Terms and Conditions

GENERAL TERMS AND CONDITIONS Car Key Netherlands

Definitions

  • Car Key : Car Key , established in Heerhugowaard under Chamber of Commerce number: 54790239
  • Customer: the person with whom Car Key has entered into an agreement.
  • Parties: Car Key and customer together.
  • Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

  • These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Car Key.
  • The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
  • The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

  • All prices used by Car Key are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
  • All prices that Car Key uses for its products or services, on its website or otherwise made known, Car Key can change at any time.
  • Increases in the cost prices of products or parts thereof, which Car Key could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
  • The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

samples/models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Consequences of not paying on time

  • If the customer does not pay within the agreed term, Car Key is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
  • When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Car Key.
  • The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  • If the customer does not pay on time, Car Key may suspend its obligations until the customer has fulfilled its payment obligation.
  • In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, Car Key's claims against the customer are immediately due and payable.
  • If the customer refuses to cooperate with the execution of the agreement by Car Key, he is still obliged to pay the agreed price to Car Key.

Right of advertising

  • As soon as the customer is in default, Car Key is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  • Car Key invokes the right of recovery by means of a written or electronic communication.
  • As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Car Key, unless the parties make other agreements about this.
  • The costs of returning or returning the products are the responsibility of the customer.
  • The keys are not provided with a brand logo. But work fine!

Right of withdrawal

  • A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
  • the product has not been used
  • it is not a product that can spoil quickly, such as food or flowers
  • it is not a product specially tailored or modified for the consumer
  • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
  • the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
  • the product is not a trip, transport ticket, catering assignment or form of leisure activity
  • the product is not a loose magazine or newspaper
  • it does not concern an (order for) urgent repair
  • the consumer has not waived his right of withdrawal
  • The cooling-off period of 14 days as referred to in paragraph 1 commences:
    1. on the day after the consumer has received the last product or part of 1 order
    2. as soon as the consumer has received the first product with a subscription
    3. as soon as the consumer has purchased a service for the first time
    4. as soon as the consumer has confirmed that he will purchase digital content via the internet
  • The consumer can make his appeal to the right of withdrawal known via info@car-key.nl, if desired using the withdrawal form that can be downloaded from the website of Car Key NL, www.Car Key www.nzfix.nl.
  • The consumer is obliged to return the product to Car Key within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.
  • The costs for returning will only be borne by Car Key if the entire order is returned.
  • If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Car Key will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Car Key in time.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

right of retention

  • Car Key can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Car Key, unless the customer has provided sufficient security for those costs.
  • The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Car Key.
  • Car Key is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Car Key NL against a claim against Car Key.

Retention of title

  • Car Key remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Car Key on the basis of whatever agreement concluded with Car Key, including claims regarding shortcomings in performance.
  • Until that time, Car Key can invoke its retention of title and take back the goods.
  • Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
  • If Car Key invokes its retention of title, the agreement will be deemed to have been dissolved and Car Key will be entitled to claim compensation, lost profit and interest.

Delivery

  • delivery takes place while stocks last.
  • Delivery takes place at Car Key, unless the parties have agreed otherwise.
  • Delivery of products ordered online takes place at the address indicated by the customer.
  • If the agreed amounts are not paid or not paid on time, Car Key has the right to suspend its obligations until the agreed part has been paid.
  • In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against Car Key.

Delivery time

  • The delivery times specified by Car Key are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
  • The delivery time commences at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) of this from Car Key.
  • Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Car Key cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

  • If the packaging of a delivered product is opened or damaged, the customer must have the forwarding agent or delivery person make a note of this before receiving the product, failing which Car Key cannot be held liable for any damage.
  • If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging to Car Key prior to transport, failing which Car Key cannot be held liable for any damage.

custody

  • If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
  • Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.

Guarantee

  • The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
  • The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
  • The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who receives the product on behalf of the customer.

disclaimer

The customer indemnifies Car Key against all third-party claims related to the products and/or services supplied by Car Key.

Complaints

  • The customer must examine a product or service provided by Car Key as soon as possible for possible shortcomings.
  • If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Car Key of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  • Consumers must inform Car Key of this within 2 months after the discovery of the shortcomings.
  • The customer provides a description of the shortcoming that is as detailed as possible, so that Car Key is able to respond adequately.
  • The customer must demonstrate that the complaint relates to an agreement between the parties.
  • If a complaint relates to ongoing work, this can in any case not lead to Car Key being forced to perform other work than has been agreed.

Notice of default

  • The customer must notify Car Key of any notice of default in writing.
  • It is the responsibility of the customer that a notice of default actually reaches Car Key (in time).

Joint and several liability customer

If Car Key enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to Car Key under that agreement.

Liability Car Key

  • Car Key is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
  • If Car Key is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
  • Car Key is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
  • If Car Key is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
  • All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Any right of the customer to compensation from Car Key expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Right to dissolution

  • The customer has the right to dissolve the agreement if Car Key imputably fails in the fulfillment of its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
  • If the fulfillment of the obligations by Car Key is not permanently or temporarily impossible, dissolution can only take place after Car Key is in default.
  • Car Key has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Car Key has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations.

Force majeur

  • In addition to the provisions of Section 6:75 of the Dutch Civil Code, a shortcoming of Car Key NL in the fulfillment of any obligation towards the customer cannot be attributed to Car Key in a situation independent of the will of Car Key, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Car Key.
  • The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
  • If a force majeure situation arises as a result of which Car Key cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Car Key can meet them again.
  • From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
  • Car Key does not owe any (damage) compensation in a situation of force majeure, not even if it enjoys any advantage as a result of the force majeure situation.

Change of the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of general terms and conditions

  • Car Key is entitled to change or supplement these general terms and conditions.
  • Changes of minor importance can be made at any time.
  • Major substantive changes will be discussed by Car Key with the customer in advance as much as possible.
  • Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

  • The customer's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Car Key.
  • This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Civil Code.

Consequences nullity or voidability

  • If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
  • In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Car Key had in mind when drawing up the conditions on that point.

Applicable law and competent court

  • Dutch law applies exclusively to every agreement between the parties.
  • The Dutch court in the district where Car Key is established/has a practice/office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.