General Terms and Conditions
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Consumer’s obligations during the cooling-off period
Article 8 - Exercising the consumer’s right of withdrawal and associated costs
Article 9 - Trader’s obligations in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and performance
Article 14 - Continuing transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or differing provisions
Article 20 - Amendments to the General Terms and Conditions
Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions apply:
1. Ancillary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
3. Consumer: a natural person acting for purposes outside their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing contract: a contract for the regular supply of goods, services and/or digital content over a specified period;
7. Durable medium: any instrument - including email - that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose of the information and permits the unchanged reproduction of the information stored;
8. Right of withdrawal: the consumer’s right to withdraw from a distance contract within the cooling-off period;
9. Trader: a natural or legal person offering products, digital content (or access to it) and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the trader and the consumer under an organised scheme for the distance sale of products, digital content and/or services, using one or more means of distance communication, either exclusively or in part, up to and including the conclusion of the contract;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I need not be provided if the consumer has no right of withdrawal in respect of their order;
12. Means of distance communication: a means that can be used to conclude a contract without the consumer and trader having to be physically present in the same place at the same time.
Article 2 - Identity of the trader
Trader’s name: Car Fantasy
Trading under the name(s):
That's Easy - Car Fantasy
Business address:
Archimedesweg 8
6662 PS Elst
Netherlands
Telephone number: +31481353980
Availability:
From: Monday
To: Friday
From: 09:00
Until: 17:30
Email address: info@carfantasy.nl
Chamber of Commerce number: 09147592
VAT number: NL819305480B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, then, in derogation from the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.
4. If specific product or service terms and conditions apply in addition to these general terms and conditions, paragraphs two and three apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the trader uses images, they faithfully represent the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.
3. Each offer contains sufficient information to make clear to the consumer the rights and obligations associated with accepting the offer.
Article 5 - The contract
1. Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions attached to it.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of that acceptance electronically. Until the trader has confirmed receipt of the acceptance, the consumer may cancel the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures for that purpose.
4. Within the limits of the law, the trader may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If this investigation gives the trader sound reasons not to enter into the contract, the trader is entitled to refuse an order or application, stating the reasons, or to attach special conditions to its performance.
5. No later than upon delivery of the product, service or digital content, the trader will provide the consumer with the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:
a. the visiting address of the trader’s establishment where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. information on warranties and existing after-sales service;
d. the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration;
f. the model withdrawal form, if the consumer has a right of withdrawal.
Article 6 - Right of withdrawal
For products:
1. The consumer may withdraw from a contract for the purchase of a product during a cooling-off period of 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to provide their reason(s).
2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in a single order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may refuse an order for multiple products with different delivery times, provided that the consumer has been clearly informed of this before the ordering process.
b. if a product is delivered in several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part;
c. for contracts for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, has received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer may withdraw from a service contract or a contract for the supply of digital content not supplied on a tangible medium within 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to provide their reason(s).
4. The cooling-off period referred to in paragraph 3 begins on the day after the contract is concluded.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium where information about the right of withdrawal has not been provided:
5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
6. If the trader provides the consumer with the information referred to in the preceding paragraph within twelve months of the start of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer receives that information.
Article 7 - Consumer’s obligations during the cooling-off period
1. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The guiding principle is that the consumer may only handle and inspect the product as they would be permitted to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from handling it beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the trader has not provided all legally required information about the right of withdrawal before or at the time the contract is concluded.
Article 8 - Exercising the consumer’s right of withdrawal and associated costs
1. If the consumer exercises their right of withdrawal, they must notify the trader within the cooling-off period using the model withdrawal form or another unequivocal statement.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the trader or the trader’s authorised representative. This is not required if the trader has offered to collect the product. The consumer will in any event have complied with the return deadline if they return the product before the cooling-off period has expired.
3. The consumer must return the product with all accessories supplied, in its original condition and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for exercising the right of withdrawal correctly and in time lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader states that it will bear the costs itself, the consumer does not have to pay the return costs.
6. If the consumer withdraws after having expressly requested that the performance of a service or the supply of gas, water or electricity not put up for sale in a limited volume or set quantity begin during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation fulfilled by the trader at the time of withdrawal, compared with full performance of the obligation.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not put up for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the compensation payable upon withdrawal or the model withdrawal form; or
b. the consumer has not expressly requested that the performance of the service or the supply of gas, water, electricity or district heating begin during the cooling-off period.
8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:
a. before its supply, the consumer has not expressly consented to performance of the contract beginning before the end of the cooling-off period;
b. the consumer has not acknowledged that they lose their right of withdrawal by giving consent; or
c. the trader has failed to confirm this statement by the consumer.
9. If the consumer exercises their right of withdrawal, all ancillary contracts are automatically terminated by operation of law.
Article 9 - Trader’s obligations in the event of withdrawal
1. If the trader enables the consumer to notify it of withdrawal electronically, it will send an acknowledgement of receipt immediately upon receiving that notification.
2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and within 14 days following the day on which the consumer notifies it of the withdrawal. Unless the trader offers to collect the product, it may withhold reimbursement until it has received the product or until the consumer provides evidence that the product has been returned, whichever occurs first.
3. The trader will use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the trader does not have to reimburse the additional costs of that more expensive method.
Article 10 - Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if this has been clearly stated in the offer, or at least in good time before the contract is concluded:
1. Products or services whose price depends on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period
2. Contracts concluded at a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the trader to consumers who attend or have the opportunity to attend the auction in person, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has stated that they lose their right of withdrawal once the trader has fully performed the contract;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
5. Service contracts for the provision of accommodation other than for residential purposes, transport of goods, car rental services and catering, where the contract provides for a specific date or period of performance;
6. Contracts relating to leisure activities where the contract provides for a specific date or period of performance;
7. Products made to the consumer’s specifications that are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or that are clearly intended for a specific person;
8. Products that deteriorate rapidly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery;
10. Products that, by their nature, have become inseparably mixed with other products after delivery;
11. Alcoholic beverages whose price was agreed when the contract was concluded, but which can only be delivered after 30 days and whose actual value depends on market fluctuations over which the trader has no influence;
12. Sealed audio or video recordings and computer software that have been unsealed after delivery;
13. Newspapers, periodicals or magazines, except for subscriptions to them;
14. The supply of digital content other than on a tangible medium, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has stated that they thereby lose their right of withdrawal.
Article 11 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. In derogation from the preceding paragraph, the trader may offer products or services at variable prices where those prices depend on fluctuations in the financial market over which the trader has no influence. The offer will state that prices are subject to such fluctuations and that any prices quoted are indicative prices.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices stated in offers for products or services include VAT.
Article 12 - Performance of the contract and additional warranty
1. The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.
2. An additional warranty provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the contract if the trader has failed to fulfil its part of the contract.
3. An additional warranty means any undertaking by the trader, its supplier, importer or manufacturer granting the consumer certain rights or claims beyond those that the undertaking party is legally required to provide if it has failed to fulfil its part of the contract.
Article 13 - Delivery and performance
1. The trader will exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address provided by the consumer to the trader.
3. Subject to the provisions of article 4 of these general terms and conditions, the trader will fulfil accepted orders with due speed and no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer is entitled to cancel the contract free of charge and to any applicable compensation.
4. Following cancellation in accordance with the preceding paragraph, the trader will reimburse the amount paid by the consumer without delay.
5. The risk of damage to and/or loss of products remains with the trader until delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 14 - Continuing transactions: duration, termination and renewal
Termination:
1. The consumer may terminate a contract of indefinite duration for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may give notice at any time to terminate a fixed-term contract for the regular supply of products (including electricity) or services at the end of its fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the contracts referred to in the preceding paragraphs:
a. at any time, without being restricted to termination at a particular time or during a particular period;
b. at least in the same manner in which they entered into them;
c. always with the same notice period as the trader has stipulated for itself.
Renewal:
4. A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. In derogation from the preceding paragraph, a fixed-term contract for the regular delivery of daily newspapers, news publications, weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer can terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.
6. A fixed-term contract for the regular supply of products or services may only be tacitly renewed for an indefinite term if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the contract is for the regular delivery, but less than once a month, of daily newspapers, news publications, weekly newspapers and magazines.
7. A fixed-term contract for the regular delivery of daily newspapers, news publications, weekly newspapers and magazines on a trial or introductory basis (a trial or introductory subscription) will not be tacitly continued and will end automatically upon expiry of the trial or introductory period.
Duration:
8. If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless the requirements of reasonableness and fairness preclude termination before the end of the agreed term.
Article 15 - Payment
1. Unless otherwise provided in the contract or supplementary terms and conditions, amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period or, if there is no cooling-off period, within 14 days of the conclusion of the contract. For a contract for the provision of a service, this period begins on the day after the consumer receives confirmation of the contract.
2. When products are sold to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any rights concerning the fulfilment of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer must notify the trader without delay of any inaccuracies in the payment details provided or stated.
4. If the consumer fails to meet their payment obligation(s) on time, and the trader has notified the consumer of the late payment and allowed a period of 14 days, starting on the day after receipt of the payment reminder, to fulfil those obligations, then, if payment is not made within that 14-day period, the consumer owes statutory interest on the outstanding amount and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs may not exceed: 15% on outstanding amounts up to € 2.500,=; 10% on the next € 2.500,= and 5% on the next € 5.000,=, with a minimum of € 40,=. The trader may depart from these amounts and percentages in the consumer’s favour.
Article 16 - Complaints procedure
1. The trader has an adequately publicised complaints procedure and handles complaints in accordance with that procedure.
2. Complaints about the performance of the contract must be submitted to the trader within a reasonable time after the consumer discovers the defects, with a complete and clear description.
3. Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint is expected to require a longer processing time, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, a service or the trader’s customer service may also be submitted using a complaints form on the consumer page of the website. The complaint will then be sent to both the trader concerned and the webshop.
5. The consumer must in any event allow the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the dispute resolution procedure.
Article 17 - Additional or differing provisions
Provisions that supplement or differ from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
a. To: [ trader’s name]
[ trader’s geographical address]
[ trader’s fax number, if available]
[ trader’s email address or electronic address]
b. I/We* hereby give notice that, in respect of our contract concerning
the sale of the following products: [description of product]*
the supply of the following digital content: [description of digital content]*
the provision of the following service: [description of service]*,
I/we* withdraw from that contract.
c. Ordered on*/received on* [date of order for services or receipt for products]
d. [Name of consumer(s)]
e. [Address of consumer(s)]
f. [Signature of consumer(s)] (only if this form is submitted on paper)
g. [Date]
* Delete as appropriate or complete as applicable.
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Supplementary terms to the General Terms and Conditions
Article 1 - Payment
For orders over €500, we require an advance payment of at least 20% of the total purchase price. This also applies to special-order items that are ordered, supplied or manufactured specifically for your vehicle.
Article 2 - Warranty
a. CarFantasy provides a warranty of at least one year on the items it supplies, without prejudice to the consumer’s statutory rights. CarFantasy guarantees the quality and/or usability of the items it supplies in accordance with the specifications offered. The date stated on the invoice is the start date of the warranty.
b. If a complaint is justified within the warranty period, CarFantasy will bear the shipping costs. If a complaint is unfounded, the costs incurred will be borne by the consumer.
c. If a complaint is justified, CarFantasy will arrange for the item to be repaired or replaced, in whole or in part.
e. We provide no warranty beyond the statutory warranty on chrome and polished parts, as these cannot withstand extreme weather conditions.
No claim may be made under the warranty if:
a. modifications have been made to the item or device;
b. defects have arisen from incorrect or improper use, such as failure to follow the accompanying operating instructions or incorrect installation;
c. the defect has been caused intentionally or through gross negligence;
d. there has been an external event such as a car accident, lightning strike, power failure, natural disaster, etc.;
e. there is normal wear and tear.
Article 3 - B2B right of withdrawal
The right of withdrawal is excluded for B2B purchases. In some cases, an exception may be agreed in consultation. However, a restocking fee of between 15% and 75% of the purchase value will then be charged. This compensates Car Fantasy for the costs of taking the products concerned into stock or returning them to the manufacturer.
Do you have any questions?
Please do not hesitate to contact That's Easy - Car Fantasy:
Website: https://thats-easy.com
Email: info@carfantasy.nl