General conditions

General Terms and Conditions – Louwman Exclusive Cars B.V.

Contents:
Article 1 – Definitions
Article 2 – Identity of the Trader
Article 3 – Scope
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the Consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the Consumer and the associated costs
Article 9 – Obligations of the Trader in the case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – Prices
Article 12 – Compliance and additional guarantees
Article 13 – Delivery and execution
Article 14 – Continuing performance contracts: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or alternative provisions

Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meaning:

  1. Supplementary agreement: an agreement 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 agreement between that third party and the Trader;
  2. Cooling-off period: the period within which a Consumer may exercise their right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or professional activities;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in a digital format;
  6. Continuing performance contract: an agreement for the regular delivery of goods, services and/or digital content for a specified period;
  7. Durable medium: any resource – including e-mail – that enables the Consumer or Trader to store information addressed to them personally in a way that allows future consultation or use for a period that is geared to the purpose for which the information is intended, and that allows the unaltered reproduction of the stored information;
  8. Right of withdrawal: the option of the Consumer to withdraw from the remote contract within the cooling-off period;
  9. Trader: the natural or legal person who remotely offers products, digital content (or access thereto) and/or services to Consumers;
  10. Distance contract: a contract concluded between a Trader and a Consumer within the framework of an organised system for distance selling of products, digital content and/or services, where exclusive or joint use is made of one or more technologies for remote communication 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 made available if the Consumer has no right of withdrawal in respect of their order;
  12. Remote communication technology: any means that can be used to conclude a contract, without the Consumer and Trader having to be in the same place at the same time.

Article 2 – Identity of the Trader
Name: Louwman Exclusive Cars B.V.;
Address: Proostwetering 53, 3543 AC Utrecht;
Telephone number: +31 (0)30 221 21 21
E-mail address: info@louwmanexclusive.nl
Chamber of Commerce registration number: 54085721
VAT identification number: NL8511.53.471.B01

Article 3 – Scope

  1. These General Terms and Conditions apply to any offer by the Trader and to any 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 its General Terms and Conditions can be consulted and that they will be sent to the Consumer free of charge and as soon as possible following the Consumer’s request.
  3. Contrary to the provisions of the previous paragraph, if the distance contract is concluded in an electronic format, the text of these General Terms and Conditions can be made available to the Consumer electronically before the distance contract is concluded in such a way that the Consumer may easily store them on a durable medium. If this is not reasonably possible, the Trader will indicate before the distance contract is concluded how its General Terms and Conditions can be consulted in an electronic format and that they will be sent to the Consumer free of charge in an electronic or other format as soon as possible following the Consumer’s request.
  4. Where specific product or service conditions also apply in addition to these General Terms and Conditions, the second and third paragraphs will apply by analogy and, in the event of conflicting conditions, the Consumer may always invoke the applicable provision 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 explicitly stated in the offer.
  2. The offer must contain a complete and accurate description of the products, digital content and/or services offered. The description must be sufficiently detailed to allow a proper appraisal of the offer by the Consumer. If the Trader uses images, these must provide a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer will not be binding on the Trader.
  3. Each offer must contain such information that it is clear to the Consumer what rights and obligations are attached to acceptance of the offer.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance of the offer by the Consumer and fulfilment of the conditions set out therein.
  2. Where the Consumer has accepted the offer in an electronic format, the Trader will immediately confirm receipt of acceptance of the offer in electronic format. The Consumer may terminate the contract as long as receipt of this acceptance has not yet been confirmed by the Trader.
  3. If the agreement is concluded in an electronic format, the Trader must take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure online environment. If the Consumer can pay electronically, the Trader shall take appropriate security measures.
  4. Within the legal frameworks, the Trader may investigate whether the Consumer is able to meet their payment obligations, as well as all other facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of such investigations, the Trader has good reasons not to enter into the agreement, it is entitled to refuse an order or request, or to attach special conditions to its performance, stating the reasons why.
  5. No later than on delivery of the product, service or digital content to the Consumer, the Trader will send the Consumer the following information, either in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
    • the visiting address of the Trader’s premises where the Consumer can go if they have any complaints;
    • the conditions under which and the way in which the Consumer can exercise their right of withdrawal, or a clear statement regarding an exclusion of the right of withdrawal;
    • information on warranties and existing after-sales service;
    • the price of the product, service or digital content, including all taxes; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
    • the requirements for terminating the agreement if the agreement has a duration of more than one year or where the duration is open-ended;
    • the model withdrawal form, where the Consumer has a right of withdrawal.
  6. In the case of a continuing performance contract, the provisions of the previous paragraph will only apply to the initial delivery.

Article 6 – Right of withdrawal

  1. The Consumer may terminate an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without having to give any reason. The Trader may ask the Consumer for the reason for withdrawal, but may not make it compulsory to give a reason.
  2. The cooling-off period referred to in paragraph 1 starts on the day after the Consumer, or a third party designated in advance by the Consumer, not being the carrier, has taken receipt of the product, or:
    • if the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party designated by them, has received the final product. Provided that it has informed the Consumer clearly prior to the ordering process, the Trader may refuse an order for multiple products which have different delivery times;
    • if the delivery of a product consists of several consignments or parts: the day on which the Consumer, or a third party designated by them, has received the final consignment or final part;
    • in the case of agreements for the regular delivery of products for a certain period of time: the day on which the Consumer, or a third party designated by them, has received the initial product.
  3. 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 will expire 12 months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
  4. If the Trader provides the Consumer with the information referred to in the preceding paragraph within 12 months of the starting date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the Consumer has received that information.

Article 7 – Obligations of the Consumer during the cooling-off period

  1. During the cooling-off period, the Consumer undertakes to handle the product and its packaging with care. They will unpack or use the product only to the extent necessary to establish its nature, characteristics and functioning. The basic principle is that the Consumer may only handle and inspect the product as they would be allowed to do in a retail outlet.
  2. The Consumer will only be liable for any depreciation in the value of the product resulting from handling of the product in a way that goes beyond what is permitted in accordance with paragraph 1.
  3. The Consumer will not be liable for any depreciation in the value of the product if the Trader has not provided them with all legally required information about the right of withdrawal prior to or on conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the Consumer and the associated costs

  1. If the Consumer exercises their right of withdrawal, they must notify the Trader of this within the cooling-off period by using the model withdrawal form or in some otherwise unambiguous way.
  2. The Consumer must return the product or hand it over to the Trader or its authorised agent as soon as possible, but in any case within 14 days from the day following the notification referred to in paragraph 1. This is not necessary if the Trader has offered to collect the product itself. The Consumer will be deemed to have complied with the return period in any case if they return the product before expiry of the cooling-off period.
  3. The Consumer must return the product with all delivered accessories, including – where reasonably possible – in the original condition and packaging, and in accordance with any reasonable and clear instructions from the Trader.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
  5. The Trader will pay for the immediate costs of returning the product.
  6. If the Consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water or electricity – not being made available for sale in a limited volume or limited quantity – starts during the cooling-off period, the Consumer will owe the Trader an amount proportionate to that part of the agreement that the Trader has fulfilled at the time of withdrawal, compared to complete fulfilment of the agreement.
  7. The Consumer will not be liable for any costs for the provision of services or the supply of water, gas or electricity – not being made available for sale in a limited volume or quantity – or for the supply of district heating, if:
    • the Trader has not provided the Consumer with the legally required information about the right of withdrawal, the compensation of costs in the case of withdrawal or the model withdrawal form, or;
    • the Consumer has not explicitly requested the start of provision of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
  8. The Consumer will not be liable for any costs for the supply, in whole or in part, of any digital content not supplied on a tangible medium, if:
    • they have not expressly agreed to the commencement of performance of the agreement prior to the end of the cooling-off period;
    • they have not acknowledged the loss of the right of withdrawal when giving consent; or
    • the Trader has failed to confirm such an acknowledgement by the Consumer.
  9. If the Consumer exercises their right of withdrawal, all supplementary agreements will be terminated by operation of law.

Article 9 – Obligations of the Trader in the case of withdrawal
1. If the Trader makes it possible for Consumers to give notice of withdrawal by electronic means, it must send a confirmation of receipt immediately following receipt of such notice.
2. The Trader will reimburse all payments of the Consumer, including any delivery costs charged by the Trader for the returned product, immediately, but in any case within 14 days of the day following the day on which the Consumer notified it of the withdrawal. Unless the Trader offers to collect the product itself, it may wait until it has received the product or until the Consumer demonstrates that they have returned the product, whichever is earlier, before making a refund.
3. The Trader will reimburse the Consumer using the same payment method that the Consumer used, unless the Consumer agrees to a different method. The refund will be made free of charge for the Consumer.
4. If the Consumer has chosen a more expensive method of delivery than the lowest cost standard delivery, the Trader is under no obligation to refund the additional costs for the more expensive delivery 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 where the Trader has clearly stated this in the offer, or at least in good time prior to conclusion of the agreement:

  1. Products that spoil quickly or have a limited shelf life;
  2. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and the seals of which have been broken following delivery;
  3. Products which, by their very nature, become irrevocably mixed with other products after delivery;
  4. Alcoholic beverages, the price of which was agreed upon when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market beyond the Trader’s control;
  5. Sealed audio or video recordings and computer software, the seal of which has been broken following delivery;
  6. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
  7. The provision of digital content other than on a tangible medium, but only if:
    1. the provision started with the express prior consent of the Consumer; and
    2. the Consumer has acknowledged or confirmed the loss of their right of withdrawal.

Article 11 – Prices

  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. Notwithstanding the preceding paragraph, the Trader may offer products or services with variable pricing where their prices are subject to fluctuations in the financial market beyond the Trader’s control. The fact that these prices are subject to fluctuations and that they are indicative prices only will be stated in the offer.
  3. Price increases within three months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases after three months of conclusion of the agreement are only permitted if the Trader has stipulated this and:
    • these are the result of statutory regulations or provisions; or
    • the Consumer is entitled to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices specified in the offer of products or services are inclusive of VAT.

Article 12 – Compliance and additional guarantees

  1. The Trader guarantees that the products and/or services are in conformity with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the statutory provisions and/or government regulations prevailing on the date of conclusion of the agreement. Where specifically agreed, the Trader also guarantees that the product is suitable for use other than normal use.
  2. Any additional guarantees provided by the Trader, its supplier, manufacturer or importer will never limit the statutory rights and claims that the Consumer may assert against the Trader under the agreement if the Trader has failed in the performance of its part of the agreement.
  3. ‘Any additional guarantees’ is understood to mean any commitment given by the Trader, its supplier, importer or manufacturer in which it grants the Consumer certain rights or claims that go beyond what is legally required if the Trader has failed in the performance of its part of the agreement.

Article 13 – Delivery and execution

  1. The Trader undertakes to observe the utmost care in its receipt of and in the execution of orders of products and in appraising applications for the provision of services.
  2. The place of delivery will be deemed to be the address that the Consumer has provided to the Trader.
  3. With due observance of the provisions of Article 4 of these General Terms and Conditions, the Trader will execute accepted orders expeditiously, but 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 be fulfilled only in part, the Consumer will receive notice of this within 30 days of placing the order. In that case, the Consumer has the right to terminate the agreement without incurring any penalty and without entitlement to any compensation.
  4. Following termination in accordance with the preceding paragraph, the Trader will immediately refund any amount that the Consumer has paid.
  5. Unless explicitly agreed otherwise, the risk of damage and/or loss of products lies with the Trader until the moment of delivery to the Consumer or to a pre-designated representative of which the Trader has been notified.

Article 14 – Continuing performance contracts: duration, termination and renewal
Termination:

  1. The Consumer may terminate an agreement that has been concluded for an open-ended period and that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed rules on termination and a notice period not exceeding one month.
  2. The Consumer may terminate an agreement that has been concluded for a fixed period and that provides for the regular delivery of products (including electricity) or services at any time with effect from the end of the fixed period, subject to the agreed rules on termination and a notice period not exceeding one month.
  3. In respect of the agreements referred to in the preceding paragraphs, a Consumer may:

    o terminate them at any time and not be restricted to give notice of termination at a specific time or in a specific period;
    o terminate them at least in the same manner as they were entered into;
    o always terminate them subject to the same period of notice that the Trader has stipulated for itself.
    Renewal:
    1. An agreement that has been entered into for a fixed period for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
    2. Notwithstanding the provisions of the preceding paragraph, an agreement entered into for a fixed period for the regular supply of daily or weekly newspapers or periodicals may be tacitly renewed for a
    fixed period not exceeding three months if the Consumer is entitled to terminate this renewed agreement with effect from the end of the renewal period, subject to a period of notice not exceeding one month. 3. An agreement that has been entered into for a fixed period for the regular supply of products or services may only be tacitly renewed for an open-ended period if the Consumer is entitled to terminate at any time with a notice period not exceeding one month. The notice period will not exceed three months if the agreement provides for the regular delivery of daily or weekly newspapers and periodicals, but less than once a month.
  4. An agreement of short duration for the regular delivery of daily or weekly newspapers and periodicals by way of introduction (trial or introductory subscription) will not be tacitly renewed and will terminate automatically at the end of the trial or introductory period.
    Duration:
    1. If an agreement has a duration of more than one year, the Consumer may terminate the agreement after the first year at any time subject to a notice period not exceeding one month, unless termination before the end of the agreed period could be considered unfair or inequitable.

Article 15 – Payment

  1. Unless otherwise provided for in the agreement or in supplementary conditions, the amounts due by the Consumer must be paid within 14 days of the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days of conclusion of the agreement. In the case of an agreement to provide a service, this period will commence on the day following the day on which the Consumer has received confirmation of the agreement.
  2. When selling products to Consumers, the Consumer may never in general terms be obliged to pay more than 50% in advance. When advance payment is stipulated, the Consumer may not assert any rights in relation to execution of the order or service(s) before the stipulated advance payment has been made.
  3. The Consumer is obliged to immediately report to the Trader any inaccuracies in the payment details provided or stated.
  4. If the Consumer fails to meet their payment obligation(s) in good time, the Trader will inform them of the late payment and grant the Consumer a further period of 14 days in which to fulfil their payment obligations. If the Consumer again fails to pay within this 14-day period, they will be liable to pay statutory interest on the amount outstanding and the Trader will also be entitled to charge them for the extra-judicial collection costs incurred. These collection costs will not exceed: 15% of outstanding amounts up to €2,500; 10% of the next €2,500 and 5% of the next €5,000, subject to a minimum of €40. The Trader may deviate from the amounts and percentages stated in the Consumer’s favour.

Article 16 – Complaints procedure

  1. The Trader has a complaints procedure which it draws sufficient attention to, and will handle any complaints in accordance with this complaints procedure.
  2. Complaints about performance of the agreement must be submitted to the Trader, fully and clearly described, within a reasonable period of time after the Consumer has discovered the defects.
  3. The Trader will respond to any complaints submitted within a period of 14 days from the date of receipt. If a complaint is likely to require a longer processing time, the Trader will respond within the period of 14 days with a notice of receipt and an indication of when the Consumer may expect a more detailed answer.
  4. The Consumer must in any case allow the Trader a period of at least four weeks to resolve the complaint in mutual consultation. After this period, the complaint will qualify for the dispute resolution procedure.

Article 17 – Disputes
1. Agreements between the Trader and the Consumer to which these General Terms and Conditions apply are governed exclusively by the laws of the Netherlands.

Article 18 – Additional or alternative provisions
Additional provisions or provisions that vary from these General Terms and Conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a durable medium.