Terms and conditions
GENERAL TERMS AND CONDITIONS STENCLASSICS.COM
Article 1. Definitions
Article 2. Applicability
Article 3. Offer and agreement
Article 4. Prices and payments
Article 5. Delivery and delivery time
Article 6. Intellectual and
industrial property rights
Article 7. Return Policy: Right
of return
Article 8. Warranties
Article 9. Protection
personal data
Article 10. Liability
Article 11. Force majeure
Article 12. Legal proceedings
Article 13. Other provisions
ARTICLE 1. DEFINITIONS
Sten Classics:
the company under
the trade name Stenclassics.com is operated, established in Hengelo,
The Netherlands, with offices at Industriestraat 215, 7553CP in Hengelo is
part of STEN Automotive in Hengelo, registered in the since June 2002
trade register of the Chamber of Commerce under number 08107966, VAT: NL
1373.75.232 B02, seller of products;
Consumer: natural person who
buy products and/or services from Sten Classics for private use;
Contract: also agreement
Customer also: buyer, natural or
legal person who purchases products and/or services from Sten Classics or who
commits to buy it;
Delivery time: by Sten Classics
specified date or period when products and/or services are delivered;
Receipt: the receipt acknowledgment
as described in these terms and conditions
Price: price for products
and/or services excluding transport costs, insurance and including VAT;
Products: items for sale of which
the customer commits himself to Sten Classics by concluding a
agreement, whereby Sten Classics delivers within an agreed term
at a certain price;
Third party products: not by Sten Classics
manufactured, assembled or manufactured products, which Sten Classics
sells;
Shipping costs: also delivery costs
Conditions: these general
terms or specific exchange terms stated elsewhere
Business days:
every day with
excluding Saturdays and Sundays and recognized holidays
ARTICLE 2. APPLICABILITY
1. The details of the terms and conditions that you will find below (hereinafter referred to as: terms and conditions), apply to all contracts for the sale of products and/or services to consumers and other customers. If a provision of these terms and conditions only applies to consumers or only to non-consumers, this will be stated.
2. The use of the buyer’s own general terms and conditions or any other general terms and conditions is, in principle, explicitly rejected by Sten Classics, unless otherwise stated.
3. When a customer agrees to an adjustment of these terms and conditions with Sten Classics, this must be explicitly confirmed in writing by Sten Classics in advance. The other provisions of these terms and conditions remain in full force and effect. This is to avoid misunderstandings about the expectations of the parties.
4. All rights and claims, as stipulated in these terms and conditions and in any further agreements for the benefit of Sten Classics, are also stipulated for the benefit of intermediaries and third parties engaged by Sten Classics.
5. Sten Classics reserves the right to change and/or supplement these terms and conditions in the interim. We cannot accept any liability for the consequences of text errors.
6. By using the Sten Classics internet site and/or placing an order, the buyer accepts these terms and conditions as well as all other rights and obligations as stated on the internet site.
ARTICLE 3. OFFER AND AGREEMENT
1. All quotations and offers from Sten Classics serve as an invitation to potential buyers to make an offer. Quotations and offers in whatever form are always without obligation, non-binding and are subject to the availability of the products, unless otherwise agreed. In the case of offers, Sten Classics has the right to deliver a similar product instead of the ordered product or to dissolve the agreement. Misprints are reserved at all times.
2. Any order for products and/or services hereby constitutes acceptance of the above-mentioned invitation to make an offer. This is regarded as an offer by the customer to purchase the products and/or services subject to the applicability of these terms and conditions.
3. Sten Classics does not accept this offer under these conditions until it confirms the order. The purchase agreement is concluded at the moment that an order confirmation is sent to the buyer by e-mail to the e-mail address provided by the buyer. Sten Classics is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Sten Classics will inform you within ten (10) working days of receipt.
4. The Buyer and Sten Classics expressly agree that by using electronic communication
forms of communication a valid agreement is concluded as soon as the conditions in Article 2.1 and 3.3 are met. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of Sten Classics count, insofar as the law allows, as a presumption of evidence.
5. If a product is not in stock, Sten Classics will contact you directly by email to inform you of this and, if possible, to inform you about the expected delivery date. You can place an order with us by placing the highest bid in an auction (eg eBay) or by clicking the “BUY NOW” button on the Internet or other sales sites. You will then receive a confirmation by e-mail that we have received the order. We inform you that you cannot cancel an order once this confirmation has taken place.
6. All images, drawings and data regarding prices, weights, dimensions, colors and data regarding applicability of the products, in price lists, folders and brochures and on the site are compiled with the greatest possible care. Sten Classics is not responsible for deviations in this information provided by Sten Classics, including communications verbally, by telephone or by e-mail. Sten Classics expressly reserves the right to make changes and improvements to the data provided that are useful for technical progress. However, the customer cannot derive any rights from this. With regard to the technical product information and the product description of our partners or suppliers, Sten Classics is not responsible for the content.
ARTICLE 4. PRICES AND PAYMENT
1. The prices for the products and services offered are stated in euros and include VAT and exclude shipping costs and exclude any other government levies. In connection with the European Union, prices are indicated in euros, but no contractual value can be attached to obvious errors in the prices. We reserve the right to change prices at any time. The contract takes effect when the order is placed by the customer. If the customer is not in the country of shipment, the customer is liable for any turnover tax or import duties owed.
2. The packaging and shipping costs are borne by the buyer and will be invoiced at the end of the order as a supplement to the selected product(s).
3. The delivery costs are stated in the offer and multiple orders can be collected into one order, regardless of the number of items, so that shipping costs are paid only once.
4. Except in the case of cash sales, payment must be made without discount or compensation within seven (7) working days of the invoice date, unless otherwise agreed in writing. This concerns all orders from any country.
5. Payment can be made in (one of) the manner(s) as indicated during the ordering process. Further (payment/order) conditions may be imposed on your order. When paying by bank or giro, the date of payment is the date of crediting the giro or bank account of the buyer, provided this is demonstrable.
6. If you are in default with any payment, Sten Classics is entitled to suspend or dissolve (the execution of) the agreement concerned and related agreements.
7. Payments made by the customer always serve in the first place to settle all interest and costs owed, and in the second place for payable invoices that have been outstanding the longest, even if the other party states that the payment relates to a later invoice.
8. If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by Sten Classics .
ARTICLE 5. DELIVERY AND DELIVERY TIME
1. Ordered products are generally delivered to the specified delivery address within three (3) to seven (7) working days after confirmation of receipt of your payment, if in stock. If the buyer is not present, the ordered products can be delivered to the neighbors. In the event of a delay, you will be informed as soon as possible.
2. The above delivery times are an indication, not a deadline and may be subject to change. Sten Classics is never liable for damage as a result of exceeding delivery times or the loss of an order by the postal and parcel service during transport. Such exceeding also does not entitle you to compensation and e
nor the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery term is such that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary. See also article 11 and 12.
3. In the event of an order that has not been received within the expected time, an investigation will be conducted at the parcel service that may take several weeks. During this period, no new item can be shipped or a refund can be processed.
4. Upon receipt of your order, you have the obligation to examine your order in order to determine whether the product complies with the agreement and, if necessary, to mark any deviations on the delivery note. If there is a discrepancy, you must inform Sten Classics of this as soon as possible by post or e-mail, stating reasons. You must do this the same day or at the latest on the first working day after receipt of the product, at least after detection was reasonably possible. Complaints made after this term cannot be accepted and the responsibility of Sten Classics towards the user therefore lapses. If it is demonstrated that the products do not comply with the agreement, you have the choice to have the products concerned replaced by new products upon return or to have the invoice value refunded. If you do not wish to purchase a product for whatever reason, you have the right to return the product to Sten Classics within seven (7) days of delivery. Returns are only accepted in this case if the product is undamaged, the costs for returns are also for your account. See also article 7.
5. Sten Classics will arrange for delivery by post or in any other manner at the discretion of Sten Classics. Ownership of the products only transfers upon delivery if you have paid all that you owe Sten Classics under any agreement. The goods are and travel at the risk of the customer from the Sten Classics establishment.
6. Sten Classics is entitled to fulfill the delivery in parts. If part of your order cannot be delivered immediately, you will find this on your account. The additional costs of subsequent delivery are borne by Sten Classics.
7. If the buyer has placed multiple orders, all orders will, at your request, be combined into a single shipment, in order to save shipping costs.
8. If you provide Sten Classics with an address in writing, Sten Classics is entitled to send all orders to that address, unless you provide Sten Classics in writing with another address to which your orders should be sent.
ARTICLE 6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
1. You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by Sten Classics.
2. Sten Classics does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties. Sten Classics does not accept any liability in the event that third parties make any claim thereto, based on the assertion that an item delivered by Sten Classics infringes any right of a third party.
ARTICLE 7. RETURN POLICY: RIGHT OF RETURN
1. Products that you have purchased via the Sten Classics webshop can be exchanged and/or returned without stating reasons and without down payment of a fine within seven (7) working days after receipt at the delivery address, provided you still have the invoice. the purchase has not been used and is in the original packaging. Sten Classics does not charge any costs for returning items in this way. Damaged or incomplete products cannot be exchanged or returned. You can send your product with a photocopy of the original invoice and in the original packaging to:
STEN Automotive / STEN Classics
Industriestraat 215
7553 CP Hengelo
The Netherlands
The return shipment is made at the buyer’s own expense.
2. Any return must be communicated to our customer service by email in advance. To this end, you must contact our customer service on the same day or at the latest on the first working day after receipt of the product at the delivery address, at least after observation was reasonably possible via info@stenclassics.com. The right of return starts without penalty, except for the delivery costs. If you make use of your right of return, the buyer has the choice of either a refund of the order amount, if already paid, with the exception of the delivery costs or, on the other hand, of the same or e
and other product a new shipment. In the case of an exchange for the same or another product, the delivery costs are for the user.
3. When you have received a defective product, Sten Classics will exchange it free of charge for exactly the same product, provided you still have the invoice, the purchase has not been used and is in the original packaging. The consumer is entitled to a refund of the order amount, provided that it has already been paid. To this end, you must contact our customer service on the same day or at the latest on the first working day after receipt of the product at the delivery address, at least after observation was reasonably possible via info@stenclassics.com.
4. If you have received another product instead of the ordered product, this will be exchanged by Sten Classics free of charge for the product you ordered, provided you still have the invoice, the purchase has not been used and is in the original packaging. The consumer is entitled to a refund of the order amount, provided that it has already been paid. To this end, you must contact our customer service on the same day or at the latest on the first working day after receipt of the product at the delivery address, at least after observation was reasonably possible via info@stenclassics.com.
5. If any product may be returned pursuant to the above, the amount paid by you will be deposited into your bank or giro account within fourteen (14) days. You should always contact our customer service about this via info@stenclassics.com. When exercising the right to a refund, Sten Classics will make every effort to refund the money to the user as soon as possible; the delay depends on the duration of the technical investigation that will have to be carried out. For payments by bank transfer, the refund will be made to a bank or giro account to be specified by the customer.
6. If the above deadlines are not respected by the buyer, the above rights of the buyer are forfeited.
7. If you have returned products purchased via the Sten Classics web shop, please provide proof of shipment from the post office, so that it is possible to check the return shipment. Otherwise, Sten Classics will not be held responsible if the package is lost.
ARTICLE 8. WARRANTIES
1. Sten Classics guarantees all its deliveries during the legally prescribed periods. Sten Classics hereby guarantees that products will be free of defects.
2. The warranty does not cover damage due to external causes (e.g. accident, shock, damage, extreme temperatures, the effect of moisture, etc.), due to incorrect installation or use not in accordance with the manufacturer’s specifications, through commercial or collective use or by the use of accessories, etc., which are not compatible with the product or for other reasons that are outside the sphere of influence of Sten Classics. The guarantee never extends to compensation for costs or damage because the buyer himself makes changes or repairs to the products or has them carried out or they have been treated or maintained in a careless or injudicious manner.
3. If the product shows defects, you must inform us by letter or e-mail within seven (7) days after delivery. See also article 7.
4. With regard to third-party products, Sten Classics is not obliged to provide any further warranty than that which it has obtained from its supplier or which the supplier provides directly to the end user.
5. Sten Classics is not bound by any other guarantee than that stipulated in this article.
ARTICLE 9. PROTECTION OF PERSONAL DATA
1. The legal regulations regarding the protection of personal data, as laid down in the Personal Data Protection Act, are complied with by Sten Classics. Customers have the continuous right to view, change or delete their own data. This is possible for the customer by logging in to our site and viewing the data in the “personal” section of Sten Classics. You have the right at any time to ask Sten Classics what kind of data is present in the database and to change it.
2. Sten Classics has the right to extract, process, use and process the personal data provided in its information system. Sten Classics will include the data provided by the customer in a file. Sten Classics is the only one in possession of your data. This data will be used for the execution of the customer’s order and will be kept for as long as necessary to handle any complaints arising from the execution of the order. No data will be passed on to third parties where the privacy of the customer is at stake. We will then use the information you give us when placing your order
also treat with great discretion. See also Privacy Statement.
3. If you register on the Sten Classics site, you undertake to provide the correct information. Passing on false information goes against the terms and conditions on the site. Failure to provide information that is requested during your order and that is necessary for processing and sending the order, drawing up invoices and activating the warranty will lead to the cancellation of your order.
4. If the customer gives permission for the processing of his data for the easy processing of new orders and for being able to receive offers and other commercial communications that Sten Classics deems useful, his data will be included in a central file of Sten Classics and will be used for that purpose. Only Sten Classics and its contractual partners can send you e-mail in the context of promotional activities, insofar as you agree to this. The customer can at any time cancel his consent or his registration for, for example, the newsletter. If he so desires, this must be passed on to our customer service via info@stenclassics.com.
5. The conscious cancellation will then be carried out in our system within one working day after Sten Classics has received the e-mail in question or receipt of the relevant notification to customer service.
ARTICLE 10. LIABILITY
1. Sten Classics is not responsible for non-compliance with the contract due to force majeure, such as a full or partial strike in transport or postal services, other transport problems, illness, import, export and/or transit ban, failure to fulfill obligations by suppliers, floods, fire or war. Sten Classics bears no responsibility for indirect damage, loss of business, loss of profit, loss of success, damage or costs incurred by the purchase of a product on the site. Sten Classics will not be held responsible for any loss of data, documents or any damage whatsoever caused by the non-keeping of data by the user. We are not responsible for consequences resulting from the misuse of products offered on the site.
2. The responsibility of Sten Classics is, in any case, limited to the invoice amount for the delivery concerned or the maximum amount that Sten Classics could have charged the customer.
3. Sten Classics can only be held liable for damage that can be attributed to its intent or gross negligence or that is caused by circumstances that are at its risk under mandatory rules of law. Sten Classics will therefore not be liable for any direct or indirect damage for which Sten Classics has not expressly accepted liability in these terms and conditions.
4. The customer indemnifies Sten Classics in these matters against all claims from third parties.
5. Sten Classics is never obliged to pay compensation other than damage to property and/or personal injury.
6. The limitation of liability as stipulated in this article applies equally to employees, employees and all other persons who are used by Sten Classics for the execution of an agreement.
ARTICLE 11. FORCE MAJEURE
1. Without prejudice to its other rights, in the event of force majeure, Sten Classics has the right, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by notifying you of this in writing. without Sten Classics being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
2. Force majeure is understood to mean any shortcoming that cannot be attributed to Sten Classics, because it is not due to its fault and is not for its account under the law, legal act or generally accepted standards.
ARTICLE 12. LEGAL PROCEEDINGS
1. Current European law applies to all legal relationships between Sten Classics and the buyer, as well as to these terms and conditions.
2. All disputes that may arise as a result of this agreement or of further agreements that may result therefrom will be settled in accordance with the Rules of the Netherlands Arbitration Institute or submitted to the competent court in the Netherlands, if Sten Classics opts for this, the competent court of the place of residence or establishment of Sten Classics or the buyer, unless you notify Sten Classics in writing (by fax, letter or e-mail) within four (4) weeks after the dispute has arisen to object to this (in which case the
rules of the Civil Code). The procedure will be conducted in the Dutch language. The arbitral tribunal decides according to the rules of law.
ARTICLE 13. OTHER PROVISIONS
1. The Dutch text of these conditions prevails over translations thereof.
2. If Sten Classics allows deviations from these terms and conditions, whether or not tacitly, for a short or longer period of time, this shall not affect its right to demand immediate and strict compliance with these terms and conditions. You can never assert any right on the grounds that Sten Classics applies these conditions flexibly.
3. If one or more of the provisions of these terms and conditions or any other agreement with Sten Classics should conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legal provision to be determined by Sten Classics. permissible comparable provision.
4. In the event that individual provisions included in these terms and conditions should lose their effect in whole or in part, this will have no consequences for the validity of the other provisions of these terms and conditions.
5. Sten Classics is authorized to make use of third parties for the execution of your order(s).
