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Terms and conditions

General terms and conditions Lease.auto

Email: info@lease.auto

Website: www.lease.auto

Definitions

1. Lease.auto: Lease.auto BV, established in IJsselstein under Chamber of Commerce number 66506654.

2. Customer: the person with whom Lease.auto has entered into an agreement.

3. Parties: Lease.auto and customer together.

4. Consumer: a customer who is also an individual and who acts as a private person.

Article 1 - Applicability of general terms and conditions

1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Lease.auto.

2. Parties may only deviate from these conditions if they have expressly agreed to this in writing.

3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Article 2 - Offers and quotations

1. Offers and quotations from Lease.auto are without obligation, unless expressly stated otherwise.

2. An offer or quotation is valid for a maximum of 2 weeks_________________, unless a different acceptance period is stated in the offer or quotation.

3. If the customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.

4. Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed this in writing.

Article 3 - Acceptance

1. Upon acceptance of a non-binding quotation or offer, Lease.auto reserves the right to withdraw the quotation or offer within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.

2. Oral acceptance by the customer only binds Lease.auto after the customer has confirmed this in writing (or electronically).

Article 4 - Prices

1. All prices charged by Lease.auto are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.

2. Lease.auto may change all prices that Lease.auto charges for its services and products, on its website or otherwise announced, at any time.

3. The parties agree on a total amount as a target price for services provided by Lease.auto, unless the parties have expressly agreed in writing on a fixed price, from which no deviations can be made.

4. Lease.auto is entitled to deviate from the target price by up to 10%.

5. If the target price is more than 10% higher, Lease.auto must inform the customer in a timely manner why a higher price is justified.

6. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.

7. Lease.auto has the right to adjust the prices annually.

8. Lease.auto will communicate price adjustments to the customer prior to their commencement.

9. The consumer has the right to cancel the agreement with Lease.auto if he does not agree with the price increase.

Article 6 - Payments and payment term

1. Lease.auto may require a down payment of up to 50% of the agreed amount upon entering into the agreement.

2. The customer must make subsequent payments after delivery.

3. Payment terms are considered strict payment terms. This means that if the customer has not paid the agreed amount no later than the last day of the payment term, he is legally in default and in default, without Lease.auto having to send the customer a reminder or give notice of default.

4. Lease.auto reserves the right to make delivery dependent on immediate payment or to require security for the total amount of the services or products.

Article 7 - Consequences of failure to pay on time

1. If the customer does not pay within the agreed term, Lease.auto is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.

2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Lease.auto.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, Lease.auto may suspend its obligations until the customer has met his payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Lease.auto's claims on the customer are immediately due and payable.

6. If the customer refuses to cooperate with the execution of the agreement by Lease.auto, he is still obliged to pay the agreed price to Lease.auto.

Article 8 - Right of complaint

1. As soon as the customer is in default, Lease.auto is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

2. Lease.auto invokes the right of complaint by means of a written or electronic communication.

3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Lease.auto, unless the parties make other agreements about this.

4. The costs for retrieving or returning the products will be borne by the customer.

Article 9 - Right of withdrawal

1. A consumer can cancel a purchase during a cooling-off period of 14 days without giving any reason, provided that:

· the product has not been used

· it is not a product that can spoil quickly, such as food or flowers

· it is not a product that has been tailor-made or adapted especially for the consumer

· it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

· the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)

· the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity

· the product is not a separate magazine or newspaper

· it does not concern an (order for) emergency repair

· it does not concern bets and/or lotteries

· the consumer has not waived his right of withdrawal

· it does not concern a service that is fully performed with the customer's consent within the 14 calendar day cooling-off period and where the customer has expressly declared that he waives the right of withdrawal

Furthermore, the following are excluded:

· social services and healthcare

· gambling activities

· financial services

· package holidays

· passenger transport services

immovable property (house, land)

· agreements that require a notary

· sales of products by telephone or via the internet (distance purchasing)

· agreements for an amount of less than €50

2. The reflection period of 14 days as referred to in paragraph 1 starts:

· on the day after the consumer has received the last product or part of 1 order

· as soon as the consumer has concluded the agreement for the delivery of the service

· as soon as the consumer has confirmed that he is going to purchase digital content via the internet

3. The consumer can make his or her right of withdrawal known via info@lease.auto, if desired using the withdrawal form that can be downloaded from the Lease.auto website, www.lease.auto.

4. The consumer is obliged to return the product to Lease.auto within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Article 10 - Reimbursement of delivery costs

1. If the consumer has exercised his right of withdrawal in a timely manner and as a result has returned the complete order to Lease.auto on time, Lease.auto will refund any shipping costs paid by the consumer within 14 days of receipt of the fully returned order on time. refund the consumer.

2. Delivery costs will only be borne by Lease.auto if the entire order is returned.

Article 13 - Right of withdrawal

1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

· the product has not been used

· it is not a product that can spoil quickly, such as food or flowers

· it is not a product that has been tailor-made or adapted especially for the consumer

· it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

· the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)

· the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity

· the product is not a separate magazine or newspaper

· it does not concern an (order for) emergency repair

· it does not concern bets and/or lotteries

· the consumer has not waived his right of withdrawal

· it does not concern a service that is fully performed with the customer's consent within the 14 calendar day cooling-off period and where the customer has expressly declared that he waives the right of withdrawal

2. The reflection period of 14 days as stated in paragraph 1 is sufficient md, begins:

· on the day after the consumer has received the last product or part of 1 order

· as soon as the consumer has concluded the agreement for the delivery of the service

· as soon as the consumer has confirmed that he is going to purchase digital content via the internet

3. The consumer can make his or her right of withdrawal known via info@lease.auto, if desired using the withdrawal form that can be downloaded from the Lease.auto website, www.lease.auto.

4. The consumer is obliged to return the product to Lease.auto within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Article 14 - Reimbursement of delivery costs

1. If the consumer has exercised his right of withdrawal in a timely manner and as a result has returned the complete order to Lease.auto on time, Lease.auto will refund any shipping costs paid by the consumer within 14 days of receipt of the fully returned order on time. refund the consumer.

2. Delivery costs will only be borne by Lease.auto if the entire order is returned.

Article 15 - Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the costs for returning the entire order will be borne by the consumer.

Article 17 - Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 18 - Right of retention

1. Lease.auto can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to Lease.auto, unless the customer has provided sufficient security for those costs. .

2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Lease.auto.

3. Lease.auto is never liable for any damage that the customer may suffer as a result of using his right of retention.

Article 19 - Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Lease.auto against a claim against Lease.auto.

Article 20 - Retention of title

1. Lease.auto remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Lease.auto under any agreement concluded with Lease.auto, including claims regarding failure to fulfill the obligations. compliance.

2. Until then, Lease.auto can invoke its retention of title and take back the goods.

3. Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

4. If Lease.auto invokes its retention of title, the agreement will be deemed to have been dissolved and Lease.auto has the right to claim damages, lost profits and interest.

Article 21 - Delivery

1. Delivery takes place while stocks last.

2. Delivery takes place at Lease.auto, unless the parties have agreed otherwise.

3. Delivery of products ordered online will take place at the address specified by the customer.

4. If the agreed amounts are not paid or are not paid on time, Lease.auto has the right to suspend its obligations until the agreed part has been paid.

5. Late payment constitutes a creditor's default, with the result that the customer cannot object to Lease.auto for late delivery.

Article 22 - Delivery time

1. The delivery times stated by Lease.auto are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time starts after the quotation signed for approval by the customer to Lease.auto has been confirmed to the customer in writing or electronically by Lease.auto.

3. Exceeding the specified delivery time does not entitle the customer to compensation nor the right to terminate the agreement, unless Lease.auto cannot deliver within 14 days of being notified in writing or the parties have agreed otherwise.

Article 23 - Actual delivery

The customer must ensure that the actual delivery of the products he has ordered can take place on time.

Article 24 - Transport costs

Transport costs are borne by the customer, unless the parties have agreed otherwise.

Article 25 - Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, then the customer must have the forwarder or delivery person make a note of this before receiving the product, failing which Lease.auto cannot be held liable for any damage.

2. If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Lease.auto prior to transport, failing which Lease.auto cannot be held liable for any damage.

Article 26 - Insurance

1. The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft:

· delivered goods that are necessary for the execution of the underlying agreement

· items from Lease.auto that are present at the customer's premises

· goods that have been delivered under retention of title

2. The customer will provide the policy for these insurances for inspection upon Lease.auto's first request.

Article 28 - Custody

1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the customer.

Article 30 - Warranty

1. When the parties have entered into an agreement with a service provision, this only contains an obligation of best efforts for Lease.auto and therefore no obligation of result.

2. The warranty regarding products only applies to defects caused by defective manufacturing, construction or materials.

3. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.

4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time when they are legally and/or actually delivered, or at least come into the customer's control or from a third party who receives the product on behalf of the customer.

Article 32 - Execution of the agreement

1. Lease.auto executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

2. Lease.auto has the right to have the agreed services (partially) provided by third parties.

3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.

4. It is the customer's responsibility that Lease.auto can start the execution of the agreement on time.

5. If the customer has not ensured that Lease.auto can start the execution of the agreement on time, the resulting additional costs and/or extra hours will be borne by the customer.

Article 33 - Provision of information by the customer

1. The customer makes all information, data and documents that are relevant for the correct execution of the agreement available to Lease.auto in a timely manner and in the desired form and manner.

2. The customer guarantees the accuracy, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise dictated by the nature of the agreement.

3. If and insofar as the customer requests this, Lease.auto will return the relevant documents.

4. If the customer does not provide the information, data or documents reasonably required by Lease.auto, or does not do so on time or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer. customer.

Article 35 - Duration of the service agreement

1. The agreement between Lease.auto and the customer regarding a service or services is entered into for the duration of _________________ _________________, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.

2. After the period referred to in paragraph 1 of this article, the agreement will be tacitly converted into an agreement for an indefinite period, unless one of the parties terminates the agreement with due observance of a notice period of months, or a consumer terminates the agreement with due observance of of a notice period of 1 (one) month, as a result of which the agreement ends by operation of law.

3. If the parties have agreed on a deadline for the completion of certain work within the term of the agreement, this is never a strict deadline. At about If this period is exceeded, the customer must give Lease.auto written notice of default.

Article 36 - Termination of fixed-term service agreement

1. The customer or consumer cannot terminate an agreement regarding a service that has been entered into for a fixed period until after 1 (one) year.

2. After the minimum term of 1 (one) year, the aforementioned agreement can be canceled by the customer subject to a notice period of 3 months.

3. After the minimum term of 1 (one) year, the aforementioned agreement can be canceled by a consumer subject to a notice period of 1 (one) month.

4. If the agreement regarding a service has been entered into for less than 1 (one) year, the agreement cannot be terminated prematurely.

Article 41 - Indemnity

The customer indemnifies Lease.auto against all claims from third parties related to the products and/or services supplied by Lease.auto.

Article 42 - Complaints

1. The customer must examine a product or service provided by Lease.auto as soon as possible for any shortcomings.

2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Lease.auto of this as soon as possible, but in any case within 1 month after discovering the shortcomings. set.

3. Consumers must inform Lease.auto within 2 months of discovering the shortcomings.

4. The customer provides as detailed a description as possible of the shortcoming, so that Lease.auto is able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work, this cannot in any case result in Lease.auto being obliged to perform work other than that agreed.

7. If the customer is dissatisfied with Lease.auto's services, the customer will inform Lease.auto as soon as possible and the parties will try to reach an informal solution.

8. If the route followed in paragraph 1 does not lead to a sufficient solution, the customer can submit a complaint to _________________.

Article 43 - Notice of default

1. The customer must notify Lease.auto of any notice of default in writing.

2. It is the customer's responsibility that a notice of default actually reaches Lease.auto (in a timely manner).

Article 44 - Customer's joint and several liability

If Lease.auto enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Lease.auto under that agreement.

Article 45 - Liability Lease.auto

1. Lease.auto is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.

2. If Lease.auto is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.

3. Lease.auto is never liable for indirect damage, such as consequential damage, lost profits, lost savings or damage to third parties.

4. If Lease.auto is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy and, in the absence of (full) payment by an insurance company of the damage amount, liability is limited to (part of) the ) invoice amount to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 46 - Expiry period

Any right of the customer to compensation from Lease.auto expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Article 47 - Right to dissolution

1. The customer has the right to terminate the agreement if Lease.auto attributably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.

2. If the fulfillment of the obligations by Lease.auto is not permanently or temporarily impossible, dissolution can only take place after Lease.auto is in default.

3. Lease.auto has the right to terminate the agreement with the customer if the customer does not fully or does not fulfill his obligations under the agreement. timely, or if Lease.auto has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.

Article 48 - Force majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Lease.auto to fulfill any obligation towards the customer cannot be attributed to Lease.auto in any of Lease.auto's will. independent situation, which prevents the fulfillment of its obligations towards the customer in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected of Lease.auto.

2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3. If a force majeure situation occurs as a result of which Lease.auto cannot fulfill one or more obligations to the customer, those obligations will be suspended until Lease.auto can fulfill them again.

4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.

5. Lease.auto is not obliged to pay any compensation (damages) in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Article 49 - Changes to the agreement

1. If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

2. The previous paragraph does not apply to products purchased in a physical store.

Article 50 - Changes to general terms and conditions

1. Lease.auto is entitled to change or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. Lease.auto will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.

Article 51 - Transfer of rights

1. Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Lease.auto.

2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code.

Article 52 - Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Lease.auto had in mind when drawing up the conditions on that point.

Article undefined - Applicable law and competent court

1. Dutch law applies exclusively to every agreement between the parties.

2. The Dutch court in the district where Lease.auto is established / has a practice / office has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.

Prepared on January 1, 2023.

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Lease.auto Lage Dijk-Noord 18 3401 VA Ijsselstein KVK: 66506654 BTW: 856585324B01