed otherwise in writing.
- Prices on the website are indicated in EUR currency.
- Offers and quotations do not automatically apply to repeat orders. Parties must agree this explicitly and in writing.
- All prices of the offered goods are exclusive of shipping costs. A separate best indication of the shipping costs will be attempted. The shipping costs will be included in the total amount that will be paid by the buyer. If necessary, a request can be made by the seller to the buyer to pay for additional shipping costs. If the buyer does not agree, the purchase agreement will lapse.
- The price stated on offers, quotations and invoices consists of the purchase price including the VAT owed and any other government levies.
Article 7: Right of withdrawal
- The consumer is entitled to dissolve the contract without giving any reason within 14 days after receipt of the order (right of withdrawal). The period starts from the moment the (entire) order is received by the consumer.
- There is no right of withdrawal if the products are custom-made according to its specifications, custom ordered for the client or have a short shelf life.
- The consumer can request a withdrawal using the below mentioned instructions Article 8: Return instructions.
- During the 14 day 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 makes use of his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided below in Article 8: Return instructions. See Article 8: Return instructions.
- Shipping costs will be payed by the buyer, if necessary personal collection or delivery can be agreed by the parties to save these costs.
Article 8: Return instructions
You may return the purchased parts within 14 days to us without reason and receive your full refund of the purchase price of the parts, including shipping costs, provided that the following conditions are met:
- The parts have NOT been mounted at all;
- The parts are still in new condition and without visible damage;
- Your request was sent to us within 14 days after receiving the parts;
- Your request was either sent via email to: Return@Electricvehicleparts.nlor via our Contact form on the site;
- You state clearly in your request which parts you would like to return;
- You state clearly the name and delivery address of the order in question;
- You state clearly whether you will send us the parts or bring them by;
After receipt and inspection of the parts, we will contact you within 7 days on your refund.
Article 9: Changes to the agreement
- If during the execution of the agreement it appears that for the proper execution of the assignment it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and by mutual agreement.
- If the parties agree that the agreement will be changed or supplemented, the time of completion of the execution can be influenced by this. The seller will inform the buyer of this as soon as possible.
- If the change or addition to the agreement has financial and / or qualitative consequences, the seller will inform the buyer in writing in advance.
- If the parties have agreed a fixed price, the seller will indicate to what extent the change or addition to the agreement will result in this price being exceeded.
- Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to him.
Article 8: Delivery and transfer of risk
- As soon as the purchased item has been received by the buyer, the risk passes from the seller to the buyer.
Article 9: Research, complaints
- The buyer is obliged to inspect the goods delivered at the time of delivery or within the shortest possible time. In doing so, the buyer should investigate whether the quality and quantity of the delivered goods correspond with what the parties have agreed, at least that quality and quantity meet the requirements that apply in normal (trade) traffic.
- Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to the seller within 10 working days after the day of delivery of the goods by the buyer.
- If the complaint is well-founded within the stipulated period, the seller has the right to either repair, or to deliver again, or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.
- Minor and / or customary deviations in the industry and differences in quality, number, size or finish cannot be invoked against the seller.
- Complaints with regard to a certain product do not affect other products or parts belonging to the same agreement.
- Complaints will no longer be accepted after the parts have been mounted by or on behalf of the buyer
Article 11: Delivery
- Delivery takes place “ex factory / shop / warehouse”. This means that all shipping costs are for the buyer.
- The buyer is obliged to purchase the goods at the time that the seller delivers them or has them delivered to him, or at the time when these goods are made available to him according to the agreement.
- If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, the seller is entitled to store the item at the expense and risk of the buyer.
- If the goods are delivered, the seller is entitled to charge any delivery costs.
- If the seller needs information from the buyer for the execution of the agreement, the delivery time will commence after the buyer has made this information available to the seller.
- A delivery period specified by the seller is indicative. This is never a strict deadline. If the term is exceeded, the buyer must give the seller written notice of default.
- The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or if partial delivery is not of independent value. On delivery in parts, the seller is entitled to invoice these parts separately.
Article 12: Force majeure
- If the seller cannot fulfill his obligations under the agreement due to force majeure, or fails to do so in time or properly, he is not liable for damage suffered by the buyer.
- Force majeure means the parties in any case any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded by the buyer, such as illness, war or danger of war, civil war and riot, acts of war, sabotage, terrorism, power failure, flood, earthquake, fire, occupancy, strikes, exclusion of workers, altered government measures, transportation difficulties, and other disruptions in the seller’s business.
- The parties furthermore understand force majeure as the circumstance that suppliers that the seller depends on for the execution of the agreement do not fulfill the contractual obligations towards the seller, unless this can be blamed on the seller.
- If a situation as referred to above occurs as a result of which the seller cannot meet his obligations to the buyer, those obligations will be suspended as long as the seller cannot meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.
- If the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution is only possible by registered letter.
Article 13: Transfer of rights
- Rights of either party under this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in Section 3:83 (2) of the Dutch Civil Code.
Article 14: Retention of title and right of retention
- The goods present at the seller and the delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can invoke his retention of title and take back the goods.
- If the agreed amounts to be paid in advance are not or not paid on time, the seller has the right to suspend the work until the agreed part has been paid. There is then a question of credit default. In that case, a late delivery cannot be invoked against the seller.
- The seller is not authorized to pledge the goods falling under his retention of title or to encumber them in any other way.
- The seller undertakes to insure and keep insured the goods delivered to the buyer under retention of title against fire, explosion and water damage as well as against theft and to provide the policy for inspection at first request.
- If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The item will not be delivered until the buyer has paid in full and in accordance with the agreement.
- In the event of liquidation, insolvency or suspension of payment of the buyer, the obligations of the buyer are immediately due and payable.
Article 15: Liability
- Any liability for damage arising from or related to the performance of an agreement is always limited to the amount paid out in the relevant case by the concluded liability insurance policy or policies. This amount is increased by the amount of the deductible according to the relevant policy.
- The liability of the seller for damage that is the result of intent or deliberate recklessness on the part of the seller or his managerial subordinates is not excluded.
Article 16: Obligation to complain
- The buyer is obliged to report complaints about the work performed or parts delivered to the seller immediately. The complaint should contain a detailed description of the shortcoming, so that the seller is able to respond adequately.
- If a complaint is well-founded, the seller is obliged to repair it and replace it if necessary.
Article 17: Correct mounting of purchased parts
- Electric Vehicle Parts strongly advises the buyer to always use NEW CAMBER BOLTS and FIXING BOLTS when mounting the new purchased parts. Camber bolts are bolts that trough turning enable the exact wheel position as prescribed by the car manufacturer for the relevant car model.
- Reusing old camber bolts or mounting bolts to fit the new parts will void the parts warranty from both the seller and the manufacturer of the parts.
- The buyer is responsible for purchasing all new bolts to allow for the correct, responsible and proper mounting of the purchased parts. The car manufacturer almost always has these bolts in stock and sells them separately.
- The buyer must be aware that needing to purchase these above mentioned bolts will increase the costs of the replacement of the parts.
- After replacing control arms the car wheels will always need to be re-aligned again. As with the above mentioned costs these costs are also for the buyer.
Article 18: Replacement of purchased parts at a qualified garage
- Electric Vehicle Parts has no binding or agreement with any car maintenance garage or manufacturer, including Tesla.
- Before purchasing parts on the seller’s website,the buyer must realize that he must take care of the mounting or replacement of the purchased parts himself.
- The buyer must have the installation carried out properly and choose a BOVAG or Autobedrijf Keurmerk affiliated auto shop.
- Checking on correct, responsible and proper mounting of the parts rests with the buyer. Seller does not perform final inspections.
Article 19: Guarantee on purchased parts
- If guarantees are included in the agreement, the following applies. The seller guarantees that the goods sold comply with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This guarantee applies for a period of two calendar years after receipt of the parts by the buyer. two calendar years after receipt of the parts by the buyer.
- The aforementioned guarantee is intended to create a risk distribution between the seller and the buyer that the consequences of a breach of a guarantee are always fully for the account and risk of the seller and that the seller can never rely on a breach of a guarantee. Article 6:75 BW. The provisions of the previous sentence also apply if the infringement was known or could have been known to the buyer by conducting an investigation.
- The aforementioned guarantee does not apply if the defect arose as a result of improper use or if – without permission – the buyer or third parties have made changes or attempted to make or used the purchased item for purposes for which it is not intended.
- The aforementioned guarantee also does not apply if the mounting of the parts was not done correct.
- Buyer will need to prove he has made a reasonable effort to have the parts correctly and professionally mounted to his car. (Example Invoice of replacement of these parts at auto shop.)
- If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.
Article 20: Warranty changes on vehicle of buyer after mounting parts
- Electric Vehicle Parts has no binding or agreement with any car maintenance garage or manufacturer, including Tesla.
- Before purchasing parts on the website, the buyer must realize that the warranty from the vehicle manufacturer on his vehicle may lapse in whole or in part when mounting non-original (OEM) vehicle manufacturer parts.
- The buyer must obtain information about this from the manufacturer of his vehicle. Even if the warranty from the manufacturer only concerns the battery and the engine, the manufacturer may still have the right to void the warranty in whole or in part from his side. This is even the case if the workings of the purchased parts have no direct relationship with the battery and the engine, such as suspension parts or control arms.
- Electric Vehicle Parts cannot influence modification of the warranty of the buyer’s vehicle and will not reimburse this in part or in whole voided warranty in service, parts or in any financial manner.
Article 21: Intellectual property rights
- All intellectual and industrial property rights to all goods delivered to the customer rest exclusively with Electric Vehicle Parts or its licensors or suppliers.
- The buyer is not allowed to copy these items or otherwise infringe the intellectual property rights of Electric Vehicle Parts or its licensors or suppliers.