The general terms and conditions of Triple & Crown B.V. form part of all agreements between the seller that refers to these general terms and conditions and private persons or (car) companies, with regard to the purchase, repair and maintenance of cars.
The general terms and conditions also apply to the purchase and sale of parts and accessories purchased from or performed on behalf of the client. The general terms and conditions of Triple & Crown B.V. apply to all agreements concluded by Triple & Crown B.V, Triple & Crown Service B.V, De Automobielfabriek B.V, De Automobiel Garage B.V,
De Automobielhandel B.V., Miavu Automotive B.V., N.D. Motor Cars B.V and Shift Up.
Chamber of Commerce
These general terms and conditions have been filed with the Chamber of Commerce, where Triple & Crown B.V. is registered under number 56517335. The applicable general terms and conditions will be at the expense of Triple & Crown B.V. on first request. are sent.
In the general terms and conditions, the following definitions apply:
- Car: A passenger car, a combination car or delivery van derived therefrom, of which the total weight, including the loading capacity, does not exceed 3500 kg.
- The car to buy: A car that is sold by the buyer to Triple & Crown B.V in the context of the agreement by way of purchase.
- The agreement: The agreement for the purchase and sale of a new or used car or of parts and accessories therefor.
- The salesman: The person who, on the basis of the agreement, sells a new or used car and/or parts or accessories.
- The buyer: The person who purchases a new or used car and/or parts or accessories on the basis of the agreement.
- The assignment: The agreement to perform assembly, disassembly, repair or maintenance work, voluntary or statutory inspections and damage assessments, each individually or together referred to as ‘work’.
- The contractor: The person who instructs the repairer to carry out work.
- The payment: The down payment applies as an advance payment on the agreed purchase price as part of the purchase agreement. The deposit is used as security.
- the repairman: The person who carries out an order with regard to a car and/or parts and accessories therefor.
- The guarantee:
- a: The warranty described in the warranty conditions of Triple & Crown B.V.
- b: The warranty provided by the manufacturer, importer or seller on those cars, parts and accessories
- c: On work: the repair and maintenance guarantee performed by another company (so-called third party).
Sale and Buying
Article 1 – The offer
- The seller’s offer is made orally, in writing or electronically and is valid for the period specified therein, or if no period for acceptance has been set, for two days, provided the car has remained unsold. The acceptance of the offer by the buyer is only valid if it takes place within the stipulated period.
- If the purchaser accepts the offer electronically, it is only valid if it
confirmed by the seller. If the buyer accepts the offer orally or electronically, then there is only an agreement between the parties if the seller has confirmed this to the buyer (with mentioning the conditions).
- No rights can be derived from specifications and prices mentioned on the Triple & Crown B.V. website, external websites or social media. The information cannot be regarded as an offer pursuant to art. 6:217 paragraph 1 of the Dutch Civil Code and can be authorized by Triple & Crown B.V. be changed without notice. Triple & Crown B.V. does not guarantee the correctness of the data on its internet site, external websites and social media. These are therefore intended to indicate the goods and services that can be supplied.”
Article 2 – The agreement
- The agreement is always recorded in writing or electronically. The seller always provides the buyer with a copy of a written agreement. However, the absence of a written or electronically recorded agreement does not make this agreement null and void.
- Any additional agreements and/or commitments are binding on Triple & Crown B.V. only if these have been laid down in writing by persons authorized to represent Triple & Crown B.V. The general terms and conditions of the buyer of the car from Triple & Crown B.V. and/or the party supplying the car to Triple & Crown B.V. sells are expressly rejected. Triple & Crown B.V. is not prepared to enter into an agreement if its general terms and conditions do not apply to it. If the buyer also refers to its general terms and conditions, the buyer’s terms and conditions do not apply.
Article 3 – The content of the agreement
In een schriftelijke of elektronisch vastgelegde overeenkomst worden in ieder geval opgenomen:
- written or electronically recorded agreement will in any case include:
- The description of the car and any car to be purchased, both with any accessories;
- The price of the car at the time of purchase and sale, with an indication of whether the price is a fixed or a non-fixed agreed price;
- The price of any car to be purchased at the agreed time of delivery of that car;
Article 4 – Price changes
Changes in taxes, excise duties and similar government levies are reflected in both the fixed and non-fixed price of both new and used cars by Triple & Crown B.V. charged at all times.
Article 5 – The risk for the car
The car is for the account and risk of the seller until the time of actual delivery. Any car to be purchased will only become the property of Triple & Crown B.V. or buyer as soon as the actual delivery has taken place. Until that time, the car to be purchased is at the expense and risk of the seller and all costs are for his account. This also includes the costs of maintenance and any damage caused by whatever cause, including the damage as a result of not being able to hand in the registration certificate. Upon actual delivery by Triple & Crown B.V. of the car to the buyer, the risk is fully transferred at the time of actual delivery.
Article 6 – Exceeding the delivery period
- If the specified delivery term of the car is exceeded, the buyer can give the seller written notice of default. If the seller has not yet delivered the car within three weeks after that notice of default, the buyer has the right to dissolve the agreement. If no delivery term has been set, the buyer can give the seller written notice of default if the ‘probable’ delivery term is exceeded. If the seller has not delivered the car within three weeks after the expected delivery period has expired, the buyer has the right to dissolve the agreement”.
- If an agreed presumed delivery term is exceeded, the parties are entitled to dissolution three weeks after the notice of default referred to in paragraph 1 or the moment the seller informs that it cannot deliver within three weeks.
- In all cases in which the seller can invoke a situation of force majeure of a permanent nature, both parties are entitled to dissolve the agreement.
Article 8 – Cancellation
- The buyer has the right to cancel the purchase agreement within 7 days, regardless of whether the seller has failed in its obligations. This cancellation can only be made in writing or electronically.
- In the event of cancellation within 2 days (48 hours), the buyer owes the seller €1,000.
- The buyer is obliged to compensate the seller for all damage that he suffers as a result of the cancellation after 2 days and within 7 days after the cancellation. This damage is set at 15% of the purchase price of the canceled car, with a minimum amount of €1000.
- If the buyer has not paid this compensation within 10 days, the seller has the right to inform the buyer in writing that he requires compliance with the concluded agreement. In that case, the buyer can no longer invoke the cancellation. The buyer’s obligations to pay this compensation are a debt within the meaning of article 18 of these general terms and conditions for which a time of payment has been expressly agreed.
- The right to cancel expires if the car to be purchased has been delivered by the buyer to the seller.
- Triple & Crown B.V. has the authority to cancel the purchase agreement if the buyer does not pay the purchase price within the agreed term and/or does not collect the car, as a result of which Triple & Crown B.V. cannot meet its delivery obligation. Triple & Crown B.V. Buyer will first give notice of default in writing and give a period of seven days to still comply. If the buyer also fails to comply within this period, Triple & Crown B.V. cancel the purchase agreement without further notice. In the event of cancellation by Triple & Crown B.V., the buyer is liable. 15% of the purchase price of the canceled car to Triple & Crown B.V. payable, with a minimum amount of € 1,000. The right of Triple & Crown B.V. to cancel the agreement, the other rights of Triple & Crown B.V. unaffected by law.
Reparatie en onderhoud
Article 9 – The assignment
The assignment to perform work is given verbally, in writing or electronically. When an order is given electronically, it is established upon confirmation by the contractor. If desired, a copy of a written order will be provided to the client.
Article 10 – Quote and term
- Before or when issuing the order, the client may require a statement of the price of the work, as well as of the term within which the work will be performed. The stated price and term are approximate, unless the client and the repairer agree on a fixed price and/or term.
- If the approximate price quoted is exceeded or threatens to be exceeded by more than 10%, the repairer must contact the client to discuss these additional costs.
- The client is entitled to terminate the agreement, with due observance of a notice period of two weeks, subject to compensation to the repairer for the work already performed by him.
- If the estimated term is exceeded or threatened to be exceeded, the repairer must immediately inform the client, stating the new date of delivery.
- If a fixed term is exceeded, the client is entitled to reasonable compensation, except in the event of force majeure on the part of the repairer.
Article 11 – The account
An itemized invoice is issued for the work performed.
Article 12 – Storage costs
If the client has not collected the car within three working days after becoming aware of the execution of the order, Triple & Crown B.V. charge a reasonable fee for storage costs. The storage costs are €20.- per day, which also includes a half-day, with a maximum of €300.- per month.
Article 13 – Right of retention
The repairer can exercise the right of retention on the car and/or parts or accessories, if and for as long as:
- the client does not pay or does not fully pay the costs of the work on the car;
- the client does not pay or does not pay in full the costs of previous work performed by the repairer on the same car;
- the client does not or not fully pay other claims arising from the contractual relationship with the repairer/seller.
Article 14 – Warranty on used cars and parts/accessories
- The guarantees stated in this article do not affect the legal rights that a buyer/client has on that basis, not acting in the exercise of a profession or business. This also includes the right pursuant to Book 7 of the Dutch Civil Code that the goods comply with the agreement upon delivery.
- Paragraph 1 does not apply if a deliberate choice is made in the agreement (and price agreement) to purchase without any guarantee.
Article 15 – Warranty on new cars and parts/accessories
No other warranty applies to new cars and to new parts/accessories than that provided by the manufacturer or importer, and the legal rights as referred to in paragraph 1 of the previous article.
Article 16 – Optional and additional warranty
- The seller grants an optional additional warranty on used cars, unless the buyer has expressly stated in writing to waive the warranty. E.e.a. in consultation with the buyer/client.
- No warranty is provided on used parts supplied separately. Defects that have arisen outside the European Economic Area are not covered by the warranty on used cars, unless the buyer demonstrates that the defects are not caused by circumstances that deviate from the European Economic Area, such as inferior roads, fuels, etc.
Article 17 – Payment
- Payment of a debt is always made in cash or by means of a bank transfer to the address of the seller (debt delivery). Payment is made upon delivery of the car, the parts or after the services have been performed.
- If a different time of payment has been expressly agreed in writing, the seller/mechanic is entitled to charge the statutory interest monthly on the unpaid amounts. The remaining part of the month is regarded as a whole month from the moment the payment should have been made.
- If the parties have waived cash payment and have not expressly agreed in writing what the time of payment is, a payment term of eight days applies. The buyer/client owes the statutory interest and extrajudicial collection costs from fifteen days after receipt of the reminder from the seller/contractor in which the buyer/client is requested to comply. For the purpose of charging costs, a part of a month is regarded as a whole month.
- If the buyer/customer fails to pay the amount owed after a summons, the seller/mechanic is entitled to increase this amount by the collection costs. These collection costs include both judicial and extrajudicial costs. Extrajudicial costs are all costs charged to the seller/mechanic by lawyers, prosecutors, bailiffs and anyone else they use to collect the amount owed. The extrajudicial costs are set at 15% of the amount due, unless the buyer demonstrates that the seller suffers less damage.
Article 18 – Retention of title
- The delivered car remains the property of the seller as long as the buyer has not paid in full all that he owes under the purchase agreement.
- As long as the ownership of the car has not been transferred to the buyer due to retention of title, the buyer is obliged to insure and maintain it at his own expense for third-party liability + hull.
Article 19 – Force majeure
- If Triple & Crown B.V. cannot fulfill its obligations due to force majeure, those obligations will be suspended for the duration of the force majeure situation. If the force majeure situation has lasted 14 days, the parties have the right to dissolve the agreement in whole or in part. Dissolution takes place by means of a written statement. There is no right to compensation in this regard.
- Under force majeure, any of Triple & Crown B.V. independent circumstance, as a result of which fulfillment of its obligations cannot reasonably be expected from Triple & Crown B.V. can be required. This applies regardless of whether that circumstance could have been foreseen at the time of the conclusion of the agreement. Such circumstances also include strikes, lockouts and stagnation or other problems at Triple & Crown B.V. as well as problems with suppliers, measures taken by government authorities and the lack of any government license.
The car to buy
Article 20 – The car to be purchased
- Triple & Crown B.V. reserves the right to cancel the purchase of the car to be purchased or to recover the unforeseen costs if the car does not comply with the agreement. This is, for example, if the car to be purchased, partly in view of the nature of the item and the statements made by the seller about the car do not possess the properties that Triple & Crown B.V. expected under the agreement.
- The car to be purchased will be purchased by Triple & Crown B.V. globally appraised and assessed. The seller is subject to a notification obligation for defects that he knew and/or should have known. For the offer of the car to Triple & Crown B.V., the seller must check the car (thoroughly) and confirm the defects with Triple & Crown B.V. by signing the general terms and conditions. to have reported. If after delivery it appears that the car contains visible and/or invisible defects, Triple & Crown B.V. notifies the seller of this in writing and gives the seller a reasonable period of seven days to repair the defects itself (without any reduction in value). Triple & Crown B.V. – after the aforementioned seven days have elapsed and the seller has not repaired the defects (as a result of which the car is valued again at the previous appraisal value) the right to (repair/repair) work and/or replacement of parts is performed and to recover the (reasonable) costs from the seller. The seller agrees to this by signing.
Article 21 – Deviations
Deviations, including additions or extensions to these general terms and conditions, are only valid if they have been recorded in writing by both parties.
Article 22 – Personal data
- Insofar as personal data is processed in the context of the execution of the agreement, this personal data will be processed by Triple & Crown B.V. processed in a proper and careful manner. This is done in accordance with the General Data Protection Regulation (GDPR).
- Based on the personal data that Triple & Crown B.V. processed, it can execute the agreement and fulfill its warranty obligations. In addition, Triple & Crown B.V. can use the data to provide an optimal service,
provide the buyer with up-to-date car information in a timely manner and make him personalized offers or apply direct marketing activities. Personal data may also be made available to third parties, including a garage or suppliers.
- The car details are included in the system of the National Autopas Foundation. In this system, read odometer readings are recorded to prevent fraud with odometers.
- Technical and organizational measures will be taken to protect the personal data against loss or any other form of unlawful processing, Triple & Crown B.V. taking into account the state of the art and the nature of the processing.
Article 23 – Applicable law and dispute resolution
- All actions and offers from Triple & Crown B.V. only Dutch law applies.
- The applicability of the Vienna Sales Convention to agreements of Triple & Crown B.V. is expressly excluded.
- All disputes, of whatever nature, will therefore be settled by a competent court in the Netherlands, unless the law expressly designates another court or disputes committee as competent.