BOVAG General Conditions (private individuals)

GENERAL TERMS AND CONDITIONS OF BOVAG AUTOBEDRIVEN PURCHASE/REPARATION & MAINTENANCE

These general terms and conditions apply as from 1 June 2022. They apply to
agreements on the sale, repair and maintenance of cars, parts or
accessories between members of BOVAG Autobedrijven and consumers.
These General Terms and Conditions were drawn up in consultation with the Consumers' Association and
the ANWB within the framework of the SER Self-Regulation Coordination Group (CZ).

DEFINITIONS
In these General Terms and Conditions, the term means:

• car: a passenger car or a delivery van with a total weight including load of
  maximum 3,500 kg;
• The car to be bought in: the car sold by the consumer to the
  seller as part of the contract, also called trade-in car:
• The agreement: the agreement of purchase and sale of a new or used
  car, parts or accessories;
• the seller: the one who sells a new or used car, parts or accessories
  to a consumer;
• Consumer: any natural person who acts as a purchaser or principal for
  purposes which are outside his business or professional activity;
• the order: the agreement concluded with the consumer for the performance of
  work such as assembly, disassembly, repair or maintenance work
  and voluntary or statutory inspections;
• the repairer: the person who carries out or commissions a
  order for a car, its parts or accessories;
• non-avoidable costs: all costs which are not optional for the consumer and which are
  necessary to drive the purchased car. These costs must be included in the
  price of both the new and the used car. In practice
  this means that for a new car at least VAT, BPM, fees, the recycling contribution,
  the costs of a zero test and of a registration plate, the transport costs to the dealer and
  other extras that must be purchased are already included in the indicated price
  .
• Avoidable costs: optional, additional agreed costs for the consumer.
  These costs do not have to be automatically included in the quoted price of the car
  , such as extra purchased accessories or spare parts;
• In writing: in writing or electronically;
• The guarantee:
  a. the statutory guarantee as referred to in article 7:17 of the Dutch Civil Code;
  b. the manufacturer's or importer's guarantee on cars and parts/accessories (see article 14 paragraph 2);
  c. the BOVAG Purchase Guarantee on a used car as described in article 14 paragraph 3 and
  the BOVAG Guarantee Certificate that can be provided by the seller;
  d. the BOVAG Repair and Maintenance Guarantee on works.
  
  BUY
  
  Article 1 - The offer
• The seller makes an offer orally or in writing.
• This offer gives a complete and accurate description of the offer, i.e. the
  price and the rights and obligations of the consumer and the seller. The description
  of the offer is sufficiently detailed to allow a proper assessment of the offer by
  the consumer.
• The offer states the price of the offered car, the offered part, or the
  offered accessory. The price of an offered car includes the non-avoidable
  costs.
• If the seller uses pictures of the car, part or accessory then
  they are truthful.
• Obvious mistakes in the offer are not binding on the seller.
• The consumer must accept within the time limit set by the seller.
  If no time limit has been given, the purchaser must accept the contract immediately.
  
  Article 2 - The agreement
• The seller shall put the agreement in writing and give the consumer a copy
  . The agreement between the consumer and the seller applies even if the agreement is not recorded in writing
  .
  
  Article 3 - The content of the agreement
  The written agreement states, in any case:

• the identity of the seller such as trade name, business address, telephone number and
  e-mail address;
• the description of the car, parts or accessories;
• The price and description of the car to be purchased, including spare parts or accessories;
• The price of the car including accessories at the time of purchase. The price includes
  the non-avoidable costs. The contract indicates whether it is a fixed or a non-fixed
  price;
  or:
• the price of a separately purchased part or accessory;
• the inevitable costs of buying a car;
• the reference to the guarantee conditions whereby the seller or a third party such as the
  manufacturer or importer acts as guarantor. Access is provided to the
  guarantee conditions of this third party;
• the method of payment;
• the delivery date and whether this is a probable or fixed date. If no
  delivery date has been agreed, the car, part or accessory shall in any case be delivered
  within thirty days of the conclusion of the agreement.
  
  Article 4 - Price changes

1. If there is a fixed price, the seller cannot increase the price after the
   agreement has been concluded, unless there is a change in a levy
   by the government, in any case this means a changed tax or excise duty.
2. If the agreement itself shows a non-fixed
   price, the seller can change the price on the basis of a change in: a levy by
   the government, factory prices, import prices or exchange rates. The seller shall inform the
   consumer as soon as possible of a price change and the reason for it. In case of
   a price increase, the consumer can dissolve the agreement within ten days, unless
   the price increase is the result of a change in a government levy.
3. If a seller has indicated that the price is not fixed, he must also pass on in the price changes in
   to the benefit of the consumer.
4. If the seller has been declared to be in default in accordance with Article 6, but the stipulated period
   has not yet expired, then only a price increase based on a change in a
   government levy may be passed on.
5. As soon as the seller is in default, no price increase may be passed on.
   
   Article 5 - The risk for the car
6. If the purchased car breaks down or is lost before it is delivered to the consumer,
   , this shall be for the seller's account and risk.
7. If the car to be purchased breaks down or is lost before it is delivered to the seller,
   , this shall be at the expense and risk of the consumer.
   
   Article 6 - Delivery and default
8. In the case of a fixed delivery date, the seller shall be in default as soon as that date has passed.
9. In the case of a presumed delivery date, the consumer must first give the seller notice of default
   . This means that the seller is given another three weeks to deliver
   . If the seller has not delivered the car, part or accessory after this
   deadline has passed, the seller is in default.
10. In these cases, no notice of default by the consumer is required:

• if the seller has let it be known that he is not going to deliver;
• if delivery before the agreed delivery date is essential, given the
  circumstances at the time of concluding the contract, for example because the consumer has informed
  or because the car, part or accessory is needed for a special
  occasion.
  
  Article 7 - Consequences of default
  1 If the seller is in default as per Article 6, the consumer is entitled to dissolve the
  agreement.

1. Furthermore, the consumer may claim compensation for his loss, unless the seller can invoke force majeure
   .
   
   Article 8 - Cancellation
2. The consumer may cancel the contract even if the seller is not in default.
3. The cancellation can be done until the purchased car, part or accessory, or the car to be purchased
   is delivered and the cancellation must be done in writing.
4. The consumer has to compensate all damages due to the cancellation. These damages are
   set at 15% of the total purchase price of the car, part or accessory, unless
   parties agreed otherwise at the conclusion of the contract.
5. The damage has to be paid within ten days after the cancellation. If the consumer has not paid after
   ten days, the seller may inform the consumer in writing that the
   consumer still has to fulfil the agreement. The consumer can then no longer appeal to the
   cancellation.
   
   REPAIR AND MAINTENANCE
   
   Article 9 - Price quotation and deadline
6. The order for work should preferably be laid down in writing. The repairer
   gives a price quote and a delivery date in advance.
   This price estimate and
   delivery date are presumptive unless the consumer and the repairer have agreed on a fixed price or a fixed delivery date.
7. In the case of a non-fixed price, if the repair of the car is more than 10% more expensive than the approximate price indicated beforehand
   , the repairer should discuss this cost increase with the
   consumer.
8. The consumer may cancel the contract at any time.
   However, the costs already incurred by the repairer at the time of cancellation
   and the work already completed by then must be paid.
9. The repairer will immediately inform you if the work is likely to be
   completed later than the delivery date. The repairer shall also indicate when the work will be completed
   .
10. If a fixed delivery date is exceeded, the consumer is entitled to reasonable compensation
    , unless it is a case of force majeure on the part of the repairer.
    
    Article 10 - The invoice
    An itemised invoice of the work carried out will be issued.
    
    Article 11 - Storage costs
11. If the consumer does not pick up the car within three working days after he or she has received notice
    that the repair is ready, the repairer may charge a fee for
    storage costs.
12. The cost of storage is the cost normally charged by the repairer
    . If there are no fixed storage costs, the repairer will charge a reasonable
    fee.
    
    Article 12 - Right of retention
13. The repairer may exercise a right of retention on the car, part or accessory. This
    means that the repairer will not return the car, part or accessory until the
    consumer has paid the bill for this or previous work or other costs
    .
14. The repairer may also exercise the right of retention if the dispute about the work
    has been submitted to the Disputes Committee for Vehicles referred to in Article 21, or to the court at
    , unless the consumer has provided sufficient (replacement) security,
    for example by depositing the dispute with the Disputes Committee.
    
    Article 13 - Replaced parts
15. If a consumer asks for the old parts when he places the order, he will receive them after the
    replacement.
16. If a warranty claim has to be settled between the repairer and a
    guarantor, such as a manufacturer or an importer, the repairer may refuse to hand over the
    parts.
17. 
    If the consumer has not, or not in time, requested the parts, the
    replaced parts also become the property of the repairer, without the consumer receiving any compensation for this.
    
    GUARANTEE
    
    Article 14 - Warranty on cars and parts/accessories
18. In addition to the BOVAG repair and maintenance guarantee referred to in
    article 15, the BOVAG Purchase Guarantee referred to in article 14.3, the BOVAG
    Guarantee Certificate and/or the manufacturer's and importer's guarantee referred to in article 14.2, the consumer also has
    statutory guarantee.
19. The manufacturer or importer gives a manufacturer's warranty on new cars and new parts.
20. In addition to the statutory guarantee, the seller may, on used cars, grant 12
    months of BOVAG Purchase Guarantee and the seller may extend this period
    to a maximum of 24 months.
21. In the event of replacement due to a guarantee as referred to in Article 14, paragraph 1 and in paragraph 3 and the BOVAG
    Guarantee Certificate, the consumer shall not be required to pay for normal use of the
    replaced product in the period prior to the replacement. During repair or replacement
    due to a guarantee as referred to in Article 14, paragraph 1 and in paragraph 3 and the BOVAG Warranty Certificate
    , the seller/repairer shall also ensure a suitable solution for transport problems of
    the consumer.
22. The seller shall state the odometer reading of the car in the sales contract after checking
    in the meter reading register. The seller guarantees that the odometer reading stated on the contract
    is 'logical', unless it is explicitly stated on the contract that this
    is 'illogical' and the consumer has explicitly agreed to this statement in writing
    .
23. The BOVAG Purchase Guarantee is never issued for separately delivered used parts.
    Defects arising outside the European Economic Area (EEA) are not covered by
    the BOVAG Purchase Guarantee on used cars, unless the consumer demonstrates that the
    defects did not arise due to circumstances that deviate from the EEA, such as relatively
    poorer roads or fuel of a poorer quality.
    
    Article 15 - BOVAG repair and maintenance warranty on car, part, accessory
24. The repairer warrants that the work performed complies with the
    order. The repairer warrants within the European Economic Area and
    for six months after delivery of the repaired or maintained car,
    part or accessory that the work has been carried out with good workmanship by
    or that the work has been carried out with good workmanship by the repairer and that good materials have been used in the repair
    . In the event of a repair or replacement on the basis of this guarantee
    , the seller/repairer shall ensure a suitable solution for transport problems of the
    consumer.
25. There are exceptions whereby the warranty does not apply:
    2a. This warranty does not apply if the consumer has brought materials, parts or
    accessories for use by the repairer. This warranty
    also does not apply if the consumer has required the use of a certain material/part/
    accessories that the repairer would otherwise not have used. When the
    consumer has required the repairer to use certain methods to carry out work
    , the warranty does not apply if the performance required by the consumer deviates from the
    method that the repairer would otherwise have used. The consequences of defects or
    unsuitability of such parts, materials, accessories or working methods
    are therefore at the expense and risk of the Consumer, unless the repairer has failed in his
    expertise or has failed in his due care in carrying out or commissioning the
    work.
    2b. If the consumer requests the repairer to carry out an emergency repair on the car, part or
    accessory, no guarantee will be given.
    2c. The consumer should report
    as soon as possible after a problem has been discovered, if he experiences problems with the repaired or maintained car, part or accessory.
    If the consumer fails to do so, this could (if reasonable under the circumstances) result in
    that the consumer can no longer successfully appeal to the guarantee
    .
    2d.
    If the repairer is not given the opportunity by the consumer to solve problems with the car, parts or accessories repaired or maintained by him,
    the consumer cannot make a claim under the guarantee either. Unless the situation in paragraph 3 arises.
    2e. When a third party carries out work on the car, part or accessory repaired or maintained by the repairer,
    , the consumer cannot - unless the situation in paragraph 3 occurs
    - call on the guarantee because of this work. However, the consumer
    does have a right to claim under the guarantee when work carried out by a third party has nothing to do
    with the work the repairer had already carried out on this car, part or accessory
    or had others carry out.
26. An exception to Paragraph 2(d) and (e) may occur if there is an immediate need to repair
    the repaired or maintained car. The emergency situation must occur at a location
    that is not close to the business premises of the repairer. The consumer must also be able to demonstrate this necessity to
    . The consumer can do this with data from the
    other company or with the broken car parts. If the repair is carried out by another company within the borders of
    the Netherlands, this company must be a member of BOVAG. If
    the emergency occurs outside the national borders of the Netherlands and the car is repaired by a third party established in
    abroad, the costs of this foreign
    third party will be reimbursed up to a maximum of the price level applicable at the repairer's company.
    
    GENERAL PROVISIONS
    
    Article 16 - Payment
27. Payment must be made in cash or by transfer to the bank account of the seller/
    repairer.
28. Payment must be made upon delivery of the car, part or
    accessory or upon completion of the work.
29. The seller/repairer and the consumer can agree in writing that payment is not to be made immediately
    . If no exact time of payment is agreed upon, the term of payment shall be
    one month.
30. The consumer shall pay the amount due before the expiry of the
    payment date. If he fails to do so, the seller/repairer shall send a
    free payment reminder after that date and shall give the consumer the opportunity to pay the outstanding
    amount within
    fourteen days of receiving this payment reminder.
31. If payment has still not been made after the payment reminder has expired,
    the seller/repairer may charge interest from the time of
    default. This interest is equal to the statutory interest.
32. Collection costs may also be charged for extrajudicial
    costs. The amount of these costs is subject to (legal) limits.
    It is possible to deviate from these limits in favour of the consumer.
    
    Article 17 - Retention of title on a car
    The car delivered to the consumer remains the property of the seller until the consumer has paid everything
    owed on the basis of the purchase agreement. Until the consumer
    has obtained the formal ownership of this car, he must insure the car WA + casco,
    pay the costs and bear the risk of the car being damaged or lost. He must also have
    maintenance carried out at his expense. The Buyer is liable as holder and driver of the
    car.
    
    Article 18 - Distance selling/outside sales
    The consumer has rights and obligations that follow from the provisions for contracts
    between traders and consumers, see Book 6, Title 5, Section 2b of the Civil Code. This only applies
    when a contract/order is concluded at a distance and outside sales premises, in the
    sense of 6: 230g BW. The statutory provisions shall then apply in addition to and in derogation from
    these general terms and conditions.
    
    
    Article 19 - Deviations
    Deviations, and with that also additions or extensions of these general
    terms and conditions, are only valid when these are recorded in writing by both parties and when the consumer is not put in a more unfavourable position by these deviations
    than he or she would be without these deviations. Deviations from the BOVAG
    Guarantee Certificate and the BOVAG Repair and Maintenance Guarantee are invalid.
    
    Article 20 - Mediation scheme
33. A consumer who has complaints about the sale of a used car, about the
    sale of a new car, part or accessory or about the performance of the BOVAG repair and maintenance warranty must first go to the seller/repairer.
    If the consumer is not satisfied with the result of the complaint handling
    by the seller/repairer, the following applies: the consumer can submit a dispute about an
    assignment or agreement to BOVAG
    Bemiddeling within six weeks of the dispute arising. The mediation will proceed in accordance with regulations that the parties have received in advance
    . The address of BOVAG Bemiddeling is: Postbus 1100, 3980 DC Bunnik.
    Telnr. 030-659 53 95 (local rate). For assistance with mediation, the consumer must only be able to claim
    his statutory rights during the period of the
    statutory reversal of the burden of proof, being twelve months after delivery, or to claim
    BOVAG Aankoopgarantie, both as referred to in article 14. The
    consumer can also choose at any time to submit the complaint to the Disputes Committee for
    . For an explanation of this procedure, see article 21. In the case of a car purchased new
    or new parts or accessories purchased, recourse to
    BOVAG Bemiddeling is only possible if the consumer cannot rely on a guarantee issued by
    the manufacturer or importer of this new item.
    
    Article 21 - Settlement of disputes
34. If there is a dispute about the way in which the assignment or the agreement was concluded
    or executed, the consumer or the seller/repairer can submit the dispute
    to the Vehicles Disputes Committee. Address:
    The Disputes Committee,
    PO Box 90600, 2509 LP in The Hague (visiting address Borderwijklaan 46, 2591 XR in The Hague). The Consumer may at that point also choose to take his dispute to the
    court.
35. This dispute scheme only applies to disputes between consumers and members of
    BOVAG Autobedrijven. It applies to:
    a. the agreement for the purchase and sale of a new car, part or accessory. This
    unless the consumer complains on the basis of a guarantee issued by the manufacturer or importer
    of the car, part or accessory.
    b. the agreement of purchase and sale of a used car.
    c. the BOVAG repair and
    maintenance guarantee referred to in article 15 of these general terms and conditions.
36. The dispute must be submitted to the Geschillencommissie Voertuigen (Vehicle Disputes Committee) within twelve months of the date on which the consumer complained to the
    seller/repairer.
    Once this choice for the Disputes Committee has been made, the consumer can only go to court
    after the Disputes Committee
    has declared itself incompetent or inadmissible, or to have a binding opinion made by the
    Disputes Committee reviewed marginally by the court in good time
    . The request may be made in writing, or in another form to be determined by the
    Vehicle Disputes Committee. A dispute exists after the
    complaint handling by the seller/repairer and/or via the mediation attempt by BOVAG
    Bemiddeling has been unsuccessful.
37. The Vehicle Disputes Committee pronounces its judgment in the form of a binding opinion. This
    takes place in accordance with regulations that will be notified to both parties to the dispute in advance
    . These regulations form part of the agreements between the consumer and the
    BOVAG member.
38. For the handling of the dispute by the Geschillencommissie Voertuigen, the
    consumer must pay a fee.
39. A decision by the Disputes Committee on Vehicles can no longer be challenged by a court of law
    if more than two months have passed since it was sent
    and no appeal has been made to the ordinary court for a marginal review.
    
    Article 22 - Compliance guarantee
    BOVAG guarantees compliance with the binding advice of the Disputes Committee
    by the seller/repairer affiliated with BOVAG. However, this is not the case if the
    seller/repairer decides to submit the binding advice to the
    court for review within two months and the court declares the binding advice non-binding, and the
    judgment can no longer be appealed. The guarantee applies up to €910 and under the
    condition that the consumer transfers his claim on the seller/repairer to BOVAG
    . For amounts greater than €910, BOVAG will try to get the
    seller/repairer to pay for the excess via the courts. If this is successful, the
    collected in excess of €910 shall be transferred to the consumer.
    BOVAG does not provide a compliance guarantee if one of these situations arises, before
    the consumer has met certain formal intake requirements (payment of complaint fee,
    return completed and signed questionnaire and possible deposit) that are necessary
    for handling the dispute. This concerns the situation of bankruptcy,
    suspension of payment or cessation of business of the seller/repairer.
    The latter situation is determined by the date on which the company closure was registered in the Commercial Register
    , or an earlier date for which BOVAG can make a plausible case that the
    company activities have actually ended. BOVAG does, however, pay an amount up to a maximum of €910,-
    per dispute, if the bankruptcy or moratorium has been declared or the seller/repairer
    has terminated their business after the consumer has met the collection requirements.
    
    
    Article 23 - Personal data
    The consumer's personal data stated in the contract or the
    order shall be processed by the seller/repairer in accordance with the Dutch Personal Data Protection Act / General Data Protection Regulation. On the basis of this
    processing, the vendor/repairer can

• carry out the order or execute the purchase agreement and fulfil his guarantee obligations
  towards the consumer;
• provide consumers with the best possible service;
• in the case of a legitimate interest, to provide him with up-to-date product information in a timely manner
  and to make him personalised offers.
• The car data will be included in the odometer reading register from Article 14. The odometer readings are recorded in this
  system in order to prevent fraud with odometer readings
  .
• In addition, in the case of a legitimate interest, the personal data may be made available to the INDI Association at
  for the purpose of cleaning the
  personal data.
  Any objections the consumer may make to the seller/repairer against the processing of personal data in the sense of the law for direct mailing
  will be honoured.
  
  
  Article 24 - Choice of law
  This agreement shall be governed by Dutch law.