General conditions

Article 1: General

These conditions apply to all offers, quotations and agreements between HEC Automotive (the “seller”) and the buyer, to the extent not otherwise agreed in writing. They also apply to agreements in which the seller engages third parties. The buyer’s conditions are expressly rejected, unless otherwise agreed.
If one or more provisions in these General Terms and Conditions become invalid, the remaining provisions shall remain in full force and effect. Seller and buyer will jointly agree on a new provision that corresponds as much as possible to the original intention.
If there is ambiguity regarding the interpretation of these terms and conditions, the interpretation will be given according to the intention of the provisions.

Article 2: Definitions.

In these Terms and Conditions, the following definitions shall apply:
– **Car**: A passenger car or similar van with a total weight not exceeding 3,500 kg.
– **Car to be purchased**: A car that the buyer sells to the seller under the contract.
– **Agreement**: The purchase agreement for a (used) car, parts or accessories.
– **Seller**: HEC Automotive, the party selling the car or parts.
– **Buyer**: The party buying the car or parts.
– **Guarantee**: The warranty provided by the manufacturer, importer or seller on the car or parts.

Article 3: Offer

The seller’s offer may be oral, written or electronic and is valid while the indicated period for acceptance is still running. If no deadline is indicated, the offer remains valid for two business days, provided the car has not already been sold.

Article 4: Agreement

An agreement must be in writing or electronically. The seller can provide a copy if desired. The absence of a written record does not invalidate the agreement. The agreement does not become final until approved by HEC Automotive management, usually within three business days of signing.

Article 5: Content of the Agreement.

At a minimum, the agreement will include:
– Description of the car and any car to be purchased, including accessories.
– Price of the car at the time of sale.
– Price of any car to be purchased.
– Any delivery costs, including warranty costs.
– The probable or set delivery date.
– Method of payment.

Article 6: Price Changes

Changes in government levies, such as taxes or duties, are reflected in the price of the cars.

Article 7: Down payment

A down payment reserves the car for the buyer, making it unavailable to other buyers. The down payment is not refunded if the buyer decides to abandon the purchase after signing the purchase agreement, unless it is unreasonable under the law.

Article 8: Risk

HEC Automotive shall bear the risk for the car until the time of delivery. The buyer shall bear the risk for the car to be purchased until it is actually delivered to the seller.

Article 9: Stabling costs

If the buyer fails to pick up the car within one month of the agreed upon delivery, HEC Automotive may charge a storage fee.

Article 10: Cancellation

The buyer may cancel the sales contract, but must reimburse, within one week, the damage from the cancellation, set at 15% of the purchase price. If the buyer does not pay within 10 days, HEC Automotive may demand that the buyer still fulfill the contract.

Article 11: Warranty

No warranty applies to used cars and parts unless otherwise agreed upon in the purchase contract. Warranty may be voided if the buyer handles the vehicle incompetently or makes unauthorized modifications.

Article 12: Payment

Payment must be made in advance or upon delivery of the car or parts via pin, cash or bank transfer. In case of non-payment, HEC Automotive may charge collection fees and interest.

Article 13: Retention of title

HEC Automotive remains the owner of the car until the buyer has properly fulfilled all obligations under the contract. The buyer may not pledge or otherwise encumber the delivered goods without the consent of HEC Automotive.

Article 14: Liability.

HEC Automotive is not liable for damages caused by incorrect or incomplete data provided by the buyer. If the seller is liable for damages, liability is limited to a maximum of the invoice value of the order in question.

Article 15: Force majeure

HEC Automotive is not obliged to fulfill the contract if force majeure occurs. This includes external causes such as strikes or other circumstances beyond the control of HEC Automotive.

Article 16: Deviations

Deviations from these Terms and Conditions are valid only if they are in writing by both parties.

Article 17: Applicable law and disputes.

All agreements with HEC Automotive is exclusively governed by Dutch law. Disputes shall be dealt with exclusively by the court in the area of HEC Automotive’s place of business.

Article 18: Location and modification of terms and conditions

The latest version of these General Terms and Conditions has been filed with the Chamber of Commerce. The Dutch text of the conditions is always decisive for interpretation.