General terms and conditions
General terms and conditions of:
Partscenter Holland B.V.
t.h.o.d.n. US Partscenter en C&P U.S.A.
Waalhaven Zz 6, HAVEN 2248
3088 HH Rotterdam
Chamber of Commerce registration number: 24234887
Article 1: Applicability - definitions
1. These general terms and conditions apply to every offer from us and to all our purchase/sale agreements - whether or not concluded via our website www.uspartscenter.nl - and to all our assignment agreements that we conclude with you.
2. If (part of) a provision is void or annulled, the other provisions of these general terms and conditions remain applicable.
3. In the event of a discrepancy between these general terms and conditions and a translation thereof, the Dutch text applies.
4. These general terms and conditions also apply to repeat or partial orders, follow-up or partial orders.
5. All provisions in these general terms and conditions are written for our business buyers/clients as well as for consumers. We use the term “consumer” when a provision contains a deviation/supplement that only applies to consumers. A “consumer” is: a natural person who acts outside his business or professional activity.
6. We also use the following terms in these general terms and conditions:
a. offer : any offer from us, whether or not in the form of a written quotation;
b. in writing : by letter, by e-mail or any other form of communication that can be equated with this, such as WhatsApp messages;
c. documents : both physical and digital documents, for example advice, reports, manuals, etc. to be provided by you or us;
d. information : both mentioned documents and other (oral) data;
e. business : our products in the field of American car parts and related/associated products;
f. assignment : an assignment to carry out work on (parts of) cars, for example providing software updates, duplicating your key or programming your key/ignition;
g. our website : the website referred to in paragraph 1.
Article 2: Offer
1. Unless we state a validity period in/with our offer, this is a non-binding offer. We may revoke a non-binding offer no later than 2 working days after receipt of your acceptance.
2. A composite offer does not oblige us to deliver part of the offered performance or goods for a corresponding part of the price/compensation.
3. If we base our offer on your information and this information proves to be incorrect/incomplete or changes afterwards, we may adjust the stated prices, rates and/or terms accordingly.
4. Our offer and our prices and rates do not automatically apply to repeat orders or new/follow-up orders.
5. Samples, models and examples shown or provided to you, statements of colours, capacities, performance, properties, dimensions, weights and other descriptions in brochures,
promotional materials or on our website are as accurate as possible, but are for indicative purposes only. You can not claim any rights to this.
Article 3: Establishment of agreement
1. The agreement is concluded after you have accepted our offer, for example by agreeing to our quotation. If your acceptance deviates from the offer, the agreement will only be concluded after we have agreed to the deviations in writing.
2. We are only bound by:
a. an assignment or order without a prior offer;
b. verbal agreements;
c. additions to or changes to the general terms and conditions or agreement;
after we have confirmed this to you in writing or as soon as we - without your objection - have started the execution of the assignment, order or agreements.
3. We are only bound to your order via the website after we have confirmed the order to you in writing - whether or not via an automatic message.
Article 4: Distance purchasing - reflection period, right of cancellation
1. This article applies to consumers with distance purchasing within the meaning of Article 6:230g paragraph 1 of the Civil Code (sales via our website).
2. As a consumer you have a statutory cooling-off period of 14 calendar days. You may terminate the agreement within this period without giving reasons.
3. The cooling-off period starts from the day on which you or a third party designated by you (other than the carrier): a. has received the ordered goods;
b. has received the last item, if your order concerns multiple items and these items are delivered separately;
c. has received the last shipment or the last part, if the delivery of one item consists of different shipments/parts.
4. You terminate the agreement by sending a written statement to us or by using the termination form on our website.
5. The consequence of the dissolution is that any additional agreements will also be legally (automatically) dissolved.
6. You have no right of cancellation upon delivery of:
a. specific items tailor-made for you or items that are clearly intended for you/another specific person;
b. items that we do not normally carry in our range, but have been specially ordered for you;
c. goods that - for example for health protection reasons - are provided with a seal and of which the seal has been broken after delivery;
d. goods that are irrevocably mixed with other goods after delivery due to their nature.
7. Does the case not meet what we agreed? Then the complaints article in these general terms and conditions applies.
Article 5: Distance purchasing - return, refund
1. This article also only applies to consumers when selling via our website.
2. Unless we collect the items ourselves, the following conditions apply to returns:
a. within 14 calendar days after dissolution;
b. in the original, undamaged packaging;
c. unused;
d. at your expense and risk.
3. By “unused” in paragraph 2 sub c we mean: you may not use the goods further than is necessary to determine the nature, characteristics and operation of the delivered goods. What does this mean? You may carefully open a package to inspect the items, but do not damage this packaging. In addition, the items must always be oil and grease-free, unassembled and undamaged upon return. Are you acting in violation of paragraph 2(b) or (c)? Then you are liable for any reduction in value of the items.
4. We will refund the amounts received from you no later than 14 calendar days after receipt of your notice of dissolution. Unless we agree otherwise, we will do this in the same manner and in the same currency as your payment.
5. Paragraph 4 also applies to any shipping costs you paid to us for delivery, but the costs of return shipping are at your own expense. The latter also applies to additional (shipping) costs that you incurred because you chose a different method of delivery than the standard method offered by us.
6. Unless we collect the items ourselves, you can only claim a refund after:
a. we have received the goods back;
b. or you have demonstrated that you have returned the goods.
7. If the business:
a. have been processed;
b. are damaged;
c. have been used (see definition paragraph 3); we may refuse the goods or we only have to repay part of the amounts received to you. If this is the case, we will inform you immediately after receiving the items.
8. You are never liable or owe costs for the mere fact that you exercise your right of cancellation.
Article 6: Compensation - prices, rates
1. Unless we agree on a fixed fee (total price) with you for an assignment, we calculate our fee based on the hours spent at the agreed with you/our usual hourly rate. In the event of disagreements about the hours spent or charged, our time registration is binding, unless you provide proof to the contrary.
2. If during the execution of the assignment it appears that we have not correctly estimated the amount of work, we may increase an agreed fixed fee, provided that we cannot be blamed for the error of estimation and we cannot reasonably carry out the assignment for the agreed fee.
3. For urgent orders or if we carry out agreed work at your request outside our normal working days, we may charge you a surcharge. Our normal working days are: Monday to Friday (with the exception of recognized national holidays) within our usual working hours.
4. Our prices and rates stated in an offer, price or rate list are exclusive of VAT and any costs, such as transport or shipping costs, handling costs and declarations from third parties engaged.
5. Price reductions after the conclusion of the agreement due to - for example - discount promotions do not entitle you to a price reduction.
6. If, after concluding the agreement, we are confronted with (cost) price-increasing circumstances, we may adjust the prices/rates agreed with you accordingly. (Cost) price-increasing circumstances are in any case changes in legislation and regulations, government measures, currency fluctuations, changes in the prices of required materials/parts or changes in the rates of third parties engaged.
7. Are you a consumer and is there a price or rate change within 3 months after concluding the agreement? You may then terminate the agreement within 5 working days after we notify you of the change. Dissolution is effected by a written statement addressed to us.
Article 7: Engaging third parties
We may have deliveries and work carried out by third parties.
Article 8: Obligations - information
1. You ensure that:
a. you provide us in a timely manner with all information required for the execution of the agreement, such as - if applicable - documents associated with your car (or the relevant part);
b. we gain timely access to your location and (the relevant part of) your car;
c. we have access to the electricity connection options we require at the work location free of charge;
d. you do not leave any valuables unattended in the car. We are not liable for theft/loss of or damage to property left in the car.
2. You guarantee that the information provided to us is correct, complete and authentic and you indemnify us against claims from third parties arising from the incorrect, incomplete or inauthentic information of this information.
3. We keep all information that we receive from or about you when concluding/executing the agreement confidential. We only provide this information to third parties to the extent necessary for the execution of the agreement.
4. We process information that falls under the GDPR (General Data Protection Regulation) in accordance with the GDPR and the Privacy Statement published on our website and also report any breaches in the security of the information in accordance with the GDPR.
5. You may only resell the goods delivered to you in the original packaging from us or our supplier. You must not make any changes to the original packaging and you must avoid damage.
6. Do you not (in time) comply with the aforementioned obligations or your other obligations under the agreement/these general terms and conditions? We may then suspend the execution of the agreement until you have fulfilled your obligations. The costs and other consequences (for example damage) resulting from this are at your expense and risk.
7. If you fail to fulfill your obligations and we do not require immediate compliance, this will not affect our right to later request compliance from you.
Article 9: Delivery - terms - progress and implementation of agreement
1. We make every effort to deliver the agreed performance/items on time, but agreed terms are never strict deadlines. Do we not fulfill our obligations (on time)? Then you must grant us a reasonable period for compliance by giving us written notice of default.
2. If a delay occurs in the start, progress or completion of the assignment or the agreed delivery of goods because:
a. we do not receive all necessary information from you in a timely manner;
b. we do not have timely access to (the relevant part of) your car;
c. we do not receive an agreed (advance) payment from you on time;
d. there are other circumstances that are at your expense and risk;
we are entitled to a reasonable extension of the agreed term and to compensation for the costs and damage involved, such as any waiting hours.
3. Do we accelerate the execution of the agreement at your request? We may then pass on the overtime hours and other costs involved to you.
4. The risk for goods to be delivered passes to you as soon as the goods leave our building/site or we inform you that you can collect the goods.
5. Shipping or transport of ordered items is at your expense and risk. We are not liable for damage related to shipping/transport.
6. Are you a consumer? The risk for these items will then pass to you as soon as you or a third party designated by you receives the items. Do you appoint a carrier yourself? The risk then passes to you upon receipt of the goods by this carrier. Shipping or transport is at your expense.
7. We may store ordered items or materials purchased for the assignment, etc., at your expense and risk, if we cannot deliver the items to you in the agreed manner, you do not collect these items or we cannot carry out/complete the assignment and the the cause of this lies within your sphere of risk. We will give you a reasonable period within which you give us the opportunity to deliver, to carry out/complete the order or to collect the goods.
8. Will you default on your (purchase) obligation after this reasonable period? Then you are immediately in default. We may terminate the agreement in whole or in part by means of a written statement addressed to you and sell the ordered items/materials, etc., to third parties, without having to reimburse you for any damage, interest and costs. This also does not affect our right to compensation for our (storage) costs, damage and loss of profit or our right to request compliance from you.
9. We will inform you about the consequences for agreed prices, rates and terms:
a. in case of changes you wish to make to an order/order;
b. if during the execution of the agreement it appears that we cannot execute it in the agreed manner due to unforeseen circumstances. We will consult with you about a possible amended version. Do the aforementioned circumstances make implementation impossible? In that case, we are in any case entitled to full compensation for the work/deliveries already carried out and costs incurred by us.
10. We will agree additional and reduced work with you in writing. We are only bound by oral agreements after we have confirmed them to you in writing or as soon as we have started implementing them without your objection. Additional work in any case concerns all additional work and deliveries at your request or necessarily resulting from the execution of the agreement that are not included in the offer/assignment. We may pass on the costs involved to you separately.
Article 10: Approval - delivery for assignments
1. We will inform you when we have completed the agreed work and (the relevant part of) your car is (again) ready for use.
2. The work has been completed in accordance with the agreement when you have checked the operation of (the relevant part of) the car and signed the delivery statement or (work) order for approval.
3. You are also deemed to have given your approval if:
a. we do not provide a delivery statement or (work) order and you do not submit complaints within 5 working days after the notification referred to in paragraph 1;
b. you immediately put (the part of) the car back into use without inspection.
4. Do you engage third parties for work that (could) influence the proper use of (the relevant part of) your car? Then this is no reason for a later approval or rejection if this work has not yet been carried out/finished upon completion of our work.
5. Do you still notice defects, defects, imperfections, etc. after delivery? Then the provisions of the complaint article apply.
Article 11: Deposit for parts
1. We can designate delivered parts as so-called “deposit parts”. These can be both new parts and reconditioned parts. We would like to receive these deposit parts back from you when they are replaced by other parts during repairs, etc. You may not leave these deposit parts with a third party or put them back on the market for sale.
2. You pay a small deposit for these depositable parts in the price. If you return the relevant parts to us, we will take them back and refund the deposit to you. Returns can be made up to 6 months after the purchase date.
3. Parts offered by us with an active part number are eligible as deposit items.
4. The amount of deposit you receive can never be greater than that applicable to the parts you purchased. You cannot therefore return any parts other than those you purchased (part numbers must demonstrably match). You can also never return more parts than you initially purchased from us.
5. All deposit components must:
a. must be returned in the undamaged, clean packaging, box or crate in which we delivered the part to you;
b. must be fully drained and assembled and must be complete (including any associated parts/accessories that we initially supplied to you with the part in question).
Failing this, you will pay €75.00 in costs per deposit item. We may deduct these costs from the deposit payable to you. Have we already paid you for such depositable parts? Then - depending on the amount already paid - we may request a full or partial refund of that payment from you and you may have to pay a little extra to meet these costs.
Article 12: Complaints - returns
1. You check the delivered goods immediately upon receipt and report any visible defects, damage, errors, defects, etc. to us within 1 working day of receipt, followed by written confirmation. Are you not reporting these complaints in time? The goods are then deemed to have been received by you in good condition and to be in accordance with the agreement.
2. You must report any other complaints about the delivered goods to us in writing immediately after discovery - but no later than within the agreed warranty period. All consequences of not reporting immediately are at your risk.
3. You must also report complaints about work carried out to us in writing immediately after discovery - but no later than within the agreed period. All consequences of not reporting immediately are at your risk. In the absence of a timely complaint, the work is deemed to have been carried out in accordance with the agreement.
4. Do you not report a complaint in time? Then you cannot rely on an agreed guarantee.
5. Complaints do not suspend your payment obligation.
6. The previous paragraph does not apply to consumers.
7. You enable us to investigate the complaint and provide us with all relevant information. Is return shipment necessary for the investigation or do we have to investigate the complaint on site? Then this will be at your expense, unless your complaint subsequently turns out to be well-founded. You always bear the shipping/transport risk.
8. Unless there is a return shipment in the context of Article 5, return shipment will always take place in consultation, in a manner to be determined by us and in the original (undamaged) packaging/packaging.
9. Do you have no complaint about the delivered item, but do you want to return the item because - for example - you accidentally ordered the wrong product or, on second thought, you would prefer a different product? Then, in addition to the provisions of paragraph 9, the following applies:
a. we must have received the goods back within 30 days of the invoice date;
b. the returned goods must be oil and grease-free, unassembled and undamaged;
c. you can never return electrical parts or items that we do not normally carry in our range, but which were specially ordered for you. We will therefore not reimburse you for these items.
11. No complaints are possible about:
a. imperfections in/properties of items that are inherent to the nature of the materials or raw materials from which the items are made;
b. minor deviations accepted in the industry in stated capacities, performance, dimensions, etc.;
c. items that have been changed or edited or processed by you after receipt (for example, have already been assembled).
Article 13: Guarantees
1. We carry out the agreed deliveries and work properly and in accordance with the standards applicable in our industry, but do not provide any further guarantee than we expressly agree with you.
2. We guarantee the usual quality and soundness of the delivered goods during the warranty period.
3. When using parts/materials required for an order, we rely on information from the manufacturer or supplier about their properties. Does the manufacturer or supplier provide a warranty for these parts/materials or for the delivered goods? Then this guarantee applies in the same way between us. We will inform you about this.
4. Unless we agree otherwise, no warranty applies to used (second-hand) parts, such as exchange parts.
5. Defects/defects that are the result of changes of a technical nature made by or on your behalf to the delivered goods or the result of our work are not covered by the warranty.
6. Do you want to use the items for a purpose other than the usual purpose or in a manner other than the usual way? Then we only guarantee that the items are suitable for this if we confirm this to you in writing.
7. You cannot rely on the guarantee as long as you have not yet paid the price or compensation agreed for the goods/work.
8. The previous paragraph does not apply to consumers.
9. Are you rightly relying on an agreed warranty? We then have the choice of free repair or free replacement of the goods, carrying out the agreed work - free of charge and correctly - or a refund or discount on the agreed price/compensation. If there is additional damage, the provisions of the liability article apply.
10. Are you a consumer? Then you may always opt for free repair or free replacement of the items or to still carry out the work - free of charge and correctly - unless this cannot reasonably be asked of us. In the latter case, you may terminate the agreement - by means of a written statement addressed to us - or request a discount on the agreed price/fee.
Article 14: Liability
1. Apart from the guarantees expressly agreed with you or given by us, we accept no liability whatsoever.
2. We are only liable for direct damage. Any liability for consequential damage, such as business damage, loss of profit and loss suffered, damage due to delays, personal injury or personal injury, is expressly excluded.
3. You take all necessary measures to prevent or limit the damage.
4. If we are liable, our obligation to pay compensation is always limited to a maximum of the amount that our insurer will pay out in the relevant case. Is there no payment or is the damage not covered by an insurance policy taken out by us? Then our obligation to pay compensation is limited to a maximum of the invoice amount for the goods delivered and/or the work performed.
5. All your claims for compensation for damage suffered expire in any case 6 months after you are/could have been aware of the damage you suffered and could therefore have held us accountable for this.
6. Notwithstanding the previous paragraph, a period of 1 year applies to consumers.
7. Do you make parts or materials available for processing? We are then responsible for correct processing, but not for the soundness of these parts/materials nor for the effect that these parts/materials have on the end result or your car.
8. We are not liable - and you cannot rely on the applicable warranty - if the damage is caused by:
a. your improper use or use contrary to the purpose of the delivered goods or use contrary to the instructions, advice, instructions for use, manuals, etc. provided by or on behalf of us;
b. your improper custody (storage/stalling) of the goods or your car;
c. improper/insufficient maintenance of the goods by you or a third party engaged by you;
d. damage to the goods by external influences other than influences to which the goods should normally be resistant, such as fire, lightning strike, extreme hail, etc.; e. normal wear or corrosion;
f. errors, omissions, defects, etc. in the information or parts/materials provided or prescribed to us by or on behalf of you;
g. your directions or instructions;
h. or as a result of a choice by you that deviates from our advice or what is customary;
i. or because (repair) work or changes/edits have been carried out by or on your behalf to the delivered goods, without our express prior permission.
9. In the situations mentioned in the previous paragraph, you are fully liable for any resulting damage and you indemnify us against claims from third parties.
10. The limitations of liability included in this article do not apply if the damage is due to our intent or deliberate recklessness or if the limitations are contrary to mandatory legal provisions. Only in these cases will we indemnify you against claims from third parties.
Article 15: Payment
1. We may always request (partial) advance payment or other security for payment from you.
2. Unless we agree otherwise:
a. you pay for orders via our website as indicated on the website;
b. For other orders, payment is made in cash upon delivery/collection.
3. Do we agree to payment on account with you? Then you pay within a due period of 30 days after the invoice date. The correctness of the invoice is established if you do not object within this payment period.
4. Have you not paid (in full) within the payment term? Then you owe us default interest of 2% per month, to be calculated cumulatively over the principal amount. We count parts of a month as a full month. What does this cumulative monthly interest mean? We calculate the interest on the principal sum in the first month after the payment term has expired. In each subsequent month that you do not pay, we will calculate the interest on the principal sum plus the interest already accrued in the previous month(s).
5. For consumers we charge a default interest of 6% per year, unless the statutory interest is higher. In that case, the statutory interest rate applies.
6. If your payment is still not made after a reminder, we may also charge you extrajudicial collection costs of 15% of the invoice amount with a minimum of € 40.00.
7. In the event of a reminder, we give consumers a minimum period of 14 days after receipt of this reminder to pay. If payment is not made again, the extrajudicial collection costs for the consumer are:
a. 15% of the amount of the principal sum on the first € 2,500.00 of the claim (with a minimum of € 40.00);
b. 10% of the principal amount over the next € 2,500.00 of the claim;
c. 5% of the principal amount on the next €5,000.00 of the claim;
d. 1% of the principal amount over the next € 190,000.00 of the claim;
e. 0.5% of the excess of the principal amount.
All this with an absolute maximum of € 6,775.00.
8. To calculate the extrajudicial collection costs, we may increase the principal amount of the claim after 1 year by the default interest accrued in that year.
9. Is your payment delayed? We may then terminate the agreement - by means of a written statement addressed to you - or suspend our obligations under the agreement until you pay or provide us with proper security for this. We have this right of suspension even before you default on your payment, if we already have valid reasons to doubt your creditworthiness.
10. We will first deduct payments received from all interest and costs owed and then from the due and payable invoices that have been outstanding the longest, unless you indicate in writing when making payment that this relates to a later invoice.
11. You may not offset our claims against counterclaims you believe you have against us. This also applies if you apply for (provisional) suspension of payments or are declared bankrupt.
12. The previous paragraph does not apply to consumers.
Article 16: Retention of title
1. All items that we deliver to you remain our property until you have met all your payment obligations.
2. These payment obligations not only concern the purchase price of the goods, but also our claims:
a. for work performed that is related to the delivery;
b. due to an attributable shortcoming on your part, such as compensation, extrajudicial collection costs, interest and any fines.
3. If we deliver identical, non-individualizable goods to you, the batch of goods corresponding to the oldest invoice(s) will always be deemed to have been sold first. This means that it
retention of title always applies to all delivered goods that are still present in your stock/premises at the time we invoke our retention of title.
4. You may resell the goods in the context of your normal business operations, provided that you also agree to a retention of title with your customers.
5. You may not pledge items subject to retention of title or bring them into the actual control of a financier.
6. You inform us immediately if third parties claim that they have ownership or other rights to the goods.
7. As long as you have the goods, you will keep them carefully and as our identifiable property.
8. You provide business or home contents insurance in such a way that the goods delivered under retention of title are also insured. At our request, you will provide us with access to the insurance policy and associated premium payment certificates.
9. Are you acting contrary to this article or are we invoking our retention of title for another reason? We/our employees may then enter your premises and take the items back. This does not affect our rights to terminate the agreement - by means of a written statement addressed to you - or to receive compensation for our damages, lost profits and interest.
Article 17: Your property - right of retention
1. If you make property available to us - for example your car key for duplication or programming - it remains your property. We do not use these properties other than necessary for the execution of the assignment.
2. We may, however, suspend the return of your property if - and during the period that - you:
a. has not (fully) paid the costs of (previous) work on these properties/your car;
b. has not (fully) paid other due claims that we have on you.
3. We are not liable for any damage - of any nature - resulting from the right of retention exercised by us.
Article 18: Bankruptcy - inability to make decisions, etc
1. We may terminate the agreement - by means of a written statement addressed to you - at the time when you:
a. is declared bankrupt or an application has been made for this;
b. applies for (provisional) suspension of payments;
c. is affected by an enforcement order;
d. is placed under guardianship or administration;
e. otherwise loses the power to dispose of or act with regard to (parts of) your assets.
2. You always inform the curator or administrator about the (content of the) agreement and these general terms and conditions.
Article 19: Force majeure
1. If we fail to fulfill our contractual obligations towards you, we cannot be held responsible for this in the event of force majeure.
2. In the following circumstances there will in any case be force majeure on our part:
a. war, riot, mobilization, domestic and foreign unrest, government measures or threat of these/similar circumstances;
b. disruption of the currency relationships existing at the time the agreement was entered into;
c. business disruptions due to fire, burglary, sabotage, failure of electricity, internet or telephone connections, cybercrime, strikes, (measures in connection with) epidemic or pandemic, natural phenomena, (natural) disasters, etc.;
d. Transport difficulties and delivery problems caused by weather conditions, road blocks, accidents, import and export restrictive measures, a (temporary) lack of the required materials/parts, etc.
3. In the event of force majeure, we may terminate the agreement - by a written statement addressed to you - or adjust our work/deliveries or suspend them for a reasonable period. We then do not have to pay any compensation to you.
4. Does the force majeure situation occur after we have already partially executed the agreement? Then we are entitled to reimbursement for work/deliveries already carried out.
Article 20: Cancellation - suspension
1. This article does not apply to dissolution within the statutory cooling-off period as referred to in article 4.
2. If you cancel the agreement prior to or during execution, we may charge you liquidated damages for:
a. all costs incurred (such as materials already purchased);
b. our damage suffered as a result of the cancellation, including the lost profit.
Depending on work and deliveries already carried out and costs incurred, this compensation is 20 to 100% of the agreed price/compensation.
3. If you cancel/reschedule a scheduled appointment less than 24 hours in advance or are not present at the agreed time, we may charge you for the time reserved for this.
4. You indemnify us against claims from third parties arising from the cancellation.
5. We may offset the damages owed against all amounts paid by you and any counterclaims.
6. Are you asking us to suspend the execution of the agreement? We may then immediately claim the compensation for all work/deliveries carried out and charge you. This also applies to costs incurred, costs arising from the suspension and hours that we or third parties engaged by us have already reserved for the suspension period.
7. Costs we incur for resuming work/delivery(s) are also at your expense. Can we not resume the execution of the agreement after the suspension? We may then terminate the agreement - by means of a written statement addressed to you.
Article 21: Applicable law - competent court
1. Dutch law applies to our agreements.
2. We exclude the applicability of the Vienna Sales Convention (CISG).
3. We submit disputes to the court that has jurisdiction in our place of business. In addition, we always reserve the right to submit the dispute to the competent court in your place of business or residence.
4. As a consumer you can always choose the legally competent court, even if we choose a different court. You will then inform us of your choice within one month of receiving the summons.
5. If you are located/reside outside the Netherlands, we may also submit the dispute to the competent court in the country or state where you are located/reside.
Date: December 4, 2023