Terms & Conditions

General Delivery and Sales Conditions Webshop 4YourCar (part of Poly4U)

GENERAL TERMS AND CONDITIONS 4YOURCAR
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, including those that are conjugated in plural or singular, are used in the following sense, unless the nature or purport of the provisions dictate otherwise.
1. 4YourCar: the user of these general terms and conditions, part of Poly4U, established in Zoetermeer, registered in the trade register under Chamber of Commerce number 64205479.
2. Counterparty: any natural or legal person with whom 4YourCar has concluded or intends to conclude an agreement.
3. Consumer: a counterparty as referred to in paragraph 2, natural person, not acting in the exercise of a profession or business.
4. Parties: 4YourCar and the other party jointly.
5. Web store: www.4yourcar.nl.
6. Agreement: every agreement concluded between the parties with which 4YourCar has committed itself towards the other party to the delivery of products.
7. Products: the goods to be delivered by or on behalf of 4YourCar to the other party in the context of the agreement, which may include non-exhaustive purposes, various accessories for pick-ups, SUVs and company cars.
8. Written: communication in writing, communication by e-mail or any other form of communication that can be equated with this in view of the state of the art and the prevailing opinions in society.
9. Right of termination: the legal possibility offered to a consumer to terminate the agreement until 14 days after receipt of the products by or on behalf of the consumer.

ARTICLE 2. | GENERAL PROVISIONS
1. These general terms and conditions apply to every offer from 4YourCar and every agreement concluded.
2. The possible general or different terms and conditions of the other party do not apply to the agreement.
3. The provisions of these general terms and conditions can only be deviated explicitly and in writing. If and to the extent that what the parties have explicitly agreed in writing deviates from the provisions of these general terms and conditions, what the parties have explicitly agreed in writing applies.
4. Destruction or invalidity of one or more of the provisions of these general terms and conditions or the agreement as such does not affect the validity of the other clauses. In an appropriate case the parties are obliged to consult each other in order to make a replacement arrangement with regard to the affected clause. In doing so, the aim and scope of the original provision are taken into account as much as possible.

ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
1. Every offer from 4YourCar is without obligation, even if a term of acceptance is stated therein. 4YourCar can still revoke its offer until immediately after acceptance by the other party. If 4YourCar revokes its offer and payment by the other party has already taken place, 4YourCar will immediately arrange for reimbursement to the other party.
2. The other party cannot derive any rights from an offer from 4YourCar that contains an apparent error or mistake.
3. Without prejudice to the provisions of paragraph 1, every agreement is concluded at the time that the order is placed by the other party and the other party has met all the conditions stated in the offer of 4YourCar. 4YourCar will confirm receipt of the order by e-mail to the other party as soon as possible.
4. If the other party concludes the agreement on behalf of another natural or legal person, it declares that it is authorized to do so by entering into the agreement. In addition to this (legal) person, the other party is jointly and severally liable for the fulfillment of the obligations arising from that agreement.

ARTICLE 4. | RIGHT OF DISSOLUTION FOR CONSUMERS IN WEB SHOP ORDERS
1. Without prejudice to the other provisions of this article and in particular the provisions of the following paragraph, the consumer may terminate the agreement directly concluded through the web store up to 14 days after the products have been received by or on behalf of the consumer, dissolve without giving reasons.
2. The consumer has no right of dissolution with:
a. the delivery of products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
b. the delivery of products that by nature are irrevocably mixed with other goods after delivery;
c. a delivery in respect of which the right of dissolution is otherwise excluded under Section 6.5.2B of the Dutch Civil Code.
3. The consumer who makes use of the right of dissolution can dissolve the agreement by submitting a request to 4YourCar by e-mail or by using the model form offered by 4YourCar for withdrawal. As soon as possible after 4YourCar has been informed of the consumer's intention to terminate the agreement and if the conditions of this article are met, 4YourCar will confirm the termination of the agreement by e-mail.
4. During the period as referred to in paragraph 1, the consumer must handle the products to be returned with care, as well as the packaging thereof. The consumer may only handle and inspect the products to the extent necessary to assess the nature and characteristics of the products. The basic principle here is that the consumer may only handle and inspect the products to the extent that he would be allowed to do in a physical store.
5. If the consumer exercises the right of dissolution, he will return the products concerned undamaged, with all accessories supplied and in the original condition and packaging, to the return address specified by 4YourCar.
6. The consumer is liable for value reduction of the products that is the result of a way of handling the products that goes beyond what is permitted under paragraph 4. 4YourCar is entitled to charge the consumer for this depreciation, for example by settling it with the payment already received from the consumer.
7. Return of the products must take place within 14 days after the consumer has submitted the request to 4YourCar to terminate the agreement.
8. If the consumer makes use of the right of dissolution, the costs of returning the products are for his account.
9. 4YourCar will reimburse the payments received from the consumer, less any depreciation, as soon as possible, but no later than fourteen days after termination of the agreement, to the consumer, provided that the products have been received back, or the consumer has demonstrated that the products actually return have been sent. If the right of dissolution is only applied to a part of the order, any delivery costs paid by the consumer in the first instance will not be eligible for a refund. Furthermore, 4YourCar is not obliged to reimburse the additional costs if, when ordering, the consumer explicitly opted for a method other than the least expensive method of standard delivery offered by 4YourCar.

ARTICLE 5. | TERMS
1. The delivery period to which 4YourCar has committed itself towards the other party is an indicative, non-fatal period. 4YourCar may also be dependent on third parties, such as its supplier, for compliance with this period. If the late performance is the result of a circumstance not attributable to 4YourCar, or force majeure within the meaning of Article 12, the obligations of 4YourCar will be suspended for the duration of the force majeure situation, without the other party claiming compensation or any other compensation. . The provisions of the remainder of Article 12 shall apply accordingly in such a case.
2. If the late performance is the result of a circumstance attributable to 4YourCar, the default of 4YourCar will not occur until after the other party has notified 4YourCar in writing of default, in which notice of default a reasonable term for compliance has been stated, and 4YourCar after the expiry of the last-mentioned period is still in breach of compliance.
3. Default by 4YourCar as a result of a circumstance attributable to 4YourCar, as referred to in paragraph 2, offers the other party the right to dissolve that part of the agreement to which the default relates, but never the right to additional compensation.

ARTICLE 6. | DELIVERY
1. The delivery of the products takes place at the explicitly agreed place and manner. If a place and / or method of delivery has not been expressly agreed, delivery of the products will take place by delivery thereof to the delivery address specified by the other party. In the absence of a delivery address, the billing address is regarded as the delivery address.
2. 4YourCar or its supplier determines the method of packaging and possible shipment of the products.
3. 4YourCar reserves the right to deliver orders (in part). In the case of a partial delivery, the cooling-off period of the consumer in connection with the right of dissolution only commences on the day that the last partial delivery from the order was received by or on behalf of the consumer.
4. The risk of loss and damage to the products is transferred to the other party when the products have been received by or on behalf of the other party.
5. If the agreed delivery period is exceeded, the other party is never entitled to refuse to accept the products to be delivered and / or to pay the agreed price.
6. If 4YourCar incurs additional costs (such as storage costs and / or costs in connection with multiple delivery attempts) due to a circumstance attributable to the other party, which would not exist if the other party had properly fulfilled its purchasing obligation towards 4YourCar, these will be met additional costs for the account of the other party. If the other party fails to meet its purchasing obligations towards 4YourCar, 4YourCar reserves the right at all times to terminate the agreement with immediate effect, without prejudice to the other party's liability for what it owes 4YourCar pursuant to the agreement.

ARTICLE 7. | GUARANTEE
1. The other party, subject to the provisions of the following paragraph, only claims any factory warranty supplied by the supplier of 4YourCar and transferred to the other party.
2. A guarantee provided by 4YourCar, manufacturer or importer does not affect the mandatory legal rights and claims that consumers can assert against 4YourCar.
3. Without prejudice to any explicitly stipulated guarantee conditions, the guarantee provided will in any case lapse if a defect of the product is the result of an external cause or otherwise cannot be attributed to 4YourCar or its supplier. This is understood to mean non-exhaustive, defects due to damage, natural wear and tear, incorrect or improper treatment, incorrect or improper use, use contrary to the instructions for use or other instructions from or on behalf of 4YourCar, non-professional and regular (doing) maintaining and making changes, including repairs that have not been carried out with the prior approval of 4YourCar.
4. The other party can only invoke a guarantee if the other party has fulfilled all its payment obligations arising from the agreement.
5. In the event of a valid warranty claim from the other party, it will, at the option of 4YourCar, only claim repair or replacement of the delivered goods. Repair or replacement applies to 4YourCar as full compensation.

ARTICLE 8. | INVESTIGATION AND COMPLAINTS
1. At the time of delivery of the products, the other party must immediately examine whether the products meet the agreement. If the products are collected at the 4YourCar location, the other party declares by taking receipt of the products that they comply with the agreement, unless the other party has made a written reservation on receipt.
2. In the event of delivery of the products to the other party, the other party must carefully check the packaging and contents thereof upon receipt. In the event of damage, this must be stated on the dispatch note as applied to the packaging or to the delivery note. Such a statement must read "packaging damaged or packaging and content damaged". The driver must sign the bill or receipt. The other party must keep the invoice or receipt well and possibly take photos of the damage, after which the other party must contact 4YourCar as soon as possible. Damage without any mention in this regard on the shipping invoice or transport slip will not be processed.
3. In the event of damage, the other party is entitled at all times not to receive the order, in which case the other party is requested to contact 4YourCar as soon as possible.
4. The provisions of this article are without prejudice to the mandatory legal rights of consumers.
ARTICLE 9. | FORCE OF THE MAJORITY
1. 4YourCar is not obliged to fulfill any obligation from the agreement if and for as long as it is hindered by a circumstance that cannot be imputed to it by law, legal act or social opinion.
2. Insofar as the force majeure situation makes compliance with the agreement permanently impossible, the parties are entitled to terminate the agreement with immediate effect.
3. If, upon the occurrence of the force majeure situation, 4YourCar has already partially met its obligations, or can only partially meet its obligations, it is entitled to separately invoice the part already executed or the executable part of the agreement as if it were an independent agreement. .
4. Without prejudice to the application of the previous paragraph, damage resulting from force majeure is never eligible for compensation.

ARTICLE 10. | SUSPENSION AND DISSOLUTION
1. 4YourCar is, if the circumstances of the case reasonably warrant it, authorized to suspend the execution of the agreement without judicial intervention or to dissolve the agreement in whole or in part with immediate effect, if and insofar as the other party does not fulfill its obligations under the agreement , does not fulfill its obligations on time or in full, or after circumstances have come to the knowledge of 4YourCar that give good reason to fear that the other party will not fulfill its obligations. If the fulfillment of the obligations of the other party in respect of which it fails or threatens to fall short, is not permanently impossible, the power to dissolve only arises after the other party has been notified in writing by 4YourCar, in which notice of default is a reasonable term. stated within which the other party can (still) fulfill its obligations and the fulfillment after the expiry of the last mentioned period is still not fulfilled.
2. If the other party liquidates its business or transfers it to a third party, is in a state of bankruptcy, has applied for (provisional) suspension of payment, the Natural Persons Debt Restructuring Act has been declared applicable to it, any seizure of its goods has been made, as well as in case in which the other party cannot otherwise freely dispose of its assets, 4YourCar is entitled to terminate the agreement with immediate effect and without judicial intervention, unless the other party has already provided sufficient security for the fulfillment of its payment obligation.
3. The other party never claims any form of compensation in connection with the suspension or termination right exercised by 4YourCar on the basis of this article.
4. The other party is obliged to compensate 4YourCar as a result of the suspension or dissolution of the agreement.
5. If 4YourCar terminates the agreement on the basis of this article, all claims that 4YourCar has on the other party are immediately due and payable.

ARTICLE 11. | PRICES AND PAYMENTS
1. All prices stated by 4YourCar are in euros, excluding VAT and any other government levies, provided that the total price including VAT is stated before concluding an agreement with a consumer.
2. If after the conclusion of the agreement, but before delivery, price increases of cost-determining factors occur which 4YourCar cannot reasonably foresee and on which 4YourCar cannot reasonably influence, 4YourCar is entitled to pass on these price increases to the other party, on the understanding that a consumer for that reason, it is entitled to terminate the agreement if the price increase takes place within three months after the conclusion of the agreement and 4YourCar explicitly states that it does not want to fulfill the agreement under the originally agreed price conditions. Intended competence of the consumer
to terminate the agreement does not apply if the price increase is the result of increases in VAT or other government levies.
3. 4YourCar is entitled to demand that the price owed by the other party be paid in full or in part through advance payment, on the understanding that 4YourCar will not oblige a consumer to pay in advance more than 50% of the purchase price. However, if the consumer has already opted for payment in advance of more than half the purchase price, he remains bound by this choice.
4. 4YourCar is not obliged to (further) implement the agreement until after the other party has fulfilled all its payment obligations to 4YourCar that are already due and payable. In accordance with the provisions of Article 10, in the event of payment default by the other party, 4YourCar is therefore entitled to suspend performance of the agreement until the other party has cleared its payment default.
5. Payments must be made using the payment method prescribed by 4YourCar. In the event of payment by bank transfer, this must be done within the period stated on the invoice.
6. Payment must be made without any recourse to suspension or set-off, insofar as the law does not obstruct this for the benefit of the consumer.
7. 4YourCar is entitled to make invoices due to the other party exclusively available to it by e-mail.
8. If the other party liquidates its business or transfers it to a third party, is in a state of bankruptcy, has applied for (provisional) suspension of payment, the Natural Persons Debt Restructuring Act has been declared applicable to it, any seizure of its goods has been made, as well as in case in which the other party cannot otherwise freely dispose of its assets, the claims against the other party are immediately claimable.
9. If timely payment is not made, the other party's default will be legally effective. From the day that the other party's default occurs, the other party owes an interest of 2% per month on the outstanding amount, whereby part of a month is considered a full month. Contrary to the previous sentence, instead of the contractual interest referred to therein, the statutory interest applicable at the time of the payment default applies if the other party acts in the capacity of consumer.
10. All reasonable costs, such as judicial, extrajudicial and execution costs incurred to obtain the amounts owed by the other party, are for the account of the other party.

ARTICLE 12. | LIABILITY AND DISCLAIMER
1. With the exception of the provisions of Article 7 and 8, 4YourCar is no longer liable for defects in the delivered goods after delivery.
2. The other party bears the damage caused by inaccuracies or incompleteness in the order data it has provided, any other shortcoming in the fulfillment of the other party's obligations arising from the law or the agreement, and any other circumstance that cannot be attributed to 4YourCar.
3. 4YourCar is never liable for indirect damage, including loss suffered, lost profit and damage due to business interruption. Direct damage is exclusively understood to mean:
- the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage that qualifies for compensation within the meaning of these general terms and conditions;
- any reasonable costs incurred to have the defective performance of 4YourCar comply with the agreement, insofar as these can be attributed to 4YourCar;
- reasonable costs incurred to prevent or limit damage, insofar as the other party demonstrates that these costs have led to a limitation of direct damage within the meaning of these general terms and conditions.
4. If 4YourCar is liable for any damage, then 4YourCar has the right to repair this damage at any time. The other party must give 4YourCar the opportunity to do so, failing which any liability of 4YourCar in this regard will lapse.
5. The liability of 4YourCar is limited to at most repair or replacement of the delivery to which the liability of 4YourCar relates. If repair or replacement is not possible, the liability of 4YourCar is limited to at most the invoice value of the agreement, at least that part of the agreement to which the liability of 4YourCar relates.
6. If the liability of 4YourCar is excessive in spite of the other provisions of these general terms and conditions, the liability of 4YourCar will never exceed the amount actually paid out in the case in question on the basis of the liability insurance taken out by 4YourCar, plus any deductible of 4YourCar that is applicable under that insurance.
7. The limitation period of all legal claims against 4YourCar is one year. Contrary to the previous sentence, legal claims due to consumers that are based on facts that would justify the claim that a consumer purchase does not comply with the agreement, expire after two years.
8. In the case of a consumer purchase, the limitations of this article do not extend beyond what is permitted under article 7: 24 paragraph 2 of the Dutch Civil Code.
9. The liability limitations from these general terms and conditions do not apply if the damage was caused by intent or deliberate recklessness on the part of 4YourCar.

ARTICLE 13. | RETENTION OF TITLE
1. All products delivered by 4YourCar remain his property until the other party has properly fulfilled all its obligations under the agreement.
2. The other party is prohibited from selling, pledging or encumbering the products subject to retention of title in any other way.
3. If third parties seize the products on which the retention of title rests, or wish to establish or enforce rights thereon, the other party is obliged to inform 4YourCar of this as soon as possible.
4. The other party gives unconditional permission to 4YourCar or third parties designated by 4YourCar to enter all those places where the products subject to retention of title are located. 4YourCar is entitled to take back the products referred to here in the event of default by the other party. All related reasonable costs are at the expense of the other party.

ARTICLE 14. | GENERAL COMPLAINT POLICY
1. Complaints regarding the implementation of the agreement must, without prejudice to the provisions of Article 8, be submitted to 4YourCar in full and clearly described in writing within a reasonable time after the other party has fully and clearly described the grounds for the complaint.
2. Complaints submitted to 4YourCar will be answered within a period of fourteen days after receipt thereof. If a complaint requires a longer processing time, a reply will be sent within the period of fourteen days with an acknowledgment of receipt and an indication of when the other party can expect a more detailed answer.
3. If a complaint from a consumer cannot be resolved in mutual consultation, the consumer can submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/).

ARTICLE 15. | INTELLECTUAL PROPERTY
1. 4YourCar reserves all intellectual property rights to the brand names and marks it carries. The other party is forbidden to duplicate these goods, to have them reproduced, to have them reproduced, to have them made public or to have them disseminated or to distribute them or to use them in any way other than the nature or purport of the goods. agreement or resale activities of the other party.
2. A breach attributable to the other party of the provisions of the previous paragraph gives 4YourCar the right to claim immediate cancellation of the infringement, as well as any compensation to be determined on the basis of the nature and scope of the infringement.

ARTICLE 16. | FINAL PROVISIONS
1. Only Dutch law applies to every agreement and all legal relationships resulting from it between parties.
2. Parties will not appeal to the courts until they have made the best effort to settle the dispute in mutual consultation.
3. To the extent that the law does not deviate from it, only the competent court within the district of the registered office of 4YourCar is designated to take cognizance of any legal disputes.
4. If these general terms and conditions are available in several languages, the Dutch version thereof will always determine the explanation of the stipulations contained therein [/ vc_column_text] [/ vc_column] [/ vc_row]