Art. 2: Offers and the Formation of the Agreement

2.1 Every offer made by the supplier is entirely without obligation and must be considered in its entirety as one indivisible whole, unless explicitly stated otherwise in writing in the quotation by the management.

2.2 If a counterparty decides to place an order, the definitive agreement is only formed at the moment that the supplier has accepted the order in writing, or when the supplier has actually commenced the physical execution of the relevant order.

2.3 The samples, models or images shown in catalogues or on the website serve exclusively as an indicative indication. The ultimately delivered item does not need to correspond exactly to these specifications, as small deviations in color or design are possible. The supplier is not obliged to deliver items that have been removed from the assortment or are no longer produced.

Art. 3: Pricing and Rates

3.1 All communicated prices are based on delivery ex warehouse and are exclusive of the statutory turnover tax (VAT). For each order, a contribution to shipping, freight or administration costs is calculated in accordance with the regulations in force at the supplier at the time of order execution.

3.2 Any costs for assembly, installation or additional facilities are entirely at the expense of the counterparty and will be charged by the supplier on a separate invoice. Changes in external cost factors such as purchase prices, raw material costs, taxes or transport rates entitle the supplier to adjust the agreed price.

3.3 If the supplier increases the price within a period of three months after the conclusion of the agreement, the counterparty has the authority to dissolve the agreement. In the event of obvious printing errors on the website, both the supplier and the buyer reserve the right to cancel the transaction. If a price turns out to be incorrect, both parties can dissolve the agreement before delivery takes place, whereby any advance payments will be fully refunded.

Art. 4: Delivery Terms and Right of Withdrawal

4.1 The actual delivery takes place from the supplier's warehouse, unless a deviating delivery method has been established in writing.

Art. 4A: Rules regarding Withdrawal

If the buyer wishes to make use of his right of withdrawal, he must make this known within the statutory period of 14 days via the official model form, by e-mail or via another indisputable written statement. The buyer must then return or hand over the item to (a representative of) Car Cosmetics within 14 days after this notification at his own expense.

During the reflection period, the buyer is obliged to handle the product and the associated packaging with extreme care. The product may only be unpacked or tested to the extent strictly necessary to assess the characteristics and functioning of it, comparable to the inspection in a physical store. Returns must be provided with all accessories, the withdrawal form and, if possible, sent in the original state to:

Art. 4B: Obligations of the Supplier upon Withdrawal

As soon as the supplier receives the notification of withdrawal electronically, an acknowledgement of receipt is sent immediately by e-mail. The supplier will refund all payments received, including the initial shipping costs, at the latest within 14 days after the notification. However, the supplier may wait with this refund until the product has been physically received back or until the buyer has provided sufficient proof of shipment. The costs for returning are entirely at the expense of the counterparty.

Art. 4C: Exclusion of the Right of Withdrawal

The right of withdrawal can be excluded for products with a variable price that depends on fluctuations in the financial market, for items that do not belong to the regular assortment and have been ordered specifically for the buyer, or for custom-made products manufactured according to unique specifications of the buyer.

Art. 5 to Art. 7: Logistics, Partial Deliveries and Risk

Art. 5: The agreed delivery period is generally between 2 and 8 working days, unless a deviating period has been explicitly established in writing between the parties.
Art. 6: The supplier is authorized to deliver sold goods in different stages and to invoice each part of these partial deliveries separately to the counterparty.
Art. 7: When the supplier takes care of the delivery, the risk only passes to the buyer at the moment of actual delivery, even if the legal ownership has not yet been transferred to the counterparty at that time.

Art. 8: Extended Retention of Title

8.1 All items delivered by Car Cosmetics remain the indisputable property of the supplier until the counterparty has paid the full purchase price, including any interest and costs. This reservation also extends to claims that the supplier obtains against the counterparty due to failure to comply with the agreement.

8.2 The goods falling under this retention of title may only be used in the context of normal business operations. The counterparty is prohibited from pledging the items or encumbering them with any other business right.

Art. 9: Payment Terms and Collection

9.1 For orders via the webshop, payment must be made in advance via the methods offered. The supplier may change these payment options in the future. Invoices must be paid at the latest on the due date without any form of discount, settlement or suspension. In the event of late payment, the buyer is immediately in default and a late payment interest of 1.5% per month is due.

9.2 In the event of bankruptcy, suspension of payments or liquidation, all claims of the supplier become immediately due and payable. The supplier has the right to charge extrajudicial collection costs in accordance with the rates of the Dutch Bar Association. The supplier is also entitled to demand security for the fulfillment of future obligations.

Art. 10: Liability and Indemnification

10.1 If the supplier fails, the liability is limited to the replacement damage compensation up to a maximum of the invoice amount. Indirect damage, such as consequential damage, loss of profit or damage due to delay, is explicitly excluded from compensation.

10.2 Each claim for damage compensation expires if it has not been brought legally within one year after the occurrence of the damage-causing event. The counterparty indemnifies Car Cosmetics B.V. against all claims of third parties arising from the items delivered by the supplier.

Art. 11 to Art. 12: Inspection, Complaints and Warranty

Art. 11: The buyer must check the goods immediately upon delivery for quality and numbers. Visible defects must be reported in writing within 2 working days. Invisible defects must be reported within 14 days after discovery, failing which all rights to repair or replacement expire.
Art. 12: The warranty includes the free repair or replacement of items with material or construction defects at the choice of the supplier. Damage due to normal wear and tear or improper use is excluded from any form of warranty.

Art. 13 to Art. 16: Final Provisions, Force Majeure and Privacy

Art. 13: The supplier can dissolve the agreement without judicial intervention in the event of default by the counterparty.
Art. 14: Force majeure situations such as strikes, transport obstacles or technical failures give the supplier the right to suspend execution. After six months of force majeure, both parties may dissolve the agreement.
Art. 15: Dutch law applies exclusively to all relationships. Disputes will be submitted to the competent court in Breda.
Art. 16: Your personal data will exclusively be processed for the execution of the agreement in accordance with our Privacy Policy, as described on carcosmetics.com.