These Terms and Conditions are intended for contracts for sale, repair and maintenance of motor vehicles, parts and accessories, closed between Citro-Classique Borculo, hereinafter called "Citro-Classique" and buyers or clients, both for individuals and for persons acting in the exercise of a profession or business.
Article 1 - Definitions
For the purposes of these General Terms and Conditions
- By car: a car, a derivative or combination van, whose total weight including the load capacity does not exceed 3,500 kg;
- The Agreement: the agreement of purchase and sale of a new or used vehicles or parts and accessories therefor;
- Buyer: the person a new or used car or buy components and accessories therefor under the agreement; - The contract: the agreement to perform assembly, disassembly, repair or maintenance, voluntary or statutory inspections and damage assessments, individually or collectively referred to as 'work';
- The principal one who instructs execution or carrying out of work;
Article 2 - General
1. These conditions apply to all offers and any contract of sale / purchase and the provision of services by Citro-Classique against a kopeer (a legal or natural person).
2. Parties to these conditions must be expressly agreed in writing. Agreed deviations not regard them the validity of the remaining terms and shall never apply to more than one transaction.
3. Citro-Classique has the right to change these terms at any time.
Article 3 - Conclusion of the agreement
1. All offers and estimates how and by whom of Citro-Classique and / or wherever made, are not binding and are made based on the date of conclusion of the agreement called current prices and specifications. Pictures, drawings, statements of capabilities and further descriptions are as accurate as possible, but not strictly bound by Citro-Classique. Minor deviations are permissible, whereas in the case of intermediate changes Citro-Classique is entitled, without prior knowledge or knowledge of the other party to make technical amendments necessary sold by him or in his car for repairs, their equipment and / or parts.
2. Verbal promises or agreements made or incurred by or on behalf of Citro-Classique, are only binding if and insofar as they are confirmed in writing.
3. If no written agreement by Citro-Classique has issued written confirmation of Citro-Classique applies or the delivery note or invoice Citro-Classique as proof of the existence and content of the agreement subject to proof.
Article 4 - Prices
1. All prices are in Euros and do not include sales tax and / or other government levies, cost of transport and insurance costs for installation, service and inspection activities and the costs of running order, unless explicitly agreed otherwise in writing.
2. rise of prices of importers and suppliers of including car company, and amendment of wages, taxes, social security, other benefits, currency rates or such circumstances, it is sufficient after the conclusion of the agreement between the parties, Citro -Classique entitled to increase the agreed price in accordance with the aforementioned increase.
3. Unless expressly agreed otherwise, the workshop hourly rates are not included in the materials, components and third-party costs prices.
4. A price change is never grounds for termination of the agreement.
5. Rates are calculated for delivery to domicile of Citro-Classique. On delivery, the additional costs elsewhere at the request of the buyer / customer's expense.
Article 5 - Delivery
1. The car comes in place of Citro-Classique, unless the parties another place of delivery expressly agreed in writing.
2. If the car sold within 8 days from the date the buyer / customer has been notified that it is ready for delivery, has declined, coming by car from then at least for the account and risk of the buyer / client. In that case, Citro-Classique is entitled to calculate custody fees in line with the company or its locally prevailing rate. Any shipment of the item / items, other than the seat of the car company, for the account and risk of the buyer / client.
3. The incidence of Citro-Classique to repair or otherwise remains under his management accepted car, except in cases of intent or gross negligence of Citro-Classique, the buyer / client.
Article 6 - Delivery Time
1. If delivery is the date of delivery of the good or service (including repairs) as stated in the contract or such earlier or later date as the parties have agreed further concluded by the parties. Early delivery is permitted at any time.
2. If no delivery date has been agreed, Citro-Classique will timely notice thereof in writing to the buyer / client when the car (s) in place of Citro-Classique for the buyer / client will be ready / will stand or to agreed site will / will be delivered. 3. Delivery times, whether or not expressly stated, are only approximate and may never have to apply as a deadline. Late delivery by Citro-Classique can therefore never be a valid reason for the buyer / principal cause to terminate the agreement with Citro-Classique, unless there is an explicitly agreed delivery and this period has been exceeded by more than 60%. Even after this extended period Citro-Classique is first written by the buyer / client to be in default with Citro-Classique is given a period of at least one month prior to the performance, before Citro-Classique matter may be in default.
Article 7 - Cancellation
1. The buyer / customer, if he is entitled to dissolve under Article 6 paragraph 3 not wish to exercise or if he has no right to terminate the purchase agreement canceling -Containing exclusively schriftelijk-, when crossing the delivery. Exceeding the delivery time by a period up to four weeks, may cancel the buyer / customer, provided it within five working days of the date of the cancellation Citro-Classique may amount of 10% of the purchase price of the canceled car pays. If the buyer / customer has not paid the compensation after five days, Citro-Classique, the buyer / client in writing that he wishes to fulfill the contract. In that case, the buyer / client can no longer rely on the cancellation. Exceeding the delivery time by a period of more than four weeks may cancel in writing, the buyer / client without at Citro-Classique be a fee.
Article 8 - Replacement Parts
The parts replaced after implementation of the
(Repair) command ownership of Citro-Classique, without having to make the buyer / client to any compensation claim.
Article 9 - Storage Costs
If the buyer / customer within three working days after receiving the contract performance the car has not picked up, Citro-Classique storage costs can be charged, according to the company or in its local rack rate.
Article 10 - Damage Assessment
If Citro-Classique has conducted a damage assessment commissioned by the Principal / Buyer, will the client / buyer the actual costs will be charged. The valuation costs by parties in writing. Failing due reasonably determine valuation costs, which the parties to the starting point to conduct expertisie drawn up in consultation between BOVAG, FOCWA, NIAV and NVV.
Article 11 - Payment
1. Unless the parties have explicitly agreed otherwise in writing, must pay the total agreed price without setoff, deduction or suspension having been made by the other party for delivery or cash on delivery. Among episode also includes the provision of a service.
2. When purchases or contracts on behalf the payment is later than fourteen days after having received the invoice date, without any discount or setoff or suspension. For purchases of new cars on credit payment must be made immediately after the invoice date, unless otherwise agreed.
3. The buyer / customer must first request, which Citro-Classique is entitled at any time to carry out an advance payment or deposit, or to provide security required by Citro-Classique for the proper performance of its obligations on a Citro- Classique manner to be determined.
4. If the buyer / client fails or fails to pay the total agreed price, he is without formal notice of default. Notwithstanding Citro-Classique further rights, Citro-Classique is in such a case entitled to charge the legal interest plus 3% on the overdue amount per day from the due date.
5. If Citro-Classique is forced to give a claim for collection, come apart from the car company further future claims for damages, all thereunder costs, both judicial and extrajudicial, which last at least fifteen (15) percent of the overdue amount shall be held with a minimum of 115 euro, on behalf of the other party.
Article 12 - Retention of title, lien and pledge
1. Citro-Classique retains ownership of all goods delivered by him to the buyer / client until the purchase price for these goods has been paid. If Citro-Classique performed under these sales contracts on behalf of the buyer / customer to be paid by the buyer / client activities, subject to the aforementioned retention of title until the buyer / client are also relevant claim has complied fully. It also applies to the reserved property for the progress Citro-Classique might obtain against the buyer / client because of his failure in one or more of its obligations to the buyer / client.
2. As long as the ownership of the goods delivered has not passed to the buyer / client, the latter may not be pledged to third party any rights to them and is held every event Citro- Classique in its interest as owner of the matters or potential damage to report to Citro-Classique. Citro Classique is to void indemnification of the buyer / client for its liability account as holder of the case. On the other hand indemnify the buyer / client Citro-Classique claims which third parties might assert against Citro- Classique in connection with the ownership change.
3. The buyer / customer is obliged to insure the car for the duration of the retention of title against the hull and liability risk and keep insured. The buyer / client grants Citro-Classique will an irrevocable benefits based on the insured hull risk to take on his behalf received.
4. If the buyer / customer fails to fulfill his obligations or Citro-Classique gives good ground that he will fail in it, Citro-Classique is entitled to repossess the goods delivered under retention of title. After recovery the buyer / customer will be credited for the market value, which his will in no case exceed the original purchase price, less the cases cost the reversal minus what he further in respect of the failure to fulfill its obligations to Citro- Classique is due.
5. Citro-Classique can exercise a lien on all amounts for or on behalf of the buyer / seller held, as long as the Citro-Classique goods or services not fully covered by the buyer / client have been paid and so a buyer / client attributable shortcoming concerns, including damages, interest and costs that the buyer / customer under any agreement or these terms and conditions shall be payable in respect Citro-Classique or will be. 6. By business (do) Seizure, buyer / client draws upon a pledge for all amounts to Citro-Classique, for whatever reason, is or will be. In any case, including claims under contracts that are not yet settled. They also hereby agree that the car company as pledgee may convert as mentioned pawn in a possessory pledge by the current agreement between them together with a copy of these conditions as do private deed register.
Article 13 - Dissolution
1. If the buyer / client after written notification of default, during fourteen (14) days still fails to fulfill its obligations to Citro-Classique agreement shall automatically be terminated without judicial intervention, unless Citro-Classique still implement extend the agreement. The foregoing is without prejudice to the provisions of Article 11, paragraph 4 of these conditions.
2. If the buyer / customer attributable has failed to fulfill its obligations to Citro-Classique and the agreement has therefore been dissolved, shall forfeit the buyer / client for Citro-Classique an immediately payable penalty without notice or judicial intervention of fifteen (15) percent of the agreed sum, notwithstanding the right of Citro-Classique full compensation and reimbursement of costs of recovery, the costs specified in Article 11, paragraph 4 included.
3. If Citro-Classique under paragraph 1 requires fulfillment of the contract, the buyer / customer will benefit Citro-Classique after expiry of the period mentioned in paragraph 1 of fourteen (14) days for each since spring strokes day until the day of compliance owe an instant due penalty of three (3) per mille of the agreed purchase price, subject to full compensation and reimbursement of costs of recovery, the costs specified in Article 11, paragraph 4 included.
4. Subject to the provisions of this article is Citro-Classique entitled without notice of default or judicial intervention and without prejudice to terminate the dealer and other rights, the agreement in whole or in part with immediate effect or to suspend, if dies the buyer / customer, suspension of payment or makes an application for bankruptcy or if his bankruptcy is or has been applied for or has been pronounced. In these cases any claim of Citro-Classique on the buyer / customer immediately payable without Citro-Classique is liable for damages and / or guarantee. In all cases where the buyer / client aware of facts and / or circumstances which give him good reason to fear that he will be obligations Citro-Classique not (able) to do so, he must Citro-Classique immediately thereof to set.
Article 14 - Force Majeure
1. In the event that the performance of a contract for Citro-Classique due to force majeure is difficult or impossible, Citro-Classique is entitled to the agreement, if it is not already running, by means of a written notice, including notice to the buyer / client of the circumstances which render difficult or impossible the further performance.
2. Force majeure within the meaning of these conditions would include, therefore, not exhaustive: - war or a similar situation, riot, sabotage; - Fire, lightning, explosion, discharge of hazardous substances or gases; - Failure of power supply, technical or business failure of any kind; - Boycotts, sit-ins, blockades as far carried out by anyone other than at Citro-Classique employed workers; - Transport restrictions, frost, import and export bans; - Non-attributable shortcoming (s) by third parties on behalf of the execution of the agreement by Citro-Classique; - All obstacles caused by government measures; - Epidemics; - Theft, embezzlement or damage to goods from warehouse, workshop or other premises of Citro-Classique or during transport; - And any (other) circumstance that the normal procedure is hampered in the business of Citro-Classique, thus affecting the performance of the agreement not reasonably Citro-Classique may be required. The provision also applies in this paragraph if these circumstances suppliers Citro-Classique concern third parties involved.
3. If force majeure occurs on the side of Citro-Classique, it shall inform the buyer / customer as soon as possible thereof, under the communication or delivery is still possible and if so, within what time frame.
4. If delivery due to force majeure has not become permanently impossible, but not yet take place within a period of three (3) months after the agreed delivery date, both parties are entitled to terminate the agreement by notifying the other party in writing to do without one party against the other party is entitled to damages. Such notice shall be made within one (1) week after the (receiving) communication as mentioned above in paragraph 3. The provisions of this paragraph shall be without prejudice to the provisions of Article 6, paragraph 3 of these conditions.
Article 15 - Liability
1. Citro-Classique is against the buyer / customer shall only be liable for damages foreseeable and direct consequence of a shortcoming on the part of Citro-Classique in implementing its obligations under the agreement between him and the buyer / client. Any form of consequential or indirect damages, including without means business interruption, delay damages (other than statutory rate), damages for loss of value, loss of enjoyment, loss of profits, or losses, damages related to cost of replacement transportation or rental and lease costs, damage (property of) third parties, cargo damage and personal or material damage are excluded from consideration.
2. Where Citro-Classique, under the provisions specified in paragraph 1, is obliged to pay damages concerns only those damages for which Citro-Classique is assured he should at least reasonably assured, with the proviso that never higher than the maximum insured or reasonably assure amount is recoverable. aims to establish a damage ceiling with the provisions here.
3. regarding the state of the services provided by Citro-Classique (including repairs) and / or business extends its liability to the buyer / client no further than described in the warranty conditions, as defined in Article 16. The buyer / client the law does not accrue the rights of the buyer / customer does not give acting in the exercise of profession or business in that capacity, such as the right under book 7 of the Civil Code that the case complies with delivery to the agreement.
4. Any other claim for damages, for whatever reason, is excluded.
5. The buyer / client Citro-Classique indemnify against all third party claims, unless Citro-Classique under this section is liable.
Article 16 - Warranty
1. For deliveries of new cases, components, and materials including accessories, no other warranties apply than those provided by the manufacturer, importer or supplier, and as stated in the worship extended warranty forms to the other party. Provided no warranty forms, then Citro-Classique will regarding matters carried out by him from third parties are concerned or in respect of work which by third parties on his behalf, are not obliged to provide any more extensive warranty than that the Citro- Classique by the third party in this respect has acquired. Warranty on previously by third parties used goods (used cars, demonstration and show models, exchange parts and components including) is expressly excluded, unless the parties expressly agree otherwise in writing.
2. Each warranty is void if, without the prior written consent of Citro-Classique work by the buyer / customer or a third party have been conducted relating to the goods and / or services for which a claim is made on the guarantee.
3. In the event of any warranty Citro-Classique just kept exclusively zijneer selection to replacement, addition or repair of the goods delivered, provided that the defect does not relate to customary exceptions and not the result of an external cause and / or any act or omission of the other party or third party, or normal wear and tear. The things that have been replaced or components thereof are the property of Citro-Classique.
4. Citro-Classique guarantees the repair work carried out by him for a period of three months with a maximum of up to 25,000 km, starting from the date of the completion of the repair. The guarantee means that Citro-Classique the deficiencies found within this period, provided promptly reported to him will resolve on their own account. No warranty is made to the supply of emergency repairs. The warranty is void in the event of improper use or third parties, or if the buyer / customer himself without the prior approval of Citro-Classique work will post those related directly or indirectly to the repair work carried out by Citro-Classique against which the appeal is to guarantee done.
Article 17 - Advertising
1. Complaints concerning serve by Citro-Classique goods delivered or services rendered by him promptly, but in any case within eight days after the ground for the exercise of advertising is discovered or reasonably could have been discovered at Citro-Classique to submitted under penalty of forfeiture of claims. This period commences on the date of actual delivery of the case, i.e. the time of the execution of the service.
2. In respect of externally visible defects by Citro-Classique delivered items, such as scratches, dents and the like, after the actual delivery no advertising possible, subject to proof to the buyer / client rebuttal.
3. Returned goods are not accepted, unless approved in advance in writing by Citro-Classique. They should be sent carriage paid and, if necessary, be properly packed.
Article 18 - Trade / Purchase
1. Where the purchase of a business in exchange of another case the buyer / customer pending the delivery of the products it sold continues to use the exchangeable object, which remains in business trade for account and risk as long as he That case has not actually been delivered to the dealership. Until then, he remains the owner of the exchangeable object and all costs including maintenance costs, damages, losses and depreciation cost. Citro-Classique is not tied to an agreed exchange rate if the actual delivery of the exchangeable object at a later time than the approximate delivery time. In that case the parties can pre-agreed percentage to be applied by way of depreciation on the purchase price.
2. Unless expressly agreed otherwise in writing guarantees the buyer / client against Citro-Classique that one or more possible by trading him in business are free of rights and claims of third parties, damage, in sound and movement safe state be and that that case or business is not manipulated, for example with regard to kilometers slow and furthermore it guarantees Citro-Classique in general that he is not aware of facts or circumstances relating to the exchange of matter or matters which he suspects or knows or should know that important (can) for Citro-Classique which is unaware of it (left).
3. The actual trade occurs buyer / principal of the guarantee referred to in paragraph 2.
Article 19 - Personal Information
The personal data of the buyer / client are listed in the order confirmation process by Citro- Classique, possibly within the meaning of the Data Protection Act (PDPA). Citro-Classique can perform the contract on the basis of this process and fulfill its warranty obligations to the buyer / client, buyer / client provide optimum service, it timely with current automotive information and make it personalized offers. In addition to third parties the personal data can be made available for the purpose of direct marketing activities for vehicles. By processing of personal data under the Data Protection Act for the purpose of direct mailing activity becomes possible to draw honored opposition to the buyer / client at Citro-Classique. The vehicle data is included in the system of the National Foundation Autopas. In this system apart odometer values are recorded to prevent fraud with odometers.
Article 20 - Applicable law
At any legal relationship between Citro-Classique and buyer / client Dutch law.
Article 21 - Disputes
Any disputes that may arise in connection with the contract and agreement or further agreements that may result therefrom, between Citro-Classique and buyer / client shall be settled in accordance with the Arbitration Rules of the Dutch Arbitration Institute.