General Terms and Conditions Uw Auto Adviseur B.V. and Your Car Adviser as of 01-01-2025

Welcome to Uw Auto Adviseur B.V.
We specialize in mediation, sales, and consultancy regarding the purchase, sale, lease, or trade-in of vehicles. To ensure our collaboration is as clear as possible, we have drawn up our general terms and conditions. These outline exactly what you can expect from us — and what we expect from you.

Our terms and conditions have been drafted in accordance with BOVAG guidelines, so you can be assured of clear agreements and fair service.

We recommend reading these terms carefully.
If you have any questions, please feel free to contact us.

Uw Auto Adviseur B.V.
Your Car Adviser
EV Adviseur
EV Adviser
All other trade names listed under K.v.K. number 85057797

The general terms and conditions apply to all the above trade names but will hereinafter be referred to as Uw Auto Adviseur B.V.

DEFINITIONS

In these General Terms and Conditions, the following definitions apply:

  • The Object: A mobility object, such as a passenger car, van (max. 3,500 kg), motorcycle, scooter, moped, or (electric) bicycle.
  • The Object to be Purchased: An object sold by the buyer to the seller as part of the agreement.
  • The Agreement: The purchase, sale, or brokerage agreement for a new or used object, including parts and accessories.
  • The Seller: The party selling the object. In the case of brokerage, this refers to the garage or (brand) dealer; if supplied by Uw Auto Adviseur B.V., Uw Auto Adviseur B.V. is the seller.
  • The Buyer: The party purchasing the object.
  • The Assignment: The agreement for brokerage, purchase and sale, and/or appraisals (hereinafter referred to as ‘services’).
  • The Client: The party commissioning Uw Auto Adviseur B.V. to carry out services.
  • The Repairer: The party performing or commissioning repair work (usually a garage or (brand) dealer).
  • The Warranty:
    1. Warranty provided by the manufacturer, importer, seller, or insurer on objects, parts, and accessories.
    2. Warranty based on a warranty certificate (e.g., from Autotrust) for a used object.

BUSINESS ACTIVITIES OF UW AUTO ADVISEUR B.V.

1. Brokerage in New and Used Cars

Personal advice and brokerage for private individuals, businesses, and customers of garages or (brand) dealers for the purchase, sale, appraisal, and leasing of an object. More information: www.uwautoadviseur.nl.

2. Supply of Vehicles

Uw Auto Adviseur B.V. can act as a supplier of a new or used object. More information: Buy & Sell. Other work methods may be discussed before starting the assignment or purchasing.

3. Additional Services

  • Providing information on insurance and financing (in accordance with WFT guidelines).
  • Non-sworn appraisals to determine economic value.
  • Choice coaching services in collaboration with viaBovag.
  • Explanation services commissioned by individuals or businesses.
    More information: Extra Services.

PURCHASE AND SALE

Article 1 – The Offer

  1. Offers may be made verbally, in writing, or electronically and are valid for the specified period. Acceptance by the buyer is only valid within this period.
  2. For electronic acceptance, the agreement is only valid after confirmation by the seller.
  3. If no period is specified, the offer remains valid for two working days, provided the object has not been sold.
  4. If the object is offered outside Uw Auto Adviseur B.V.’s stock, the offer is subject to availability and agreement between Uw Auto Adviseur B.V. and the seller.
  5. The object can only be sold with approval from Uw Auto Adviseur B.V. and the garage or (brand) dealer.

Article 2 – The Agreement

  1. The agreement must be documented in writing or electronically.
  2. A copy is provided to the buyer.
  3. The absence of a written or electronic agreement does not invalidate the agreement.
  4. In brokerage cases, Uw Auto Adviseur B.V. sends a confirmation email of the agreement or discussed terms.

Article 3 – Content of the Agreement

The agreement includes at least:

  • Description of the object and any trade-in.
  • Price, specifying whether it is fixed or variable (including and excluding VAT for businesses).
  • Price of the object to be purchased.
  • Delivery costs (if required by dealer or manufacturer).
  • Expected or fixed delivery date.
  • Reference to warranty terms.
  • Payment method.
  • Any financing conditions.
  • Optical and technical pre-inspection (if applicable).

Article 4 – Price and Price Changes

  1. Tax and duty changes are always passed on.
  2. Price increases due to manufacturer, importer, or currency changes may be passed on in non-fixed prices. The buyer may terminate the agreement within 10 days in case of a price increase.
  3. Additional technical or optical costs may result in price adjustments, subject to agreement with the buyer.
  4. The road-ready price may vary due to additional warranty, technical preparation costs, and Uw Auto Adviseur B.V.’s fee.

Article 5 – Risk of the Object

  1. Until actual delivery, the object remains the seller’s responsibility.
  2. An object to be purchased becomes the seller’s property only upon actual delivery.
  3. The buyer remains responsible for costs and risks until the object to be purchased is delivered.
  4. In consignment and storage under managed supervision, the owner remains responsible for damage, theft, or fire.

Article 6 – Delivery Time

  1. If the delivery time is exceeded, the buyer may issue a written notice of default to the seller.
  2. If delivery does not occur within three weeks, the buyer may terminate the agreement.
  3. In cases of force majeure, both parties may terminate the agreement.

Article 7 – Cancellation

  1. The buyer may cancel the agreement but must pay a 15% compensation fee of the purchase price.
  2. If non-payment occurs within 10 days, the seller may still demand fulfillment.
  3. The right to cancel lapses once the object to be purchased is delivered.

Article 8 – The Invoice

A detailed invoice is provided for completed services. More information on rates and conditions can be found at Our Rates.

Article 11 – WARRANTY ON OBJECTS AND PARTS

  1. If Uw Auto Adviseur B.V. is the supplier and warranty is arranged through Uw Auto Adviseur B.V., it is usually an insured warranty with pre-purchase, emailed, or printed conditions. Legal warranty always applies but depends on factors such as year of manufacture, mileage, purchase price, and trade conditions.
  2. If Uw Auto Adviseur B.V. acts as an intermediary, the warranty is provided by the supplying garage or the (brand) dealer. Uw Auto Adviseur B.V. cannot be held liable in any way for technical or cosmetic defects or consequential damages. After all, the pre-inspection was carried out with the expertise of the garage or the (brand) dealer.
  3. If Uw Auto Adviseur B.V. supplies a vehicle from a garage or (brand) dealer, that party is responsible for quality for the first 16 days.
  4. Warranty provided by Uw Auto Adviseur B.V. is usually outsourced via insurers such as Autotrust. Repairs must be carried out by the preparing garage or a designated garage. Autotrust warranty conditions apply. Autotrust Warranty.
  5. Legal rights (as defined in Book 7 of the Dutch Civil Code) of private buyers remain unaffected.
  6. New objects and parts only come with the manufacturer’s or importer’s warranty, in addition to legal rights.
  7. A minimum of twelve months’ statutory warranty is provided on used vehicles, unless the buyer expressly waives the warranty in writing. Warranty applies if the purchase amount is €4,500 or higher and this is stated in the agreement. The mileage must be verified by the Nationale Auto Pas (NAP) foundation. No warranty is provided on separately supplied used parts. Defects occurring outside the European Economic Area are not covered by the warranty, unless proven otherwise.
  8. 8. After the sale, the warranty terms (if applicable) will be sent by email and can also be found at:

Article 12 – Repair and Maintenance Warranty

  1. The repairer guarantees proper execution of accepted or outsourced assignments and the materials used within the European Economic Area for three months after the delivery of the object.
  2. If repair is not possible, the client is entitled to reasonable compensation.
  3. No warranty is provided on emergency repairs.
  4. The warranty expires if:
    • The client fails to report defects in a timely manner.
    • The repairer is not given the opportunity to remedy the defects.
    • Third parties have carried out related work without prior approval.
  1. In case of necessary repairs abroad, costs are reimbursed based on Dutch rates.

Article 13 – Payment

Uw Auto Adviseur B.V. applies a Starter Fee and a Mediation Fee.

  • Starter Fee: This amount serves as payment and verification before initiating the assignment. The fee must be paid before the assignment starts and is non-refundable if the client later withdraws, makes a different choice, or discontinues the service. The assignment is time-bound and lasts a maximum of two months.
  • Mediation Fee: This amount must be paid within three working days after approval of a proposal for a new or used car, whether for purchase or lease. Unless stated otherwise, the Starter Fee will be deducted from the Mediation Fee. For more information about pricing and procedures, see: https://yourcaradviser.com/fee/

The buyer’s/client’s debts to the seller/repairer are payable at the seller’s location (so-called “brengschulden”).

  1. Payment must be made by bank transfer and, by exception, in cash within two working days after signing the agreement, but in any case before the delivery of the vehicle, parts, or after completion of the services. Cash payment is also understood to include the credited amount being received in the seller’s/repairer’s designated bank or giro account.
  2. If a different payment term has been agreed upon in writing, the seller/repairer is entitled to charge statutory interest on any unpaid amounts on a monthly basis. In this case, any part of a month is counted as a full month. This interest increase is considered a condition under which the payment deferral is granted, without waiving the obligation of full payment. The interest increase will commence one month after the invoice has been sent.
  3. If no cash payment has been agreed upon and no other payment term has been established in writing, a payment term of one month applies.
  4. The client must pay the amount due before the due date. If payment is not made on time, Uw Auto Adviseur B.V. will send a free payment reminder, after which the client will have an additional fourteen days to settle the amount. If payment is still not made after this period, Uw Auto Adviseur B.V. is entitled to charge statutory interest. Any legal and extrajudicial collection costs may also be charged to the client, within the legally permitted limits.

When Uw Auto Adviseur B.V. is engaged by a garage or (brand) dealer, the agreed vehicle, as approved by the buyer, must be paid directly to the owner of the vehicle (the original supplier), in accordance with the payment obligations and expectations of said owner. The supplier, being the garage or (brand) dealer, is responsible for ensuring timely payment.

When Uw Auto Adviseur B.V. is engaged by a garage or (brand) dealer, the brokerage fee must be paid by the garage or (brand) dealer within three days after the agreement is signed by the buyer, unless otherwise agreed upon in the confirmation of assignment.

Article 14 – Retention of Ownership

The delivered object remains the property of the seller until the buyer has fully met their payment obligations under the purchase agreement. Until then, the buyer is required to insure the object comprehensively and maintain it properly. The seller is not liable for damages resulting from the use of the object while retention of ownership is in effect. The buyer indemnifies the seller against claims from third parties related to the object until ownership has been fully transferred.

Article 15 – Use of Green License Plates

If the object is in the inventory of the supplying garage or (brand) dealer, their green plates must be used for displaying and test-driving the car, in accordance with RDW regulations. During transport to the buyer, Your Car Adviser B.V. will test the car and present it to the garage or dealer for technical inspection. If the supplying garage or dealer does not cooperate, Your Car Adviser B.V. or its associated partners will use their own green plates. The supplier remains responsible for any fines resulting from misuse of the green plates.

Article 16 – Deviations

Deviations from these Terms and Conditions, including additions or extensions, are only valid if agreed upon in writing by both parties.

Disclaimer 

Uw Auto Adviseur B.V. acts as an intermediary and/or supplier in compliance with applicable laws and BOVAG guidelines. All information in these terms has been carefully compiled, but no rights can be derived from it. Your Car Adviser B.V. is not liable for inaccuracies, regulatory changes, or damages resulting from the use of this information. For the most up-to-date conditions and specific agreements, refer to individual purchase agreements and contracts.

Dutch