In these Terms & Conditions the following is interpreted:
- The object: This means a mobility object in the form of a: Car: a passenger car, a combination or delivery van derived therefrom, of which the total weight including the payload does not exceed 3,500 kg; Motor; Moped, scooter or (electric) bicycle.
- Object of Purchase: ean object that is sold by the buyer to the seller by purchase in the context of the agreement;
- The Agreement: the contract of purchase, sale or mediation of a new or used object or parts and accessories;
- The Seller: the person who, pursuant to the agreement, sells a new or used object or parts and accessories therefor; In case of mediation by your Auto Adviser, the seller will be the garage or (brand) dealer. If your Car consultant is a supplier then the seller is Your Car Advisor.
- The Buyer: the person who, under the agreement, buys a new or used object or parts and accessories;
- The Order: the agreement to perform mediation and / or appraisals, each individually or collectively referred to as 'activities';
- The Client: the person who instructs Your Car Adviser to carry out work;
- The Repairer: the person who carries out an assignment for an object and / or parts and accessories for this; this will often be the garage or (brand) dealer;
- The Warranty:
a. the warranty provided by the manufacturer, importer, seller or insurer on those objects, parts and accessories;
b. the warranty described in the relevant guarantee certificate (of Autotrust or similar) for a used item that can be provided by the seller;
Your Car Adviser's business activities:
Your Car Adviser: Personal advice and mediation for individuals and businesses or the customers of garage companies or (brand) dealers in the purchase, sale and / or valuation of a new or used object. See the website www.yourcaradviser.com for the description and working method.
Used Cars: Supplier of a new or used object. See the website www.yourcaradviser.com for the description and working method.
PURCHASING AND SELLING:
Article 1 - The Offer
The seller's offer is made verbally, in writing, or electronically and is valid (if a period for acceptance has been set) for the specified period. The acceptance of the offer by the buyer is only valid if it takes place within the set period. The electronic acceptance of the offer by the buyer is only valid if it has been confirmed by the seller. If no period for acceptance has been set, the offer remains valid for two working days, provided the object has remained unsold.
1a. In case an item is offered outside your own Car Consultant's stock then the offer is subject to: the ability to deliver the object and subject to the agreement made between Your Car Adviser and the owner (selling party) of the object.
1b. The offered object can only be sold if both the relevant garage or (brand) dealer (who hires your Auto Adviser) and Your Auto Adviser agree with the quality of the object in combination with the selling price of the offered object. If your Auto Adviser is the supplying party and your Auto Adviser has not been hired by a garage or (brand) dealer, your Auto Adviser determines whether the offer is still valid.
Article 2 - The Agreement
The agreement must always be recorded in writing or electronically. A copy of a written agreement must be provided to the buyer. However, the absence of a written or electronically recorded agreement does not invalidate this agreement.
When hiring Your Car Adviser, an agreement of mediation (Your Car Adviser) will be mailed to the buyer or garage or (Brand) dealer in accordance with the oral agreement. A reply to the email with an approval or a signed copy is sufficient to hire Your Car Adviser.
In a written or electronically recorded agreement, at any rate:
- The description of the object and any object to be purchased, both with any accessories;
- The price of the object at the time of the purchase and sale, with the indication whether the price is a fixed price or a fixed price; For companies the price is split into an in and ex price. For private individuals, the price includes VAT.
- The price of any item to be purchased at the agreed time of delivery of that object is made known if desired; For the most part, a total curb price is charged on the agreement after trade-in. The market value of the item to be exchanged is specified on the invoice.
- the delivery costs of the object (only if this is made compulsory by the dealer or manufacturer); Your Auto Advisor works (if possible) without delivery costs. Only the additional costs such as extended warranty, empty costs and accessories are listed separately.
- The presumed or explicit fixed delivery date;
- The reference to the guarantee provisions whereby the seller or a third party acts as guarantor (if possible, inspection of the warranty provisions of this third party).
- The method of payment.
-The indication of reservation of financing (if applicable).
Article 4 – Price/Price changes/Price increase
- Changes in taxes, excise duties and similar government levies are charged at all times in the fixed price as well as the non-fixed price of both new and used objects.
-Without prejudice to the provisions of article 6 paragraph 1, in addition to the aforementioned changes, price increases due to changes in factory and / or import prices and in exchange rates may also be passed on in the price of new objects that has not been fixed. After notification of this change, the buyer has the right to terminate the agreement if the increase of the stipulated price is made by the seller after the conclusion of the agreement. The dissolution must take place within ten days of such notification.
-If the costs for the object are technically and / or optically higher than the pre-budgeted costs and Your Auto Adviser has stopped the offer, it is still possible (in consultation) that the sales price will be adjusted upwards. For example, the buyer can make the choice to purchase the offered item for a higher price than communicated in advance.
-Your Car Adviser uses the objects that are offered in the market. It is possible that the total curb price (higher or lower) deviates from the price as stated by the supplier of the object on the internet. Possible reasons for a different higher price may be the warranty conditions, technical preparation costs, costs incurred by Your Car Adviser and the fee of Your Car Adviser in the curb-up price.
Article 5 - Object risks
The item is at the expense and risk of the seller until the time of actual delivery. Any item to be purchased will only become the property of the seller once the actual delivery has taken place. Until that time, the item to be purchased is for the account and risk of the buyer and all costs are for his account. This also includes the costs of maintenance and any damage, caused by whatever cause, including the damage as a result of not being able to submit the complete registration certificate.
If a car is in Consignment with Your Auto Adviser, on the instructions of the seller, the owner of the car will remain responsible for the possible damage or theft by third parties. your Auto Adviser can not be held liable in any way for damage caused by damage, theft or fire or other misfortune.
Article 6 - The exceedance of delivery time
-When exceeding the expected delivery period of the object, the buyer can give the seller written notice of default. If the seller has not yet delivered the object within three weeks after the notice of default, the buyer has the right to declare the contract dissolved without judicial intervention. If the seller still delivers the item within the set period of three weeks, any price increase will not be charged within this period.
-If the seller fails attributably in respect of exceeding the expected delivery period, the buyer may demand compensation for the damage suffered. In the event that a fixed delivery period is exceeded, the buyer has the right to declare the agreement canceled and / or demand compensation for the damage suffered without notice of default or judicial intervention.
-If the exceeding of a delivery period is a result of force majeure on the part of the seller, both buyer and seller have the right to dissolve the agreement. The right to dissolution arises as soon as the agreed fixed term has been exceeded. As soon as a presumed delivery period has been exceeded, the parties have the right to dissolve three weeks after the notice referred to in paragraph 1 or at the time when the seller notifies to deliver within three weeks. In all cases in which the seller can invoke a situation of force majeure with a permanent character, both parties are entitled to dissolve the agreement.
Article 7 - Cancellation
- The buyer has the authority to cancel the purchase agreement, regardless of whether the seller has failed in his obligations. This cancellation can only take place in writing. The buyer is obliged within one week of this cancellation to compensate the seller for all damage that he suffers as a result of the cancellation. This damage is fixed at 15% of the purchase price of the canceled item. If the buyer has not paid this compensation within 10 days, the seller has the right to inform the buyer in writing that he requires compliance with the concluded agreement. In that case the buyer can no longer appeal to the cancellation. The buyer's obligation to pay this compensation is a debt within the meaning of article 13 of these General Terms and Conditions for which a moment of payment has been expressly agreed.
-The authority to cancel lapses if the object to be purchased has been delivered by the buyer to the seller.
Article 8 - The invoice
An itemized account is issued for the work performed.
Article 9 - Replacement parts during repair
The replaced parts will be made available to the client after execution of the order, if this has been requested when the order is issued. This does not apply to parts that have to be separated in connection with warranty claims. In that case, the parts will be made available after the warranty claims have been settled in accordance with the warranty and the client wants to show by means of these parts that the guarantee claims have not been (still) insufficiently processed. In all other cases the replaced parts become the property of the repairer, without the client being entitled to any compensation.
Article 10 - Damage assessment
If the repairer has performed a damage assessment, the actual costs incurred will be charged to the client. These costs will not be charged if an order for repair is provided to the repairer, or if the delivery of another object is agreed with the repairer. The valuation costs are agreed in writing by the parties. In the absence thereof, valuation costs to be determined in reasonableness will be due, whereby the parties will take as a starting point the rules of conduct with expertise drawn up by mutual agreement between BOVAG, FOCWA, NIAV and NVV.
Article 11 - Warranty on objects and parts / accessories
1.If Your Auto Consultant is a supplier and there is a guarantee that is controlled / controlled via Your Auto Adviser.
2.If Your Auto Advisor is an intermediary, the warranty expires via the supplying garage or via the (brand) dealer. Your Auto Advisor can not be held liable in any way for technical or optical defects or consequential damages. The preliminary inspection has indeed taken place with the expertise of the garage or (Brand) dealer.
3.If Your Car Consultant is a supplier (Your Auto Showroom), the garage or (Brand) dealer is responsible for the delivered quality for the first 16 days. After all, with the skill, the car has found it okay at the technical inspection and prepared by order of Your Auto Adviser.
4.If Your Auto Adviser is a supplier, the majority of the warranty is outsourced through insurers such as Autotrust. The Object must then be repaired by the garage that prepared the object or by another garage that will assign your Auto Adviser.
5.By the warranties mentioned in this article and in Article 12, the legal rights (including the right pursuant to Book 7 of the Dutch Civil Code that the case on delivery to the agreement answers) that a buyer / client not acting in the exercise of profession or the company has not been affected.
6. On new objects and on new parts no other guarantee applies than that provided by the manufacturer or importer, and the legal rights as mentioned in paragraph 1.
7. On used objects, the seller, unless the buyer has explicitly stated in writing to waive the warranty, grants a minimum of six months warranty. The seller can give a guarantee if the purchase price of the used object is 4500 euros or more. This will be on the contract. should be listed. The seller has checked the mileage at Stichting Nationale Auto Pas (NAP) and must state this position on the purchase agreement. The seller warrants that the position stated on the agreement is found to be logical by NAP, unless explicitly stated on the agreement that it is illogical, while the buyer has explicitly agreed to this in writing. No warranty is ever provided on used components delivered separately. Defects that have arisen outside the European Economic Area are not covered by the warranty on used objects, unless the buyer demonstrates that the defects have not arisen due to the conditions deviating from the European Economic Area (inferior roads, inferior fuel etc.).
8.After the sale the warranty conditions (if applicable) will be mailed.
Article 12 - Repair and maintenance warranty via Your Car Adviser as supplier.
Possibly outsourced to an insurer and if not the conditions of the supplying garage or (brand) dealer apply
The repairer guarantees within the European Economic Area the proper execution of the orders he has accepted or outsourced and the materials used for a period of three months from the time the object is made available to the client. The guarantee includes the correct execution within a reasonable time and without serious inconvenience of the not or not properly executed assignment. If the activities yet to be carried out by the repairer are no longer possible or meaningful, the client is entitled to reasonable compensation. 2. No guarantee is provided on commissioned emergency repairs. 3. The claims to the guarantee lapse if: a. The client does not inform the repairer as soon as possible after the defects have been detected; b. the repairer is not given the opportunity to remedy the defects; c. third parties have performed work without prior knowledge or permission from the repairer in connection with the work performed by the repairer in respect of which a warranty claim is made. However, the guarantee does apply if the need for immediate repair has occurred elsewhere and this can be demonstrated by the client on the basis of the information provided by the other repairer and / or on the basis of the broken parts. If repair takes place in the Netherlands, that repairer must be determined by your Auto Advisor or the supplying garage or (brand) dealer. The above under b. and c. this is not applicable if recovery abroad is necessary. In that case, reimbursement of the costs of the recovery will be based on the price level as applicable in the repairer's company. This compensation is never more than the actual costs incurred.
Article 13 - The payment
The debts of the buyer / client to the seller / repairer are debts. Payment must be made in cash until 2 days after the signing of the contract but absolutely for the delivery of the object or parts or after the services provided. Cash payment also means crediting the amount due to a bank or giro account specified by the seller / repairer after signing the contract but absolutely for the delivery of the object. 2. If a different time of payment has been expressly agreed in writing, the seller / repairer is entitled to charge the statutory interest on the unpaid amounts on a monthly basis. The remaining part of the month from the moment when payment should have been made will be regarded as a full month. This increase in the amount owed is regarded as a condition under which the seller / repairer has granted deferment of payment without the obligation of the buyer / principal to cancel payment in cash. The increase will take effect one month after the invoice is sent. 3. If the parties have refrained from cash payment and have not explicitly agreed a time of payment in writing, a payment term of one month applies. 4. The consumer or company must pay the amount due before the payment date expires. If he does not do so, then your Auto Advisor will send a free payment reminder after the expiration of that date and give the consumer or company the opportunity to pay the outstanding amount within fourteen days after receipt of this payment reminder. If after the payment reminder has expired payment is still not made, Your Auto Adviser is entitled to charge interest from the moment of default. This interest is equal to the statutory interest. Any judicial and extrajudicial costs incurred by a party to enforce payment of a debt may be charged to the other party. The amount of these costs is subject to (statutory) limits. This can be deviated from in favor of the consumer or company.
When hiring Your Car Adviser by a garage or (brand) dealer, it must be discussed and approved (by the buyer) object to be paid by the garage or (brand) dealer to the owner of the object (where the object comes from ) in accordance with the payment obligations and expectations of the owner. For this the supplier, ie the garage or (Brand) dealer, will execute the payment on time.
When hiring Your Car Adviser by a garage or (brand) dealer, the fee of Your Car Advisor must be paid by his customer 3 days after signing the agreement by the garage or (brand) dealer unless otherwise discussed in the agreement. of assignment.
Article 14 - Retention
The delivered object remains the property of the seller as long as the buyer has not fully paid all that he owes on the basis of the purchase agreement. As long as the object has not been transferred to the buyer, the buyer is obliged to pay these for his account W.A. + to insure and maintain the hull. The seller shall not be obliged to indemnify the buyer for his liability as the holder of the object. On the other hand, the buyer indemnifies the seller against claims that third parties may have against the seller and that can be related to the retention of title made.
Article 15 – Use of Green license plates via supplying (brand)dealer.
If the object of the supplying garage or (brand) dealer is used to show a buyer and test drive, the green sheets of the supplying garage or (brand) dealer must be used if the car is in the company stock (conform the RDW regulations). Your Car Adviser will test the car during the trip to the buyer, or it will suffice with the quality expectations and offer to the garage or (brand) dealer where the car is prepared for a technical inspection.
If the supplying garage or (brand) dealer does not cooperate regarding the correct use of the green plates, the green plates of Your Auto Adviser or of the garage or (brand) dealer (where your Auto Adviser mediates) will be used. However, Your Auto Adviser will inform the supplier of the object that they remain responsible at all times for a possible fine that may result from the "improper use" of the green plates for testing the car from the company stock.
Article 16 - Deviations
Deviations, including additions or extensions to these General Terms and Conditions, are only valid if they have been recorded in writing by both parties.