Article 1 – General information and applicability general terms and conditions
1. Automotive Software & Parts Development B.V., hereinafter to be referred to as “NOx Sensorshop”, which is a trade name of the company, is registered with the Chamber of Commerce of The Netherlands with number 78568749.
2. NOx Sensorshop sells replacement car parts for a diversity of brands (“products”) to dealerships and consumers (“client”). A client that is a legal entity and/or a person who does not purchase in private, but in relation to its business activities (like dealerships, occupation, trade, craft or other professional activities) and/or a client that wishes to buy and/or ship a product outside the European Union, will also be referred to as “non-consumer”.
3. These terms and conditions apply to all offers, deliveries and/or services of NOx Sensorshop and/or all NOx Sensorshop agreements, including agreements concluded over the internet, and all agreements with dealerships and consumers abroad (not the Netherlands) for which NOx Sensorshop may engages third parties in their execution.
4. Different provisions of these terms and conditions are only valid if they have been agreed on in advance and in writing by NOx Sensorshop. Prior to the conclusion of the final agreement, and/or entering into the final contract, the other party/client must be aware of these conditions set out by NOx Sensorshop and he/she accepts these conditions.
5. NOx Sensorshop does not accept terms and conditions of any other party/client, unless expressly agreed on in writing. In case the other party refers to its own terms and conditions and states them as applicable, the parties must agree, by accepting these conditions of NOx Sensorshop, that NOx Sensorshop is not bound by the conditions of the other party.
6. NOx Sensorshop has the right to change these general conditions. Changes will be made known through the website www.noxsensorshop.nl and directly to the other party where necessary and possible. The amendments shall take effect on the date of publication or on such date as specified in the notice.
Article 2 – Offers, information and concluding the agreement
1. All offers, tenders and quotations of NOx Sensorshop are without obligation and will remain valid for 14 days.
2. The agreement with NOx Sensorshop is established after both parties have given their agreement either by writing or electronically.
3. NOx Sensorshop is not required to accept a portion or part of the offer, tender or quotation.
4. Optionally, appointments, promises and/or changes in the (offered) agreement made after confirmation of the assignment, are only binding if agreed on in writing between the parties.
5. All prices, brochures and information provided in the offer or website are compiled as carefully as possible. Should any mistakes in the provided data come to light afterwards, NOx Sensorshop is entitled to correct these mistakes without any liabilities. The use of that information by the other party/client, other than in the context of the agreement, is permitted only with prior written permission of NOx Sensorshop.
6. NOx Sensorshop is entitled to refuse orders and/or not deliver the requested product.
7. All brochures/price lists submitted with the offer or website and all issued and shown material and images and/or other data, remain the exclusive property of NOx Sensorshop. Using the above data, other than in the context of the agreement, by the other party is only permitted with the prior written consent of NOx Sensorshop.
Article 3 – Prices, payment and Costs
1. The quoted prices are always given in euros including VAT and excluding packing-, shipping-, import/export-and other legal fees and/or taxes. If a client is located outside the Netherlands and/or EU, he accepts the risk of extra fees and taxes.
2. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts must be settled within 14 days after the period of reflection as mentioned in article 5, or if there is no period of reflection within 14 days after concluding the agreement. Non-consumers shall pay immediately when ordering.
3. NOx Sensorshop is permitted to negotiate an advance payment of a maximum of 50%. If an advance payment has been agreed, the client may not assert any right regarding the execution of the order in question before making the agreed advance payment.
4. The client has the duty to inform NOx Sensorshop promptly of possible inaccuracies in the payment details that were given or specified.
5. In case the client has not complied with his payment obligation(s) in time, and (if client is not a non-consumer) NOx Sensorshop has pointed out to him that the payment was late and allowed the client a period of 14 days to comply with the payment obligations, the client is to pay the statutory interest on the amount payable and NOx Sensorshop is entitled to charge the client with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40.
Article 4. Delivery and transportation
1. Specified (delivery) terms are not considered to be strict deadlines, unless this has been expressly agreed in writing. If the estimated delivery term is not adhered to, client is obliged to give NOx Sensorshop another opportunity to deliver. The additional delivery term is never longer than the original delivery term and is a maximum of one month.
2. Delivery to the client shall take place in the manner indicated by NOx Sensorshop during the purchase process and at the address indicated by the client during the conclusion of the agreement. If the delivery is delayed by circumstances that are attributable to the client (for example, the absence of the client or their representative at the time of delivery) then the delivery term is extended.
3. Responsibility for the delivered products passes to the client at the moment of delivery.
4. If the client refuses a delivery, NOx Sensorshop may charge the resulting costs to client, unless the delivered product is defective. In addition, in the event of refusal, NOx Sensorshop is entitled to terminate the contract, without prejudice to its right to claim full compensation.
5. If, on delivery, damage to the goods delivered is found to have occurred, the client shall inform NOx Sensorshop. Client must report any visible damage to NOx Sensorshop within two working days at the latest. If NOx Sensorshop has not received notification of any other (non-visible) damage within fourteen days of delivery, it will be assumed that the products have been delivered undamaged.
Article 5 – Right of withdrawal / cooling-off period
A client, with the exception of B2B purchases, is allowed to cancel the agreement for the online purchase of products during a period of 14 days after receipt of the products, without indication of a reason. Cancellation is done with a completed return form or the standard withdrawal form to return a item.
2. If client exercise the right of withdrawal, only the returning costs are at client´s expense.
3. Client may unpack the products during the cooling-off period to see if he likes the product. Take note that – if client wants to return the product – the product should remain clean and undamaged and the packaging must be in good condition. Client is liable for any depreciation of the product that is the result of a way of handling the product that goes beyond that which is allowed in this paragraph.
4. NOx Sensorshop will send client clear instructions and/or will inform him on how the return should take place. The product must be returned with everything that was delivered with it, in the original box and other packaging, and of course in clean and undamaged condition.
5. NOx Sensorshop uses the same payment method that client has used for your payment, for the repayment. NOx Sensorshop will return the costs as soon as possible, within not more than 14 days after the withdrawal. However, under the condition that the product has been received by NOx Sensorshop or conclusive evidence of a complete return can be provided.
Article 6 – Complaints
1. Complaints relating to the products should be made known to NOx Sensorshop within a 14 days period after reception of the products. In the event that the defect could not reasonably be discovered within this period, client must so notify NOx Sensorshop in writing from the time the defect is reasonably supposed to have been known. Any complaint must be made to NOx Sensorshop within 6 months after the delivery of the product, after which period every right to do so will be expired.
2. Complaints do not suspend the payment obligation of client. Client shall in no event on the basis of a complaint be entitled to make, to refuse or suspend payment of other services from NOx Sensorshop or refuse payment.
3. When a complaint is justified, NOx Sensorshop has the choice between repair or resupplying of that part which was rejected, adjusted in proportion to the calculated invoice amount, or not (no longer) executing all or part of the agreement, provided that it is in relative to the complaint.
Article 7 – Warranty
1. NOx Sensorshop guarantees that the products will on delivery meet the specifications listed in the offer, with the reasonable requirements of usability and/or reliability and with the existing statutory provisions on the day the contract was concluded.
2. An extra guarantee, like assigning certain rights or claims to the client that goes further than the information given by NOx Sensorshop, offered by third parties (like suppliers, manufacturers or importers) shall never affect the rights and claims client may exercise against NOx Sensorshop about a failure in the fulfilment of the NOx Sensorshop obligations.
3. On the products delivered to the client by NOx Sensorshop the client is given 1 year warranty from the date of delivery to the client, excluding damage due to normal wear and/or improper or incorrect use.
Article 8 – Liability
1. Before a client appeals to the liability in this article, NOx Sensorshop will be given the opportunity, in advance and in writing, to establish the complaint and in that light take measures for repair (if necessary).
2. NOx Sensorshop’s obligation to pay damages, irrespective of the legal basis, is limited to damage for which NOx Sensorshop is insured under an insurance policy taken out by it or on its behalf, but will never exceed the amount paid out under this insurance in the relevant case.
3. If, for any reason whatsoever, NOx Sensorshop cannot invoke the limitations in paragraph 2 of this article, the obligation to pay damages will be limited to a maximum of the total order amount (excluding VAT). In all cases and situation liability of NOx Sensorshop is limited up to a maximum of €1.000,- per client.
4. Consequential loss and/or indirect damages, including business interruption loss, production loss, damage to other products, loss of profit, research, repair and/or transport costs and travel and accommodation expenses does not qualify for compensation.
5 Client indemnifies NOx Sensorshop from and against all claims by third parties on account of product liability as a result of a defect in a product supplied by the client to a third party and that consisted, entirely or partially, of products and/or materials supplied by NOx Sensorshop. Client is obliged to compensate all damage suffered by NOx Sensorshop in this respect, including the full costs of defence.
6. NOx Sensorshop is not liable for any discussion, damage and/or claims of client and/or any third party in connection with resale of the products, both with regard to product liability, quality and/or additional rights, such as intellectual property rights.
Article 9 – Retention of ownership
1. NOx Sensorshop retains the ownership of all products delivered by or on its behalf to client until payment thereof, plus any tax, shipping and/or transportation, is paid in full.
2. Until the bill from NOx Sensorshop is paid in full, the other party can not derive any rights from goods and/or services supplied by NOx Sensorshop.
Article 10 – General expiry period
Defects and deficiencies attributable to NOx Sensorshop must be reported to NOx Sensorshop in writing within a reasonable time after discovery, but in any event within one year after delivery of the product, failing which the entitlement to claim damages becomes void.
Article 11 – Invalidity/annulment of provisions
If any provision of these terms in whole or in part is found to be invalid, are destroyed or otherwise appears to be invalid, the validity of the remaining provisions of these terms and conditions remain in force. Those provisions that are not legally valid or can not be applied by law, will be replaced by provisions that as much as possible align with the scope of the provisions to be replaced, to which the parties will consult each other.
Article 12 – Privacy
NOx Sensorshop reviews and evaluates the data clients provide and in the event of legitimate interest, exchanges data with other companies and credit rating agencies. Personal data of clients will be processed in accordance with the applicable laws regarding data protection as described in the NOx Sensorshop privacy statement.
Article 13 – Applicable law and jurisdiction
1. Only Dutch law applies to all agreements concluded under these conditions, even if the client lives abroad.
2. The Vienna Sales Convention does not apply.
3. Disputes will be submitted to the relevant judge of the District Court Central Netherlands (Midden-Nederland).