Terms and Conditions

General Terms and Conditions

Article 1 - Definitions

In these conditions, the following terms shall have the following meanings:

Cooling-off period: the period within which the buyer can exercise his right of withdrawal;
Buyer: the natural person who is not acting in the exercise of a profession or business or the legal entity that enters into a distance contract with the seller;
Day: calendar day;
Durable medium: any means that allows the buyer or seller to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the buyer to waive the distance contract within the cooling-off period;
Seller: the natural or legal person who offers products and/or services to buyers at a distance;
Distance contract: a contract where, within the framework of a system organized by the seller for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used for concluding a contract, without the buyer and seller being together in the same place at the same time.
General Terms and Conditions: these 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, The Netherlands
+31 10-2661050
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 the seller and the buyer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the buyer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the seller's premises and 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, then, in deviation from 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 not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the buyer's request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the buyer may always invoke the applicable provision that is most favorable to him in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions at any time are wholly or partially void or annulled, the agreement and these conditions shall remain in force for the rest and the relevant provision shall be replaced by mutual agreement without delay by a provision that approximates the intent of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The seller is entitled to change and adapt 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 proper assessment of the offer by the buyer.
All images, specifications data in the offer are indicative and cannot give rise to damages or termination of the agreement.
Images accompanying products are a true representation of the offered products. The 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 rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any costs of shipping;
the manner in which the agreement will be concluded and which actions are required for this;
the method of payment, delivery, and performance of the contract;
the period for acceptance of the offer, or the period within which the seller guarantees the price;
whether the contract is archived after its conclusion, and if so in what way it can be consulted by the buyer;
the way in which the buyer, before concluding the contract, can check and if desired restore the data provided by him in the context of the contract;

Article 5 - The agreement

The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the buyer of the offer and the fulfillment of 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 may dissolve the agreement.
Agreements are only concluded after an order or assignment has been confirmed by the seller on feasibility grounds. The seller has the right to refuse orders or assignments stating reasons or to accept them only under the condition that the shipment is made under cash on delivery or prepayment, in which case the buyer will be informed accordingly.
If the agreement 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 take appropriate security measures to that end.
The seller may, within legal frameworks, inform whether the buyer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If the seller, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
The seller will send the following information to the buyer with the product or service, in writing or in such a way that the buyer can store it in an accessible manner on a durable medium:
a. the visit address of the seller's business where the buyer can go with 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. the information about warranties and existing after-sales service;
d. the data included in article 4 paragraph 3 of these conditions unless the seller has already provided this data to the buyer before the execution of the agreement;
Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

Upon purchase of products, the buyer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the buyer or a pre-designated representative by the buyer and the seller.
During the cooling-off period, the buyer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the seller, according to 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 of receipt of the product. After the buyer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The buyer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If the customer has not expressed his intention to exercise his right of withdrawal after the periods mentioned in paragraphs 2 and 3 or has not returned the product to the seller, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the buyer exercises his right of withdrawal, the costs of return shipment will be for his account.
If the buyer has paid an amount, 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 seller or conclusive proof of complete return can be presented. Refunds will be made using the same payment method used by the buyer unless the buyer explicitly agrees to a different payment method.
In 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 the product is consumed in whole or in part, the buyer is held responsible 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 paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the seller has clearly stated this in the offer, at least in time for the conclusion of the agreement.
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 spoil or age quickly;
e. for hygienic products whose seal has been broken by the buyer.
The right of withdrawal does not apply to business customers (companies).

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.
Contrary to the previous paragraph, the seller can offer products or services whose prices are subject to fluctuations in the financial market and where the seller has no influence, with variable prices. This dependence on 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 agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement 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 right to terminate the agreement as of the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing 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 agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the seller also guarantees that the product is suitable for other than normal use.
A guarantee provided by the seller, manufacturer, or importer does not affect the statutory rights and claims that the buyer can assert against the seller under the agreement.
Any defects or incorrectly delivered products must be reported to the seller in writing within 2 weeks of delivery. Return of the products must be in the original packaging and in new condition.
The seller's warranty period 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 has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the seller's instructions and/or treated on the packaging;
The defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The seller will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the buyer has made known to the company.
With due observance of the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the buyer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the buyer will be informed of this no later than 30 days after placing the order. In such cases, the buyer has the right to terminate the agreement without cost. The buyer is not entitled to compensation.
All delivery times are indicative. The buyer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the buyer to compensation.
In case 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 make an effort to provide a replacement article. No later than at the time of delivery, it will be stated clearly and understandably that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The cost of any return shipment will be borne by 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 disclosed representative to the seller, unless explicitly agreed otherwise.

Article 12 - Payment

Unless otherwise agreed, the amounts owed by the buyer must be paid within 14 working days after the start of the cooling-off period referred to in article 6 paragraph 1.
The buyer is obliged to immediately report inaccuracies in payment details provided or stated to the seller.
In case of non-payment by the buyer, the seller has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the buyer.

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 agreement must be submitted fully and clearly described to the seller within 7 days after the buyer has discovered 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 foreseeable longer processing time, the seller will respond within the 14-day period with a notice of receipt and an indication when the buyer can expect a more detailed answer.
If a complaint is found to be justified by the seller, the seller will, at his discretion, replace or repair the delivered products free of charge.

Article 14 - Intellectual property rights

Everything on this website, including but not limited to images, texts, photos, designs, icons, and illustrations, except for all that is already protected under an existing copyright or other intellectual property right, is the property of the seller and/or its owners or (business) partners.
Prior written permission from the seller is required if you wish to reproduce, publish, change, upload, (mail) send, distribute, or otherwise make public anything from this website.
The trademarks and logos used and displayed on this site are trademarks of the seller and others.
Nothing on this site can be seen or interpreted as permission, implicitly or otherwise, as a license or right to use a trademark of or displayed on this site without prior written permission from the owner of that trademark.
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 and conditions are expressly reserved to the seller.

Article 15 - Disputes

Agreements between the seller and the buyer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the buyer resides abroad.

Article 16 - Retention of title

All products delivered by the seller remain the property of the seller until the buyer has fulfilled all obligations under all agreements concluded with the seller.
The buyer is not authorized to pledge or otherwise encumber the items covered by the retention of title.
If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the buyer is obliged to inform the seller as soon as may reasonably be expected.
In the event that the seller wishes to exercise his ownership rights indicated in this article, the buyer now unconditionally and irrevocably authorizes the seller or third parties designated by him to enter all those places where the seller's properties are located and to take back those items.

Article 17 - Liability

The seller is not liable for damage caused by incorrect use of the delivered products.
The seller is not liable for damage caused by non-compliance with the user instructions provided with the products.
The seller is not liable for consequential damages, including but not limited to damage caused by product failure.
The limitations of liability as described in this article do not apply if the damage is due to intent or gross negligence on the part of the seller or his subordinate managers.

Article 18 - Additional or deviating provisions

Additional or deviating 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 way that they can be stored by the buyer in an accessible manner on a durable medium.