Terms and conditions
1. Definitions
In these Terms and Conditions, the following terms are used according to the meaning below, unless expressly stated otherwise.
- Terms and Conditions: the general terms and conditions as stated below.
- Autosloperij de Populier: Autosloperij de Populier B.V., registered with the Chamber of Commerce under number 24333384.
- Buyer: the person who has accepted the validity of these general terms and conditions and has made the purchase.
- Product: all vehicles and vehicle parts, in whatever form or condition, delivered by Autosloperij de Populier to the buyer.
- Order: any purchase agreement for a vehicle or vehicle part, made orally or in writing between Autosloperij de Populier and the buyer.
- Price: the financial compensation agreed with the buyer for fulfillment of the order.
2. Applicability
2.1 These general terms and conditions apply to all products of and agreements between Autosloperij de Populier, the seller, and the buyer, for the sale and/or delivery of used vehicles and used vehicle parts and for the fulfillment of these agreements.
2.2 All offers made by Autosloperij de Populier, by whatever name and in whatever manner, are without obligations, unless expressly stated otherwise and/or in writing. An agreement can only be finalized by a written confirmation and/or signature from Autosloperij de Populier.
3. Agreement and prices
3.1 Unless stated otherwise in writing, all prices quoted by Autosloperij de Populier are in Euro, and are subject to the margin scheme for VAT on second-hand goods.
3.2 The purchase of a (second-hand) vehicle can be indicated verbally, but the agreement is not effective until a down payment has been made. At all times, the agreement will also be recorded in writing and/or electronically in a purchase contract. Both parties will receive a copy of this purchase contract.
3.3 The purchase contract shall include at least the following information:
- Buyer’s data
- Type of car
- Car details (brand, type, registration number, chassis number, color)
- Agreed sales price
- Down payment, if any
- Price of the car offered for trade-in by the buyer
- Method of payment
3.4 Autosloperij de Populier may agree to the buyer offering a car for trade-in. In this case, the parties agree on a trade-in price and this will be specifically stated on the purchase contract.
3.5 If there is an increase in the price of the product sold, between the time of the offer by Autosloperij de Populier and the time of the finalization of the agreement and delivery, Autosloperij de Populier is entitled to increase the sales price based on this.
4. Payment and delivery
4.1 Used vehicle parts must be disassembled and collected at the visiting address of Autosloperij de Populier. On site, payment for these parts must be made in Euro, by cash or debit card.
4.2 Payment of the purchase price for a vehicle must be made in advance, or upon delivery of the vehicle. This may be done in Euro, by cash payment or by debit card or by transferring the amount in advance to the bank account of Autosloperij de Populier.
4.3 If the buyer decides to purchase a vehicle and it comes to an agreement, the buyer must make a down payment or pay the full amount immediately.
4.4 If it has been specifically agreed with a business buyer that the full amount or part thereof will be paid in arrears, the buyer must pay the amount due within 14 days of receiving the invoice. If the invoice is not paid within 14 days, the buyer will receive a payment reminder asking them to pay the outstanding amount within 8 days.
4.5 After the reminder period has expired, the buyer is legally in default and a third party will be engaged to collect the outstanding amount. The additional collection costs in this case will be payable by the buyer.
4.6 It is possible for the buyer to finance the purchase of a vehicle. This will be done by a third party. Autosloperij de Populier only serves as an intermediary for this and is not liable for any agreements between the financing party and the buyer.
4.7 When an agreement is made with the buyer, a deadline for delivery is also agreed upon. In most cases, delivery takes place immediately. The delivery time may vary per vehicle, but will take place as soon as possible.
4.8 Most of the cars on offer still have a valid PTI (Periodic Technical Inspection). If this is not the case, the buyer can ask Autosloperij de Populier for available options to get a new PTI.
5. Vehicle procurement
5.1 If Autosloperij de Populier makes an offer on a vehicle to add this to the company’s stock, the offer is only valid at the time the offer is made. The offer may be valid for a longer period of time if this is indicated by Autosloperij de Populier.
5.2 The car to be purchased does not become the property of Autosloperij de Populier until the actual delivery has taken place. Until that moment, the car to be purchased is still the responsibility of the seller and all risks and costs are borne by the seller. This includes the costs of maintenance and any damages, whatever the cause, including damages that occur when no full registration certificate can be produced.
6. Retention of ownership
6.1 Autosloperij de Populier remains the owner of the goods sold by them to the buyer, as long as the buyer has not paid the total amount due under the agreement in full. The buyer is obliged to act with due care and is not entitled to hand over the goods to third parties, to hand them over as collateral or to remove them from the location where they are kept, until the entire purchase price and any associated interest and costs have been paid in full.
7. Liability
7.1 Entering the premises is done entirely at one’s own risk, under the strict condition that the house rules for entry must be/are observed. The buyer must report to the front desk before entering the premises and strictly follow the house rules at the time of the visit. The buyer must use the accessible paths on the premises.
7.2 If Autosloperij de Populier should be liable, this liability is limited to what is regulated in this statement.
7.3 Autosloperij de Populier is not liable to the buyer or third parties for direct or indirect damages or losses of any kind related to the agreement or the fulfillment thereof, as well as for protruding parts on the premises.
7.4 Autosloperij de Populier is not liable for damages of any kind, that are caused by Autosloperij de Populier relying on incorrect and/or incomplete information that was provided by or on behalf of the buyer.
7.5 User shall only be liable for direct damages. Direct damages are exclusively understood to mean:
- The reasonable costs to determine the cause and extent of the damage, to the extent that the determination relates to damages within the meaning of these terms and conditions;
- Any reasonable costs incurred to demonstrate the defective performance of Autosloperij de Populier with respect to the agreement, or to the extent they can be attributed to Autosloperij de Populier;
- The reasonable costs incurred to prevent or limit damages, insofar as the buyer demonstrates that these costs have resulted in limiting direct damages as referred to in these general terms and conditions.
7.6 Autosloperij de Populier is never liable for any damages caused by a product sold by Autosloperij de Populier, if this product has been built in, removed, assembled, used or the like by a third party not commissioned by Autosloperij de Populier.
7.7 Autosloperij de Populier shall never be liable for indirect damages, including consequential damages, loss of profit, missed savings and damages due to business stagnation or other. In the case of consumer sales, this limitation does not extend beyond what is permitted under Article 7:24(2) of the Dutch Civil Code.
7.8 If Autosloperij de Populier should be liable for any damages, the liability of Autosloperij de Populier is limited to the invoice value of the order, at least to that part of the order to which the liability relates.
7.9 The liability of Autosloperij de Populier shall in any case always be limited to the amount of the payment made by its insurer in the relevant case.
7.10 The buyer cannot claim reimbursement of costs for installation, removal, assembly, disassembly, transportation or other expenses incurred.
8. Statute of limitations
8.1 Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against Autosloperij de Populier and the third parties involved by Autosloperij de Populier in the fulfillment of an agreement is one year.
8.2 The provisions of paragraph 8.1 do not apply to legal claims and defenses based on facts that would justify the assertion that the delivered goods do not comply with the agreement. Such claims and defenses become time-barred two years after the purchaser has notified Autosloperij de Populier of such non-conformity.
8.3 The parties will only appeal to the Dutch courts after they have made every effort to settle a dispute by mutual agreement.
9. Warranty
9.1 Vehicle parts must be disassembled from the car by the buyer himself. The prices of the parts are based on this. Therefore, no warranty is given on vehicle parts.
9.2 Vehicles on offer are very competitively priced and therefore come without warranty.
9.3 In specific cases, the buyer and Autosloperij de Populier can agree to deliver the car including warranty. In this case, the right to warranty cannot be transferred to third parties.
9.4 In the event that a warranty has been agreed upon, the buyer must report to Autosloperij de Populier with the invoice at all times, if something is wrong with the car within the warranty period. If necessary, Autosloperij de Populier will perform repair work on the car itself.
9.5 If, within an agreed warranty period, the buyer has the car repaired by a third party without the permission of Autosloperij de Populier, Autosloperij de Populier will not cover these costs.
9.6 If there are costs associated with the repair, that are not eligible for warranty, these will be disclosed to the buyer prior to the repair.
9.7 Autosloperij de Populier may exercise the lien on the car, if and for as long as:
a) The buyer does not pay the cost of the work on the car in full;
b) The buyer has not yet paid previous bills or not paid them in full to Autosloperij de Populier.
10. Applicable law
10.1 All legal relationships to which Autosloperij de Populier is a party shall be governed exclusively by Dutch law, even if an obligation abroad is performed wholly or partly or if the party involved in the legal relationship resides abroad. The applicability of the Vienna Sales Convention is excluded.