These General Terms and Conditions are intended for agreements regarding the purchase, repair and maintenance of cars, parts and accessories therefor, concluded between Citro-Classique in Borculo, hereinafter referred to as "Citro-Classique" and buyers or clients, both for private individuals and persons. acting in the exercise of a profession or business.

Article 1 - Definitions
In these General Terms and Conditions the following terms have the following meanings:
- the car: a passenger car, a combination or delivery van derived therefrom, of which the total weight including the loading capacity does not exceed 3,500 kg;
- the agreement: the agreement for the purchase and sale of a new or used car or parts and accessories therefor;
- the buyer: the person who, under the agreement, buys a new or used car or parts and accessories for it; - the assignment: the agreement to perform assembly, disassembly, repair or maintenance work, voluntary or statutory inspections and damage assessments, each individually or collectively referred to as 'work';
- the client: the person who gives the order to carry out work or have work carried out;

Article 2 - General
1. These terms and conditions apply to all offers and to every agreement of purchase / sale and the provision of services by Citro-Classique towards a buyer (a legal person or a natural person).
2. Parties to these terms and conditions must be explicitly agreed in writing. Agreed deviations do not regulate the validity of the other conditions and never apply to more than one transaction.
3. Citro-Classique has the right to change these conditions at any time.

Article 3 - Establishment of the agreement
1. All offers and quotations made in whatever way and by whom of Citro-Classique and / or wherever, are always without obligation and are made on the basis of the prices and specifications applicable at the time of the conclusion of the agreement. Images, drawings, specifications of capacities and further descriptions are as accurate as possible, but not strictly binding for Citro-Classique. Small deviations are permissible, while in the event of interim model changes Citro-Classique is entitled, without prior knowledge or knowledge of the other party, to make technically necessary changes to cars sold by it or offered for repair by it, their equipment and / or parts.
2. Verbal promises or agreements made or made by or on behalf of Citro-Classique are only binding if and insofar as they have been confirmed in writing.
3. If no written agreement has been issued by Citro-Classique, the written confirmation from Citro-Classique or the delivery note or the invoice from Citro-Classique will serve as proof of the existence and content of the agreement, subject to proof to the contrary.

Article 4 - Prices
1. All prices are in Euro and are exclusive of turnover tax and / or other government levies, costs of transport and insurance, costs of assembly, service and inspection work as well as the costs of making it roadworthy, unless expressly agreed otherwise in writing.
2. In the event of a rise in prices, including those of importers and suppliers of the car company, and in the event of changes in wages, taxes, social security contributions, other terms of employment, exchange rates or similar circumstances, Citro will be satisfied after the conclusion of the agreement between the parties. -Classique is entitled to increase the agreed price in accordance with the aforementioned increase.
3. Unless explicitly agreed otherwise, the workshop hourly rates are not included in the prices of materials, parts and costs of third parties.
4. A price change is never a ground for dissolution of the agreement.
5. Prices are calculated for delivery at the registered office of Citro-Classique. In the event of delivery elsewhere at the request of the buyer / client, the associated additional costs are for the account.

Article 5 - Delivery
1. The car will be delivered at the registered office of Citro-Classique, unless the parties have expressly agreed a different place of delivery in writing.
2. If the sold car has not been purchased within 8 days from the time that the buyer / client is notified that it is ready for delivery, the car will in any case be at the expense and risk of the buyer / client from that moment on. In that case, Citro-Classique is entitled to charge storage fees in accordance with the rate applicable at its company or locally. Any shipment of the item / items, other than to the place of business of the car company, is at the expense and risk of the buyer / client.
3. The risk of a car to be repaired by Citro-Classique or otherwise accepted under its management remains with the buyer / client, except in the case of intent or gross negligence on the part of Citro-Classique.

Article 6 - Delivery time
1. The delivery time is the date of delivery of the good or the service (including repairs) as stated in the agreement concluded by the parties or as much earlier or later as the parties have further agreed. Early delivery is allowed at all times.
2. If no delivery date has been agreed, Citro-Classique will notify the buyer / client in writing in good time in advance when the car (s) will be ready for the buyer / client at the location of Citro-Classique or agreed upon. site will be delivered. 3. Delivery times, whether explicitly stated or not, are only approximate and can never be regarded as deadlines. Late delivery by Citro-Classique can therefore never provide valid reasons for the buyer / client to dissolve the agreement with Citro-Classique, unless there is an expressly agreed delivery period and this period has been exceeded by more than 60%. Also after expiry of this extended term, Citro-Classique must first be given written notice of default by the buyer / client, whereby Citro-Classique is given a term of at least one month for compliance, before Citro-Classique can be in default in this respect.

Article 7 - Cancellation
1. The buyer / client can, if he does not wish to exercise his right of dissolution on the basis of article 6 paragraph 3 or if he is not entitled to dissolution, cancel the purchase agreement - in writing only - if the delivery time is exceeded. If the delivery time is exceeded by a period of up to four weeks, the buyer / client can cancel, provided that he can refund Citro-Classique within five working days of the date of the cancellation, an amount of 10% of the purchase price of the canceled car. If the buyer / client has not paid this fee after five working days, Citro-Classique can inform the buyer / client in writing that he requires compliance with the concluded agreement. In that case, the buyer / client can no longer invoke the cancellation. If the delivery time is exceeded by a period of more than four weeks, the buyer / client can cancel in writing without owing Citro-Classique any compensation.

Article 8 - Replaced parts
The replaced parts will be replaced after execution of the
(repair) order owned by Citro-Classique, without the buyer / client being able to claim any compensation.

Article 9 - Storage costs
If the buyer / client has not collected the car within three working days after being informed of the execution of the order, Citro-Classique may charge storage costs, in accordance with the rate applicable at his company or locally.

Article 10 - Damage assessment
If Citro-Classique has carried out a damage assessment on behalf of the client / buyer, the client / buyer will be charged for the actual costs incurred. The appraisal costs are agreed in writing by the parties. In the absence thereof, a reasonable assessment costs will be owed, whereby the parties take as a starting point the rules of conduct for expertise, drawn up in mutual consultation between BOVAG, FOCWA, NIAV and NVV.

Article 11 - Payment
1. Unless the parties have explicitly agreed otherwise in writing, payment of the total agreed price must have taken place without settlement, deduction or suspension by the other party before delivery, or in cash on delivery. Delivery also includes the performance of a service.
2. In the case of purchases or orders on account, payment must be received no later than fourteen days after the invoice date, without any discount or appeal to set-off or suspension. When purchasing new cars on account, payment must be made immediately after the invoice date, unless otherwise agreed.
3. At first request, to which Citro-Classique is entitled at all times, the buyer / client must make an advance payment or deposit, or provide a security required by Citro-Classique for the correct fulfillment of its obligations on a by Citro-Classique. Classique manner to be determined.
4. If the buyer / client has not paid the total agreed price or has not paid on time, he is in default without notice of default. Without prejudice to Citro-Classique other rights, Citro-Classique is in such a case entitled to calculate the statutory interest plus 3% on the overdue amount per day from the relevant due date.
5. If Citro-Classique is forced to hand over a claim for collection, apart from the car company further claims to compensation, all costs included, both judicial and extrajudicial, the latter at least at fifteen (15) percent. of the overdue amount with a minimum of 115 euros, at the expense of the other party.

Article 12 - Retention of title, right of retention and right of pledge
1. Citro-Classique reserves the ownership of all items delivered by it to the buyer / client until the purchase price for all these items has been paid in full. If Citro-Classique carries out work to be paid by the buyer / client in the context of these sales agreements for the benefit of the buyer / client, the aforementioned retention of title shall apply until the buyer / client has also paid his / her claim in full. The retention of title also applies to claims that Citro-Classique may acquire against the buyer / client due to his failure to fulfill one or more of its obligations towards the buyer / client.
2. As long as the ownership of the delivered goods has not passed to the buyer / client, the latter may not pledge the goods or grant any other right thereto to the third party and he is obliged to attend any event that Citro-Classique is in its interest as owner of those goods. damage or may damage property to Citro-Classique. Citro Classique is in no way obliged to indemnify the buyer / client against his liability as holder of the good. On the other hand, the buyer / client indemnifies Citro-Classique against claims that third parties could enforce against Citro-Classique in connection with the retention of title.
3. The buyer / client is obliged to insure the car for the duration of the retained ownership against liability and hull risk and to keep it insured. The buyer / client hereby grants Citro-Classique an irrevocable power of attorney to receive payments on his behalf based on the insured hull risk.
4. If the buyer / client fails to fulfill his obligations or if Citro-Classique gives good reason that he will fail, Citro-Classique is entitled to take back the goods delivered under retention of title. After repossession, the buyer / client will be credited for the market value, which will in no case be higher than the original purchase price, minus the costs incurred for repossession and minus what he also has with regard to the non-fulfillment of his obligations to Citroën. Classique is due.
5. Citro-Classique can exercise a right of retention on everything it has in its possession for or on behalf of the buyer / seller, as long as goods or services delivered by Citro-Classique have not been paid in full by the buyer / client and this is done by the buyer / client. attributable shortcoming, including any damage, interest and costs that the buyer / client owes or will owe to Citro-Classique by virtue of any agreement or these general terms and conditions. 6. By bringing items under its control, the buyer / client establishes a right of pledge thereon for all that it owes or will owe to Citro-Classique, for whatever reason. In any case, this includes claims arising from agreements that have not yet been settled. They also hereby agree that the car company, as a pledgee, may convert the aforementioned pledge into a non-possessory pledge by registering the agreement between them together with a copy of these terms and conditions as a private deed.

Article 13 - Dissolution
1. If the buyer / client, after having been given written notice of default, remains negligent for fourteen (14) days in the fulfillment of his obligations towards Citro-Classique, the agreement will be dissolved by operation of law without legal intervention, unless Citro-Classique is still performing. of the agreement. The foregoing applies without prejudice to the provisions of article 11 paragraph 4 of these terms and conditions.
2. If the buyer / client has failed imputably in the fulfillment of his obligations towards Citro-Classique and the agreement has been dissolved as a result, the buyer / client for the benefit of Citro-Classique will forfeit a fine of fifteen immediately due and payable without notice of default or legal intervention. (15) percent of the agreed sum, without prejudice to Citro-Classique's right to full compensation and reimbursement of costs of recovery, including the costs as stated in article 11 paragraph 4.
3. If Citro-Classique requires compliance with the agreement on the basis of paragraph 1, the buyer / client will pay for Citro-Classique after the period of fourteen (14) days referred to in paragraph 1 for each day that has passed since then until the day. an immediately due and payable penalty of three (3) per cent of the agreed purchase price, without prejudice to full compensation and reimbursement of the costs of recourse, including the costs as stated in article 11 paragraph 4.
4. Without prejudice to the provisions of this article, Citro-Classique is authorized, without notice of default or legal intervention and without prejudice to any further rights accruing to the car company, to dissolve or suspend the agreement in whole or in part with immediate effect, if the buyer / client dies, suspension of payments. applies for payment or files for bankruptcy or if his bankruptcy is or has been filed for or pronounced. In these cases, every claim of Citro-Classique on the buyer / client is immediately and fully due and payable, without Citro-Classique being obliged to pay compensation and / or guarantee. In all cases in which the buyer / client is aware of facts and / or circumstances that give him good grounds to fear that he will not (be able to) fulfill his obligations towards Citro-Classique, he is obliged to inform Citro-Classique of this immediately. set.

Article 14 - Force majeure
1. In the event that the performance of an agreement for Citro-Classique becomes difficult or impossible as a result of force majeure, Citro-Classique is entitled to dissolve the agreement, insofar as it has not yet been performed, by means of a written statement, under notification. to the buyer / client of the circumstances that make further implementation difficult or impossible.
2. Force majeure within the meaning of these terms and conditions includes, but is not limited to: - war or a similar situation, riots, sabotage; - fire, lightning strike, explosion, release of dangerous substances or gases; - failure in the energy supply, factory or operational failure of any kind; - boycott, occupation, blockade insofar as performed by employees other than employees employed by Citro-Classique; - transport obstructions, loss of frost, import and export prohibitions; - non-attributable shortcoming (s) of third parties, engaged by Citro-Classique for the implementation of the agreement; - all obstacles caused by government measures; - epidemics; - theft, embezzlement or damage to goods from the warehouse, workshop or other business premises of Citro-Classique or during transport; - as well as any (other) circumstance that obstructs the normal course of the business of Citro-Classique, as a result of which the fulfillment of the agreement cannot reasonably be expected from Citro-Classique. The provisions of this paragraph also apply if these circumstances concern suppliers of Citro-Classique engaged third parties.
3. If a force majeure situation arises on the part of Citro-Classique, he will inform the buyer / client of this as soon as possible, stating whether delivery is still possible and if so, within what period.
4. If delivery has not become permanently impossible as a result of force majeure, but cannot still take place within a period of three (3) months after the agreed delivery date, both parties are entitled to dissolve the agreement by notifying the other party in writing. without one party being entitled to compensation against the other. Such notification must be made within one (1) week after (receipt of the) notification as referred to above in paragraph 3. The provisions of this paragraph apply without prejudice to the provisions of Article 6 paragraph 3 of these terms and conditions.

Article 15 - Liability
1. Citro-Classique is only liable towards the buyer / client for damage that is the foreseeable and direct result of an attributable shortcoming on the part of Citro-Classique in the performance of its obligations under the agreement between it and the buyer / client. Any form of consequential or indirect damage, including inter alia: trading loss, loss due to delay (other than statutory interest), damage due to depreciation, loss of enjoyment, lost profit, or loss suffered, damage in connection with the costs of replacement transport or rental and Lease costs, damage to (goods of) third parties, cargo damage and personal or immaterial damage are excluded from compensation.
2. Insofar as Citro-Classique, by virtue of the provisions of paragraph 1 above, is obliged to compensate damage, it only concerns damage for which Citro-Classique is insured or should reasonably have been insured, on the understanding that never higher than the maximum insured or reasonably to be insured amount is eligible for reimbursement. The purpose of the provisions here is to establish a damage ceiling.
3. with regard to the condition of the services provided by Citro-Classique (including repairs) and / or goods, its liability towards the buyer / client does not extend further than described in the warranty conditions, as determined in article 16. Buyer / client do not accrue the rights that the law does not grant the buyer / client acting in the exercise of a profession or business on that account, such as the right under Book 7 of the Dutch Civil Code that the goods comply with the agreement on delivery.
4. Any other claim for damages, for whatever reason, is excluded.
5. The buyer / client indemnifies Citro-Classique against all claims from third parties, unless Citro-Classique is liable according to this article.

Article 16 - Warranty
1. For deliveries of new goods, including parts, materials and accessories, no other guarantees apply than those provided by the manufacturer, importer or supplier and as stated in the guarantee forms provided to the other party. If no guarantee forms have been provided, Citro-Classique will not be obliged to any more extensive guarantee with regard to matters that are obtained by it from third parties or with regard to work that has been carried out by third parties on its behalf. Classique from the relevant third party. Warranty on items previously used by third parties (used cars, demonstration and show models, including exchange parts and parts) is expressly excluded, unless the parties have explicitly agreed otherwise in writing.
2. Any claim under warranty lapses if work has been carried out by the buyer / client or a third party without prior written permission from Citro-Classique that relate to the goods and / or services for which the warranty is invoked.
3. In the event of any warranty, Citro-Classique is solely at its option only obliged to replace, supplement or repair the delivered item, provided that the shortcoming does not relate to usual deviations and is not the result of an external cause and / or or any act or omission of the other party or third party, or normal wear and tear. The goods or parts thereof that have been replaced become the property of Citro-Classique.
4. Citro-Classique guarantees the repair work carried out by it for a period of three months with a maximum of 25,000 km, to be counted from the day on which the repair is completed. The guarantee means that Citro-Classique will remedy the shortcomings found within this period, provided that it is reported to it immediately, at its own expense. No warranty is provided on emergency repairs performed. The warranty lapses in the event of improper use or if the buyer / client himself or third parties, without prior approval from Citro-Classique, have notified work that is directly or indirectly related to the repair work carried out by Citro-Classique in respect of which the warranty is invoked. done.

Article 17 - Advertising
1. Complaints with regard to goods delivered by Citro-Classique or services rendered by Citro-Classique must be submitted to Citro-Classique promptly, but in any case within eight days after the ground for exercising the complaint has been discovered or could reasonably have been discovered. are submitted under penalty of forfeiture of claims. This period commences at the time of actual delivery of the item or the time of provision of the service.
2. With regard to externally visible defects in goods delivered by Citro-Classique, such as scratches, dents and the like, no complaint is possible after actual delivery, unless proof to the contrary is provided by the buyer / client.
3. Returned goods will not be accepted, unless previously agreed in writing by Citro-Classique. They must be sent carriage paid and, if necessary, be properly packaged.

Article 18 - Trade-in / Purchase
1. If, when purchasing a good for exchange of another good, the buyer / client continues to use the good to be exchanged pending delivery of the good sold to him, the good to be exchanged remains entirely at his expense and risk as long as he has that item did not actually deliver to the car company. Until that time, he remains the owner of the good to be exchanged and all costs, including the costs of maintenance, damage, loss and depreciation, are for his account. Citro-Classique is not bound by an agreed exchange price if the actual delivery of the good to be exchanged is later than the approximate delivery time. In that case, a percentage agreed in advance between the parties can be used by way of depreciation on the purchase price.
2. Unless explicitly agreed otherwise in writing, the buyer / client guarantees to Citro-Classique that one or more possible goods to be exchanged by him are free of rights and claims of third parties, are free of damage, are in proper and traffic-safe condition and that with that case. whether items have not been manipulated, such as with regard to the mileage, and furthermore he guarantees Citro-Classique in general that he is not aware of facts or circumstances relating to the good to be exchanged or items of which he suspects or knows or should know that they are (may) be important for Citro-Classique, which is (remained) ignorant of them.
3. The actual exchange does not arise for the buyer / client from the guarantee referred to in paragraph 2.

Article 19 - Personal data
The personal data of the buyer / client stated on the order confirmation will be processed by Citro-Classique, possibly within the meaning of the Personal Data Protection Act (Wbp). On the basis of this processing, Citro-Classique can execute the agreement and fulfill its warranty obligations towards the buyer / client, provide the buyer / client with an optimal service, provide him with up-to-date car information in a timely manner and make him personalized offers. In addition, the personal data can be made available to third parties for direct marketing activities for vehicles. Any objection to be lodged with Citro-Classique by the buyer / client against processing personal data within the meaning of the Wbp for direct mailing activities will be honored. The car data is included in the system of the National Autopas Foundation. In this system, odometer readings are registered in order to prevent odometer fraud.

Article 20 - Applicable law
Dutch law applies to every legal relationship between Citro-Classique and buyer / client.

Article 21 - Dispute settlement
All disputes that may arise as a result of the assignment and agreement or of further agreements that may result therefrom, between Citro-Classique and the buyer / client, will be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute.