TERMS AND CONDITIONS

Artikel 1. Toepasselijkheid
1.1 These General Terms and Conditions of Sale (hereinafter: Conditions) apply to all offers, orders and agreements of Marcel Kappen, Mercedes Classic Parts and will be sent by us on request.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Terms and Conditions can only be deviated from in writing, in which case the other provisions will remain in full force and effect.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements on behalf of Marcel Kappen, Mercedes Classic Parts, are also stipulated for the benefit of intermediaries and other third parties engaged by Marcel Kappen, Mercedes Classic Parts.

Artikel 2. Aanbiedingen/overeenkomsten
2.1 All offers from Marcel Kappen, Mercedes Classic Parts are without obligation and Marcel Kappen, Mercedes Classic Parts expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
2.2 An agreement is only concluded after acceptance of your order by Marcel Kappen, Mercedes Classic Parts. Marcel Kappen, Mercedes Classic Parts is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Marcel Kappen, Mercedes Classic Parts will notify this within ten (10) working days after receipt of the order.

Artikel 3. Prijzen en betalingen
3.1 The prices stated for the products and services offered are in euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
3.2 Payment must be made without discount or compensation in the manner selected by you in the order screen.
3.3 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by Marcel Kappen, Mercedes Classic Parts.

Artikel 4. Levering
4.1 The delivery times specified by Marcel Kappen, Mercedes Classic Parts are only indicative. Exceeding any delivery term does not entitle you to compensation, nor the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery term is such that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary.
4.2 The products will be delivered at the place and time at which the products are ready for dispatch to you.

Artikel 5. Eigendomsvoorbehoud
5.1 The ownership of the delivered products is only transferred if you have paid all that you owe to Marcel Kappen, Mercedes Classic Parts under any agreement. The risk with regard to the products already transfers to you at the time of delivery.

Artikel 6. Reclames en aansprakelijkheid
6.1 You have the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, you must notify Marcel Kappen, Mercedes Classic Parts thereof as soon as possible and in any case within seven (7) working days after delivery, at least after observation was reasonably possible, in writing and with reasons.
6.2 If it is demonstrated that the products do not comply with the agreement, Marcel Kappen, Mercedes Classic Parts has the choice to replace the relevant products with new products against their return or to refund the invoice value thereof.
6.3 If you do not wish to purchase a product for whatever reason, you have the right to return the product to Marcel Kappen, Mercedes Classic Parts within seven (7) working days after delivery. Returns are only accepted in this case if the packaging of the product is undamaged and the seal on the packaging has not been broken, whereby the costs for returns are also for your account.

Artikel 7. Bestellingen/communicatie
7.1 For misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between you and Marcel Kappen, Mercedes Classic Parts, or between Marcel Kappen, Mercedes Classic Parts and third parties , insofar as it relates to the relationship between you and Marcel Kappen, Mercedes Classic Parts, Marcel Kappen, Mercedes Classic Parts is not liable, unless and insofar as there is intent or gross negligence on the part of Marcel Kappen, Mercedes Classic Parts.

Artikel 8. Overmacht
8.1 Without prejudice to its other rights, Marcel Kappen, Mercedes Classic Parts has the right, in case of force majeure, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, at its own discretion, such by you to communicate this in writing and without Marcel Kappen, Mercedes Classic Parts being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
8.2 Force majeure is understood to mean any shortcoming that cannot be attributed to Marcel Kappen, Mercedes Classic Parts, because it is not due to its fault and is not for its account under the law, legal act or generally accepted standards.

Artikel 9. Diversen
9.1 If you provide an address to Marcel Kappen, Mercedes Classic Parts in writing, Marcel Kappen, Mercedes Classic Parts is entitled to send all orders to that address, unless you provide Marcel Kappen, Mercedes Classic Parts in writing with another address to which your orders should be shipped.
9.2 If Marcel Kappen, Mercedes Classic Parts, for a short or longer period of time, tacitly or otherwise, allows deviations from these Terms and Conditions, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any right on the grounds that Marcel Kappen, Mercedes Classic Parts applies these Conditions flexibly.
9.3 If one or more of the provisions of these Terms and Conditions or any other agreement with Marcel Kappen, Mercedes Classic Parts should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by one provided by Marcel Kappen, Mercedes Classic Parts to establish new legally permissible comparable provision.
9.4 Marcel Kappen, Mercedes Classic Parts is authorized to use third parties for the execution of your order(s).

Artikel 10. Toepasselijk recht en bevoegde rechter
10.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.
10.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.