Terms and conditions

GENERAL CONDITIONS

CLASSIC-Group BVBA, with its corporate registered office at 3300 Tienen Wulmersumsesteenweg 155, VATBE0473.587.652

Hereinafter referred to as “CLASSIC-GROUP ”

Art. 1: Applicability:

Unless expressly agreed otherwise, all transactions between CLASSIC-GROUP and the CUSTOMER are subject exclusively to the following general terms and conditions, which always override the general terms and conditions of the CUSTOMER. By placing an order, even if it has not yet been accepted by CLASSIC-GROUP, or accepting an offer, the CUSTOMER acknowledges having taken note of the current terms and conditions and accepting them, with the exclusion of all other conditions. Any other provision contained in the documents, which are drawn up by the CUSTOMER, cannot affect the validity and applicability of the CLASSIC-GROUP terms and conditions. The provisions of these general terms and conditions can only be deviated from in writing and subject to the explicit agreement of CLASSIC-GROUP, in which case the remaining provisions will remain in full force and effect. All rights and claims in these general terms and conditions for the benefit of the CLASSIC-GROUP stipulated are also stipulated for the benefit of the third parties engaged by CLASSIC-GROUP.

Art. 2: The offers:

The information concerning the products and services and the pricing and notifications relating to the delivery or execution deadlines, as well as the detailed order information and all other information, included in publicity or tenders, originating from CLASSIC-GROUP, always have an indicative value and are communicated subject to changes and corrections. They can be changed at any time. The tenders are always without obligation and should only be considered as an invitation to place an order by the customer. Changes made to the tenders are only valid if they were accepted by CLASSIC-GROUP in writing. As long as the tenders have not been followed by concluding an agreement with the customer, CLASSIC-GROUP has the right to offer and sell the goods or services that are the subject of it to a third party.

Art. 3: Acceptance of the order:

An order is only binding if it is accepted by the CLASSIC-GROUP. Except in the case of a sale which is covered by the application of article 11 (remote selling to consumers), placed and accepted orders can never be terminated by the CUSTOMER. If the CUSTOMER nevertheless cancels a placed order or breaks an agreement made, a fixed compensation equal to 30% of the amount of the order will be payable, and this without prejudice to the right of CLASSIC-GROUP to claim full compensation for the damages incurred.

Art. 4: Additional works:

In the event that the agreement between CLASSIC-GROUP and the CUSTOMER involves the execution of well-defined works at a fixed price, all works which fall outside the original contract or which are the result of circumstances which, when concluding the agreement could not have been known or foreseen, will give rise to additional prices. These additional works shall be subject to the unit prices and hourly rates agreed with the original order. The orders for carrying out additional works may be given orally or in writing. As additional works also apply: additional works which were not foreseen in the offer and all modifications commissioned by the CUSTOMER. Lack of comments from the part of the CUSTOMER during the execution of the works applies as acceptance of the additional works. The additional works are calculated in the interim invoicing, or in the last invoice. Even with an absolute lump sum, any change or additional work ordered by the customer and the fixing of the price can be proven by all legal means.

Art. 5: Prices:

The quotations relating to our products and services are always drawn up on the basis of the information provided by the customer. If the actual quantities delivered and the conditions of execution would be different from those foreseen in the offer, a price adjustment will take place. A possible price increase does not give the customer the right to terminate the agreement or to claim compensation. The prices that apply at the time of the order apply. All prices are indicated in euro, including the statutory VAT, and excluding shipping costs, unless otherwise indicated or agreed in writing. Any increase in the VAT rate in the period between the order and the delivery or execution is borne by the customer. CLASSIC-GROUP expressly reserves the right to change prices and rates and to correct any errors. If the customer would be disadvantaged, he will be informed in writing and he has the right to cancel the order within ten days after the notice. CLASSIC-GROUP cannot be held liable for any printing or other errors in its prices or conditions, nor for any errors in the product descriptions and/or images. For all purchases, CLASSIC-GROUP accepts payments by bank transfer or by credit card. In case of pick-up, cash can be paid (or with bank card/credit card in case of availability). When paying by bank transfer and credit card, the products are shipped upon receipt of the payment by CLASSIC-GROUP.

Art. 6 Payment:

Any outstanding amounts shall, as of the due date of the invoice, automatically, without any prior notice of default being required, incur a prorated interest of 12% on an annual basis, where every month started will be considered as an expired month. In addition, the outstanding amounts will automatically and by law be increased by a compensation of ten percent (10%), with a minimum of two hundred euro (€ 200). In addition, all possible court costs and recovery costs will be borne by the customer. CLASSIC GROUP also has the right to stop the works as long as the expired invoice remains unpaid. The CUSTOMER cannot claim compensation from this. When CLASSIC GROUP stops the works for this reason, it must announce this at least 24 hours in advance. An announcement by e-mail, addressed to the CUSTOMER is sufficient as notice.

Art. 7: Delivery conditions:

Delivery and taking possession of ordered goods always takes place at the address of the registered office of CLASSIC-GROUP. All risks are borne by the customer as of the delivery. The goods, even shipped franco or transported by our employees, are at the risk of the addressee and the customer as soon as they leave the buildings of CLASSIC-GROUP. The products are only shipped to the countries for which the CLASSIC-GROUP website allows delivery, or in other countries after written confirmation from CLASSIC-GROUP. The delivery of products will be done, to the extent possible, in the period provided in the individual order confirmation. Wrongly given addresses are the responsibility of the CUSTOMER and give rise to the charge of the additional costs that result to the CUSTOMER. Unless otherwise stipulated, our prices do not include the transport and delivery of the goods to the CUSTOMER. The costs of transport and delivery are listed separately on the individual order confirmation.

Art. 8: Delivery term:

The delivery period differs from product to product. The establishing of this deadline is only approximate and without commitment, unless otherwise agreed in writing. CLASSIC-GROUP strives to respect this deadline, but cannot be held liable if this deadline would be exceeded. A delay in delivery or execution can never give rise to a claim for damages by the customer, the termination of the contract or the non-payment of the agreed price. CLASSIC-GROUP has the right to carry out partial deliveries. In case of non-delivery of the goods, the maximum sums paid by the CUSTOMER as an advance are refunded without interest or other compensation. When the customer postpones the agreed delivery date, the goods are considered as delivered on the original delivery date. From this date, the risk will be transferred to the customer.

Art. 9: Ownership reservation:

In all circumstances and by way of deviation from article 1583 C.C.., ownership of the goods processed and sold by CLASSIC GROUP shall only be transferred to the CUSTOMER after full payment of the agreed price. Even after their incorporation, the materials provided under the agreement remain the property of CLASSIC GROUP and the CUSTOMER is only the holder until the price is paid in full. CLASSIC GROUP may, without the CUSTOMER's consent, re-detach the goods or processed materials sold and take them back at the customer's expense. This right expires and the property is passed to the CUSTOMER as soon asCUSTOMER has settled all his debts with CLASSIC GROUP. When CLASSIC GROUP exercises this right, it shall inform the CUSTOMER thereof by registered letter and shall be deemed to have knowledge of it on the second working day following its dispatch.

Art. 10: Complaints:

Upon receipt of the goods or acceptance of the works carried out, the CUSTOMER must carry out a check on visible defects. Visible defects must be reported to CLASSIC-GROUP in writing within 7 working days after delivery. Non-visible defects must be reported to the SELLER in writing within 7 working days after discovery of the defect, and maximum within the year from delivery. Thereafter, any liability for non-visible defects will lapse. In his complaint the CUSTOMER will always have to give a written and fully detailed description of the defects and the damage. In addition, the CUSTOMER must offer CLASSIC-GROUP the possibility to come and determine the defects that the CUSTOMER complains about in a reasonable time. If the CUSTOMER does not do so and makes the contradictory findings impossible, he loses the right to invoke the existence of a defect. The possibility of filing a complaint is void if the defect or damage is a result of improper handling, inadequate maintenance or improper installation by the CUSTOMER. Under no circumstances can CLASSIC-GROUP be held liable by the CUSTOMER for reimbursement of costs and working hours related to a defect in a product or work carried out by CLASSIC-GROUP. CLASSIC-GROUP always has the right to repair the defect in kind or replace the defective goods. If the CUSTOMER understates this right, he does not have the right to claim the costs arising from the CLASSIC-GROUP.

Art. 11: Protest of the invoices:

Any protest must be made by letter, addressed to the company registered office. A protest regarding the drafting and content of the invoice is only valid if it is done no later than 8 working days after the invoice has been sent. Each protest must be thoroughly motivated and accurately defined and the customer will have to express the extent of the protest in money. In the event of a protest, the invoice amounts to which the protest does not relate remain payable on the due date, and the interest and compensation as further foreseen, will be payable. It is expressly provided that the complaints referred to in article 8 above under no condition may be a reason for non-payment or delay in the payment which the customer owes.

Art. 12: Guarantee:

In the case of sale to non-consumer, the goods are delivered without guarantee, in the state in which they are well known by the customer, who confirms to have viewed and investigated the goods. In that case, CLASSIC-GROUP can only bear responsibility for any defects that are reported in a timely manner, in accordance with the provisions of article 8 of the present general conditions. The guarantee of CLASSIC-GROUP is limited in the case of consumer’s purchase to the guarantees provided for in the art. 1649bis and following of the Civil Code (provisions relating to sales to consumers). CLASSIC-GROUP is only liable for damage resulting from intentional or gross fault. CLASSIC-GROUP is not liable for general or special indirect damage, of whatever nature, suffered by the CUSTOMER.

Art. 13. Right of waiver:

In the context of the remote selling to consumers, the CUSTOMER has the right to inform CLASSIC-GROUP that he will cancel the purchase, without payment of a compensation and without giving any motive within 14 calendar days from the day following the delivery. If the CUSTOMER invokes this possibility, he must return the goods at its own risk and costs to CLASSIC-GROUP at the following address: Wulmersumsesteenweg 155, 3300 Tienen, Belgium. In this case, CLASSIC-GROUP will refund the purchase amount excluding the shipping costs to the CUSTOMER's account number within 30 calendar days after the goods are received in undamaged condition. If the CUSTOMER wishes to return the purchased item later than 14 calendar days after delivery, CLASSIC-GROUP as a contribution deposits back 70% of the purchase amount due excluding the shipping costs within 30 calendar days after receipt of the returned an undamaged item to the CUSTOMER's account number, up to maximum 6 months after invoice date. If the CUSTOMER wishes to return an item more than 6 months after the invoice date, CLASSIC-GROUP will not refund anything. Goods specifically designed or developed for the CUSTOMER (e.g. paint, personalised articles,...) are not taken back and the CUSTOMER cannot rely on the waiver clause. In the event that the agreement relates to the provision of services, the CUSTOMER may ask CLASSIC-GROUP to initiate the delivery of services before the end of the withdrawal period. In that case, when he makes use of his right to waiver, the CUSTOMER must reimburse CLASSIC-GROUP all reasonable costs for the services already provided. The right of waiver is excluded for goods created by CLASSIC-GROUP in accordance with CUSTOMER specifications.

Art. 14: Force majeure:

CLASSIC-GROUP can never be held liable for the partial or complete non-fulfilment of its commitments to the extent that this non-compliance is attributable to an event that is equivalent to force majeure, i.e. an event that makes the fulfilment by CLASSIC-GROUP of its commitments reasonably impossible. As force majeure should be considered, among other things, without this list being exhaustive: fire, storm or emergency weather, flood, war, attacks, strikes, lockout, interruptions of postal services and/or of means of communication, etc.

Art. 15: Processing of (personal-) details, information and data:

By ordering on the website of CLASSIC-GROUP, the CUSTOMER expressly permits to proceed to the processing and use of his/her personal data for purposes such as the administration of the customer base, the management of the orders, deliveries and invoices, follow-up of solvency, marketing and advertising. The processing for marketing purposes and individualised advertising is only done if the CUSTOMER explicitly agrees to this during the order process. CLASSIC-GROUP will not be allowed to transfer the data to third parties. Each CUSTOMER who proves his identity has the right to access the personal data relating to him and to correct this data. He also has the right to oppose, on request and free of charge, the intended processing of personal data concerning him which is obtained for the purposes of direct marketing. The CUSTOMER acknowledges, by placing the order, to have taken note of the contents of the privacy policy, to be found on the website of CLASSIC-GROUP (www.citroparts.com) and to accept the provisions thereof. The provisions hereof govern the rights and obligations of the parties under the General Data Protection Regulation (EU regulation 2016/679) and they shall apply without prejudice to all commercial relations between CLASSIC-GROUP and the CUSTOMER . If he does not wish to receive commercial information from CLASSIC-GROUP, the customer must notify CLASSIC-GROUP by sending an e-mail to “marcom@classic-group.be ”.

Art. 16: Proof:

All parties accept the electronic proof (for example: E-mail, backups, scans,...) within the framework of their relations.

Art. 17. Invalidity:

The invalidity of one or more clauses of the agreement or current general terms and conditions does not cause the invalidity of the remainder of the agreement and general terms and conditions. The parties undertake to replace the void clause (s) with a legally valid clause, or clauses, which shall (will) correspond to the original intent of the parties and the spirit of the agreement or will correspond as much as possible.

Art. 18: Applicable law:

All agreements concluded with CLASSIC – GROUP are governed by Belgian law. All disputes between the parties shall belong to the exclusive jurisdiction of the courts and tribunals of the judicial district of Leuven.