general terms and conditions

The logistics behind our webshop are handled by OTOPARTS BV.

General Terms and Conditions of OTOPARTS (Chamber of Commerce number 27363483)

1. General

1.1 These general terms and conditions apply to all offers from OTOPARTS. The terms and conditions are accessible to everyone and are included on the OTOPARTS website. We will send you a written copy upon request.

1.2 By placing an order, you agree to the delivery and payment terms. OTOPARTS reserves the right to change its delivery and/or payment terms.

1.3 Unless otherwise agreed in writing, OTOPARTS does not recognize the general or specific terms or conditions of third parties.

1.4 OTOPARTS guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

2. Delivery

2.1 Delivery takes place while stocks last. 2.2 OTOPARTS will fulfill orders within at least 14 days. If this is not possible (because the ordered item is out of stock or no longer available), or if there is a delay for other reasons, or if an order cannot be fulfilled or can only be partially fulfilled, the buyer will receive notification within one week of placing the order and will then have the right to cancel the order without charge and without notice of default.

2.3 Unless the order confirmation states otherwise, delivery of goods will take place at the address specified by the buyer. Goods travel at the buyer's expense and risk. For international buyers, unless otherwise agreed, we deliver ex warehouse. We will handle export and import customs clearance, but this is at the buyer's expense.

2.4 Unless the buyer arranges their own forwarder, we will ship goods in the manner we deem most favorable, using forwarders of our choice, at the buyer's expense and risk. If a customer requests delivery of goods in a manner other than the usual method, we may charge the buyer for the associated costs.

2.5 OTOPARTS's delivery obligation will be fulfilled, unless proven otherwise, once the goods delivered by OTOPARTS have been offered to the customer once. In the case of home delivery, the carrier's report, including the refusal of acceptance, serves as full proof of the offer to deliver.

2.6 All delivery times stated on the website are indicative. Therefore, no rights can be derived from these delivery times.

3. Prices

3.1 Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.

3.2 All prices on the website are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.

3.3 All prices on the website are in euros and include 21% VAT. Shipping costs, any assembly costs, and other costs are listed separately.

4. Inspection Period / Right of Withdrawal

4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within 14 days without giving a reason. This period begins when the ordered goods are delivered. If the buyer has not returned the delivered goods to OTOPARTS after this period, the purchase is final. Before returning the goods, the buyer is required to notify OTOPARTS in writing within 14 days of delivery. The buyer must prove that the delivered goods were returned on time, for example, by providing proof of postal delivery. Returned goods must be in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered, or damaged in any way by the buyer, the right of withdrawal as defined in this section shall lapse. Subject to the provisions of the previous sentence, OTOPARTS will ensure that the full purchase price, including the calculated shipping costs, is refunded to the buyer within 30 days of receipt of the return shipment. The return of delivered goods is entirely at the buyer's expense and risk.

4.2 The right of withdrawal, as described in the previous section, applies only to the delivered goods and will in no case apply to services, such as installation by third parties. The general terms and conditions of the aforementioned company apply to the latter services, in which OTOPARTS acts only as an intermediary or agent.

4.3 The right of withdrawal does not apply to:

· services whose performance, with the buyer's consent, began before the seven-week period days;

· goods that have been manufactured according to the customer's specifications, such as custom work, or that have a clearly personalized character;

· for goods or services that cannot be returned due to their nature.

5. Data Management

5.1 If you place an order with OTOPARTS, your information will be included in the OTOPARTS customer database. OTOPARTS complies with the Personal Data Protection Act and will not provide your information to third parties.

5.2 OTOPARTS respects the privacy of website users and ensures that your personal information is treated confidentially.

5.3 In some cases, OTOPARTS uses a mailing list. Each mailing contains instructions for removing yourself from this list.

6. Warranty

6.1 OTOPARTS guarantees that the products it supplies meet the requirements of usability, reliability, and durability as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty for the product delivered to you.

6.2 The OTOPARTS warranty period corresponds to the manufacturer's warranty period. However, OTOPARTS is never responsible for the ultimate suitability of the products for each individual application by the purchaser, nor for any advice regarding the use or application of the products.

6.3 The purchaser is obligated to inspect the delivered products within 24 hours of receipt. If the delivered product appears to be incorrect, defective, or incomplete, the purchaser must immediately report these defects to OTOPARTS in writing (before returning them to OTOPARTS). Any defects or incorrectly delivered goods must and can be reported to OTOPARTS in writing no later than 5 days after delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Use after discovery of a defect, damage occurring after discovery of a defect, encumberment and/or resale after discovery of a defect, fully voids the right to complain and return.

6.4 If OTOPARTS finds the customer's complaints to be justified, OTOPARTS will, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, with the understanding that OTOPARTS's liability and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at OTOPARTS's discretion) to the maximum amount covered by OTOPARTS's liability insurance in the relevant case. OTOPARTS accepts no liability for any other form of damage, including additional compensation in any form whatsoever, compensation for indirect or consequential damage, or damage due to lost profits. 6.5 This warranty does not apply if: A) and as long as the customer is in default towards OTOPARTS; B) the customer has repaired and/or modified the delivered goods themselves or has had them repaired and/or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of OTOPARTS and/or the instructions for use on the packaging. D) the defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used. E) there is assembly by third parties. If assembly is carried out by third parties, the general terms and conditions of the company in question will apply.

7. Offers

7.1 Offers are non-binding, unless otherwise stated in the offer.

7.2 If the customer accepts a non-binding offer, OTOPARTS reserves the right to revoke or deviate from the offer within 2 business days of receipt of that acceptance. 7.3 Verbal commitments are only binding on OTOPARTS after they have been expressly confirmed in writing.

7.4 OTOPARTS's offers do not automatically apply to repeat orders.

7.5 OTOPARTS cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious error or typographical error.

7.6 Additions, amendments, and/or further agreements are only valid if agreed upon in writing.

8. Agreement

8.1 An agreement between OTOPARTS and a customer is concluded after OTOPARTS has assessed the feasibility of an order.

8.2 OTOPARTS reserves the right to refuse orders or assignments without stating reasons, or to accept them only on the condition that shipment is made cash on delivery or after advance payment.

9 Images and Specifications

9.1 All images, photos, drawings, etc., including data regarding weights, dimensions, colors, images of labels, etc., on the OTOPARTS website are approximate only, are indicative, and cannot give rise to compensation or termination of the agreement.

10. Force Majeure

10.1 OTOPARTS is not liable if and to the extent that its obligations cannot be fulfilled due to force majeure.

10.2 Force majeure means any external cause, as well as any circumstance that cannot reasonably be considered its risk. Delays or non-performance by our suppliers, internet disruptions, power outages, email disruptions, and disruptions or changes to technology provided by third parties, transportation difficulties, strikes, government measures, supply delays, negligence by OTOPARTS suppliers and/or manufacturers, as well as by their assistants, employee illness, and defects in auxiliary equipment or means of transport are expressly considered force majeure.

10.3 In the event of force majeure, OTOPARTS reserves the right to suspend its obligations and is also entitled to terminate the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that performance remains possible. Under no circumstances is OTOPARTS obligated to pay any fine or compensation. 10.4 If, upon the commencement of the force majeure event, OTOPARTS has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the part that can be delivered, and the customer is obligated to pay this invoice as if it were a separate contract. This does not apply, however, if the part already delivered or the part that can be delivered has no independent value.

11. Liability

11.1 Only if the warranty obligations regarding the goods delivered by OTOPARTS have not been assumed by third parties (such as manufacturers) can the customer make (warranty) claims against us.

In that case, our liability is limited to a period of 6 months after the date of receipt of the goods by the customer and the defects are the result of manufacturing and material defects.

11.2 OTOPARTS is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.

12. Retention of Title

12.1 Ownership of all goods sold and delivered by OTOPARTS to the buyer remains with OTOPARTS as long as the buyer has not paid OTOPARTS's claims under the agreement or previous or subsequent similar agreements, as long as the buyer has not paid for the work performed or yet to be performed under this or similar agreements, and as long as the buyer has not paid OTOPARTS's claims for failure to fulfill such obligations, including claims for fines, interest, and costs, all as referred to in Article 3:92 of the Dutch Civil Code.

12.2 The goods delivered by OTOPARTS subject to the retention of title may only be resold in the course of normal business operations and may never be used as a means of payment.

12.3 The buyer is not authorized to pledge or otherwise encumber the goods subject to the retention of title. 12.4 The buyer hereby unconditionally and irrevocably consents to OTOPARTS or a third party appointed by OTOPARTS, in all cases in which OTOPARTS wishes to exercise its ownership rights, to enter all locations where its property is located and to remove such items.

12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the buyer is obligated to inform OTOPARTS as soon as reasonably possible.

12.6 The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion, and water damage, as well as against theft, and to make the insurance policy available for inspection to OTOPARTS upon first request.

13. Applicable law/competent court

13.1 All agreements are governed by Dutch law. 13.2 Disputes arising from an agreement between OTOPARTS and the buyer that cannot be resolved by mutual agreement will be heard by the competent court within the district of The Hague, unless OTOPARTS prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court.