General

General terms and conditions KINGAUTO

Article 1 Definitions

KINGAUTO is a sole proprietorship that aims to sell towbars and other car accessories.
In these General Terms and Conditions, 'General Terms and Conditions' means: these General Terms and Conditions.
In these General Terms and Conditions, 'Customer' is defined as: the natural person who does not act for purposes related to his business or professional activity (hereinafter: Consumer) or the natural person or legal entity who acts in the exercise of his business or professional activity (hereinafter: Business Customer) and uses the Services of KINGAUTO.
In these General Terms and Conditions, 'Parties', and each individually as 'Party', means: KINGAUTO and/or Customer.
In these General Terms and Conditions, 'Agreement' is defined as: the Agreement concluded between KINGAUTO and the Customer, whether or not concluded in the context of an organized system for distance sales or services, whereby exclusive use is made of one or more means of remote communication, whereby KINGAUTO undertakes to the Customer to provide Services and deliver Products and the Customer undertakes to pay a price for this. The Agreement is concluded by an offer from KINGAUTO and its acceptance by the Customer, which is further specified in Articles 4.3 and 4.4 of these General Terms and Conditions.
In these General Terms and Conditions, 'Services' means: all Services provided to the Customer by KINGAUTO and/or third parties engaged by it, including the sale of towbars and other car accessories, and Products supplied as well as all other products supplied by KINGAUTO on behalf of the Customer. work carried out, of whatever nature, carried out in the context of an assignment, including work that is not carried out at the express request of the Customer.
In these General Terms and Conditions, 'Products' means: all Products supplied to the Customer by KINGAUTO and/or third parties engaged by it, including towbars and other car accessories, which are offered on the Website and may or may not have been made by KINGAUTO itself. .
In these General Terms and Conditions, 'Website' means: the KINGAUTO Website, which can be consulted via https://trekhaakkorting.nl/.

Article 2 Identity of KINGAUTO

KINGAUTO is registered with the Chamber of Commerce under number 76183149 and carries VAT identification number NL 003060364B44. KINGAUTO is located at Bouvigne 79 (5653 LG) in Eindhoven.
KINGAUTO can be reached by e-mail at info@trekhaakkorting.nl or via the Website https://trekhaakkorting.nl/ and by telephone at +31683586402.

Article 3 Applicability of the General Terms and Conditions

The General Terms and Conditions apply to every offer from KINGAUTO and to all current and future Agreements, deliveries, commercial relationships and other legal relationships between the Parties. The Customer's General Terms and Conditions are expressly rejected.
Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with KINGAUTO.
The applicability of the Customer's purchasing or other conditions is expressly rejected, unless expressly agreed otherwise in writing.
The General Terms and Conditions also apply to additional or amended orders from the Customer.
If it turns out that one or more provisions in these General Terms and Conditions are invalid, the validity of the other provisions of these General Terms and Conditions as well as the entire Agreement will not be affected. In such a case, the parties will endeavor to replace the invalid provision with a new, valid provision that comes as close as possible to the invalid provision within the scope of the original General Terms and Conditions.

Article 4 Offer and conclusion of Agreement

All offers on the Website are entirely without obligation, unless expressly stated otherwise.
Customer can contact KINGAUTO via the Website, e-mail or telephone for any of the Services or Products offered.
Customer can place orders on the Website. The Agreement is then concluded by placing an order.
If KINGAUTO sends a confirmation to the Customer, that confirmation provides guidance on the content and explanation of the Agreement, subject to obvious errors. KINGAUTO cannot be held to its offer if the Customer can reasonably understand that the offer, or part thereof, contains an obvious mistake or typo.
If the Customer makes notes or comments on KINGAUTO's quotation, they do not form part of the Agreement, unless KINGAUTO confirms this in writing.
An order by the Customer that has not been preceded by a written quotation requires written acceptance by KINGAUTO.

Article 5 Execution of the Agreement

KINGAUTO will endeavor to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as well as as much as possible in accordance with the written agreements.
KINGAUTO has the right to have certain work carried out by third parties.
When engaging third parties, KINGAUTO will exercise due care and consult with the Customer when selecting these third parties, as much as is reasonably possible and customary in the relationship with the Customer. The costs of engaging these third parties will be borne by the Customer and will be charged by KINGAUTO to the Customer.
The Agreement can only be executed by KINGAUTO if the Customer provides complete and correct (contact) details to KINGAUTO when concluding the Agreement. The Customer therefore ensures that all information that KINGAUTO indicates is necessary or of which the Customer should reasonably understand that it is necessary for the execution of the Agreement, is provided to KINGAUTO in a timely manner.
The Customer ensures that KINGAUTO can provide its Services in a timely and proper manner. If the Customer does not comply with his agreements in this regard, he is obliged to compensate the resulting damage.
If a term has been agreed or specified for the performance of Services or delivery of Products, this is never a strict deadline. If a term is exceeded, the Customer must give KINGAUTO written notice of default. KINGAUTO must be offered a reasonable period to still implement the Agreement.

Article 6 Amendment to the Agreement

If during the execution of the Agreement it appears that it is necessary to change or supplement it for its proper execution, KINGAUTO and the Customer will adjust the Agreement in a timely manner and in mutual consultation.
If the Agreement is amended, including a supplement, this constitutes an additional assignment. A separate fee agreement will be made in advance for this additional assignment. Without an additional quotation, the original conditions apply, with the additional Services being paid at the agreed rate.
Failure to execute the amended Agreement or not immediately execute it does not constitute a breach of contract on the part of KINGAUTO and is not a reason for the Customer to terminate or dissolve the Agreement.
Changes to the originally concluded Agreement between KINGAUTO and the Customer are only valid from the moment these changes have been accepted by both Parties by means of an additional or amended Agreement. This change will be made in writing.

Article 7 Suspension, dissolution and premature termination of the Agreement

KINGAUTO is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if the Customer does not fulfill the obligations under the Agreement, does not fully or does not fulfill them on time, or if KINGAUTO has good reason to fear that the Customer will fail to fulfill those obligations, provided that KINGAUTO has given notice of default to the Customer by means of a written reminder, whereby the Customer is given a reasonable period for compliance with the obligations, and compliance is not complied with within this period.
Furthermore, KINGAUTO is entitled to terminate the Agreement, under the same conditions as referred to in paragraph 1 of this Article, if circumstances arise that are of such a nature that compliance with the Agreement is impossible or unchanged maintenance of the Agreement cannot reasonably be required.
If the Customer does not fulfill its obligations arising from the Agreement, this non-compliance justifies termination and the Customer is in default, then KINGAUTO is entitled to immediately and with immediate effect terminate the Agreement by means of a written statement to the Customer, whereby the Customer, pursuant to of breach of contract, compensation or compensation is required.

Article 8 Right of withdrawal and return of Products

The consumer has the right to cancel a distance contract within 14 (fourteen) days free of charge and without giving a reason (Right of Withdrawal).
This Article only applies to a Distance Agreement concluded with the Consumer. The Business Customer therefore has no right of withdrawal.
In the Agreement regarding the provision of Services, the period of the Right of Withdrawal starts on the day the Agreement is concluded.
For the Consumer, the Agreement can no longer be canceled if KINGAUTO fully delivers the Services within the 14 (fourteen) days cooling-off period. When concluding the Agreement, the Consumer grants permission to KINGAUTO for this and declares that he waives the Right of Withdrawal.
Furthermore, the Consumer retains the Right of Withdrawal if the delivery of the Services, at the Consumer's request, takes place partly within the 14 (fourteen) days cooling-off period. However, the Consumer is obliged to pay for the Services already provided.
In the case of an Agreement relating to the delivery of Products, the period of the Right of Withdrawal starts for the Consumer, or a third party designated by the Consumer who is not the carrier, on the day on which he:

has received the Product;
has received the last Product if the Consumer has ordered multiple Products in the same order that are delivered separately;
has received the last shipment or part if the delivery of the Product consists of several shipments or parts; or
The first Product has been received under Agreements for regular delivery of Products during a certain period.

If the Consumer exercises the Right of Withdrawal within the withdrawal period referred to in paragraph 1 of this Article, KINGAUTO will fully refund the entire amount paid by the Consumer, including shipping costs, within 14 (fourteen) days after receipt of the Product.
After the withdrawal period, free returns are only possible if the Consumer can prove that damage occurred to the Product upon arrival of the order that was not caused by the Consumer. The Consumer is subject to a legal presumption of proof, which means that if the Product deviates from the Agreement within 12 (twelve) months of receipt, it is presumed that the Product did not comply with the Agreement upon delivery.
During the withdrawal period referred to in paragraph 1 of this Article, the Consumer is obliged to handle the received Product and its packaging with care. Consumer will only use the Product and open the packaging only to the extent necessary to inspect the Product. The basic principle here is that the Consumer may not inspect the Product further than would be done in a physical store. If the Consumer decides to return the Product and it is not necessary to remove the packaging, KINGAUTO requests that he refrain from doing so.
The Consumer is only liable for depreciation of the Product if this is the result of inspection actions that go beyond the procedure referred to in paragraph 8 of this Article.
Consumer can return the Product via a postal company of his choice. The costs of return will be borne by the Customer.
KINGAUTO is obliged to provide the Consumer with a returns form for a distance Agreement or to offer it via the Website. If the Consumer wishes to return the order, the Consumer can complete the returns form. The Consumer is also free to inform KINGAUTO in another unequivocal manner that he wishes to terminate the Distance Agreement.
If the Consumer completes the return form electronically or otherwise informs KINGAUTO electronically that he wishes to terminate the Distance Agreement, KINGAUTO will immediately confirm receipt of this on a durable data carrier.

Article 9 Cancellation

Business Customer can cancel free of charge within 14 (fourteen) days after placing the order.

Article 10 Costs, remuneration and payment

All amounts stated in the quotation are in euros and include VAT for the Consumer, unless stated otherwise.
All amounts stated in the quotation are in euros and exclusive of VAT for the Business Customer, unless stated otherwise.
The amounts in the Webshop include VAT and exclude shipping costs, unless stated otherwise. KINGAUTO will inform the Customer of the shipping costs clearly and in a timely manner before concluding the Agreement.
KINGAUTO has the right to correct apparent errors in the quotation.
Payment is made via Mollie. When paying for Products, the Consumer is only obliged to pay in advance a maximum of half of the purchase price.
The invoice must be paid by the Customer within 14 (fourteen) days.
For small products, KINGAUTO charges €15 in shipping costs. KINGAUTO charges €22 in shipping costs for towbars.
Customer has the obligation to immediately inform KINGAUTO of any inaccuracies in the stated or provided payment details.
If the Customer fails to pay an invoice on time, the Customer is legally in default, without further notice of default being required. The customer will then owe the statutory interest. The interest on the amount due will be calculated from the moment that the Customer is in default until the moment of payment of the full amount due.
If KINGAUTO decides to collect a claim for non-payment of one or more unpaid invoices through legal means, the Customer is, in addition to the principal amount owed and the interest referred to in Article 10.9, also obliged to reimburse all judicial and extrajudicial costs reasonably incurred. . The reimbursement of judicial and extrajudicial costs incurred will be determined in accordance with the then applicable Decree that relates to reimbursement for extrajudicial collection costs.

Article 11 Delivery

Once the order has been received by KINGAUTO, KINGAUTO will send the Products as quickly as possible, taking into account the delivery period, to the address that the Customer has communicated to KINGAUTO. KINGAUTO's delivery period is in principle 7 (seven) working days.
If KINGAUTO cannot deliver the Products within the agreed delivery period, it will inform the Customer as soon as possible. KINGAUTO is entitled to agree on a new delivery date in mutual consultation with the Customer, provided that the Customer agrees to this.
The Products are at the buyer's risk from the moment the Products are delivered to the Customer by KINGAUTO or a carrier designated by him at the specified delivery address.
Unless otherwise agreed in writing, shipping takes place from Italy or Poland.
KINGAUTO determines the method of transport and packaging itself. KINGAUTO can choose to have the Products delivered via PostNL or another postal deliverer, but can also choose to deliver the Products personally.
If the Products are available to the Customer after the delivery time has expired but are not purchased by him, the Products will be stored at his disposal at his risk and expense, regardless of the reason for non-acceptance.
If the delivered Product does not materially comply with the Agreement or if a Product is lost or received damaged, a suitable solution will be sought in joint consultation. In such a case, the Customer has the right towards KINGAUTO to:

Demand delivery of the missing part or Product;
To demand repair of the delivered Product, provided that KINGAUTO can reasonably comply with this;
To demand replacement of the Product, unless the deviation from the Agreement is too minor to justify this, or the Product has been destroyed or deteriorated after the time at which the Customer could reasonably have expected termination of the Agreement because the Customer as the debtor did not carefully ensure the preservation of the Product;
To terminate the Agreement, unless the deviation from the Agreement does not justify termination given its minor significance; or
To reduce the price in proportion to the degree of deviation from the Agreement.

The rights under paragraph 7 under IV and V of this Article only arise if repair and replacement of the delivered Products is impossible or cannot be required of KINGAUTO, or if KINGAUTO has failed to fulfill its obligations to repair or replace the delivered Products. within a reasonable period.
If the Customer requires replacement of the Product, as referred to in paragraph 7(iii) of this Article, and the ordered Product is no longer available, KINGAUTO is entitled to supply the Customer with a similar Product of the same or similar quality.

Article 12 Retention of title

All goods delivered by KINGAUTO remain the property of KINGAUTO as long as these goods have not been paid for or have not been fully paid for.
To the extent that KINGAUTO's retention of title is extinguished by the formation of a property or otherwise, KINGAUTO reserves the right to establish a non-possessory lien on an item to secure everything that the Customer still owes or will owe to KINGAUTO. Customer must establish this non-possessory lien at KINGAUTO's first request.

Article 13 Liability

This Article only applies to an Agreement concluded with the Business Customer.
Paragraphs 13.7, 13.9-13.14 apply mutatis mutandis to an Agreement concluded with the Consumer.
Business Customer is responsible for providing correct and representative data and information necessary for the execution of the Agreement. KINGAUTO is not liable for damage, including due to an incorrect order, if the Business Customer has provided incorrect, unrepresentative or irrelevant data.
The delivery period as mentioned in Article 11.1 can only be given approximately. Although every effort will be made to meet the delivery term, KINGAUTO is never liable for the consequences of exceeding the term stated there. Exceeding the term does not give the Business Customer the right to cancel the Agreement, or to refuse receipt or payment of the Products, nor does KINGAUTO owe any compensation to the Business Customer.
KINGAUTO is not liable for errors or omissions of third parties engaged by it. By using KINGAUTO's Services, the Business Customer grants KINGAUTO the authority, if a third party engaged by KINGAUTO wishes to limit its liability, to accept that limitation of liability also on behalf of the Business Customer.
KINGAUTO is not liable for any damage caused to the Products during transport, in accordance with Article 11 paragraph 4 of these General Terms and Conditions.
KINGAUTO is not liable for indirect damage, including but not limited to consequential damage.
KINGAUTO is not liable for any errors on the Website.
KINGAUTO is not liable for failure to meet the obligations arising from the Agreement or to fail to do so on time, if this is caused by force majeure as referred to in Article 14.
The Customer indemnifies KINGAUTO against claims from third parties, of any nature whatsoever, related to the Services.
If KINGAUTO is held liable, it will only be liable for direct damage actually incurred, paid or suffered by the Customer due to a demonstrable failure to fulfill KINGAUTO's obligations with regard to its Services.
KINGAUTO's liability is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if KINGAUTO is not insured, liability is limited to the amount paid by the Customer.
The limitation of liability as described in this Article does not apply in the event of intent or deliberate recklessness on the part of KINGAUTO.
This provision does not exclude liability to the extent that liability may not be limited or excluded by law.

Article 14 Force majeure

Force majeure means all external causes, beyond the control or actions of KINGAUTO, as a result of which timely, complete or correct fulfillment of the Agreement is no longer possible.
Force majeure as referred to in the previous paragraph of this Article also includes, but is not limited to: non-compliance by a third party, illness of (staff of) KINGAUTO itself or a third party, abnormal weather conditions, disruptions in water and energy supplies , strikes, serious disruptions in KINGAUTO's systems, fire, floods, natural disasters, pandemics, riots, war or other civil unrest.
In the event of force majeure, performance of the Agreement will be suspended as long as the force majeure continues.
In the event of force majeure resulting in one of the Parties failing to fulfill its obligations under the Agreement, the other Party is entitled to terminate the Agreement without judicial intervention. In such a case, KINGAUTO will refund any amounts paid, minus all costs incurred by KINGAUTO in relation to the Agreement.

Article 15 Guarantee

KINGAUTO offers a guarantee for the Products it supplies against material and manufacturing defects. The warranty means that KINGAUTO will repair the faults to the best of its ability and, if necessary, replace it free of charge. Defects must be reported in writing to KINGAUTO.
The warranty does not apply if the errors are wholly or partly the result of incorrect, improper, careless use, use for purposes other than normal or external causes, including but not limited to fire or water damage.
The warranty also does not apply if the Products have been modified or maintained by third parties.
The warranty period is 1 (one) or 2 (two) years depending on the Product from the time of delivery, unless otherwise agreed.
If KINGAUTO carries out repair work that falls outside the framework stated in this Article, the costs will be borne by KINGAUTO in accordance with the law.
The provisions of the General Terms and Conditions regarding warranty do not affect the Customer's warranty claims under the law.

Article 16 Advertising

Customer is obliged to inspect or have inspected the delivered Product at the time of delivery, at least within the shortest possible period. The Customer must investigate whether the quality and quantity of the delivered goods correspond with what is stipulated in the Agreement.
Errors or inaccuracies that may be discovered during an initial inspection, taking into account the requirements of reasonableness and fairness, must be reported to KINGAUTO in writing within 14 (fourteen) working days after receipt of the Products, with delivery of the proof of purchase, unless this is impossible. or is unreasonably onerous.
Other complaints, including complaints that could not be detected during an initial inspection, must be reported in writing to KINGAUTO within one month at the latest in accordance with the provisions of paragraph 2 of this Article. The Customer is subject to a legal presumption of proof that if the Product deviates from the Agreement within 12 (twelve) months of receipt, it is presumed that the product did not comply with the Agreement upon delivery.

Article 17 Confidentiality of data

Each of the Parties guarantees that all information received from the other Party that it knows or should know is of a confidential nature will remain secret. The Party that receives confidential information will only use it for the purpose for which it was provided. Data will in any case be considered confidential if it has been designated as such by one of the Parties. KINGAUTO cannot be held to this if the provision of data to a third party is necessary pursuant to a court decision, a legal regulation or for the correct execution of the agreement.

Article 18 Intellectual property

KINGAUTO reserves the rights and powers that accrue to it under the Copyright Act.
Customer guarantees that no rights of third parties oppose data being made available to KINGAUTO. Customer will indemnify KINGAUTO against any action based on the allegation that such making available, use, editing, installation or incorporation infringes any right of third parties.

Article 19 Complaints procedure

If the Customer has a complaint, the Customer must send this in writing to info@trekhaakkorting.nl or report it by telephone at +31683586402. If reasonably possible, the complaint will be processed 5 (five) working days after receipt of the complaint by KINGAUTO, after which the Customer will receive a substantive response as soon as possible.
Customer also has the option to submit a complaint to the Disputes Committee via the European ODR Platform, which can be found on the website http://ec.europa.eu/consumers/odr/.

Article 20 Amendment clause

KINGAUTO reserves the right to change or supplement these General Terms and Conditions at any time. KINGAUTO will inform the Customer of this in a timely manner.
The amended General Terms and Conditions apply to the Agreement one month after notification to the Customer.
The Consumer has the option to terminate the Agreement no later than the day on which the amended General Terms and Conditions come into effect if the changes result in KINGAUTO being able to provide Services or Products that are essentially different from those agreed between the Parties when concluding the Agreement. agreed.

Article 21 Applicable law and competent court

Dutch law applies to the legal relationship(s) between KINGAUTO and its Customer.
All disputes that may arise between KINGAUTO and the Consumer will be submitted to the competent court in the district where the Consumer has his or her place of residence.
All disputes that may arise between KINGAUTO and the Business Customer will be submitted to the Eindhoven court.