Terms and Conditions

General Terms and Conditions

Article 1 - Definitions

In these conditions, the following terms are understood to mean:

Reflection period: the period within which the buyer can exercise his right of withdrawal;
Buyer: the natural person who is not acting for purposes related to his trade, business, craft, or profession and who enters into a distance contract with the seller;
Day: calendar day;
Durable medium: any means that enables the buyer or seller to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the stored information;
Right of withdrawal: the option for the buyer to waive the distance contract within the reflection period;
Seller: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded between the seller and the buyer within the framework of an organized system for distance selling of products and/or services, up to and including the moment that the contract is concluded, exclusively using one or more techniques for distance communication;
Means of distance communication: means that can be used for concluding a contract, without the buyer and seller being in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the seller.

Article 2 - Identity of the seller

Quality Stores Online B.V. trading as Carclean.com
Huygensstraat 35
2652 XK Berkel en Rodenrijs
010-2661050
informatie@carclean.com

Chamber of Commerce number: 24 360 558
VAT number: NL8131 15 656 B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the seller and to every distance contract and orders between seller and buyer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the buyer. If this is reasonably not possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the seller's premises and they will be sent free of charge to the buyer as soon as possible at the buyer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the buyer electronically in such a way that the buyer can easily store them on a durable medium. If this is reasonably not possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that at the buyer's request they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the buyer can always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, then the agreement and these terms will remain in effect for the rest and the provision in question will be replaced immediately in mutual consultation by a provision that approximates the intent of the original as much as possible.
Situations that are not regulated in these general terms and conditions should be assessed according to the spirit of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited duration or is made under conditions, this will be explicitly stated in the offer.
The offer is non-binding. The seller is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the buyer.
All images, specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. Seller cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the buyer what the rights and obligations are, attached to accepting the offer. This concerns in particular:

the price including taxes;
any costs of shipping;
the manner in which the contract will be concluded and which actions are required for this;
the method of payment, delivery, and execution of the contract;
the period for accepting the offer, or the period within which the seller guarantees the price;
whether the contract will be archived after its conclusion, and if so, how it can be accessed by the buyer;
the way in which the buyer can check and, if necessary, correct the information provided by him under the contract before concluding it;

Article 5 - The contract

The contract, subject to the provisions in paragraph 4, is concluded at the moment of acceptance by the buyer of the offer and compliance with the corresponding conditions.
If the buyer has accepted the offer electronically, the seller will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the seller, the buyer can dissolve the contract.
Contracts are only concluded after an order or other assignment has been assessed by the seller for feasibility. The seller has the right to refuse orders or assignments without stating reasons or to accept them only under the condition that the shipment takes place on delivery or prepayment, in which case the buyer will be informed accordingly.
If the contract is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the buyer can pay electronically, the seller will observe appropriate security measures.
The seller can - within legal frameworks - inform himself if the buyer 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, based on this investigation, the seller has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.
The seller will send the following information with the product or service, in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable medium:
a. the visiting address of the seller's establishment where the buyer can lodge complaints;
b. the conditions under which and the manner in which the buyer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing service after purchase;
d. the information included in article 4 paragraph 3 of these terms, unless the seller has already provided this information to the buyer before the execution of the contract;
Every contract is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 - Right of withdrawal

When purchasing products, the buyer has the option to dissolve the contract without giving any reason for 14 days. This reflection period commences on the day following receipt of the product by the buyer or a pre-designated representative made known to the seller.
During the reflection period, the buyer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
If the buyer wishes to exercise his right of withdrawal, he is obliged to notify the seller within 14 days after receiving the product. After the buyer has expressed wanting to make use of his right of withdrawal, the customer must return the product within 14 days. The buyer must prove that the delivered goods were returned on time, for example through a proof of mailing.
If the buyer has not disclosed to the seller that he wishes to exercise his right of withdrawal or has not returned the product to the seller after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the buyer makes use of his right of withdrawal, the costs of returning the goods are at his expense.
If the buyer has made a payment, the seller will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive evidence of complete return can be submitted. Refunds will be made via the same payment method used by the buyer unless the buyer expressly consents to a different method.
In the case of damage to the product due to careless handling by the buyer himself, the buyer is liable for any depreciation of the product.
If a consumer uses part of a consumable product, the consumer is liable for any depreciation of the product.

Article 8 - Exclusion of the right of withdrawal

The seller can exclude the buyer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the seller clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the seller in accordance with the buyer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. for hygienic products of which the buyer has broken the seal.

Article 9 - The price

During the validity 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.
Notwithstanding the previous paragraph, the seller can offer products or services whose prices are subject to fluctuations in the financial market and over which the seller has no influence, with variable prices. This bondage to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the seller has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the buyer has the authority to cancel the contract with effect from the day on which the price increase takes effect.
The in the offer of products or services mentioned prices include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the seller is not obliged to deliver the product according to the erroneous price.

Article 10 - Conformity and Warranty

The seller guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the seller also guarantees that the product is suitable for other than normal use.
A warranty provided by the seller, manufacturer, or importer does not affect the legal rights and claims that the buyer can enforce against the seller under the contract.
Any defects or wrongly delivered products must be reported in writing to the seller within 2 weeks after delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the seller corresponds to the manufacturer's warranty period. However, the seller is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

The buyer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise have been handled carelessly or have been treated contrary to the instructions of the seller and/or on the packaging;
The inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

Article 11 - Delivery and execution

The seller will observe the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
As the place of delivery, the address that the buyer has made known to the company applies.
Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially, the buyer will be notified of this no later than 30 days after he has placed the order. In that case, the buyer has the right to terminate the contract without costs and the right to any compensation.
All delivery times are indicative. The buyer cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the buyer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the seller will refund the amount paid by the buyer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the seller will endeavor to make a replacement item available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of the seller.
The risk of damage and/or loss of products rests with the seller until the moment of delivery to the buyer or a pre-designated and announced representative, unless expressly agreed otherwise.

Article 12 - Payment

Unless otherwise agreed, the amounts owed by the buyer must be paid within 14 working days after the reflection period as referred to in article 6 paragraph 1.
The buyer has the duty to report inaccuracies in provided or stated payment details to the seller without delay.
In case of default by the buyer, the seller has the right, subject to legal restrictions, to charge the reasonable costs made known to the buyer beforehand.

Article 13 - Complaints procedure

The seller has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the contract must be submitted fully and clearly described to the seller within 7 days after the buyer has noticed the defects.
Complaints submitted to the seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the seller will respond within the period of 14 days with a notice of receipt and an indication when the buyer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, it is possible for the buyer to submit the dispute to the dispute commission via the European ODR Platform (https://ec.europa.eu/consumers/odr).
A complaint does not suspend the seller's obligations, unless the seller indicates otherwise in writing.
If a complaint is found to be justified by the seller, the seller will at its option either replace or repair the delivered products free of charge.

Article 14 - Intellectual property rights

Everything on this website, including but not limited to images, text, photos, designs, icons, and illustrations, except for that which is already protected under existing copyright or other intellectual property right, is owned by the seller and/or its owners or (business) partners.
Prior written permission from the seller is required if you want to reproduce, publish, modify, upload, (by mail) transmit, distribute, or in any way make public something from this website.
The trademarks and logos used and displayed on this site are trademarks of the seller and others.
Nothing on this site may be interpreted as granting, by implication or otherwise, any license or right to use any trademark displayed on this site without the prior written permission of the trademark owner.
Users may only view and/or download material from this site for personal, non-commercial private use. The seller will use all legal means to protect its intellectual property rights.
All rights not explicitly granted to third parties in these terms are expressly reserved by the seller.

Article 15 - Disputes

Contracts between the seller and the buyer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the buyer resides abroad.

Article 16 - Additional or different provisions

Additional or different provisions from these general terms and conditions may not be to the detriment of the buyer and must be recorded in writing or in such a manner that they can be stored by the buyer in an accessible manner on a durable medium.