Terms and Conditions – DIR Engineering

Index:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Obligations of the customer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the customer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 1 2 – Compliance and additional warranty
Article 13 – Delivery and execution
Article 1 4 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Ar ticle 16 – Complaints
Article 17 – Disputes
Article 1 8 – Additional or different provisions

Article 1 – Definitions
In these conditions:
1. Additional agreement : an agreement whereby the customer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Cooling-off period : the period within which the customer can make use of his right of withdrawal;
3. Customer : the natural person and / or legal person who enters into a transaction with DIR Engineering or one of the trade names under which DIR Engineering operates;
4. Day : calendar day;
5. Digital content : data produced and delivered in digital form ;
6. Duration accordance s t a contract, including the timely delivery of goods, services and / or digital content for a certain period;
7. Durable data carrier : every tool – including e-mail – which enables the customer or entrepreneur to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the purpose for which the information is intended, and that unchanged reproduction of the stored information;
8. Right of withdrawal : the possibility for the customer to cancel the distance agreement within the cooling-off period;
9. Entrepreneur : the natural or legal person who offers products, (access to) digital content and / or services at a distance and at a physical location to the customer (s) ;
10. Contract : an agreement concluded between the entrepreneur and the customer in the context of an organized system for distance selling and direct selling of products, whereby up to and including the conclusion of the agreement exclusively or partly used becomes one or more techniques for distance communication And/or an agreement concluded between the entrepreneur and the customer in the context of direct conversation.
11. Model form for withdrawal : the European model form for withdrawal included in Appendix I of these conditions . Annex it does not have to be made available if the customer does not have a right of withdrawal regarding his order;
12. Technology for distance communication: means that can be used to conclude a contract without the customer and business owner have to be met in the same area.

Article 2 – Identity of the entrepreneur
Name: DIR Engineering; with additional trade names: ‘DIR Offroad ‘ and ‘DIR Garage’)
Street: Helle 5
Postal code: 6361GH
City: Nuth
Country: the Netherlands
Telephone number: 0031 (0) 6 29 60 38 42 available: Mon t / m Sat 9:00 am to 5:00 pm
E-mail address: info@dir-engineering.nl
Chamber of Commerce number: 66851785
VAT identification number: NL077334073B01

Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been established between the entrepreneur and the customer .
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the customer . If this is not reasonably possible, the entrepreneur before the distance contract is concluded , indicate how the general terms and conditions at the entrepreneur can be seen and that they will be sent free of charge as soon as possible at the request of the customer .
3. If the contract is concluded electronically distance, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the customer in such a way that the customer a simple way can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, will be indicated where of the general terms and conditions electronically can be taken note and that at the request of the customer by electronic means or otherwise will be sent free of charge.
4. In the event that in addition to these general conditions also specific product – or service conditions are applicable, the second and third paragraph, mutatis mutandis, and the customer can, in the event of conflicting conditions, always rely on the applicable assay that is most beneficial to him .

Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a good assessment of the offer by the customer . If the entrepreneur uses images , they are a true reflection of the products , services and / or digital content offered . Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The contract
1. The agreement is, subject to the provisions in paragraph 4, concluded at the moment of acceptance by the customer of the offer and the fulfillment of the corresponding conditions.
2. If the customer has accepted the offer electronically, the trader will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can terminate the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment . If the customer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
5. The entrepreneur will look upon delivery of the product , the service or digital content to the customer the following information, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium:
a. the visiting address of the branch of the entrepreneur where the customer can go with complaints;
b. the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the customer has a right of withdrawal, the model form for revocation.
6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal
With products:
1. The customer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The operator may ask the customer the reason for withdrawal, but does not commit to stating his reason (s).
2. Said consider ime goes to in paragraph 1 on the day after the customer, or in advance by the customer designated third party other than the carrier has received the product, or:
a. if the customer has ordered several products in the same order: the day on which the customer , or a third party designated by him , has received the last product . The entrepreneur may , provided he has informed the customer in a clear manner about this prior to the ordering process, refuse an order for multiple products with a different delivery time .
b. if the delivery of a product consists of several shipments or parts: the day on which the customer , or a third party designated by him , has received the last shipment or the last part;
c. in agreements for regular delivery of products during a certain period: the day on which the customer , or a third party designated by him , has received the first product.

For services and digital content that is not delivered on a tangible medium:
3. The customer can terminate a service agreement and an agreement for delivery of digital content that has not been delivered on a physical carrier for at least 14 days without giving any reason. The operator may ask the customer the reason for withdrawal, but does not commit to stating his reason (s).
4. Said consider ime is in paragraph 3 on the day following the conclusion of the agreement.

V erlengde consider ime fo products, services and digital content which is not supplied on a tangible medium by not informing right of withdrawal:
5. If the entrepreneur the customer the statutory notice of the withdrawal right or the standard form does not provide for withdrawal, runs remember t ime off twelve months after the end of the original, in accordance with the preceding paragraphs change your mind set of this article.
6. If the trader has provided the information to the client mentioned in the preceding paragraph within twelve months after the date of the initial grace period, the reflection v erstrijkt 14 days after the day on which the customer has received this information.

Article 7 – Obligations of the customer during the cooling-off period
1. During the reflection period, the customer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the customer may only handle and inspect the product as he would be allowed to do in a store.
2. The customer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
3. The customer is not liable for the value reduction of the product if the entrepreneur has not provided him with any legally required information about the right of withdrawal before or at the time of the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the customer and costs thereof
1. If the customer uses his right of withdrawal, he shall report this within the cooling-off period using the model withdrawal form or any other unequivocal manner to the entrepreneur.
2. As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer returns the product, or hands it to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The customer has the redirection period observed in any case if he returns the product before considering ime has passed.
3. The customer returns the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer .
5. The customer bears the direct costs of returning the product. If the entrepreneur has not reported that the customer must bear these costs or if the entrepreneur indicates to bear the costs himself, the customer does not have to bear the costs for returning the goods.
6. If the customer cancels after first having expressly requested that the provision of the service or the supply of gas, water or electricity is not ready for sale are made beginning in a limited volume or certain amount during the grace period, the customer is the entrepreneur amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of revocation, compared with the full fulfillment of the commitment.
7. The customer bears no costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the customer with the legally required information about the right of withdrawal, the cost reimbursement upon revocation or the model form for withdrawal, or;
b. the customer not expressly the start of the execution of the service or supply of gas, water, electricity or district heating requested during the reflection.
8. The customer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. it has not expressly agreed to the commencement of the agreement before the end of the cooling-off period prior to its delivery ;
b. he has not acknowledged to lose his right of withdrawal when giving his consent ; or
c. the entrepreneur has failed to confirm this statement from the customer .
9. If the customer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the customer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.
2. The trader will reimburse all payments from the customer , including any delivery costs charged by the trader for the returned product , without delay but within 14 days following the day on which the customer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to pay back until he has received the product or until the customer demonstrates that he has returned the product, whichever comes first.
3. The entrepreneur uses the same payment method that the customer has used for reimbursement , unless the customer agrees to another method. The refund is free of charge for the customer .
4. If the customer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period ;
2. Agreements that are concluded during a public auction . A public auction is understood e e n method of sale where goods, digital content and / or services offered by the operator to the customer who is present in person or having the opportunity to be personally present at the auction, conducted by an auctioneer and where the successful bidder is bound to purchase the products, digital content and / or services;
3. Service contracts, after full execution of the service, but only if:
a. the execution has begun with the explicit prior consent of the customer ; and
b. the customer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Package travel as referred to in Section 7: 500 Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, if a certain date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
6. Conventions with respect to leisure activities, as a specific date or period of embodiment thereof is provided in the contract;
7. Products manufactured according to customer specifications , which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the customer , or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
10. Products which by their nature are irrevocably mixed with other products after delivery;
11. Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, magazines or magazines, with the exception of subscriptions to this;
14. The delivery of digital content other than on a tangible medium, but only if:
a. the execution has begun with the explicit prior consent of the customer ; and
b. the customer has stated that he thereby loses his right of withdrawal.

Article 11 – The price
1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any listed prices are target prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or stipulations; or
b. the customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance agreement and additional warranty
1. The company guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the legal rights and claims that the customer can enforce against the trader under the agreement if the trader has failed to fulfill his part of the agreement .
3. An extra guarantee is understood to mean any obligation of the entrepreneur, its supplier, importer or producer in which it assigns certain rights or claims to the customer that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .

Article 13 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the customer has made known to the entrepreneur .
3. With due observance of what has been stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days , unless another delivery period has been agreed . If the delivery is delayed, or if an order can not or only partially be executed, the customer will receive no later than 30 days after he has placed the order. The client in this case the right to terminate the contract without penalty and be entitled to compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the customer has paid.
5. The risk of damage and / or loss of products rests with the entrepreneur up to the moment of delivery to the customer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension
Cancellation :
1. The customer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The customer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
3. The customer can make the agreements mentioned in the previous paragraphs:
– cancel at any time and not be limited to termination at a specific time or in a given period;
– at least cancel in the same way as they were entered into by him;
– always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension :
4. An agreement that for certain time and that extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a specific duration.
5. Contrary to the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the customer has this extended agreement the end of the extension can be canceled with a notice period of no more than one month.
6. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the customer may cancel at any time with a notice period of no more than one month . The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration :
8. If an agreement has a duration of more than one year, the customer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration. .

Article 15 – Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts due by the customer must be paid within 14 days after the commencement of the cooling-off period , or in the absence of a cooling-off period within 14 days after the conclusion of the agreement . In case of an agreement to provide a service, this period starts on the day after the customer has received the confirmation of the agreement.
2. When selling products to the customer and the customer in general terms and conditions are never required to pay in advance of more than 50%. If payment in advance is stipulated, the customer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
3. The customer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the customer does not fulfill his payment obligation (s) on time, after he has been informed by the trader of the late payment and the trader has given the customer a period of 14 days to still fulfill his payment obligations, after the customer has failure to pay within this 14-day period , the statutory interest due on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, = ; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the customer .

Article 16 – Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement should have discovered the defects the customer within bekwa me time after that, be described fully and clearly presented to the operator.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the customer can expect a more detailed answer.
4. The customer must give the entrepreneur at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.
Article 17 – Disputes
1. Contracts between the entrepreneur and the customer to which these general terms and conditions relate are governed exclusively by Dutch law.

Article 1 8 – Additional or deviating provisions
Additional provisions or deviating from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable medium.

Annex I: Model form for cancellation

Model form for cancellation

( only fill in this form and return it when you want to cancel the contract)

– To: [name of entrepreneur]
[geographic address entrepreneur]
[facsimile number entrepreneur, if available]
[e-mail address or electronic address of entrepreneur]

– I / We * share / share * you hereby, that I / we * our agreement concerning
the sale of the following products: *
the delivery of the following digital content: [indication of digital content] *
the performance of the following service: [service designation] *,
revoke / revocation *

– Ordered on * / received on * [date order with services or receipt with products]

– [ Customer name and (s)]

– [ Customer address (s)]

– [Signature customer (s)] (only when this form is submitted on paper)

* Delete what is not applicable or fill in what is applicable.

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