Deliveries by Bart Ebben B.V. Specialist Citroën DS Peugeot are subject to STIBA’s General Terms and Conditions of Sale and Delivery, which can be read below. As important additions to this Terms are the supplementary conditions of Bart Ebben Specialist Citroën Peugeot apply as listed at the bottom of this article:
House rules - Annex C: General terms and conditions of sale and deliveryThese general terms and conditions apply to the conclusion by STIBA members of agreements for the sale and/or delivery of used vehicle parts and to the execution of such agreements. The STIBA Warranty Conditions apply to these agreements for the sale and/or delivery of used vehicle parts.
1.2STIBA members are those companies that have been admitted as members by the Board of STIBA pursuant to Article 3 of the Articles of Association of the aforementioned Association and that can be recognized by the STIBA shield. The STIBA members can also be found on the STIBA website.
1.3Deviations from and/or additions to these general terms and conditions only bind the STIBA member if the latter has expressly and in writing recorded their validity. If the buyer refers to its own conditions, the present conditions apply exclusively, unless expressly agreed otherwise.
2. Agreement 2.1If the agreement is entered into in writing or electronically, it will be concluded on the day the contract is signed by the STIBA member, or on the day the written or electronic order confirmation is sent by the STIBA member.
2.2Oral commitments by and agreements with subordinates of the STIBA member will not bind the STIBA member until and to the extent that they have been confirmed in writing or electronically by the STIBA member.
3. Prices 3.1Unless otherwise stated, all amounts are exclusive of deduction or discount and inclusive of VAT, whether or not calculated via VAT. margin scheme of the dismantling company.
3.2Prices are calculated for delivery ex works, unless expressly stated otherwise.
3.3Indication of prices, of items offered for sale and of specifications contained in general offers are without obligation. They do not bind the STIBA member and the buyer cannot rely on them, unless otherwise agreed or indicated.
4. Delivery 4.1Delivery takes place ex workshop, warehouse or shop at the choice of the STIBA member. The buyer is obliged to purchase, unless the STIBA member has no reasonable interest in this.
4.2As soon as the item is ready for delivery or shipment, the buyer bears the risk for all direct and indirect damage that may occur to or through the item, except insofar as this is due to gross negligence on the part of the STIBA member. If the buyer fails to accept the item after notice of default, the STIBA member will be entitled to dissolve the agreement without judicial intervention and to charge the buyer for the costs of storing the item.
4.3The item sold will be delivered as is in the condition in which it is when the agreement is concluded.
4.4Transport and dispatch of items sold by the STIBA member will take place entirely at the expense and risk of the buyer.
5. Delivery period 5.1Delivery times are determined in consultation and approximately by the STIBA member. Delivery times can never be regarded as a fatal term. The delivery time commences upon verbal and written order confirmation.
5.2In the event of late delivery, the STIBA member is not liable for any damage suffered by the buyer due to late delivery, unless the buyer has given the STIBA member written notice of default, in which case the buyer must grant the STIBA member a period of at least half of the originally agreed delivery time to still meet its obligations.
5.3To the extent permitted by law, an agreement cannot be terminated by the buyer due to exceeding the term, unless the term mentioned in the end of paragraph 2 of this article has expired and the buyer cannot be required to maintain the agreement.
6. Payment 6.1Unless otherwise agreed, payment is made in cash. In the case of distance purchases, the STIBA member can offer the buyer various payment options, including IDeal, PayPal and credit cards in a secure environment and the option of a one-time authorisation. The STIBA member will not store the buyer's bank details. The buyer is aware that payment via the internet can involve risks. Payments via the internet are at the buyer's own risk. The STIBA member is not liable for the manner in which the buyer makes payments.
6.2In the case of purchase on invoice, payment must be received within fourteen days of the invoice date.
6.3If no payment or late or incomplete payment has been made on the due date, the buyer will be in default without the need for notice of default or reminder and will be immediately liable for the statutory interest per month or part of a month on the overdue amount, calculated from the due date.
6.4In the case of paragraph 3 of this article, the STIBA member has the right to reclaim the purchased goods by means of an extrajudicial statement within the period of article 7:44 BW. By this declaration the purchase is dissolved.
6.5All costs, both judicial and extrajudicial - including those of collection agencies, bailiffs, lawyers - that are associated with the enforcement of the rights of the STIBA member against the buyer, are for the account of the buyer. The extrajudicial collection costs are calculated in accordance with the collection rate of the Dutch Bar Association for collections with a minimum of € 50.00.
7. Retention of title 7.1As long as the buyer has not fully complied with what is owed to the STIBA member under or in connection with delivery, goods already delivered remain the property of the STIBA member.
7.2The buyer is not entitled to deliver, lend, pledge or transfer ownership of delivered goods - as long as they have not been paid for - to third parties.
7.3The buyer bears the risk for unpaid goods with regard to all damage, direct and indirect, which may be caused to them by himself or any other person.
8. Deficiencies/complaints 8.1The buyer is obliged to carefully check deliveries after execution for any deficiencies in the form of deviations from specifications and other observable deficiencies. Any deficiencies found must be reported to the STIBA member immediately, but no later than 8 days after delivery of the item. This report must be made in writing and accompanied by a description of the deficiency found, stating the invoice and invoice number.
8.2The buyer must enable the STIBA member to check the deficiency found. Failure to comply with the provisions of this article will result in the buyer losing his right to rely on deficiencies that he could reasonably have discovered upon careful inspection within the aforementioned period.
8.3The buyer must reimburse the STIBA member for the costs of unfounded complaints.
8.4The provisions of this article 8 apply in accordance with the provisions of article 8 of the STIBA Warranty Conditions.
9. Force Majeure 9.1If the STIBA member fails in whole or in part to fulfil its obligation towards the buyer, this failure cannot be attributed to the STIBA member if the STIBA member is hindered in the performance of the agreement or if the STIBA member is prevented from performing the agreement. is made impossible by a - foreseeable or unforeseeable - circumstance that is beyond the control of the STIBA member, such as, but not limited to:
If a situation occurs as referred to in paragraph 1 of this article, the STIBA member is, to the extent permitted by law, not liable for any resulting damage to the buyer and the STIBA member may, at its own discretion, suspend the fulfilment of its obligations suspend or terminate the agreement in whole or in part without judicial intervention and without being liable for any damages.
10. Use of the item 10.1The buyer must use the delivered item in accordance with its nature and intended purpose and in compliance with all statutory usage regulations and, where applicable, usage regulations prescribed by the STIBA member.
10.2If the buyer does not use the delivered item in accordance with the provisions of paragraph 1 of this article and the buyer holds the STIBA member liable for damage suffered in connection with the use of the delivered item, the buyer must prove that the damage is the result of a defect in the item delivered by the STIBA member and not of use other than in accordance with paragraph 1 of this article.
10.3Without prejudice to the provisions of article 11 and paragraph 2 of this article, the STIBA member is never liable for personal injury if the buyer has acted contrary to the provisions of paragraph 1 of this article. The buyer must, to the extent permitted by law, indemnify the STIBA member against claims from employees or other third parties, in particular customers, if they have not taken note of the instructions for use arising from paragraph 1 of this article.
11. Liability 11.1For damage resulting from or in connection with deliveries for which the STIBA member can be held legally liable, the liability of the STIBA member shall not exceed the invoice amount, unless mandatory provisions otherwise provide.
11.2Damage, insofar as it consists of lost profit or reduced revenue and all other indirect damage or consequential damage, such as business damage or any compensation or fine owed by the buyer to third parties, shall in no case be eligible for compensation, unless mandatory provisions to the contrary provide otherwise.
11.3Except to the extent that the STIBA member is liable under Section 3 of Title 3 of Book 6 of the Dutch Civil Code and to the extent permitted by law, the buyer shall indemnify the STIBA member against claims on any grounds whatsoever from third parties who claim to have suffered damage as a result of the purchased item or any act or omission. of the STIBA member in the context of the execution of the agreement, unless the buyer demonstrates that the STIBA member is liable in the relationship with the buyer and must compensate the buyer for this damage.
11.4On penalty of forfeiture of the right to compensation, the STIBA member will be provided with all desired cooperation in the investigation into the cause, nature and extent of the damage for which compensation is claimed.
11.5Article 9 of the Warranty Conditions applies accordingly.
12. Termination 12.1The agreement will be terminated in whole or in part immediately by a written statement from one of the persons entitled to do so. Before the buyer sends a written notice of termination to the STIBA member, the buyer must always first give the STIBA member written notice of default and grant it a reasonable period to properly fulfil its obligations.
12.2The buyer is not entitled to terminate the agreement in whole or in part or to suspend its obligations if it was already in default with the fulfilment of its obligations. For consumer buyers, this provision does not affect their possible right to suspend on the basis of any statutory provision.
12.3If the STIBA member agrees to dissolution, without any default on its part, it is entitled to compensation for all financial loss, such as costs, lost profit and reasonable costs to determine damage and liability.
12.4In the event of partial dissolution, to the extent permitted by law, the buyer cannot claim undoing of services already performed by the STIBA member and the STIBA member is fully entitled to payment for the services already performed by it, without prejudice to the right of the STIBA member to undo its services and claim damages.
13. Disputes 13.1All transactions between the STIBA member and the buyer are exclusively subject to Dutch law.
13.2All disputes arising from agreements with the STIBA member will initially be submitted to the STIBA Complaints Committee. This committee will decide in accordance with the STIBA Complaints Regulations.
13.3The complaints procedure does not affect the buyer's right to appeal to the competent court.
All parts sold or shipped by Bart Ebben are visibly or invisibly marked. Only parts marked by Bart Ebben are eligible for warranties, and the right of withdrawal.
14. Return form (RMA) on the website www.bartebben.nlReturn Form (RMA) on the website www.bartebben.com
Explanation:
RMA meaning: Return Merchandise Authorisation.
It means that we need to be informed before you send something back to us. After submitting the Return Merchandise Authorisation (RMA) form, you will receive an RMA number from us, which you clearly state on or in the packaging of your return shipment. We know exactly which parcel belongs to you and ensure that returns are executed smoothly and fairly.
In order to be able to return items to Bart Ebben, buyers must submit a request for a Return Merchandise Authorization (RMA). Returns without a fully completed Return Form (RMA) and without an RMA number provided by us will not be accepted.
14.2Counter sale parts (except electrical and electronic components) may be returned after consultation with Bart Ebben, provided the parts are in the same condition as when delivered. The mark applied by us must be clearly visible on the parts. The buyer must also submit the original invoice. The buyer will then receive a credit for the purchase amount (excluding shipping costs and deposit) minus 25% to compensate for the extra costs incurred by Bart Ebben. Counter sale bought returns are possible up to 8 days after purchase, see 8.1
15. Warranty 15.1Warranty on used parts means that a replacement part will be delivered within the warranty period of 3 months from the invoice date.
If you want to make use of our warranty, there are two options after registering via the website:
Option A: Bart Ebben assesses in advance whether there is a warranty and then ships a replacement part.
Option B: Bart Ebben assesses whether there is a warranty afterwards. You register the warranty claim and immediately order a replacement part from Bart Ebben. Upon receipt and justified warranty assessment of the defective part, it will be credited.
Other warranty provisions:
The warranty will be void if:
For exchanges, the processing time for an exchanged part is between 3-6 working days after receipt of the part and depending on whether a replacement part is in stock.
16. Transport damage / faulty delivery 16.1In the exceptional case that one or more of the parts you have received has been damaged during transport or has not been delivered at all or has been delivered incorrectly, please contact us as soon as possible but no later than 24 hours after receipt (or notification of delivery) via the Return Form (RMA) on the website. If the part does not function as expected please contact us as soon as possible but no later than 8 days after receipt of the parts via the Return Form (RMA) on the website. After receiving the RMA number, please return the parts to the address provided by our customer service. Bart Ebben assesses whether all warranty conditions have been met. With eligible warranty, we will send a new part free of charge (we will also reimburse the return shipping costs).
17. Return parts 17.1All electrical and electronic parts such as, for example, an ECU set, display, relays, control modules, heater motors, radio, etc. will not be returned due to damage caused by assembly and underlying malfunctions. These parts are of course eligible for warranty.
17.2ECUs (Engine Control Unit) can fail, for example, due to external faults such as a short circuit in the wiring harness, a faulty injector, etc. Therefore, make sure you diagnose correctly and fix the cause first. If required, we can help you make the correct diagnosis.
17.3Parts specially ordered by us for you will not be returned.
18. Right of withdrawal website 18.1You have the right to cancel your order, only if placed via www.bartebben.nl, www.bartebben.de and www.bartebben.com up to 14 days after receipt without giving reasons, provided that the delivered part has not been removed from its (sealed) packaging and has not been used or connected or assembled. After cancellation, you have another 14 days to return the part to Bart Ebben. You will then be credited the full order amount including shipping costs upon receipt of the part. Only the costs of returning the product from home to the shop are in your own account. Please contact us within 14 days of receipt of the part for approval of your return (via the Return Form (RMA) on the website). Only parts marked by Bart Ebben are eligible for this.
18.2Parts specially ordered by us for you will not be taken back and are excluded from the right of withdrawal.
19. Deposit 19.1A deposit is charged for some parts (e.g. engines, gearboxes, hydraulic parts, etc.). The deposit is invoiced when the part is sold and must always be paid in advance by the buyer. The deposit will be credited by Bart Ebben to purchaser as soon as the old deposit part is received by Bart Ebben.
Your deposit part must meet the criteria below:
All our transactions are governed by Dutch law, in the event of disputes the court in Bart Ebben's place of residence always has jurisdiction.
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