General Terms And Conditions

General terms and Conditions of Mobiliteitscenter Perry Verbruggen & 45 km Parts, located in Boxtel. Version valid as of 23-05-2013.

Article 1. General

1.1 'Mobiliteitscenter' in these general sales terms and conditions means: Mobiliteitscenter Perry Verbruggen. 1.2 These terms and conditions form part of all offers of and agreements with Mobiliteitscenter insofar as these are not explicitly deviated from in writing. 1.3 in consideration of the provisions of article 6.4, these conditions also apply if Mobiliteitscenter for the implementation of all agreements need to switch parties. 1.4 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not by Mobiliteitscenter recognized. 1.5 In the event that the terms and Conditions and an Agreement mutually conflicting clauses should contain, will prevail in the Agreement. 1.6 If any part of the terms and Conditions are void or nullified, the remaining provisions of the Terms remain in full force and the parties will be bound to make every effort to be in good agreement with a replacement provision that is valid, and the original intentions of the parties as much as possible.

Article 2. Offers and formation of agreements

2.1 All offers are without obligation, unless expressly stated otherwise by Mobiliteitscenter. 2.2 Contracts to supply goods and/or services bind Mobiliteitscenter only after written confirmation. Actual implementation by Mobiliteitscenter or by Mobiliteitscenter invoice sent equals a written confirmation of the offer. 2.3 If not within 8 days, also in writing, the accuracy of the content of this written confirmation is disputed, Mobiliteitscenter and the buyer are bound by it. 2.4 Offers of Mobiliteitscenter do not apply automatically to repeat orders. 2.5 Mobiliteitscenter can not be held to its offer if the buyer ought to understand that the offer, or a part thereof, an obvious mistake or error. 2.6 Supplements, amendments and/or further agreements are only valid if agreed in writing.

Article 3. Prices/Price Increase

3.1 All prices are, unless otherwise indicated, expressed in Euros, exclusive of turnover tax (VAT). 3.2 Mobiliteitscenter ensure that price increases after the conclusion of the will not take place, unless the increase is the result of laws and/or regulations. 3.3 If the price increase is not the result of laws and/or regulations, the consumer has the right to terminate the agreement to terminate as of the date the increase takes effect.

Article 4. Episode

4.1 If goods are in stock are shipped immediately after ordering. For the sending of the ordered goods can Mobiliteitscenter shipping charge. The delivery of ordered goods takes place at the Mobiliteitscenter known address, other than temporary, and issued to the natural person at the delivery address. 4.2 The customer must acknowledge receipt of the product drawing. This is different only if the customer has grounds for refusal on the basis of the law. 4.3 If the customer refuses or is negligent with supplying information or instructions necessary for delivery, the items will be stored for account and risk of the customer. 4.4 obligation To deliver Mobiliteitscenter will, subject to proof, are satisfied once the Mobiliteitscenter delivered to the customer are offered. For home delivery extends the report of the carrier, alleging refusal of acceptance, the full proof of the offer to supply, subject to proof to the contrary. 4.5 in Case of refusal of the goods offered return shipping and storage costs, as well as the risk of damage to or destruction of the rejected goods for the account of the buyer, unless the buyer good grounds the right to terminate the purchase or replacement of the item invokes. 4.6 Glassware and breakable goods are at the risk of the buyer.

Article 5. Delivery time

5.1 A by Mobiliteitscenter specified delivery time is never to be considered as a fatal term. The delivery time only starts after all required data are in the possession of Mobiliteitscenter, then Mobiliteitscenter will seek, within 30 days of delivery to take place. 5.2 In the context of the rules of distance selling will Mobiliteitscenter (contractor) orders expeditiously, but at least within 30 days. If this is not possible (because the ordered is out of stock or no longer available), or for other reasons delay, or an order can not or only partially implemented, will receive the consumer (client) within 1 month after placing the order message and in that case he has the right order without costs and notice to cancel.

Article 6. Dissolution

6.1 without Prejudice to the rights of Mobiliteitscenter on the basis of the law is Mobiliteitscenter entitled by means of a written declaration to that effect to the recipient the agreement wholly or partially suspend or terminate the right to damages against the buyer if, after the conclusion of the agreement Mobiliteitscenter circumstances come to the knowledge that Mobiliteitscenter giving good ground to fear that the purchaser does not fulfil his obligations or if Mobiliteitscenter at the conclusion of the agreement asked to provide security for theperformance and security remains in or inadequate (despite summation) and in case of bankruptcy of the buyer, a private application for bankruptcy by thecustomer, receivership, liquidation or a resolution to this effect, total or partial transfer of the business of the customer or seizure of any part of its assets. 6.2 If circumstances arise with regard to persons and/or materials which Mobiliteitscenter in the execution of the agreement, or tends to use, which are of such a nature that the performance of the contract impossible or so problematic and/or disproportionately expensive that compliance with them can no longer reasonably be expected to be Mobiliteitscenter entitled to terminate the agreement. 6.3 The customer has the right to goods delivered under an order in Mobiliteitscenter, if there is a consumer purchase, in accordance with article 7:5 BW, within a period of 14 days without giving any reason to dissolve the agreement, unless explicitly agreed otherwise. This period begins when the ordered goods are delivered. If the customer after expiration of this period the delivered goods to Mobiliteitscenter has returned, the purchase is a fact. The customer is obliged, before proceeding to return, thereof within the period of 14 days after delivery of notice to Mobiliteitscenter. The customer must prove that the goods delivered in a timely manner (no later than 14 days after delivery) were returned, for example by means of a proof of postal delivery. The return of the delivered goods is entirely for the account and risk of the customer. Return of goods must be in original packaging (including accessories and associated documentation) and in new condition. If the goods to the customer are used, encumbered or in any way damaged, you will lose the right to rescission within the meaning of this paragraph. With regard to what is stipulated in the preceding sentence, confirms Mobiliteitscenter after receipt and inspection of the returned goods, the cancellation of the sale immediately and shall ensure that within 30 days after receipt of the complete return, the full purchase price of the products minus a 15% administration and handling costs to the customer will be refunded. 6.4 Electronic parts can not return to be sent. 6.5 shipping Costs are non-refundable. 6.6 The purchase can not be dissolved, if the products specially ordered for you.

Article 7. Force majeure

7.1 force majeure means addition to the provisions in the law and jurisprudence, all circumstances which Mobiliteitscenter has no influence and that the delivery of things hinder or make impossible including, but not limited to strikes at Mobiliteitscenter and/or suppliers, disruptions in the Internet or WAP, disruptions in the electricity failures in e-mail traffic and disturbances or changes in technology supplied by third parties. 7.2 A force majeure may also be done if the circumstance that prevents (further) fulfilment, occurs after Mobiliteitscenter the obligation to fulfil. 7.3 If the period of force majeure fulfillment of the obligation by Mobiliteitscenter is not possible lasts longer than 2 weeks, both parties are authorised to dissolve the agreement, without in that case an obligation to damages exists. 7.4 If Mobiliteitscenter on the occurrence of the force majeure already partially fulfilled its obligations, or only partially fulfill its obligations is entitled already delivered c.q. the deliverable part separately invoice and the customer is obliged to pay this invoice as if it concerned a separate contract. However this does not apply if the already delivered c.q. deliverable part has no independent value.

Article 8. Warranty

8.1 Mobiliteitscenter offers no extended warranty on goods supplied to the warranty (conditions) of the manufacturer these matters, without however the rights of the customer arising from mandatory legal provisions. 8.2 Mobiliteitscenter is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice t.a.v. the use or application of the goods. 8.3 The customer is obliged to delivered goods immediately upon receipt to check. If it transpires that the delivered wrong, inadequate or incomplete, then the customer (before proceeding to return to Mobiliteitscenter) these defects immediately in writing to Mobiliteitscenter. Any defects or faulty goods should and can look up to 7 working days after delivery to Mobiliteitscenter be reported in writing. Return of goods must be in original packaging (including accessories and associated documentation) and in new condition. Commissioning after detection of failure, damage occurring after detection of failure, encumbrance and/or resale after detection of failure, does the right to claim and return void. 8.4 Where complaints of the customer by Mobiliteitscenter founded are found, will Mobiliteitscenter at its option or the goods delivered free of charge or replaced with the client a written scheme of compensation measures, provided that the liability of Mobiliteitscenter and therefore the amount of compensation still limited to a maximum of the invoice amount of the relevant goods, (choice of Mobiliteitscenter) to the maximum in the case concerned the liability of Mobiliteitscenter amount covered. Any liability of Mobiliteitscenter for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits. 8.5 Mobiliteitscenter is not liable for damages caused by intent or equivalent recklessness of non-managerial staff. 8.6 This warranty does not apply if: (A) and as long as the purchaser against Mobiliteitscenter in default; (B) the customer the delivered goods themselves has parried and/or edited or third parties to reparerenen/or edit. C) delivered to abnormal conditions are exposed or otherwise careless handling or contrary to the instructions of Mobiliteitscenter and/or instructions on the packaging; D) the inadequacy wholly or partially resulting from rules that the government has made or will make regarding the nature or quality of the applied materials.

Article 9. Payment

9.1 Unless otherwise agreed, the payment with a PIN transaction take place at the place of delivery of the products. Payment in instalments is not possible. 9.2 After the expiry of 10 days after the invoice date, the buyer is legally in default and from that moment an interest of 1% per month on the amount due, unless the statutory interest is higher in which case the statutory interest shall apply, whereby part of a month for an entire month. 9.3 In the event of bankruptcy or suspension of payments of the customer, or a request to do so, the claims of Mobiliteitscenter and the obligations of the purchaser against Mobiliteitscenter immediately due and payable. 9.4 If Mobiliteitscenter its claim to a collection agency must give the customer a fixed amount of 15% of the extrajudicial collection costs, with a minimum amount of 250 euro. 9.5 If Mobiliteitscenter can demonstrate to have made higher costs which were reasonably necessary, these also qualify for reimbursement.

Article 10. Retention of title

10.1 The ownership of all Mobiliteitscenter to the customer sold and delivered goods remains with Mobiliteitscenter as long as the customer's claims Mobiliteitscenter under the agreement or previous or subsequent similar agreements has not satisfied until the customer undertaken or to be performed under this or similar agreements have not yet met and until the customer's claims Mobiliteitscenter for failure in the performance of such obligations has not yet met, including claims in respect of penalties, interest and costs, as referred to in article 3:92 BW. 10.2 The Mobiliteitscenter goods delivered under retention of title may only within the framework of normal business activities and must never be used as payment. 10.3 The purchaser is not entitled under the title falling to pledge goods nor in any other way encumber. 10.4 The customer gives unconditional and irrevocable permission to Mobiliteitscenter or by Mobiliteitscenter to a third party, in all cases where Mobiliteitscenter her property to exercise, all those places to enter its property is then located and doing business there along take. 10.5 If third parties seize the property delivered or rights to establish or assert, the customer is obliged Mobiliteitscenter as soon as reasonably may be expected to inform. 10.6 The customer undertakes the property delivered to insure and keep insured against fire, explosion and water damage and against theft and the policy of this insurance on first request for inspection to Mobiliteitscenter.

Article 11. Privacy

11.1 Mobiliteitscenter respects the privacy of online visitors to its website and is the sole owner of the information collected through this website is obtained, unless otherwise indicated. This information is Mobiliteitscenter not be sold, shared or rented to a third party in a manner other than as stated in this privacy statement. 11.2 Information from which the identity of an online visitor to the website of Mobiliteitscenter can be derived, is supplied voluntarily by the visitor. This information can Mobiliteitscenter (and all its subsidiaries and brands) are used with the aim of the visits to our sites easy and enjoyable as possible. In addition, this information may be used for analysis and the provision of information about the product portfolio of Mobiliteitscenter. The customer gives explicit permission for. Mobiliteitscenter is entitled information about a visitor in special cases public, when there is reason to believe that disclosing this information is necessary to identify, get in touch with or sue someone who intentionally or unintentionally the rights or property of Mobiliteitscenter, other users of its site, or others that damage may disrupt, harm, or it causes damage. Mobiliteitscenter is entitled to information about users are free to give when we believe in good faith that the law requires it. 11.3 Mobiliteitscenter collects non-personal information about our online visitors in order to the total number of visitors to the site can adopt, as well as the type of internet Browser and operating system. Personal data may, at the request of the online visitor will be removed as far as Mobiliteitscenter no disproportionate effort or costs.

Article 12. Intellectual property rights

12.1 Unless expressly agreed otherwise agreed, based the entire copyright and all other rights of intellectual and industrial property with respect to the Mobiliteitscenter goods or services, such as trademark rights, design rights, patent rights, sui generis database rights, etc., only at Mobiliteitscenter and/or its suppliers. 12.2 the Parties undertake sufficient measures to guarantee the confidentiality with regards to each other information of a confidential nature which they in the performance of the contract knowledge take.

Article 13. Applicable law

On all offers and agreements of Mobiliteitscenter Dutch law is exclusively applicable. The applicability of the Vienna sales Convention is expressly excluded.

Article 14. Disputes

14.1 The customer can ask for and/or complaints call Mobiliteitscenter's Customer service at the number 0411-685283, available from Monday t/m Friday from 8:00 to 17:00 hours. Complaints are usually handled within 30 days. If for some reason this is not possible, the customer will be informed of the vertraginsduur. 14.2 The customer has the opportunity to submit the dispute to an independent disputes committee. This may have been the Thuiswinkel disputes committee or a similar dispute, which is without prejudice to the right of the buyer to submit the dispute to a court of competent jurisdiction.