Supply Conditions COPE webshop
Terms and Conditions COPE webshop
These Terms and Conditions for Classic Open Parts Emmen are valid as of January 1st 2010.
Article 1 - Definitions
In this document, we use the following terms:
Company: the Natural or Legal entity offering goods and services to consumers from a distant location,
Consumer: the natural person who enters an agreement with the company not in the capacity of his profession or company,
Long distance agreement: an agreement whereby the long distance sales system organised by the company for the purposes of selling goods and/or services, up to and including signing the agreement whereby only one or more techniques for long distance communication are used,
Technique for long distance communication: medium that may be used in order to sign an agreement without the consumer and company having to meet in the same location,
Cooling off period: the length of time within which a consumer can cancel the agreement,
Right of cancellation: the consumer´s right to cancel the long distance agreement within the cooling off period,
Day: calendar day,
Subscription: a long distance agreement related to a series of goods and services, in which the delivery and purchasing obligations are spread over a period of time.
Storage device: any medium which the consumer of company uses in order to store information which is personally addressed to them. This information is stored in order to make retrieval or reproduction of the stored information possible.
Article 2 – Company Identity
Classic Opel Parts Emmen, trading under the name: COPEparts.nl
Registered and visiting address:
Charles Darwinstraat 39, 7825AB Emmen, The Netherlands
Telephone number +31 (0)6-1270 37 36
Availability From Monday to Friday from 13.00 to 17.00 (CET)
Email address: info@copeparts.nl
Company registration number: 01132762
Tax identification number: NL001524230B34
Article 3 - Applicability
These terms and conditions are applicable for very offer made by the company and for every long distance agreement between the company and consumers.
The text of these Terms and Conditions will be made available before any long term agreement is reached. In case it is not reasonably possible to do this, the consumer will be informed that the Terms and Conditions can be viewed at the company location and that they can be sent to the consumer as quickly as possible and at no cost to the consumer.
Where the long distance agreement is reached digitally, in contrast to the situation described above, the text of these Terms and Conditions may also be made available digitally, in such a way that it is simple for the consumer to store them on a storage device. Where this option cannot be reasonably achieved, the consumer will be informed that the Terms and Conditions can be viewed digitally and that these can be sent to the consumer digitally or in another manner, without cost to the consumer.
Where any specific product or service conditions are applicable in addition to these Terms and Conditions, points two and three also apply. If there are contradictions between the general Terms and Conditions and the specific conditions, then the consumer can select the condition which best suits him or her.
Article 4 - Offers
Where an offer includes a limited validity or has extra conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and detailed description of the products and services offered. The description is sufficiently detailed in order to make a good appraisal of the offer possible for the consumer. If the company uses pictures then these are a reliable representation of the goods and/or services on offer. Any obvious mistakes or omissions in the offer are however not binding.
Each offer contains sufficient information such that it is clear to the consumer what his or her rights and responsibilities are, as far as the offer is concerned.
This includes, in particular:
- The price including taxes,
- Any delivery costs,
- The manner in which the agreement is reached and which actions are required,
- Whether or not cancellation law is applicable,
- The manner of payment, delivery or carrying out the agreement,
- The date for accepting the offer or the date to which the price remains valid,
- The tariff for communicating at a distance where the costs for using communication technology are calculated in a different way than the basic cost,
- where the agreement is archived after it comes into effect and in which way the consumer can access it,
- The way in which the consumer can be informed before signing any agreement of any unwanted actions as well as the way in which he can repair
these before the agreement comes into force,
- Any languages apart from Dutch in which the agreement may be drawn up,
- The code of conduct which the company has opted to adhere to and the manner in which the consumer can view these codes of conduct digitally, and
- The minimum duration of a long distance agreement where an agreement concerns either a long term or periodic delivery of goods and services.
Article 5 - The Agreement
The agreement comes into effect, albeit allowing for clause 4, at the moment when the consumer accepts the offer and fulfills the relevant conditions.
Where the consumer has accepted the offer digitally, the company will also digitally confirm receiving acceptance of the offer. Where no receipt of the acceptance is sent or transmitted, the consumer is entitled to annul the contract.
Where an agreement comes into being digitally, the company will ensure sufficient technical and organisational measures in order to secure the digital transmission of data and will also ensure an safe web environment. The company will also ensure sufficient safety measures in cases where a consumer pays electronically.
The company may, as far as is legally permissible, obtain information about the creditworthiness of the consumer as well as facts and factors which may be significant with regards to a digital long distance agreement. In cases where the company has good grounds on which to not proceed with the agreement, it is entitled to refuse an order or enquiry or to make special requirements. These must be explained to the consumer.
The company will send the following information about the product or service to the consumer either on paper or in a way in which can be stored on a storage device:
a. The visitors´ address for the company where the consumer can turn in case of any complaints,
b. The conditions under which and the way in which the consumer can make use of cancellation law or a clear statement about exclusion from the right to cancel the agreement.
c. Information about the service after purchase and guarantees,
d. the information included in article 4 clause 3 except where the company has already provided this information to the consumer before the agreement was agreed,
e. The requirements for cancelling the agreement where the agreement is for a year or more or has no fixed end date,
In cases where the company has committed itself to delivering a series of products and services, the previous clause is only applicable to the initial delivery.
Article 6 -Right of Withdrawal regarding the Delivery of Products
The consumer has to right to cancel the agreement regarding the purchase of products during a period of 14 days, without having to provide a reason. This period commences on the day after the product has been received by the consumer or on behalf of the consumer.
During this period the consumer will take good care of the product and the packaging. He will only unpack the product or use the product to the extent that is necessary in order to assess whether he wishes to keep the product. Where he makes use of his right of withdrawal from the agreement, he will return the product to the company with all the relevant accessories and, where possible, in the original state and packaging, according to the company´s instructions. The company should ensure that these instructions are both reasonable and clear.
Article 7 - Costs in case of Cancellation
Where the consumer makes use of his right of cancellation, he is responsible for any costs made for returning the item.
Where the consumer has already made a payment this will be refunded by the company as soon as possible, but at the latest within 30 days after the product is returned or the cancellation takes place.
The costs of the initial sending of the product by the company to the consumer will be subtracted from the amount to be repaid.
Article 8 - Exclusions from Cancellation
The company will clearly state any exclusion from the right to cancel. This will take place before the agreement is agreed. ,
Exclusion from the right to cancel is only possible for the following products where:
a. the product has been made according to the consumer´s specifications,
b. they are clearly personal,
c. they cannot by their nature be returned,
d. they can rot or age quickly,
e. the price is linked to fluctuations on the financial markets outside of the influence of the company,
f. the products are magazines, brochures and documentation,
g. Products for which the seal has been broken,
h. parts have been specially ordered,
i. there are electrical parts.
Exclusion from the right to cancel is only possible for the following services:
a. Lodgings, transport, restaurants or free time activity to take place on a given date or within a given period,
b. where the services have been provided before the waiting period for the agreement has expired.
Article 9 - The Price
During the period stated in the offer the prices of the products and services on offer will not be raised, apart from any price changes as a results of changes in purchasing tax levels (VAT).
As an exception to the previous clause, the company can offer goods and services at a variable price, where the prices are bound to fluctuations on the financial markets and are not fixable by the company. This adherence to fluctuating prices and the fact that any prices mentioned are indicative prices will be stated in the offer.
Price rises within 3 months after the agreement is reached are only allowed where they are a result of legal rules and regulations.
Price rises from 3 months after the agreement is reached are only allowed when the company has negotiated this and where:
a. this is the result of legal rules and regulations, or
b. The consumer has the right to cancel the agreement on the day that the price rise comes into effect.
Any prices for goods and services named in the offer are including VAT.
Article 10 - Conformity and Guarantees
The company confirms that the goods and services offered will be in accordance with the agreement in terms of the specifications mentioned in the offer as well as with reasonable demands regarding quality and usability and with legal regulations and government rules valid on the date that the agreement is reached.
Any agreement offered by the company, manufacturer or importer as a form of guarantee has no effect on the rights which the consumer has regarding any defect in the delivery by the company, these being rights instituted in law and/or according to the long distance agreement.
Article 11 – Delivery and Completion
The company will take the greatest possible care when receiving and processing orders for products and when assessing requests for services.
The delivery location is the address which the consumer has made known to the company.
While making allowances for the statements made in article 4 of these terms and conditions, the company will process orders as quickly as possible and within 30 days unless a longer delivery period has been agreed. Where a delivery is subject to delay or where a delivery cannot or can only be partially carried out, the consumer will receive notification at the latest one month after he has placed his order. In this case the consumer has the right to cancel the order without incurring any costs and may be entitled to compensation.
Where an agreement is cancelled, as laid out in the previous clause, the payment made by the consumer will be returned to him as quickly as possible, at the latest within 30 days after cancellation.
Where it proves impossible to deliver the product ordered, the company will do its best to provide a replacement product. This will be made clear to the consumer at the very latest at the time of delivery. The right to cancellation remains in place with any replacement product. Any costs for returning the goods to the company will then be met by the company.
The risk of damaged and missing goods lies with the company up to the moment when the consumer receives the goods, unless this has been explicitly agreed otherwise.
Article 12 – Subscriptions
The consumer has the right to cancel any subscription at any time while taking into account the rules for cancellation and allowing for a cancellation period of maximum one month.
Any agreement with a fixed term has a maximum duration of two years. Where the agreement has been reached that the subscription will automatically be renewed without explicit cancellation, the agreement will then be continued as a variable term agreement with a maximum cancellation period of one month.
Article 13 - Payment
Where no other agreement has been reached, the consumer should pay before receiving the goods or, in the case of services, within 14 days after documentation regarding the agreement is released.
Where the sale is taking place to a consumer, no more than a 50% down payment may be asked. Where a down payment has been agreed, the consumer has no rights to the relevant order or services before the down payment has been made.
Any part which has been ordered on behalf of the consumer should be purchased by that consumer. After the part has been delivered to the consumer, he should complete the remaining 50% of the agreed purchasing price.
The consumer has the duty to inform the company about any mistakes made in their payment details provided to the company.
Where the consumer does not pay part or all of the agreed sum, the company has the right to charge extra costs which were stated to the consumer before the purchase took place.
Article 14 - Complaints
The company has a complaints procedures which it has made known to the consumer and will deal with any complaint according to this procedure.
Any complaints about the way in which the agreement is carried out must be made known to the company within a reasonable time period after the consumer has discovered the problems and should contain a clear and complete description.
Any complaints made by the consumer will be answered within 14 days after the company receives them.
Article 15 - Disagreements
Dutch law and only Dutch law is applicable to these Terms and Conditions and for any agreements reached between COPEparts and the consumer.
Article 16 – Additional or Differing Conditions
Any additional conditions to these Terms and Conditions or any conditions which differ from them, may not disadvantage the consumer and should be made clear in writing in such a way that the consumer can easily store them on a storage device.