General conditions of the Occasion Shop
1. General
1.1 These terms and conditions apply to all offers from the Occasion Shop. The conditions are accessible to everyone and included on the website of Occasion-shop. On request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Occasion-shop reserves the right to change it's delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Occasion-shop.
1.4 Occasion-shop guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery takes place while stocks last.
2.2 In the context of the rules of distance purchase, Occasion Shop will execute orders at least within 30 days. If this is not possible (because the order is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially executed, then the consumer will receive within 1 month after placing the order message and in that case he has the right to cancel the order without costs and notice of default.
2.3 The obligation to deliver from Occasion-shop will be met, subject to proof to the contrary, as soon as the goods delivered by Occasion-shop have once been offered to the buyer. For home delivery, the report of the carrier, including the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All periods mentioned on the website are indicative. No rights can, therefore, be derived from the aforementioned periods.
3. Prices
3.1 Prices are not increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in EURO and include 21% VAT.
4. View period/right of withdrawal
4.1 In the event of consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 7 working days without giving a reason. This period starts when the ordered items have been delivered. If the buyer has not returned the goods delivered to Occasion Shop after this period, the purchase is a fact. Before proceeding to return, the customer is obliged to report this in writing to the Occasion Shop within a period of 7 working days after delivery. The customer must prove that the goods delivered were returned on time, for example by means of proof of mail delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in a state as described. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph expires. With due observance of the provisions in the previous sentence, Occasion-shop ensures that within 30 days after good receipt of the return shipment, the full purchase amount excluding the calculated shipping costs will be reimbursed to the customer. The return of the delivered goods is entirely for the account and risk of the buyer.
4.2 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services.
4.3 The right of withdrawal does not apply to:
services whose performance, with the consent of the consumer, has begun for the period of seven working days
goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence
goods that have been manufactured according to the consumer's specifications, for example, custom work, or that have a clear personal character
for goods or services that cannot be returned due to their nature, e.g. i.v.m. hygiene or that can spoil or age quickly
audio and video recordings and computer software of which the consumer has broken the seal
the delivery of newspapers and magazines; for the services of betting and lotteries
5. Data management
5.1 If you place an order with Occasion-shop, your details will be included in the customer base of Occasion-shop. Occasion-shop adheres to the Data Protection Act and will not provide your information to third parties. See our Privacy Policy.
5.2 Occasion-shop respects the privacy of the users of the website and ensures the confidentiality of your personal information.
5.3 Occasion shop sometimes uses a mailing list. Each mailing contains instructions to remove yourself from this list.
6. Warranty
6.1 Occasion-shop guarantees that the new products delivered by it meet the requirements of usability, reliability and service life as they are reasonably intended by the parties to the purchase agreement, and thereby guarantee the factory warranty for the product delivered to you. Used and old products come with only a 1-month warranty unless the product still has a factory warranty.
Occasion Shop is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.2 Used products and long-term products supplied by Occasion-shop that are no longer covered by the factory warranty are delivered by Occasion-shop with only a 1-month warranty. Factory warranty only applies to used and/or old products unless explicitly indicated in the purchase agreement by Occasion-shop.
6.3 The buyer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to Occasion-shop) must immediately report these defects in writing to Occasion-shop. Any defects or incorrectly delivered goods must and can be reported to Occasion-shop in writing up to a maximum of 2 months after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after the discovery of a defect, damage arising after the discovery of a defect, encumberment and/or resale after the discovery of a defect, completely voids this right to complain and return.
6.4 If the customer's complaints are found to be justified by Occasion-shop, Occasion-shop will, at its option, replace the delivered goods free of charge or make a written arrangement with the customer about compensation, provided that the liability of Occasion-shop and provided that the amount of compensation is always limited to at most the invoice amount of the goods in question, or (at the option of Occasion-shop) to the maximum amount covered by the liability insurance of Occasion-shop in the relevant case. Any liability of Occasion-shop for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 Occasion Shop is not liable for damage caused by intent or equivalent recklessness of non-managerial staff.
6.6 This guarantee does not apply if A) and as long as the customer is in default with regard to the Occasion Shop; B) the customer has parried and/or modified the delivered goods himself or had them repaired and/or modified by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise carelessly treated or have been treated contrary to the instructions of the Occasion Shop and/or instructions on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has set or will make with regard to the nature or quality of the materials used;
7. Offers
7.1 Offers are without obligation unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Occasion-shop reserves the right to withdraw the offer or to deviate from it within a period of 3 working days after receipt of that acceptance.
7.3 Oral commitments only bind Occasion-shop after they have been confirmed explicitly and in writing.
7.4 Offers from the Occasion Shop do not automatically apply to repeat orders.
7.5 Occasion-shop cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only valid if agreed in writing.
8. Agreement
8.1 An agreement between Occasion-shop and a customer is established after an order assignment by Occasion-shop has been assessed for feasibility.
8.2 Occasion-shop reserves the right, without stating reasons, not to accept orders or orders or only to accept the condition that the shipment takes place on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photos, drawings, etc .; data on weights, dimensions, colors, images of labels, etc. on the website of Occasion-shop are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force majeure
10.1 Occasion Shop is not liable if and insofar as its obligations cannot be met due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be for its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of Occasion Shop as well as assistants, illness of staff, defects in aids or means of transport are expressly considered as force majeure.
10.3 In the event of force majeure, Occasion-Shop reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that implementation remains possible. Under no circumstances is Occasion Shop obliged to pay any fine or compensation.
10.4 If, when the force majeure occurs, the Occasion Shop has already partially met its obligations, or can only partially meet its obligations, it is entitled to separately invoice the already delivered or the deliverable part and the customer is obliged to pay this invoice as it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11. Liability
11.1 Occasion-shop is not liable for damage to vehicles or other objects caused by incorrect use of the products. Read the instructions on the package and/or consult our website before use.
12. Retention of title
12.1 The ownership of all items sold and delivered by Occasion-shop to the buyer remains with Occasion-shop as long as the buyer has not paid the claims of Occasion-shop under the agreement or earlier or later similar agreements, as long as the buyer does work to be performed from these or similar agreements has not yet been paid and as long as the customer has not yet paid the claims of Occasion-shop due to a shortcoming in the fulfillment of such obligations, including claims regarding fines, interest, and costs, a and others as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Occasion-shop that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The buyer is not authorized to pledge the goods that are subject to the retention of title nor to encumber them in any other way.
12.4 The customer already gives unconditional and irrevocable permission to Occasion-shop or a third party to be appointed by Occasion-shop to, in all cases where Occasion-shop wishes to exercise its ownership rights, to enter all those places where its properties will then be located and to take those things there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform Occasion-shop of this as quickly as can be reasonably expected.
12.6 The customer undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion, and water damage as well as against theft and to give the insurance policy for inspection to Occasion Shop upon first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 The competent court within the district of Bunde will take cognizance of disputes arising from an agreement between the Occasion-shop and the buyer, which cannot be resolved by mutual agreement, unless Occasion-shop prefers the difference to the competent court of submitting the place of residence of the buyer, and with the exception of those disputes that fall within the competence of the sub-district court.
Occasion shop is owned and part of:
Total Trading B.V.
Driebekenweg 4
3680 Maaseik
Belgium
Registered in the Chamber of Commerce under number: ON0737756957