Terms and Conditions
Terms and Conditions Hobo Parts Brakel
Article 1 - Definitions
- Customer: the natural or legal person who enters into an agreement with Hobo Parts Brakel, where Hobo Parts Brakel is the party supplying the service or goods.
- Right of cancellation: the right to cancel the distance selling contract without giving reasons (see Art. 5.1) based on the Distance Selling Act.
- Client: the Customer who commissions Hobo Parts Brakel to perform a particular service.
- Performance: the outcome of the service commissioned by the Client.
Article 2 - Applicability
- These terms and conditions shall apply to any agreement concluded between Hobo Parts Brakel and the Customer.
- Declaring any one provision of the Hobo Parts Brakel Terms and Conditions to be invalid, for whatever reason, shall not affect the validity of the other provisions.
Article 3 - Quotes
- Where any quote is time-limited or subject to conditions, this shall be explicitly stated in the quote itself.
- The quote shall include a complete and accurate description of the products or services being offered. The description shall be sufficiently detailed to allow the Customer to assess the quote adequately. Where Hobo Parts Brakel uses images, these shall be a true representation of the products or services being offered. Obvious mistakes or errors in the quote shall not be binding on Hobo Parts Brakel.
- Every quote shall include sufficient information to make clear to the Customer what rights and obligations are attached to accepting the quote. This shall particularly refer to:
- the price including any taxes;
- any potential delivery charges;
- the manner in which the agreement will take effect and the action required to make this happen;
- whether or not the Right of Cancellation shall apply;
- the method of payment, delivery or fulfilling the agreement;
- the timescale for accepting the quote, or the time for which the price is valid;
- the charging rate for distance communication where using the technology for distance communication is charged on a basis other than the basic rate;
- where copies of agreements are retained following completion, how the Customer may access these;
- the process whereby the Customer can discover options that they did not require prior to entering into the agreement, as well as the way in which they can rectify this before the agreement shall take effect;
- the languages in which, in addition to Dutch, the agreement can potentially be concluded;
- the codes of conduct to which Hobo Parts Brakel shall be subject and the way in which the Consumer can access these codes of conduct electronically; and
- the minimum term of the distance agreement where an agreement involves the ongoing or regular supply of products or services.
Article 4 - Agreement
- The agreement shall take effect at the point where the Customer accepts the offer and meets the relevant conditions, subject to the provisions of paragraph 4.
- Where the Customer has accepted the quote electronically, Hobo Parts Brakel shall immediately confirm receipt of acceptance of the quote, using electronic means. The Customer may cancel the agreement up to the point where receipt of this acceptance is confirmed by Hobo Parts Brakel.
- Where the agreement is concluded electronically, Hobo Parts Brakel shall take appropriate technical and organisational measures to make electronic data transfer secure, and will ensure a secure web environment. Where payment may be made electronically, Hobo Parts Brakel shall put appropriate security measures in place.
- Hobo Parts Brakel may - as permitted by law - make enquiries as to whether the Customer can meet their payment obligations, as well as any factors and considerations important for concluding the distance agreement in a reasonable manner. Where, based on these enquiries, Hobo Parts Brakel finds good reason not to enter into the agreement, it shall be entitled to decline an order or request, or to attach special conditions to it being accepted.
- Hobo Parts Brakel shall send the following information with the product or service, in writing or in such a way that the Customer may store it in an accessible manner on a durable medium:
- the visiting address of the Hobo Parts Brakel office where the Customer can take complaints;
- the conditions under which and the way in which the Customer may invoke the right of cancellation, or a clear statement regarding exemption from the right of cancellation;
- information about guarantees and current after-sales service;
- the information included in Article 3, paragraph 3, of these conditions, unless Hobo Parts Brakel has already provided this information to the Customer prior to fulfilling the agreement;
- the requirements for cancelling the agreement if the agreement is for a term of more than one year or is indefinite;
- in the event of a repeating transaction, the provision in the previous paragraph shall apply only to the first delivery.
Article 5 - Right of Cancellation
- When purchasing goods at a distance, the Customer or a party acting on their behalf shall be entitled to cancel the agreement without giving a reason, for up to fourteen (14) days from delivery, in accordance with the Distance Selling Act.
- Where the Customer wishes to make use of the Right of Cancellation, they must only unpack or use the product to the extent necessary to assess whether the Customer wishes to keep the product. The Customer shall handle the product and the packaging with care during this period.
- The Customer shall return the product within fourteen (14) days of notifying cancellation, including all accessories supplied and, as far as possible, in the original condition and packaging, to Hobo Parts Brakel, in accordance with any reasonable and clear instructions given by Hobo Parts Brakel.
- The Customer shall have no right of cancellation:
- for goods made to order, or for a product with clearly distinct personalisation;
- for electronic devices, whether new or used;
- once the time allowed for accepting the quote has expired;
- where the Customer purchases a service and supply has started, with their consent, within seven working days.
Article 6 - Charges in the event of cancellation
- Where the Customer wishes to make use of their Right of Cancellation, they shall be responsible for the cost of return carriage.
- Where the Customer has made payment, Hobo Parts Brakel shall refund this amount as soon as possible, but in any case no later than thirty (30) days following return or cancellation.
Article 7 - Delivery
- Hobo Parts Brakel shall take the greatest possible care when accepting and processing orders for products and when assessing requests for the supply of services.
- The place of delivery shall be the address which the Customer has advised to the company.
- With due regard for the provisions in article 3 of these terms and conditions, Hobo Parts Brakel shall fulfil orders in a timely manner once accepted, but no later than within thirty (30) days, unless longer delivery has been agreed. Where delivery is delayed, or if an order cannot or can only partially be fulfilled, the Customer shall be notified no later than thirty (30) days from placing the order. In such event, the Customer shall be entitled to cancel the agreement without charge and be entitled to any compensation.
- In the event of termination in accordance with the preceding paragraph, Hobo Parts Brakel shall refund the amount the Customer has paid as soon as possible, but in any case no later than thirty (30) days following termination.
- Where delivery of a product ordered appears not to be possible, Hobo Parts Brakel shall endeavour to make a replacement item available. It shall be stated in a clear and comprehensible manner, no later than at the time of delivery, that a replacement item is being delivered. Replacement items cannot be exempted from the right of cancellation. The cost of any return carriage shall be the responsibility of the Customer (see Art. 6.1.).
Article 8 - Collection
- Where the agreement relates to the collection of a scrap car, Hobo Parts Brakel shall offer the Client the option of having the vehicle in question collected by Hobo Parts Brakel, provided that the location for collection lies within a radius of 30 kilometres from Brakel. There shall be no extra charge for this within a radius of ten kilometres around Brakel; a fee shall be charged beyond the radius of ten kilometres.
Article 9 - Transfer of risk
- The risk of loss, damage or depreciation shall pass to the Customer at the moment the items pass into the Customer's care.
Article 10 - Retention of title
- All items shall remain the property of Hobo Parts Brakel until the amount due has been paid by the Customer to Hobo Parts Brakel.
- Should the Customer fail to settle the invoice on time, Hobo Parts Brakel shall be entitled to take back the items, both the item originally supplied as well as any new item created from it by the Customer, without notice of default being required.
- Hobo Parts Brakel shall transfer ownership of the item supplied to the Customer once the Customer has fulfilled the payment obligation.
Article 11 - Liability
- Hobo Parts Brakel shall accept no liability whatsoever for damages of any nature, caused by inaccurate or incomplete information being supplied by the Customer.
- Hobo Parts Brakel shall accept no liability for (consequential) loss suffered by the Customer or by third parties, within the context of the agreement, which is due to the fault of the Customer.
- Hobo Parts Brakel shall be liable only for direct loss, which shall exclusively mean all reasonable costs in determining the cause and extent of the loss, any reasonable costs incurred in bringing the defective goods or services supplied by Hobo Parts Brakel into compliance with the agreement, where these can be attributed to Hobo Parts Brakel, and reasonable costs incurred in preventing or limiting loss, where the Customer demonstrates that these costs did lead to limiting direct loss as referred to in these terms and conditions.
- Hobo Parts Brakel shall never be liable for indirect loss, including consequential loss, loss of profits, loss of investments or loss due to business interruption.
- The limitation or exclusion of liability referred to in this article shall not apply where the loss arises from deliberate reckless conduct, intent or gross negligence on the part of Hobo Parts Brakel.
- Where Hobo Parts Brakel is found liable for loss, that liability shall be limited to twice the purchase cost of the item excluding VAT, this being capped at the level of the insurance cover.
Article 12 - Guarantee
- Hobo Parts Brakel shall guarantee services supplied for a period of (3) months following supply.
- Where the agreed service supplied involves (in part) processing material supplied by the Client, Hobo Parts Brakel shall not guarantee the performance of goods or services as referred to in Article 12.1
- Where the agreed service supplied involves delivery of an item or goods, Hobo Parts Brakel shall guarantee the item supplied for the period specified in Article 12.1.
Where it appears that the supply is defective, then the item must be returned, carriage paid, to Hobo Parts Brakel, and Hobo Parts Brakel will decide whether Hobo Parts Brakel shall:
- repair the item;
- replace the item;
- issue a credit to the Customer covering the relevant part of the invoice.
- a manufacturer's warranty shall apply to those parts where the Client and Hobo Parts Brakel have specifically agreed this in writing. Where the Client is aware of a factory warranty, it shall take the place of any warranty referred to in this article.
- The Customer must in all cases afford Hobo Parts Brakel the opportunity to repair any defect or to deliver replacement goods.
- The Customer shall have recourse to the guarantee only once they have fulfilled all obligations towards Hobo Parts Brakel.
- No guarantee shall be given where defects are the result of:
- normal wear and tear;
- improper use;
- lack of or inadequate maintenance;
- installation, assembly, modification or repair by the Customer or by third parties.
- No guarantee shall be given for goods supplied which were not new at the time of supply, nor for items that were specified by the Client or supplied by or on behalf of the Client.
- No guarantee is given for cleaning, testing or repairing Client property.
Article 13 - Protection of personal data
- Hobo Parts Brakel shall store personal data in the customer management system in order to process orders.
- Hobo Parts Brakel guarantees the privacy of the Customer and will therefore never supply data to third parties, except where Hobo Parts Brakel is legally obliged to do so.
Article 14 - Complaints procedure and jurisdiction
- Complaints regarding implementation of the agreement must be submitted in full and clearly outlined in writing to Hobo Parts Brakel within fourteen (14) days of the Customer discovering the defects.
- Hobo Parts Brakel shall handle and respond to complaints submitted as soon as possible, but in any case within fourteen (14) days of receipt. Where a complaint appears to need longer for processing, Hobo Parts Brakel shall respond within fourteen (14) days with a message acknowledging receipt and an indication of when the Customer can expect a more detailed answer.
- Any disputes arising between Hobo Parts Brakel and the Customer, resulting from the agreement or from any existing or future legal relationship such as, but not limited to, unlawful action, undue payment and unjust enrichment, will initially be settled through meaningful discussion.
- Where the consultation does not produce a result, the dispute shall be laid before the competent court in 's-Hertogenbosch, except where mandatory jurisdiction rules preclude this. Hobo Parts Brakel may deviate from this jurisdiction rule and apply the statutory jurisdiction rules.
Article 15 - Applicable law
Dutch law shall apply exclusively to the agreement and to the terms and conditions.
Article 16 - Filing reference and modifying the terms and conditions
- These terms and conditions have been filed with the Chamber of Commerce under reference 64074048, and can be viewed on and downloaded from the Hobo Parts Brakel website: www.mercedespartsonline.nl. Hobo Parts Brakel will also send out the terms and conditions upon request.
- The latest filed version, or the version which was valid when the agreement was entered into, shall apply in all cases.
- Hobo Parts Brakel reserves the right to add to or vary these terms and conditions. Variations shall also apply to agreements already in effect, with due observance of thirty (30) days notice after the variation has been notified on the website and/or by e-mail. Where the Customer does not wish to accept these variations and the agreement is still in effect, they shall have the right to cancel the agreement subject to giving ten (10) days notice prior to the date when the variation comes into effect.
Article 17 - Hobo Parts Brakel legal status
The company is run by Hobo Parts Brakel, located at Burgemeester Posweg 118, 5306 GG Brakel. Hobo Parts Brakel is registered with the Chamber of Commerce under reference 81844476. The VAT number is NL862241479B01.