Article 1 – Definitions
For the means of these conditions:
- Time tothink: the period within which the consumer may benefit from his right of withdrawal;
- Consumer: the natural person who does not act in the pursuit of profession or business and enters into a distance contract with the MotorHome Centre of the Netherlands;
- Day: calendar day;
- Duration transactionmeans a distance agreement relating to a range of products and/or services, the supply and/or purchase obligation of which is spread over time;
- Sustainable data carrier: any means that enable the consumer or the CamperCentrum Netherlands to store information that is personally directed to him in a way that allows future consultation and unaltered reproduction of the stored information.
- ‘Right of withdrawal’means the possibility for the consumer to opt out of the distance contract within the cooling-off period;
- Model form: the model form for withdrawal madeavailable by the MotorHome Centre in the Netherlands which a consumer can fill out if he wishes to make use of his right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
- ‘Distance agreement’means an agreement whereby, under a system for distance selling of products and/or services organised by the MotorHome Centre in the Netherlands, one or more distance communication techniques are used exclusively until the conclusion of the contract;
- Technology for remote communication:means that can be used to conclude an agreement, without the consumer and the CamperCentrum Nederland having met simultaneously in the same room.
- Terms and conditions: the present General Terms and Conditions of the MotorHome Centre Netherlands.
Article 2 – Identity of the entrepreneur
Volkswagen Campercentrum Netherlands B.V. (registered name, possibly supplemented by trade name);
Phone number: +31334530882
Email address: firstname.lastname@example.org
KvK number: 32102073
VAT identification number: NL813360547B01
If the activity of the MotorHome Centre in the Netherlands is subject to a relevant licensing system: the
information on the supervisory authority:
If the MotorHome Centre of the Netherlands pursues a regulated profession:
– the professional association or organisation to which it is a member,
– the professional title, its place in the EU or the European Economic Area where it was awarded,
– a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules are accessible.
Article 3 – Applicability
- These terms and conditions apply to any offer made by the MotorHome Centre Netherlands and to any distance agreement and orders between the Campercentrum Nederland and the consumer.
- Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions can be seen at the MotorHome Centre in the Netherlands and they will be sent free of charge as soon as possible at the request of the consumer.
- By way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be notified by electronic means and that, at the consumer’s request, they will be transmitted free of charge or otherwise free of charge.
- In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutedly and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is most favourable to him.
- If one or more provisions in these terms and conditions are at any time wholly or partially annulled or destroyed, the agreement and these conditions will remain in place for the rest and the provision in question will be replaced without delay by a provision that approaches the scope of the original as far as possible.
- Situations not covered by these terms and conditions should be assessed ‘in the spirit’ of these terms and conditions.
- Ambiguities about the explanation or content of one or more terms of our terms and conditions should be explained ‘in the spirit’ of these terms and conditions.
Article 4 – The offer
- If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
- The offer is non-binding. The Campercentrum Nederland is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the CamperCentrum Nederland uses images, these are a true representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer do not bind the Campercentrum Nederland.
- All images, specifications details in the offer are indicative and cannot be grounds for damages or termination of the contract.
- Images accompanying products are a true representation of the products offered. The Campercentrum Nederland cannot guarantee that the colours displayed exactly match the real colours of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are linked to the acceptance of the offer. This concerns in particular:
o the price including taxes;
o any costs of dispatch;
(o) the manner in which the agreement will be concluded and what action is required;
(o) the application or non-application of the right of withdrawal;
(o) the method of payment, delivery and implementation of the agreement;
(o) the time limit for acceptance of the offer or the period within which the MotorHome Centre netherlands guarantees the price;
(o) the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
o whether the contract is archived after its conclusion and, if so, how it can be consulted for the consumer;
(o) the way in which, before the conclusion of the contract, the consumer can verify and, if so, recover the information he provides under the contract;
o any other languages in which, in addition to Dutch, the agreement may be concluded;
o the codes of conduct to which the Netherlands MotorHome Centre has been subjected and the way in which consumers can consult these codes of conduct by electronic means; and
o the minimum distance duration of the contract in the event of an expensive transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The Agreement
- The contract shall be concluded, subject to paragraph 4, at the time of the consumer’s acceptance of the offer and compliance with the conditions laid down there by it.
- If the consumer has accepted the offer by electronic means, the Camper Centre netherlands will immediately confirm the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the Campercentrum Netherlands, the consumer may terminate the contract.
- If the agreement is concluded electronically, the CamperCentrum Nederland will 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 Camper Centre netherlands will observe appropriate safety measures to this end.
- Within legal frameworks, the MotorHome Centre netherlands can inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible contract. If, on the basis of this investigation, the MotorHome Centre netherlands has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
- The Netherlands MotorHome Centre will send the following information to the consumer in the product or service provided to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:
A. the visiting address of the establishment of the MotorHome Centre in the Netherlands where the consumer can go with complaints;
(b) the conditions under which and the way in which the consumer may avaop the right of withdrawal or a clear notification concerning the exclusion of the right of withdrawal;
(c) information on guarantees and existing post-purchase service;
(d) the information provided for in Article 4(3) of these conditions, unless the Netherlands MotorHome Centre has already provided this information to the consumer prior to the performance of the contract;
(e) the requirements for termination of the contract if the contract is lasting more than one year or is of an indefinite period.
- In the case of an expensive transaction, the provision in the previous paragraph shall apply only to the first delivery.
- Any agreement shall be entered into under the conditions of suspensive availability of the products concerned.
Article 6 – Right of withdrawal
When supplying products:
- When purchasing products, the consumer has the option to terminate the contract without giving reasons for 14 days. This cooling-off period shall take place on the day after receipt of the product by the consumer or a representative previously appointed by the consumer and announced to the MotorHome Centre of the Netherlands.
- During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to that extent to the extent necessary to assess whether he wishes to retain the product. If he makes use of his right of withdrawal, he will return the product to the Netherlands in its original condition and packaging with all the accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the MotorHome Centre Netherlands.
- If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the MotorHome Centre in the Netherlands within 14 days, after receipt of the product. The consumer must make the information known by means of the model form. After the consumer has indicated that he wishes to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the items supplied have been returned in good time, for example by means of proof of dispatch.
- If, at the end of the time limits referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to use his right of withdrawal or has not returned the product to the MotorHome Centre in the Netherlands, the purchase is a fact.
In the case of provision of services:
- In the case of the provision of services, the consumer shall be able to terminate the contract without giving reasons for at least 14 days, starting on the day of entering into the contract.
- In order to make use of his right of withdrawal, the consumer will turn to the reasonable and clear instructions given by the MotorHome Centre in the Netherlands at the time of the offer and/or at the latest at the time of delivery.
Article 7 – Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of the return shall be borne at most.
- If the consumer has paid an amount, the CamperCentrum Nederland will refund this amount as soon as possible, but not later than 14 days after withdrawal. The condition is that the product has already been received back by the Campercentrum Nederland or conclusive proof of complete return can be submitted.
Article 8 – Right of withdrawal exclusion
- The MotorHome Centre of the Netherlands may exclude the consumer’s right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal shall apply only if it has clearly indicated this in the offer, at least in time for the conclusion of the contract.
- Exclusion from the right of withdrawal shall be possible only for products:
A. established by the Netherlands MotorHome Centre in accordance with consumer specifications;
b. which are clearly personal in nature;
(c) which cannot be returned by their very nature;
(d) which can quickly spoil or age;
(e) the price of which is linked to fluctuations in the financial market over which the MotorHome Centre netherlands has no influence;
f. for individual newspapers and magazines;
(g) for audio and video recordings and computer software whose consumer has broken the seal.
H. for hygienic products whose consumers have broken the seal.
Article 9 – The price
- During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, subject to price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the MotorHome Centre netherlands may offer products or services whose prices are linked to fluctuations in the financial market and which the MotorHome Centre netherlands has no influence on, with variable prices. This commitment to fluctuations and the fact that any prices quoted are target prices are indicated in the offer.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the MotorHome Centre Netherlands has negotiated this and:
A. are the result of legislation or provisions; Or
(b) the consumer has the power to terminate the contract from the day on which the price increase takes effect.
- The prices listed in the supply of products or services include VAT.
- All prices are subject to pressure – and typos. No liability is accepted for the consequences of pressure and typos. In case of printing and typos, the Campercentrum Nederland is not obliged to supply the product according to the incorrect price.
Article 10 – Conformity and Guarantee
- The MotorHome Centre netherlands shall ensure that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the MotorHome Centre netherlands also ensures that the product is suitable for other than normal use.
- Warranty provided by the MotorHome Centre Netherlands, manufacturer or importer does not affect the legal rights and claims that the consumer can assert under the agreement vis-ed against the MotorHome Centre netherlands.
- Any defects or mishandled products must be reported to the written within 5 days of delivery. The return of the products must be returned in its original packaging and in new condition.
- The warranty period of the MotorHome Centre Netherlands corresponds to the factory warranty period. However, the CamperCentrum Nederland is never responsible for the final suitability of the products for each individual application by the incusment, nor for any advice regarding the use or application of the products.
- The warranty shall not apply if:
o The consumer has repaired and/or processed the products supplied himself or has had them repaired and/or processed by third parties;
o The products supplied have been exposed to abnormal conditions or otherwise treated carelessly or are in breach of the instructions of the MotorHome Centre netherlands and/or have been treated on the packaging;
o The inequity is, in whole or in part, the result of rules which the government has or will impose as regards the nature or quality of the materials applied.
Article 11 – Delivery and execution
- The MotorHome Centre netherlands will take the utmost care when receiving and implementing orders of products and in assessing requests for services.
- The place of delivery shall be the address which the consumer has made known to the company.
- Subject to the terms and conditions set out in Article 4 of these terms and conditions, the company shall carry out accepted orders with skillful urgency but within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost and to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the Netherlands MotorHome Centre will refund the amount paid by the consumer as soon as possible, but not later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, the CamperCentrum Nederland will endeavour to make a replacement item available. At the latest at the time of delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of substitute articles, the right of withdrawal cannot be excluded. The costs of a possible return are at the expense of the Campercentrum Nederland.
- The risk of damage and/or disappearance of products rests with the CamperCentrum Netherlands until the time of delivery to the consumer or a representative who has been announced in advance and disclosed to the MotorHome Centre in the Netherlands, unless expressly otherwise agreed.
Article 12 – Duration transactions: duration, denunciation and renewal
- The consumer may terminate at any time an indefinite contract which is intended for the regular delivery of products (including electricity) or services, subject to the rules of notice agreed and a notice period of not more than one month.
- The consumer may terminate at any time by the end of the fixed period of time a fixed-term contract which is intended for the regular delivery of products (including electricity) or services, subject to the termination rules agreed for that purpose and a notice period of not more than one month.
- The consumer may:
(o terminate at all times and not be limited to denunciation at a given time or in a given period);
o at least denounce them in the same way that they were entered into by him;
o always cancel with the same notice period as the CamperCentrum Netherlands has negotiated for itself.
- An agreement entered into for a fixed period of time which covers the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a certain period of time.
- By way of derogation from the previous paragraph, an agreement which, for certain Time which is intended to ensure the regular delivery of daily news and weekly newspapers and periodicals shall be tacitly renewed for a period of up to three months if the consumer is entitled to terminate this extended contract by the end of the extension with a notice period of not more than one month.
- A fixed-term contract which is limited to the regular delivery of products or services may be extended for an indefinite period only if the consumer is allowed to terminate at any time with a period of notice of not more than one month and a period of notice of not more than three months in case the contract is extended to the regular but less than once per month , delivery of daily, news and weekly magazines and magazines.
- An agreement with a limited duration until the regular delivery of daily, news and weekly magazines and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introduction period.
- If an agreement has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a period of notice of not more than one month, unless reasonableness and fairness oppose denunciation before the end of the agreed duration.
Article 13 – Payment
- To the extent otherwise agreed, the amounts due by the consumer shall be paid within 7 working days of the expiry of the cooling-off period referred to in Article 6(1). In the case of a contract to provide a service, this period shall 31 after the consumer has received confirmation of the contract.
- The consumer has a duty to report inaccuracies in payment details provided or mentioned to the Netherlands MotorHome Centre without delay.
- In the event of a default by the consumer, the MotorHome Centre of the Netherlands has the right, subject to legal restrictions, to charge the reasonable costs previously disclosed to the consumer.
Article 14 – Complaints scheme
- The CamperCentrum Nederland has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the contract must be submitted in full and clear to the Netherlands MotorHome Centre within 7 days, after the consumer has identified the defects.
- Complaints submitted to the MotorHome Centre in the Netherlands are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the CamperCentrum Netherlands replies within the 14-day period with a message of receipt and an indication when the consumer can expect a more detailed response.
- If the complaint cannot be resolved by mutual agreement, a dispute arises which is open to the dispute settlement.
- A complaint does not suspend the obligations of the Campercentrum Nederland, unless the Campercentrum Netherlands indicates otherwise in writing.
- If a complaint is found to be justified by the Campercentrum Nederland, the Campercentrum Netherlands will replace or repair the products delivered free of charge.
Article 15 – Disputes
- Agreements between the MotorHome Centre in the Netherlands and the consumer to which these general terms and conditions relate are subject only to Dutch law. Even if the consumer is resident abroad.
- The Vienna Convention on Purchase does not apply.
Article 16 – Additional or derogatory provisions
Additional or different provisions may not be to the detriment of the consumer and should 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 medium.