Carburateur Service Nederland (hereinafter: Carbservice.nl)
Huizerweg 49, 1401 GH Bussum, the Netherlands
Phone: +31 6 53864208 · Email: info@carbservice.nl · Website: carbservice.nl
Chamber of Commerce (KvK) number: 91457068 · VAT number: NL004894059B78 · IBAN: NL04INGB0103514856
Article 1 · Definitions
- Carbservice.nl: Carburateur Service Nederland, based in Bussum at Huizerweg 49 (1401 GH), the Netherlands, registered with the Dutch Chamber of Commerce under number 91457068.
- Customer: the party with whom Carbservice.nl has entered into an agreement.
- Parties: Carbservice.nl and the Customer together.
- Consumer: a Customer who is also an individual and who acts in a private capacity.
- Webshop: the online shop of Carbservice.nl, available via carbservice.nl, where products and services are offered.
- Website: all websites, (sub)domains and online sales channels of Carbservice.nl.
- Products: all goods offered by Carbservice.nl, including overhauled carburettors, second-hand ("as-is") carburettors, NOS parts, carburettor parts, fuel filters, used motorcycles, gift vouchers and other items.
- Overhaul: the cleaning, repair, setting up and testing of a carburettor by Carbservice.nl.
Article 2 · Applicability
- These terms and conditions apply to all quotes, offers, work, orders, agreements and deliveries of services or products by or on behalf of Carbservice.nl, both online (via the Webshop and Website) and offline.
- Carbservice.nl and the Customer may only deviate from these terms and conditions if this has been agreed in writing.
- Carbservice.nl and the Customer expressly exclude the applicability of the Customer's own terms and conditions or those of any other party.
- Before an agreement is concluded via the Webshop, the text of these terms and conditions is made available to the Customer.
Article 3 · Webshop, website and intellectual property
- The Webshop and Website of Carbservice.nl have been put together with care. Carbservice.nl aims to provide correct and up-to-date information, but cannot guarantee that all information, prices, stock data and images are fully correct, complete or current at all times. Obvious mistakes, clerical errors or typing errors are not binding on Carbservice.nl.
- All images, photos, drawings, dimensions and descriptions on the Website are indicative. For second-hand and used products, the photos shown are decisive for the actual condition of the product, so the Customer can assess and compare it in advance.
- Carbservice.nl may change the Website, the Webshop, the product range, the prices and these terms and conditions at any time, or take them (temporarily) out of use, without the Customer deriving any rights from this.
- No account is required to place an order in the Webshop; the Customer can check out as a guest.
- Carbservice.nl makes every effort to ensure that the Webshop and payments run securely and encrypted via recognised payment service providers, but is not liable for failures or interruptions of the Website or of third-party services.
- All intellectual property rights to the Website, texts, photos, design, logos and other content belong to Carbservice.nl or its licensors. It is not permitted to copy, reproduce, distribute or commercially use these without the prior written consent of Carbservice.nl.
- The processing of personal data via the Website and the Webshop is governed by the Privacy Policy of Carbservice.nl, which can be found at carbservice.nl.
Article 4 · Offers, quotes and online requests
- Offers and quotes from Carbservice.nl are without obligation, unless expressly stated otherwise.
- An offer or quote is valid for a maximum of 1 month, unless a different period is stated in the offer or quote. If the Customer does not accept an offer or quote within the applicable period, it lapses.
- Offers and quotes do not apply to repeat orders, unless Carbservice.nl and the Customer agree this in writing.
- Via the Website, the Customer can request a quote or an overhaul without obligation. Carbservice.nl may ask for vehicle and carburettor details for this purpose, or retrieve them via the vehicle registration number from the RDW (the Dutch road vehicle authority), in order to prepare a suitable quote.
- A quote prepared via the Website is without obligation and based on the information provided by the Customer. If that information is incorrect, incomplete or changed, or if on receipt of the carburettor its actual condition turns out to differ, the final price may differ from the quote.
- Carbservice.nl cannot be held to an offer or quote if the Customer could reasonably understand that it contains an obvious mistake or error.
Article 5 · Acceptance
- When a no-obligation quote or offer is accepted, Carbservice.nl may still withdraw the quote or offer within 3 days of receiving the acceptance, without the Customer deriving any rights from this.
- Verbal acceptance by the Customer only binds Carbservice.nl after the Customer has confirmed it in writing or electronically.
- An order placed via the Webshop is concluded at the moment Carbservice.nl confirms the order by email.
Article 6 · Prices
- Carbservice.nl uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless agreed otherwise in writing.
- Some of the second-hand products and used motorcycles are sold under the margin scheme (margeregeling, the Dutch VAT arrangement for second-hand goods). On these products no VAT is stated separately and the VAT cannot be reclaimed by the Customer.
- Carbservice.nl may change the prices of its services and products on its Website and in other communications at any time.
- Increases in cost prices that Carbservice.nl could not foresee at the time of the offer or the conclusion of the agreement may give rise to price increases. In that case the consumer may cancel the agreement, unless the increase is the result of a statutory regulation.
- Carbservice.nl determines the price of an overhaul or service on the basis of the hours actually spent and the materials required, at the usual rates, unless agreed otherwise in writing.
- If the Parties agree a total amount for a service, this is always a guide price, unless agreed otherwise in writing. Carbservice.nl may deviate from the guide price by up to 10%. If the price turns out more than 10% above the guide price, Carbservice.nl will explain why in good time; the Customer may then cancel the part above the guide price (plus 10%).
- Carbservice.nl may adjust its prices annually and will announce this before the change takes effect. The consumer may terminate the agreement if he does not agree with the price increase.
Article 7 · Trade-in, cashback and gift vouchers
- Carbservice.nl may offer a trade-in arrangement whereby the Customer sends in his old carburettor and receives a €50 cashback in return.
- The trade-in is an offer and not an obligation: the Customer can also buy without trading in.
- The cashback is paid out after Carbservice.nl has received and assessed the carburettor sent in. Carbservice.nl may refuse the trade-in if the item sent in does not meet the stated conditions.
- A gift voucher issued by Carbservice.nl is valid for 24 months from the date of purchase, cannot be exchanged for cash and can be spent on the products and services of Carbservice.nl. Any remaining balance can still be used within the validity period.
Article 8 · Payments and payment term
- Orders via the Webshop are paid for directly online via the available secure payment methods, such as iDEAL, credit card, PayPal and other methods offered by Carbservice.nl.
- Products in the physical shop are paid for immediately by the Customer.
- When entering into an agreement for an overhaul or service, Carbservice.nl may require a deposit of up to 50% of the agreed amount.
- For an overhaul or assignment with an expected value of more than €1,000, Carbservice.nl may require an advance payment before the work begins. Carbservice.nl will only start the work after this advance payment has been made.
- If the Customer pays afterwards, payment must be made within 14 days of delivery or the invoice date respectively, unless agreed otherwise or unless a different payment term is stated on the invoice.
- The payment terms used by Carbservice.nl are strict deadlines. If the Customer has not paid by the last day of the term at the latest, he is automatically in default, without Carbservice.nl having to send a reminder or a notice of default.
- Carbservice.nl may make a delivery conditional on immediate payment or require security for the total amount of the services or products.
Article 9 · Right of reclamation
- If the Customer is in default, Carbservice.nl may invoke its right of reclamation (recht van reclame, the seller's right under Dutch law to reclaim delivered but unpaid goods) in respect of the unpaid products delivered to the Customer, by means of a written or electronic notification.
- As soon as the Customer has been informed of the invoked right of reclamation, he must immediately return the products concerned to Carbservice.nl, unless agreed otherwise in writing. The costs of this are borne by the Customer.
Article 10 · Right of withdrawal
- A consumer may cancel an online purchase within 14 days of receipt without giving a reason. This right of withdrawal does not apply when:
- the product has been used, tested on a vehicle or fitted;
- it is a product that has been custom-made, adapted or individually prepared especially for the consumer;
- it is a second-hand ("as-is") product or used motorcycle (see Article 11);
- it is an urgent repair or urgent overhaul;
- it is a service that has been fully performed with the Customer's consent within the cooling-off period and the Customer has expressly declared that he waives his right of withdrawal;
- the consumer has waived his right of withdrawal.
- The cooling-off period of 14 days starts on the day after the consumer has received the last product or part of one order, or as soon as the consumer has concluded an agreement for the delivery of a service.
- The consumer makes use of his cooling-off period by making this known by email (info@carbservice.nl) or via WhatsApp. The European model withdrawal form is available on request.
- The consumer is obliged to return the product to Carbservice.nl within 14 days of making his withdrawal known, in its original, unused and complete condition, failing which his right of withdrawal lapses.
- The right of withdrawal is separate from the warranty process. For warranty and defect claims, the additional conditions of Article 18 (Warranty) apply.
Article 11 · Second-hand products, used motorcycles and the margin scheme
- In addition to new and overhauled products, Carbservice.nl also sells second-hand ("as-is") carburettors, used parts and used motorcycles. Some of these are sold under the margin scheme (see Article 6).
- These second-hand products are individually selected and assessed by Carbservice.nl and specially prepared for sale for the Customer. They are shown extensively and clearly in photos, so the Customer can fully assess and compare the exact condition in advance.
- Because these products are prepared individually for the Customer and are bought on the basis of the photos shown, in the actual condition shown, second-hand products and used motorcycles are expressly excluded from the right of withdrawal and the right of return, and cannot be returned. Second-hand products and used motorcycles are sold in the condition shown and are excluded from return and withdrawal.
- The Customer is deemed to have fully viewed the product photos and description before purchase. Signs of use, colour differences or small deviations that are consistent with a second-hand product and visible in the photos do not constitute grounds for return, discount or complaint.
- Used motorcycles are not shipped and can only be collected and viewed on site in Bussum; see Article 13.
Article 12 · Refunds and return costs
- Insofar as the right of withdrawal applies (see Articles 10 and 11), Carbservice.nl will refund the purchase amount, including the original standard shipping costs, within 14 days of receiving the order returned on time, unused and complete, using the same payment method the Customer used to pay.
- The costs of returning are borne by the Customer.
- No returns and no refunds are made on second-hand products and used motorcycles (margin scheme); see Article 11.
- An overhaul is commissioned work and is carried out individually for the Customer; there is no right of return or refund on it. Any (partial) refund on an overhaul is made purely as a gesture of goodwill and at the reasonable discretion of Carbservice.nl, without the Customer deriving any rights from this. Before an overhauled carburettor can be sent back as part of a warranty or repair request, the photo of the fuel pressure gauge described in Article 18 paragraph 5 is required first.
Article 13 · Delivery, shipping and collection
- Delivery takes place while stocks last.
- Products ordered online are delivered to the address specified by the Customer, unless agreed otherwise or unless the product can only be collected.
- Carbservice.nl uses the following shipping methods and standard rates (unless stated otherwise with the product or in the checkout):
- Letterbox post (small, light parts): €3.50. Letterbox post is uninsured and is shipped without track & trace.
- Insured shipping (standard, the Netherlands): €11.50, insured and with track & trace.
- Insured shipping (rest of Europe): €30, insured and with track & trace.
- Used motorcycles are not shipped. They can only be collected on site in Bussum, by appointment.
- The delivery times of Carbservice.nl are indicative. If delivery takes place later, the Customer cannot derive any rights from this, unless agreed otherwise in writing. The Customer may however cancel the agreement if Carbservice.nl cannot deliver within 14 days after being urged to do so in writing.
- An overhauled carburettor has a processing time: after receiving the carburettor to be overhauled, or after an order for an overhauled unit, Carbservice.nl needs several working days to carry out and test the overhaul professionally.
Article 14 · Packaging and risk during transport
- If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer does not do this, Carbservice.nl cannot be held liable for any transport damage.
- The risk of loss, damage or theft of the products passes to the Customer as soon as they have been legally or actually delivered, or at least have come under the control of the Customer or of a third party designated by the Customer.
Article 15 · Storage and collection
- If the Customer collects or takes delivery of ordered or overhauled products later than the agreed date, the risk of any loss of quality is entirely for the Customer.
- Any extra costs resulting from early or late collection are entirely at the Customer's expense.
Article 16 · Retention of title
- Carbservice.nl remains the owner of all delivered products until the Customer has paid all outstanding invoices relating to the underlying agreement in full, including claims for failure to perform.
- Until then, Carbservice.nl may invoke its retention of title and take the goods back. Before ownership has passed, the Customer may not pledge, sell, dispose of or otherwise encumber the products.
Article 17 · Right of retention
- Carbservice.nl may exercise its right of retention and keep the Customer's products until the Customer has paid all outstanding invoices, unless the Customer has provided sufficient security for those costs.
- Carbservice.nl is not liable for any damage the Customer suffers as a result of the use of this right of retention.
Article 18 · Warranty
- If the Parties have entered into an agreement with a service character (such as an overhaul), this concerns an obligation of best efforts and not an obligation of result.
- The warranty on products only applies to defects caused by faulty manufacturing, faulty construction or faulty material.
- Fuel filter as a warranty condition: a fuel filter is supplied with every overhauled carburettor. Fitting this supplied fuel filter is a condition of the warranty. Without a correctly fitted, supplied fuel filter, no claim can be made under the warranty on our overhaul or repair.
- Fuel pressure, a strict technical condition: a carburettor works with a very low fuel pressure, generally approximately 0.026 bar (around 0.4 psi); the specification of the manufacturer of the vehicle or the carburettor is leading here. If the fuel pressure is higher, for example 0.3 bar or more, the pressure is many times too high and the fuel pushes the float needle open. The carburettor then overflows or floods, while the overhaul itself is completely in order. Excessive fuel pressure is caused, for example, by an incorrect or overly powerful (electric) fuel pump, a faulty or missing fuel pressure regulator or a worn pump diaphragm. This takes place outside the carburettor and therefore falls outside the overhaul and outside the responsibility of Carbservice.nl.
- Photo of a suitable fuel pressure gauge as a condition for return and warranty: we will only process a warranty, repair or return request relating to an overhauled carburettor after the Customer has sent us a clear photo, by email (info@carbservice.nl) or via WhatsApp, of a fuel pressure gauge that (a) is fitted in the fuel line to the carburettor of the vehicle in question, with the engine running or the fuel pump working, and (b) has a measuring range up to a maximum of 1 bar (for example an inline fuel pressure gauge from 0 to 1 bar, such as the Webcon type). Gauges with a measuring range of 10 or 15 bar are too inaccurate in this low pressure range and therefore do not count as proof of the fuel pressure. Without this photo we do not accept any return and no claim can be made under the warranty. As long as the photo has not been received and excessive fuel pressure has not been ruled out as the cause, the request remains on hold. This condition does not affect the consumer's statutory right of withdrawal (Article 10) or mandatory consumer law.
- The warranty does not apply:
- in the case of normal wear and tear;
- for damage caused by accidents;
- for damage caused by modifications made to the product;
- for damage due to negligence or improper use, fitting or setting up by the Customer or a third party;
- when the cause of the defect cannot be clearly established;
- when the supplied fuel filter has not been fitted (see paragraph 3);
- when the vehicle's fuel pressure falls outside the correct values, or when the fuel pressure has not been demonstrated with a photo of a suitable fuel pressure gauge with a measuring range up to a maximum of 1 bar (see paragraphs 4 and 5).
- Second-hand ("as-is") carburettors are supplied in the condition shown in the photos and without overhaul warranty, unless expressly stated otherwise (see also Article 11).
- The risk of loss, damage or theft passes to the Customer as soon as the products are delivered or come under the control of the Customer or a third party designated by him.
Article 19 · Performance of the agreement
- Carbservice.nl performs the agreement to the best of its knowledge and ability and in accordance with the standards of good craftsmanship.
- Carbservice.nl may have the agreed services carried out wholly or partly by others.
- Performance takes place in consultation and after written agreement and payment of any advance by the Customer.
- The Customer ensures that Carbservice.nl can start the performance on time. If the Customer fails to ensure this, the resulting extra costs and hours are at the Customer's expense.
- Although Carbservice.nl makes every effort to carry out all fitting and installation work as well as possible, it bears no responsibility for this except in the case of intent or gross negligence.
Article 20 · Provision of information by the Customer
- The Customer makes all information relevant to the correct performance of the agreement available to Carbservice.nl on time and in the requested form, and guarantees its correctness and completeness.
- If the Customer does not make this information available, or not on time or not properly, and the performance is delayed as a result, the resulting extra costs and hours are at the Customer's expense.
Article 21 · Complaints
- The Customer must examine a delivered product or provided service as soon as possible for any shortcomings.
- If a product or service does not meet what the Customer could reasonably expect, the Customer informs Carbservice.nl of this within 1 month of establishing the shortcoming. A consumer does this within 2 months at the latest.
- The Customer provides as detailed a description as possible of the shortcoming and, if it concerns an overhauled carburettor, includes the photo of the fuel pressure gauge as referred to in Article 18 paragraphs 4 and 5 (gauge with a measuring range up to a maximum of 1 bar), so Carbservice.nl can respond appropriately.
- The Customer must be able to demonstrate that the complaint relates to an agreement with Carbservice.nl.
- Carbservice.nl responds to a complaint within 14 days of receipt. If a complaint requires a longer processing time, Carbservice.nl will let the Customer know within that period, with an indication of when the Customer can expect a more detailed answer.
- If the Parties cannot resolve the matter together, a consumer can also submit his dispute via the European ODR platform: https://ec.europa.eu/consumers/odr.
Article 22 · Liability
- Without prejudice to mandatory (consumer) law, Carbservice.nl is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
- If Carbservice.nl is liable, this only applies to direct damage related to the performance of the underlying agreement. Carbservice.nl is not liable for indirect damage, such as consequential damage, loss of profit or damage to third parties.
- The liability is limited to the amount paid out under a (professional) liability insurance policy. If there is no insurance or no amount is paid out, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All images, photos, colours, drawings and descriptions on the Website or in a catalogue are indicative only and cannot give rise to any compensation, dissolution or suspension.
- The Customer indemnifies Carbservice.nl against all claims from others relating to the products or services supplied by Carbservice.nl.
Article 23 · Expiry period
- Any right of the Customer to compensation from Carbservice.nl expires 12 months after the event from which the liability arises directly or indirectly, unless mandatory law prescribes a longer period, and without prejudice to the provisions of Section 6:89 of the Dutch Civil Code.
Article 24 · Force majeure
- In addition to Section 6:75 of the Dutch Civil Code, a shortcoming of Carbservice.nl cannot be attributed to Carbservice.nl in the event of force majeure.
- Force majeure includes, among other things: a state of emergency (such as war or a natural disaster), non-performance or force majeure on the part of suppliers or delivery companies, power, internet or telecom failures, computer viruses, strikes, government measures, transport problems, bad weather conditions and work stoppages.
- If a force majeure situation lasts at least 30 calendar days, both the Customer and Carbservice.nl may cancel the agreement in writing, in whole or in part. In a force majeure situation, Carbservice.nl does not owe the Customer any compensation.
Article 25 · Suspension and set-off
- Unless the Customer is a consumer, he waives the right to suspend the performance of any obligation arising from the agreement and the right to set off a debt to Carbservice.nl against a claim on Carbservice.nl.
Article 26 · Dissolution
- The Customer may dissolve the agreement if Carbservice.nl attributably fails to fulfil its obligations, unless the shortcoming does not justify dissolution because of its special nature or minor significance. If performance is still possible, dissolution can only take place after Carbservice.nl is in default.
- Carbservice.nl may dissolve the agreement if the Customer does not fulfil his obligations in full or on time, or if Carbservice.nl has good reason to believe that the Customer will not fulfil his obligations.
Article 27 · Changes to the agreement and these terms and conditions
- If it is necessary for the performance to change a concluded agreement, the Parties may amend the agreement in consultation.
- Carbservice.nl may change these terms and conditions. Changes of minor importance may be made at any time. Substantial changes are discussed with the Customer in advance as much as possible; in the event of a substantial change, a consumer may terminate the underlying agreement.
Article 28 · Final provisions
- The Customer cannot transfer any rights under an agreement with Carbservice.nl to others without the written consent of Carbservice.nl. This provision has effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.
- If one or more provisions of these terms and conditions prove void or voidable, the remaining provisions remain in force. A void or voidable provision is replaced by a provision that comes closest to what Carbservice.nl intended.
- These terms and conditions and every underlying agreement are governed by Dutch law.
- The court in the district where Carbservice.nl is established has exclusive jurisdiction over any disputes, unless the law provides otherwise.
- Nothing in these terms and conditions limits the mandatory statutory rights a consumer has by law. Insofar as a provision conflicts with mandatory consumer law, that mandatory law prevails and the provision applies to the consumer only to the extent the law allows; the remaining provisions remain fully in force.
*Carburateur Service Nederland · Huizerweg 49, 1401 GH Bussum, the Netherlands · info@carbservice.nl · KvK 91457068 · IBAN NL04INGB0103514856*
