Terms and Conditions

General Terms and Conditions Worldwide Exclusive Cars

E-mail:    info@worldwideexclusivecars.com
Website: https://worldwideexclusivecars.com/

Definitions

  1. Worldwide Exclusive Cars: Worldwide Exclusive Cars, established in the Netherlands, Chamber of Commerce no. 60239506.
  2. Customer: the party which Worldwide Exclusive Cars has entered into an agreement with
  3. Parties: Worldwide Exclusive Cars and customer together
  4. Consumer: a customer who is an individual action for private purposes

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Worldwide Exclusive Cars.
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions for the customer or of third parties.

Offers and quotations

  1. Offers and quotations from Worldwide Exclusive Cars are without engagement, unless expressly stated otherwise.
  2. An offer of quotation is valid for a maximum period of two weeks from its date, unless another acceptance period is stated in the offer or quotation.
  3. If the customer does not accept an offer within the applicable time frame, the offer or quotation will lapse.
  4. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.

Acceptance

  1. Upon acceptance of a quotation or offer without engagement, Worldwide Exclusive Cars reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer
  2. Verbal acceptance of the customer only commits Worldwide Exclusive Cars after the customer has confirmed this in writing (or electronically)

Prices

  1. All prices used by Worldwide Exclusive Cars are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, leviel and travel-, shipping-, of transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. Worldwide Exclusive Cars is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
  3. The parties agree on a total price for a service provided by Worldwide Exclusive Cars. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot tde deviated from.
  4. Worldwide Exclusive Cars, is entitled to deviate up to 10% of the target price.
  5. If the target price exceeds 10%, Worldwide Exclusive Cars must let the customer know in due time why a higher price is justified.
  6. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
  7. Worldwide Exclusive Cars have the right to adjust prices annually.
  8. Worldwide Exclusive Cars will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
  9. The consumer has the right to terminate the contract with Worldwide Exclusive Cars if he does not agree with the price increase.

Payments and payment term

  1. Worldwide Exclusive Cars may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
  2. The customer must have paid the full amount within 1 month, after delivery.
  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Worldwide Exclusive Cars having to send the customer a reminder or to put him in default.
  4. Worldwide Exclusive Cars reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
  5. Products are immediately paid for.

 

Consequences of late payment

  1. If the customer does not pay within the agreed term, Worldwide Exclusive Cars is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default. whereby a part of a month is counted for a whole month.
  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Worldwide Exclusive Cars.
  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
  4. If the customer does not pay on time, Worldwide Exclusive Cars may suspend its obligations until the customer has met his payment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Worldwide Exclusive Cars on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the performance of the agreement by Worldwide Exclusive Cars, he is still obliged to pay the agreed price to Worldwide Exclusive Cars.

Right of recovery of goods

  1. As soon as the customer is in default, Worldwide Exclusive Cars is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. Worldwide Exclusive Cars invokes the right of recovery by means of a written electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Worldwide Exclusive Cars, unless the parties agree to make other arrangements about this.
  4. The costs for the collection or return of the products are at the expense of the customer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

  1. Worldwide Exclusive Cars can appeal to this right of retention of title and in that case retain the products sold by Worldwide Exclusive Cars to the customer until the customer has paid all outstanding invoices with regard to Worldwide Exclusive Cars, unless the customer has provided sufficient security for these payments.
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Worldwide Exclusive Cars.
  3. Worldwide Exclusive Cars is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Worldwide Exclusive Cars with any claim on Worldwide Exclusive Cars.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Worldwide Exclusive Cars unless the parties have agreed upon otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer
  4. If the agreed price is not paid on time ,Worldwide Exclusive Cars has the right to suspend its obligations until the agreed price is fully paid.
  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Worldwide Exclusive Cars.

Actual delivery

The customer must ensure that the actual delivery of the product ordered by him can take place in time.

Transports costs

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Guarantee

  1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for Worldwide Exclusive Cars, not obligations of results.
  2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
  3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the case of the defect cannot clearly be established.
  4. The risk of loss, damage of theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Indemnity

The customer indemnifies Worldwide Exclusive Cars against all third-parties claims that are related to the products and/or services supplied by Worldwide Exclusive Cars.

Guarantee

  1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for Worldwide Exclusive Cars, not obligations of result.
  2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.

Intellectual property

  1. Worldwide Exclusive Cars retains all intellectual property rights on all designs, drawings, writings, data carriers or other information, quotations, images, unless parties have agreed otherwise in writing.
  2. The customer may not copy or have copied the intellectual property rights without prior written permission from Worldwide Exclusive Cars, nor show them to third parties and / or make them available for use in any other way.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation the agreement accordingly.

Transfer of rights

  1. Customers cannot transfer its rights deferring from an agreement with Worldwide Exclusive Cars to third parties without the prior written consent of Worldwide Exclusive Cars.
  2. The provision applies as a clause with a property law effect referred to in Section 3:83 (2) Dutch Civil Code.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.
  2. The Dutch court in the district where Worldwide Exclusive Cars is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.