What are your terms and conditions?

General terms and conditions for consumers (B2C)
version October 2023 v1.0

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the Business
Article 3 - Applicability
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 costs thereof
Article 9 - Obligations of the trader in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance, warranty and warranty scheme and additional warranty
Article 13 - Delivery and performance
Article 14 - Exclusion of the Entrepreneur's liability
Article 15 - Continuing performance contracts: duration, termination and renewal
Article 16 - Payment
Article 17 - Complaints procedure
Article 18 - Disputes
Article 19 - Industry guarantee
Article 20 - Additional or deviating provisions
Article 21 - Amendments to the Thuiswinkel.org General Terms and Conditions
Appendix I: Model withdrawal form

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement whereby the Consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or by a third party on the basis of an agreement between that third party and the Entrepreneur; 
Cooling-off period: the period during which the Consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form; 
Continuing performance contract: a contract for the regular delivery of goods, services and/or digital content during a specified period;
Durable data carrier: any tool – including e-mail – that enables the Consumer or Entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period of time that is appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the Consumer to withdraw from the distance contract within the cooling-off period;
Trader: the legal entity, affiliated as a member of Thuiswinkel.org, which offers products, (access to) digital content and/or services to consumers at a distance; Distance contract: a contract concluded between the Entrepreneur and the Consumer within the framework of an organised system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions; Appendix I does not need to be made available if the Consumer does not have a right of withdrawal in respect of his order;
Means of distance communication: a means that can be used to conclude an agreement without the Consumer and the Business having to be in the same place at the same time.

Article 2 - Identity of the trader

Name of the Entrepreneur: WP B.V.
Trading under the trade name: Winparts

Business and visiting address
Winschoterdiep 70
9723 AB Groningen
The Netherlands

Telephone number: +31 85 070 52 00

Email: [email protected]

Availability: Monday to Friday from 9 a.m. to 9 p.m.
Saturday from 9 a.m. to 5 p.m.

Chamber of Commerce number: 55365183
VAT number: NL8516.72.012.B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the Trader and to every distance contract concluded between the Trader and the consumer.
Prior to the conclusion of a distance contract, 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 the general terms and conditions can be viewed at the Trader's premises and that they will be sent free of charge, as soon as possible, at the Consumer's request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the Consumer electronically in such a way that it can be easily stored by the Consumer on a durable data carrier. If this is not reasonably possible, will indicate, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the Consumer's request. 
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the Consumer may always invoke the applicable provision that is most favourable to him.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. 
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. If the Entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the Trader.
Every offer contains such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

Article 5 - The contract

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the Consumer accepts the offer and meets the conditions set out therein.
If the Consumer has accepted the offer electronically, the Trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Trader, the Consumer can terminate the agreement.
If the agreement is concluded electronically, the Trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the Consumer can pay electronically, the Trader shall take appropriate security measures.
The Trader may, within legal frameworks, inform himself whether the Consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the Trader has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution. 
The Trader shall, at the latest upon delivery of the product, service or digital content to the consumer, provide the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the Trader's establishment where the Consumer can submit complaints;
the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
if the Consumer has a right of withdrawal, the model withdrawal form.

Article 6 - Right of withdrawal

For products:

The Consumer may terminate a contract relating to the purchase of a product during a cooling-off period of 14 days without giving reasons. The Trader may ask the Consumer for the reason for withdrawal, but may not oblige the Consumer to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the Consumer, or a third party designated by the Consumer in advance, who is not the carrier, has received 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 him, has received the last product. The Entrepreneur may, provided he has clearly informed the Consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the Consumer, or a third party designated by him, received the last shipment or the last part;
in the case of contracts for the regular delivery of products during a certain period: the day on which the Consumer, or a third party designated by him, has received the first product.

For services and digital content that are not delivered on a tangible medium:

The Consumer may terminate a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium within 14 days without giving reasons. The Entrepreneur may ask the Consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not delivered on a tangible medium in the absence of information about the right of withdrawal:

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 expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the Entrepreneur has provided the Consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the Consumer received that information.

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

During the cooling-off period, the Consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the Consumer may only handle and inspect the product as he would be allowed to do in a shop.
The Consumer is only liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
The Consumer is not liable for any reduction in the value of the product if the Business has not provided him with all the legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercise of the right of withdrawal by the Consumer and costs thereof

If the Consumer exercises his right of withdrawal, he shall notify the Entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer shall return the product or hand it over to (an authorised representative of) the Entrepreneur. This is not necessary if the Entrepreneur has offered to collect the product himself. The Consumer will in any case have observed the return period if he returns the product before the cooling-off period has expired. 
The Consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur. 
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
The Consumer shall bear the direct costs of returning the product. If the trader has not indicated that the Consumer must bear these costs or if the trader indicates that it will bear the costs itself, the Consumer does not have to bear the costs of returning the product.
If the Consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity that is not ready for sale in a limited volume or specific quantity during the cooling-off period, the Consumer shall owe the Entrepreneur an amount proportional to that part of the agreement that has been fulfilled by the Entrepreneur at the time of withdrawal, compared to the full fulfilment of the agreement.
The Consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:

he has not expressly agreed prior to delivery to commence performance of the contract before the end of the cooling-off period;
he has not acknowledged that he will lose his right of withdrawal when giving his consent; or
the trader has failed to confirm this statement by the consumer.

8. If the Consumer exercises his right of withdrawal, any additional agreements shall be dissolved by operation of law.

Article 9 - Obligations of the Entrepreneur in the event of withdrawal

If the trader enables the consumer to notify him of the withdrawal electronically, he shall send a confirmation of receipt without delay upon receipt of this notification.
The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
The trader shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.
If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract:

Products or services whose price is dependent on fluctuations in the financial market over which the Entrepreneur has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the trader to consumers who are physically present or have the opportunity to be physically present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
- the performance has commenced with the Consumer's express prior consent; and
- the Consumer has declared that he loses his right of withdrawal as soon as the Entrepreneur has fully performed the agreement;
Package holidays as referred to in Article 7:500 if the Dutch Civil Code and passenger transport agreements; 
Service agreements for the provision of accomodation, if the Agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services en catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
Products manufactured according to the Cosumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the Consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or gygiene and whose seal has been broken after delivery;
Products that, by their nature, have been irrevocably mixed with other products after delivery;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Books sealed in foil, the seal of which has been broken after delivery;
The delivery of digital content other than on a tangible medium, but only if:
- the performance has begun with the Consumer's express prior consent; and
- the consumer has declared that he thereby loses his right of withdrawal.
Software products can only be returned if the seal has not been broken.

Article 11 - The price

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.
Contrary to the previous paragraph, the Trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the Trader has no control at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
Prices increases within 3 months after the conclusion of the agreement are only permitted if ther are the result if statutory regulations or provisions.
Prices increases from 3 months after the conclusion of the agreement are only permitted if the Trader has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services incluse VAT.

Article 12 - Fulfilment of the agreement, warranty scheme and additional warranty

The Trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the Trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the Consumer can assert against the Trader on the basis of the agreement if the Entrepreneur has failed to fulfil its part of the agreement.
Additional warranty means any commitment by the Trader, its supplier, importer or manufacturer in which it grants the Consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

Article 13 - Delivery and performance

The Entrepreneur shall exercise the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address that the Consumer has made known to the Trader.
With due observance of what is stated in Article 4 of these general terms and conditions, the Entrepreneur will execute accepted orders with due speed, but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Consumer will be notified of this no later than 30 days after placing the order. In that case, the Consumer has the right to terminate the agreement without costs and is entitled to compensation.
After termination in accordance with the previous paragraph, the Entrepreneur shall immediately refund the amount paid by the Consumer
The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a representative designated in advance and announced to the Entrepreneur, unless expressly agreed otherwise.

Article 14 - Exclusion of liability of the Entrepreneur

The liability of the Entrepreneur extends to the repair or replacement of defects in products delivered by the Entrepreneur that cannot be attributed to the Consumer.
Under no circumstances shall the Entrepreneur be liable for direct damage, incidental damage and/or consequential damage resulting from the Consumer's own actions, such as the assembly or use of materials and/or products delivered by the Entrepreneur, and damage caused by wear and tear of the product itself or of the product causing damage to the device or vehicle in which the product has been installed by the Consumer.

Article 15 - Long-term transactions: duration, termination and renewal

Termination:

The Consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
he consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products or services at any time at the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month.
Consumers may terminate the agreements referred to in the previous paragraphs:
- terminate at any time and not be restricted to termination at a specific time or during a specific period;
- terminate at least in the same manner as ther were entered into by them;
- always terminate with the same notice period as the Entrepeneur has stipulated for himself.

Renewal:

An agreement entered into for a fixed term and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily, weekly and monthly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the Consumer can terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.
A contract entered into for a fixed term and covering the regular delivery of products or services may only be tacitly renewed for an indefinite period if the Consumer may terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months in the case of an agreement for the regular delivery of daily, news and weekly newspapers and magazines, but less than once a month.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the Consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 16 - Payment

Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the Consumer must be paid within 7 days of the conclusion of the agreement.
When selling products to consumers, the Consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the Consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
The Consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the Entrepreneur.
If the Consumer fails to meet his payment obligation(s) on time, after the Entrepreneur has notified him of the late payment and the Entrepreneur has granted the Consumer a period of 14 days to still meet his payment obligations, the Consumer will owe statutory interest on the outstanding amount after the expiry of this 14-day-term, the Consumer will owe statutory interest on the amount still due and the Entrepreneur will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs will amount to a maximum of: 15% on outstanding amounts up to € 2.500,-; 10% on the next €2.500,- and 5% on the next €5.000,-, with a minimum of €40,-. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Consumer.

Article 17 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure. See: https://www.winparts.eu/faq.
Complaints about the performance of the agreement must be submitted to the Entrepreneur in full and clearly described within a reasonable time after the Consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service or the service of the Entrepreneur can also be submitted via a complaint form on the Consumer Page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to both the relevant Entrepreneur and Thuiswinkel.org.
The Consumer must in any case give the Entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
The Consumer must in any case give the Entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 18 – Disputes

Agreements between the Business and the Consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Disputes between the Consumer and the Business regarding the conclusion or performance of agreements relating to products and services to be delivered or delivered by this Business may, with due observance of the provisions below, be submitted by both the Consumer and the Business to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute will only be dealt with by the Disputes Committee if the Consumer has first submitted his complaint to the Business within a reasonable period of time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the Consumer submitted the complaint to the Business.
If the Consumer wishes to submit a dispute to the Disputes Committee, the Entrepreneur is bound by this choice. The Consumer is advised to first report this to the Entrepreneur.
If the Business wishes to submit a dispute to the Disputes Committee, the Consumer must, within five weeks of a written request to that effect from the Business, state in writing whether he also wishes to do so or whether he wishes to have the dispute dealt with by the competent court. If the Consumer does not inform the Business of their choice within the five-week period, the Business is entitled to submit the dispute to the competent court. 
The Disputes Committee will rule under the conditions set out in the Disputes Committee's regulations (www.degeschillencommissie.nl/over-ons/de-commissie... The decisions of the Disputes Committee are binding.
The Disputes Committee will not handle a dispute or will discontinue handling it if the Entrepreneur has been granted a moratorium on payments, has gone bankrupt or has actually ceased its business activities before a dispute has been heard by the committee and a final decision has been made.
If, in addition to the Thuiswinkel Disputes Committee, another recognised disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee will preferably be competent for disputes concerning primarily the method of distance selling or service provision. For all other disputes, the other recognised disputes committee affiliated with the SGC or Kifid shall be competent.

Article 19 - Industry guarantee

Thuiswinkel.org guarantees that its members will comply with the binding recommendations of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding recommendation to the court for review within two months of its dispatch. This guarantee will be reinstated if the binding advice remains in force after review by the court and the judgment confirming this has become final. Thuiswinkel.org will pay this amount to the Consumer up to a maximum of €10.000,- per binding advice. For amounts exceeding €10.000,- per binding opinion, €10.000,- will be paid out. For the excess amount, Thuiswinkel.org has a best efforts obligation to ensure that the member complies with the binding opinion.
In order for this guarantee to apply, the Consumer must submit a written appeal to Thuiswinkel.org and transfer his claim against the Business to Thuiswinkel.org. If the claim against the Entrepreneur exceeds €10.000,-, the Consumer will be offered the opportunity to transfer the part of their claim that exceeds €10.000,- to Thuiswinkel.org, after which this organisation will, in its own name and at its own expense, seek payment in court in order to satisfy the Consumer.

Article 20 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the Consumer and must be laid down in writing or in such a way that they can be stored by the Consumer in an accessible manner on a durable data carrier.

Article 21 - Amendments to the General Terms and Conditions

Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision most favourable to the Consumer shall prevail.

Appendix I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

To: [ name of trader]
[geographical address of trader]

[business fax number, if available]

[e-mail address or electronic address of the trader]
I/We hereby inform you that I/we* wish to cancel our agreement concerning the sale of the following products: [product description]*

the delivery of the following digital content: [description of digital content]*

the performance of the following service: [description of service]*,

with effect from [date of cancellation]
Ordered on*/received on* [date of order for services or date of receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)

* Delete as appropriate or fill in as applicable.

General terms and conditions B2B
version October 2023 v.1.0

Table of contents:
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - The price
Article 7 - Fulfilment and additional guarantee
Article 8 - Delivery and performance
Article 9 - Exclusion of liability
Article 10 - Long-term transactions: duration, termination and renewal
Article 11 - Payment
Article 12 - Complaints procedure
Article 13 - Disputes
Article 14 - Amendments to the General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement whereby the Customer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or by a third party on the basis of an agreement between that third party and the Entrepreneur;
Cooling-off period: the period during which the Customer can exercise their right of withdrawal;
Customer: the natural person or legal entity acting for purposes related to its trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuous performance contract: a contract for the regular delivery of goods, services and/or digital content during a specified period;
Durable data carrier: any tool – including email – that enables the Customer or Entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Entrepreneur: the legal entity that offers products, (access to) digital content and/or services to the Customer from a distance;
Distance contract: a contract concluded between the Entrepreneur and the Customer within the framework of an organised system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that can be used to conclude an agreement without the Customer and the Entrepreneur having to be in the same place at the same time.

Article 2 - Identity of the Entrepreneur

Name of the Entrepreneur: WP B.V.
Trading under the trade name: Winparts

Business address and visiting address
Winschoterdiep 70
9723 AB Groningen
The Netherlands

Telephone number: +31 85 070 52 00
Email: [email protected]

Availability: Monday to Friday from 9 a.m. to 9 p.m.
Saturday from 9 a.m. to 17 p.m.

Chamber of Commerce number: 55365183
VAT number: NL8516.72.012.B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the Entrepreneur and to every distance contract concluded between the Entrepreneur and the Customer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Customer. If this is not reasonably possible, the Entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the Entrepreneur's premises and that they will be sent free of charge as soon as possible at the Customer's request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the Customer electronically in such a way that it can be easily stored by the Customer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the Customer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the Customer may always invoke the applicable provision that is most favourable to him.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the Customer to make a proper assessment of the offer. If the Entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the Entrepreneur.
Each offer contains such information that it is clear to the Customer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the Customer accepts the offer and meets the conditions set out therein.    
If the Customer has accepted the offer electronically, the Entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Customer may terminate the agreement.
If the agreement is concluded electronically, the Entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the Customer can pay electronically, the Entrepreneur shall take appropriate security measures to this end.    
Within legal frameworks, the Entrepreneur may inform itself whether the Customer is able to meet its payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the Entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.    
No later than upon delivery of the product, service or digital content to the Customer, the Entrepreneur shall provide the following information in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable data carrier:
- the visiting address of the Entrepeneur's establishment where the Customer can submit complaints;
- information about guarantees and existing after-sales service;
- the price including all taxed of the product, service or digital content; where applicable, the delivery costs; 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 is of indefinite duration;
- subject to the provisions of paragraph 4, the contract is concluded at the moment the Customer accepts the offer and meets the conditions set out therein.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 - The price

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.
Contrary to the previous paragraph, the Entrepeneur may offer products or services whose prices are subjes to fluctuations in the financial market and over which the Entrepeneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
Prices increases within 3 months after the conclusion of the agreement are only permitted if ther are the result of statutoy regulations provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the Entrepeneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the Customer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 7 - Fulfilment of the agreement and additional guarantee

The Entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
An additional guarantee provided by the Entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the Customer can assert against the Entrepreneur on the basis of the agreement if the Entrepreneur has failed to fulfil its part of the agreement.
An additional warranty is understood to mean any commitment by the Entrepreneur, its supplier, importer or manufacturer in which it grants the Customer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

Article 8 - Delivery and performance

The Entrepreneur shall exercise the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery shall be the address that the Customer has made known to the Entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the Entrepreneur will execute accepted orders with due speed, but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Customer will be notified of this no later than 30 days after placing the order. In that case, the Customer has the right to terminate the agreement without costs and is entitled to any compensation.
After termination in accordance with the previous paragraph, the Entrepreneur will immediately refund the amount paid by the Customer.
The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Customer or a representative designated in advance and announced to the Entrepreneur, unless expressly agreed otherwise.

Article 9 - Exclusion of liability

The Entrepreneur's liability extends to the repair or replacement of defects in products delivered by the Entrepreneur that cannot be attributed to the Customer/Consumer.
Under no circumstances shall the Entrepreneur be liable for direct damage, incidental damage and/or consequential damage resulting from the Customer's own actions, such as the assembly or use of materials and/or products delivered by the Entrepreneur, and damage caused by wear and tear of the product itself or of the product causing damage to the device or vehicle in which the product has been installed by the Customer.

Article 10 - Long-term transactions: duration, termination and renewal

Termination:

The Customer may terminate an agreement that has been entered into for an indefinite period and extends to the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The Customer may terminate an agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more thans one month.
The Customer may terminate the agreements referred to in the previous paragraphs:
- terminate at any time and not be limited to termination at a specific time or during a specific period;
- terminate at least in the same manner as they were entered into by him;
- always terminate with the same notice period as the Entrepeneur has stipulated for himself.

Renewal:

An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the Customer can terminate this extended agreement at the end of the extension with a notice period of no more than one month..
An agreement entered into for a fixed term and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the Customer may terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months in the event that the agreement covers the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall automatically end after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the Customer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed duration.

Article 11 – Payment

Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the Customer must be paid within 7 days of the conclusion of the agreement.
When selling products to Customers, the Customer may never be obliged in the general terms and conditions to pay more than 100% in advance. If advance payment has been stipulated, the Customer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
The Customer is obliged to immediately report any inaccuracies in the payment details provided or stated to the Entrepreneur.
If the Customer fails to meet his payment obligation(s) on time, after the Entrepreneur has notified him of the late payment and the Entrepreneur has granted the Customer a period of 14 days to still meet his payment obligations, the Customer will owe statutory interest on the outstanding amount after the expiry of this 14-day-term, the Customer will owe statutory interest on the amount still due and the Entrepreneur will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500,-; 10% on the next €2.500,- and 5% on the next €5.000,-, with a minimum of €40,-. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Customer.

Article 12 - Complaints procedure

The Entrepreneur has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the Entrepreneur in full and clearly described within a reasonable time after the Customer has discovered the defects.
Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the Customer can expect a more detailed answer.
The Customer must in any case give the Entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 13 – Applicable law and choice of forum

All agreements between the Entrepreneur and the Customer to which these general terms and conditions apply are governed by Dutch law.
Disputes between the Customer and the Entrepreneur about the conclusion or performance of agreements relating to products and services to be delivered or delivered by this Entrepreneur will be submitted exclusively to the competent court within the district of North Netherlands, location Groningen.

Article 14 – Amendment of general terms and conditions

The Entrepreneur may unilaterally amend its general terms and conditions annually or on the basis of unforeseen circumstances.

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