Established on November 12, 2018.
General Terms and Conditions for HRC Trading, established at David Wijnveldtweg 15, 7425 AC, in Deventer, registered with the Chamber of Commerce under number 08220569.
Article 1 Definitions
In these General Terms and Conditions the following terms are used in the following meaning, unless explicitly stated otherwise.
|Terms and Conditions:
||The general conditions as mentioned below.|
|HRC Trading:||HRC Trading, registered at the Chamber of Commerce under number 08220569. Also operates under the trade names HRC-Parts.nl and HRC-Part.com|
|Buy from a distance:||The agreement between the counterparty and HRC Trading, whereby in the context of a distance selling system organized by HRC Trading, the conclusion of the agreement only uses one or more techniques for distance communication, such as a website, telephone or other means of communication.|
|Agreement:||Every agreement concluded between HRC Trading and the other party.|
|Product:||All matters that are the subject of the agreement concluded between the Other Party and HRC Trading.|
|Voucher :||A voucher, which meets the security features, of which the other party obtains the product without payment or at a discount.|
|Counterparty:||The person who has accepted these general conditions and has taken the product.|
Article 2 Scope
- These General Terms and Conditions apply to every offer, quotation and Agreement concluded between HRC Trading and the Other Party, unless parties have expressly and in writing deviated from these General Terms and Conditions.
- These General Terms and Conditions also apply to agreements with HRC Trading, for the execution whereby third parties must be involved.
- The applicability of any purchase or other General Terms and Conditions of the Other Party is explicitly rejected.
- If it appears that one or more provisions in these General Terms and Conditions are void or voidable, then the General Terms and Conditions will remain in effect for all others. In the event of this situation, HRC Trading and the Other Party will consult with the aim of agreeing new provisions to replace the void or void provisions.
- Deviations from the Agreement and General Terms and Conditions are only valid if they have been explicitly agreed with HRC Trading in writing.
Article 3 Offers and / or offers
- Offers and / or quotations are made in writing and / or electronically, unless urgent circumstances make this impossible.
- All offers and / or quotations from HRC Trading are non-binding, unless a period for acceptance has been set in the offer and / or quotation. If a period for acceptance is stated in the offer and / or quotation, the offer and / or quotation will expire when this period has expired.
- The offer and / or quotation applies as long as the stock lasts. It is possible to order in advance. The product is then put in stock and delivered as soon as the product is in stock.
- HRC Trading can not be held to its offers and / or offers if the Other Party, in terms of reasonableness and fairness and generally accepted views, should have understood that the offer and / or offer or a part thereof is an obvious mistake or error.
- If the acceptance, whether or not on minor points, deviates from the offer included in the offer and / or quotation, then HRC Trading is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless HRC Trading indicates otherwise.
- A composite quotation does not oblige HRC Trading to deliver part of the goods included in the offer and / or quotation at a corresponding part of the price quoted.
- Offers and / or quotations do not automatically apply to future orders or repeat orders.
Article 4 The agreement
- The Agreement is established by timely acceptance by the Other Party of the offer and / or quotation from HRC Trading.
- Cancellation of the order is not possible, unless there are special circumstances or if HRC Trading has explicitly given permission for cancellation.
Article 5 Execution of agreement
- The Other Party will provides HRC Trading in a timely manner with all data or instructions necessary for the performance of the Agreement or of which the Other Party should reasonably understand that these are necessary for the performance of the Agreement.
- If the foregoing information and instructions are not or not provided on time, HRC Trading has the right to suspend the performance of the Agreement. The extra costs incurred by the delay are for the account of the Other Party.
Article 6 Prices
- The prices are expressed in euros, including VAT and other government levies, unless otherwise indicated.
- Orders are exclusive -, delivery- or shipping costs and any credit card surcharges, unless stated otherwise.
- HRC Trading will provide the other party with any additional costs in time for the conclusion of the Agreement or provide data on the basis of which these costs can be charged by the Other Party.
Article 7 Price change
- If HRC Trading agrees on a fixed price with the Other Party at the conclusion of the Agreement , HRC Trading is entitled to increase the price, even if the price was not originally given under reserve.
- If HRC Trading intends to change the price, it will notify the Other Party as soon as possible.
- If a price increase takes place within three months after the conclusion of the Agreement, the Other Party may dissolve the Agreement by means of a written statement, unless:
- the price increase ensues from a power or an obligation on HRC Trading under the law
- HRC Trading is still willing to execute the Agreement on the basis of the agreement originally agreed
- stipulated that the delivery will take place more than three months after the purchase.
- The Other Party is entitled to dissolve the Agreement if the price is increased more than three months after the conclusion of the Agreement, unless the Agreement stipulates that the delivery will take place more than three months after the purchase.
Article 8 Buy at a distance
- In the case of Distance Selling, delivery must take place within 30 calendar days at the latest.
- In the case of distance selling, HRC Trading has the right to oblige the other party to pay up to 50% of the price in advance.
- In the case of Distance Selling, the Other Party has the right to cancel the Agreement for fourteen calendar days after receipt of the goods delivered by HRC Trading, without stating reasons.
- In the case of distance selling, the other party has the right to revoke the agreement after thirty calendar days if HRC Trading has not delivered the product within thirty calendar days, unless the parties have agreed a different delivery period.
- If HRC Trading has not complied with its obligation to provide information or has not provided information in the correct form, the Other Party shall have the right to dissolve the Agreement for three months after receipt of the goods delivered by HRC Trading, without stating reasons. If HRC Trading still complies with the obligation to provide information within those three months, the day after it has still fulfilled that obligation starts the period of fourteen calendar days.
- The Other Party may revoke the Agreement via the standard withdrawal form placed by HRC Trading or in a manner chosen by the Other Party.
- If the Other Party sends back the delivered goods, the Other Party must return the goods in a proper packaging, with all accessories and in original condition. The shipping costs of the return are at the risk and expense of the Other Party.
- If the Other Party has exercised its right of withdrawal, the Other Party is obliged to return the goods within 14 calendar days because the Other Party has informed HRC Trading that it will cancel the agreement.
- If the Other Party has exercised his right of withdrawal, HRC Trading will return the full down payment including the paid shipping costs no later than fourteen calendar days after the dissolution of the Agreement.
- If the goods are not available, HRC Trading will inform the Other Party as soon as possible and HRC Trading will return the deposit amount within fourteen calendar days at the latest. If HRC Trading and the Other Party agree that a case of similar quality and price may be delivered, then the shipping costs for the return will be charged to HRC Trading. The foregoing only applies if the Other Party makes use of its right of withdrawal during the cooling-off period.
- The provisions of this article do not apply if the Agreement relates to:
- Products whose price is subject to fluctuations in the financial market on which HRC Trading has no influence and occur within the withdrawal period
- Sealed products of which the Other Party has broken the seal
- Hygienic products of which the Other Party has broken the seal
- Products that are already delivered within the cooling-off period with the agreement of the Other Party
- Products that can not be returned due to their nature
- Products that can spoil or age quickly
- Products of a personal nature
- Products tailor-made
Article 9 Delivery
- Delivery takes place because the case is put in power to the Counterparty. After delivery, the risk of the case passes to the Counterparty.
- Delivery takes place at the address given by the Other Party, unless agreed otherwise.
- The Other Party is obliged to purchase the purchased goods at the time when they are handed over to the Other Party, unless this entails serious objections or unreasonable costs.
- If the Other Party at the place of delivery refuses to take delivery of the goods or is negligent with the provision of data or instructions necessary for the delivery, the goods intended for delivery shall be stored at the risk and expense of the Other Party, after HRC Trading has informed the Other Party of this.
Article 10 Delivery periods
- Delivery will take place within a term specified by HRC Trading.
- If for the delivery of the case a term has been agreed or stated, then this period is only indicative and can never be regarded as a deadline.
- If HRC Trading requires data or instructions from the Other Party that are necessary for the delivery, the delivery time commences after the Other Party has provided it to HRC Trading.
- If the delivery term is exceeded, the Other Party must declare HRC Trading in default in writing, whereby HRC Trading will still be offered a reasonable period to deliver the goods.
- A notice of default is not necessary if the delivery has become permanently impossible or otherwise it appears that HRC Trading will not fulfill its obligations under the Agreement. If HRC Trading does not proceed to delivery within this period, the Other Party has the right to dissolve the Agreement without judicial intervention and / or to demand compensation.
Article 11 Risk transition
- The items that are the subject of the Agreement are at the expense and risk of HRC Trading up to the time of bringing the items to the Other Party into control.
- The risk of loss, damage or depreciation of items that are the subject of the Agreement will pass to the Other Party at the time when goods are placed under the control of the Other Party or a third party to be appointed by the Other Party.
Article 12 Payment
- Payment is made by means of IDEAL, PayPal, Sofort, Belfius or a similar payment method or transfer to a bank account specified by HRC Trading or in cash at the time of the purchase or delivery, unless otherwise agreed.
- Payment can be made both before and after.
- Payment afterwards must be made within 7 days after the invoice date, in a manner to be indicated by HRC Trading and in the currency in which is invoiced, unless agreed otherwise.
- HRC Trading and the Other Party can agree that payment is made in installments. If payment in installments has been agreed, the Other Party must pay according to the terms and percentages as laid down in the Agreement.
- The Other Party is not entitled to deduct the amount owed on account of a counterclaim made by it.
- Objections against the height of the invoice do not suspend the payment obligation.
- After the expiration of 10 days after the invoice date, the Other Party is legally in default without notice of default. The Counterparty will owe an interest of 2% per month on the due and payable amount, unless the statutory interest is higher.
- In the event of bankruptcy, suspension of payment or receivership, the claims of HRC Trading and the obligations of the Other Party towards HRC Trading are due immediately.
Article 13 Collection costs
- If the Other Party is in default or omission in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining payment out of court are at the expense of the Other Party. In any case, the Other Party owes collection costs.
- With regard to extrajudicial (collection) costs, HRC Trading of the Other Party is entitled to the statutory maximum allowable reimbursement as determined in the Decree on compensation for extrajudicial (collection) costs.
- HRC Trading is only entitled to compensation for the extrajudicial (collection) costs, after HRC Trading has sent the Other Party a notice of default after the commencement of the default to pay the outstanding invoice or invoices within 15 days.
- Any reasonable legal costs and execution costs incurred will also be borne by the Other Party.
Article 14 Voucher
- A voucher can only be outsourced to HRC Trading.
- The Counterparty must store a Voucher carefully. No compensation will be paid in case of theft or loss.
- A voucher is only valid during the validity period. The period of validity is stated on the Voucher.
- Vouchers can not be returned or redeemed for cash.
- In the case of distance selling, vouchers can be returned within fourteen days. After this period, vouchers can not be returned or exchanged for money.
Article 15 Retention of title
- All goods delivered by HRC Trading within the framework of the Agreement remain the property of HRC Trading until the Other Party has properly fulfilled and fully paid what it owes under the Agreement.
- The amount due also includes: the reimbursement of all costs and interest, including from earlier and later deliveries and services rendered, as well as claims for damages due to shortcomings in the performance.
- As long as the ownership of the delivered goods has not been transferred to the Other Party, it may not resell, pledge or otherwise encumber the items that fall under the retention of title, except within the normal course of his / her business.
Article 16 Suspension and dissolution
- If the Client does not, not fully, timely or properly comply with an obligation from the Agreement, HRC Trading has the right to suspend the fulfillment of its obligations and / or HRC Trading is entitled to terminate the Agreement with immediate effect. Furthermore, HRC Trading is entitled to suspend the fulfillment of its obligations and / or terminate the Agreement with immediate effect if:
- After the conclusion of the Agreement HRC Trading has come to know circumstances that give good grounds to fear that the Client will not fulfill his payment obligation.
- The Client has a payment arrears of more than two months
- The Client is declared bankrupt, submits a request for suspension of payments, requests the application of debt restructuring natural persons, is confronted with a seizure of his property.
- Dissolution takes place in writing and without judicial intervention. If the Agreement is dissolved, the claims of HRC Trading on the Client will be immediately due and payable.
Article 17 Force majeure
- A shortcoming can not be attributed to HRC Trading or the Counterparty, as the shortcoming is not due to its fault, nor is it due to law, legal act or generally accepted beliefs. In this case, the parties are also not obliged to fulfill the obligations arising from the Agreement.
- In these General Terms and Conditions, force majeure is understood in addition to what is understood in the law and jurisprudence in that area, all foreseen causes, foreseen or not foreseen, on which HRC Trading can not exert influence and as a result of which HRC Trading is unable to meet the obligations. come.
- In case of force majeure, the parties are not obliged to continue the Agreement, nor are obliged to pay any compensation.
Article 18 Guarantees
- HRC Trading guarantees that the delivered goods comply with the agreement. HRC Trading also guarantees that the delivered goods comply with the usual requirements and standards that can reasonably be imposed on them and that the goods have those properties which, taking all circumstances into account, are required for normal use.
- The guarantee stated in these General Terms and Conditions applies to use inside and outside the Netherlands.
- The guarantee applies, from the moment of delivery, for a period of 6 months, unless the nature of the delivery dictates otherwise or parties have agreed otherwise. After expiry of the guarantee period, all costs for repair or replacement, including administration, shipping and call-out charges, will be charged to the Other Party.
- If the delivered item has been produced by a third party, then the guarantee that is provided by this third party applies unless otherwise indicated.
- Any form of guarantee will lapse if a defect arises as a result of improper use or lack of care, whether it is the result of changes that the Other Party or third parties have made to the delivered goods. Nor is HRC Trading responsible for any damage that may arise as a result of these defects.
- The guarantee will also lapse if the defect arises due to or is the result of circumstances that HRC Trading can not influence. Under these circumstances include weather conditions.
Article 19 Research and advertising
- The Other Party is obliged to inspect the delivered goods at the moment of delivery, but in any case within 5 days after delivery. The Counterparty must also examine whether the quality and quantity of the delivered goods correspond with what has been agreed, or at least meet the requirements that apply to them in the normal course of trade.
- Defects and shortcomings must be reported to HRC Trading in writing within 8 days of delivery of the Product. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.
- The right to (partial) refund of the price, repair or replacement of the Product or compensation will lapse if defects are not reported within the set period, unless a wider period ensues from the nature of the Product or from circumstances of the case.
- The payment obligation will not be suspended if the Other Party notifies HRC Trading of the defective item within the specified period.
- If a complaint is submitted in time, the Other Party remains obliged to purchase and pay for the purchased items, unless it does not have an independent value.
Article 20 Liability
- HRC Trading is only liable for direct damage caused by deliberate recklessness or intent of HRC Trading.
- HRC Trading is never liable for indirect damage, including in any case consequential loss, lost profit, missed savings, business stagnation or immaterial damage of the Other Party. In the case of consumer purchase, this restriction does not extend beyond that which is permitted pursuant to Section 7:24, paragraph 2 of the Dutch Civil Code.
- HRC Trading is not liable for damage of any nature whatsoever, because HRC Trading has assumed incorrect and / or incomplete information provided by the Other Party, unless this incorrectness or incompleteness should have been known to HRC Trading.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of HRC Trading or its managerial subordinates.
- If HRC Trading is liable for any damage, then the liability of HRC Trading is limited to the amount up to a maximum of three times the amount stated in the invoice or to the amount to which the insurance contracted by HRC Trading entitles, increased by its own risk that HRC Trading carries according to the insurance.
- The Other Party must report the damage for which HRC Trading can be held liable, as soon as possible, but in any event within 10 days after the occurrence of the damage to HRC Trading, all this subject to the penalty of any right of compensation for this damage.
- Any liability claim against HRC Trading will lapse within one year after the Other Party became aware of the harmful event or could reasonably have known about it.
Article 21 Privacy and cookies
Article 22 Change of general conditions
- HRC Trading has the right to change these terms and conditions unilaterally.
- Changes will also apply to agreements already concluded.
Article 23 Applicable law and disputes
- Dutch law is exclusively applicable to all legal relationships to which HRC Trading is a party. This also applies if a contract is performed wholly or partly abroad or if the Other Party is domiciled abroad.