General terms and conditions

General Terms and Conditions of GPCARS4SALE BV

I General

Definition: “we,” “us,” and “our” refer to any company invoking these general sales and delivery conditions.
These conditions apply to all our offers and all purchase agreements concluded with us regarding cars or parts thereof, as well as other accessories, and agreements for inspection, appraisal, repair, and maintenance of cars.
Only these general conditions apply to all our offers and agreements, regardless of any (previous) reference by the buyer to their own or other general conditions. We explicitly reject any general conditions declared applicable by the buyer.

II Offers and Formation of Agreements

All our offers, including prices, models, and specifications, are entirely non-binding, indicative, and non-binding unless expressly stated otherwise in writing.
An agreement is concluded when an order is accepted by us in writing or electronically. We are also entitled to accept an oral agreement if written or electronic documentation is not provided.
Additions and/or changes to concluded agreements, including cancellations of closed agreements, are valid only if both parties have documented them in writing.
All agreements, including modifications, are entered into subject to approval by our management. The agreement is deemed to have been concluded within five working days after signing the purchase agreement or order confirmation, unless the management indicates within that period that the order is not accepted.

III Prices

Unless expressly stated otherwise, our selling prices apply for delivery ex-works.
Unless expressly stated otherwise, our selling prices are exclusive of VAT, BPM (Dutch car tax), and costs for making the vehicle roadworthy, recycling contribution, management contribution, and fees.
Changes in rights, taxes, excise duties, recycling contribution, management contribution, and fees may be passed on to the buyer even after the purchase agreement is concluded.
In addition to the price changes mentioned in paragraph 3 of this article, price increases by the manufacturer and/or importer may also be passed on to the buyer. If a price increase, as referred to in this article, occurs within three months after the conclusion of the agreement, the buyer has the right to terminate the agreement within one week of receiving notice of the price change.
If the buyer exercises the right to terminate as mentioned in paragraph 4 of this article, the buyer must pay us compensation for incurred costs, set at 10% of the catalog price excluding VAT and BPM.
A (general) price reduction implemented after entering into the purchase agreement but before actual delivery does not entitle the buyer to such a price reduction.

IV Amendments

We are entitled to make technically necessary changes to the sold cars, their equipment, and/or parts without the buyer having any rights arising from it without prior knowledge or consent of the buyer.

V Deadlines

Stated delivery deadlines are indicative and should not be considered as fixed deadlines unless expressly agreed otherwise.
If a fixed deadline is agreed upon, we are in default only after 21 days have passed since the written notice of default reached us, without prejudice to the provisions of Article X.
We are in default only after 21 days have passed since the written notice of default reached us, without prejudice to the provisions of Article X.

VI Delivery and Transfer of Risk

Delivery occurs after (written) notification at our discretion:
by making the sold item available at our address; Slachthuiskade 2 B1, 7602 CV ALMELO, The Netherlands.
by delivering the sold item to the buyer’s address in the Netherlands.
In the case of making the sold item available at our address for the buyer, the buyer must pick up the sold item within five days after it becomes available.
In the case of delivery of the sold item by us to the buyer’s address, the buyer must take immediate possession.
If the buyer does not pick up the sold item within the term mentioned in paragraph 2 of this article or does not take possession of the sold item in accordance with paragraph 3 of this article, we are entitled to charge storage costs according to the prevailing rate in our business or on-site. The risk of damage and/or loss is for the buyer. Notwithstanding the provisions of Article XII, the risk passes to the buyer five days after the sold item is made available to the buyer or immediately if the sold item is delivered by us to the buyer’s address.

VII Payments

We are entitled to demand advance payment of the amount owed by the buyer at any time (in any case) up to an amount of 25% thereof. The invoice relating to the advance payment must be paid before delivery of the purchased item takes place.
Unless otherwise agreed, payment, without offsetting, including additional costs, must take place before or upon collection or delivery of the sold item. We only accept payment via bank transfer. All payment terms are considered as fixed deadlines. We do not accept credit card payments and cash payments; deposits into our bank account may be refused or reversed.
If the buyer has not picked up the sold item within the term mentioned in Article VI, paragraph 2, or has not taken possession in accordance with Article VII, paragraph 3, the invoice concerning the sold item will be sent to the buyer, which must be paid immediately. The date of dispatch of this invoice is the due date. If delivery is made to the buyer’s address, the date of receipt of the invoice is considered as the due date.
If the buyer fails, is late, or incompletely fulfills one or more payment obligations, the buyer owes us the statutory interest under Article 6:119 of the Dutch Civil Code from the day following the agreed deadline for payment until the day the amount has been paid to us for all overdue payments.
The buyer is also obliged to pay extrajudicial and judicial collection costs. Extrajudicial collection costs are all costs incurred by us to collect amounts due from the buyer under the agreement, such as lawyers’ and solicitors’ fees, bailiffs, agents, and collection agencies. Extrajudicial costs are determined in accordance with the Dutch Extrajudicial Collection Costs Act.

VIII Purchase

The provisions in this article apply only if we purchase a car in the case of sale (so-called trade-in), when the buyer/seller:

– is a private individual who has not claimed input tax deduction;

– is a (government) institution, not being an entrepreneur;

– is an entrepreneur who has purchased the car exclusively for exempted services;

– is a small entrepreneur exempted from administrative obligations under Article 25, paragraph 3 of the Value Added Tax Act 1968;

– is another (authorized) reseller applying the margin scheme, meaning VAT is only due on the margin.

A valuation is carried out by a designated appraiser appointed by us for each purchase, who prepares a report on the condition of the car.
The buyer/seller is responsible for the information provided about the damage history of the car to be traded in.
We are no longer bound by this valuation after 14 days from the day of valuation, unless otherwise agreed in writing.
On the day of transfer of the car to be purchased, it must be in the same condition as at the time of valuation.
If the transfer of the car to be purchased occurs after the period mentioned in paragraph 4 has expired and/or if the car to be purchased is no longer in the same condition as at the time of valuation, we are entitled to have a new valuation carried out. If the valuation is lower, the seller/buyer cannot rely on the earlier valuation. The buyer is then entitled to (i) accept the lower valuation or (ii) refrain from the trade-in. In both cases, the buyer remains bound by the already concluded sales agreement.
The car(s) to be purchased must be delivered upon delivery of the sold car(s).
If the buyer/seller continues to use the car to be purchased while waiting for the delivery of the new car in the case of selling a new car against the purchase of a car, the car to be purchased becomes our property only after the actual delivery to us. Until that date, the risk for the car to be purchased is borne by the buyer/seller.
At the actual delivery, the car to be purchased must have a valid registration certificate (part I and part II) and a transfer certificate. If any of the above documents is missing, we reserve the right to charge the buyer/seller for obtaining a new registration certificate and the associated depreciation in value. Additionally, the buyer/seller must deliver the car with a temporary registration certificate in this case.
In the case of purchase, the (private) buyer/seller as referred to in paragraph 1, under the applicable VAT regulations for the trade-in of used movable property, must fill in and sign a purchase declaration.
The agreement regarding the trade-in/purchase is entered into under the suspensive condition of written approval by our management. The provisions of Article II, paragraph 4, apply mutatis mutandis.

IX Damage Appraisal

If we have conducted a damage appraisal, we will charge the actual costs to the buyer/client, with a minimum of €100 excluding VAT. These costs will not be charged if we receive an order for repairs or agree on the delivery of another car.

X Force Majeure (Non-Attributable Shortcoming)

We are not obliged to fulfill any obligation if we are hindered due to circumstances beyond our control (including not or not timely supplying by our suppliers), not attributable to our fault, nor falling under the law, legal act, or prevailing opinions in traffic for our account.
In case of permanent force majeure, we are entitled to extrajudicially terminate the agreement with the buyer by means of a written statement. In case of temporary force majeure, we are entitled to extend the deadlines of the agreement with the buyer for the duration of the temporary force majeure.

XI Retention of Title

The ownership of all items sold by us to the buyer remains with us as long as the buyer has not paid our claims arising from the performed or yet to be performed activities under this or other agreements and as long as the buyer has not paid our claims for the non-performance by the buyer of such obligations, including claims for fines, interest, and costs.
Before full payment of the purchase price, including any interest and costs, the buyer is not authorized to make the sold item available for use to third parties, to pledge it, or to transfer it to third parties.
In case a third party in good faith acquires ownership of the unpaid items and this third party has not yet paid the due purchase price, the buyer now already undertakes to reserve and, as far as possible, establish a possessory lien on the claim that the buyer has on this third party.

XII Warranty and Liability

The Seller (we) is/are not liable for the characteristics of the car; warranty in this respect is excluded. In particular, the Seller gives no warranty, explicitly or implicitly, regarding the quality of craftsmanship of the race car for conducting test drives or races, and the Seller expressly disclaims all warranties regarding the suitability of the car for use in test drives or races and for use at the speeds at which the car will be driven and for the other maneuvers necessary for driving the car. However, the Seller is liable for delivering the car to the Buyer without any costs, restrictions, rights, and claims of third parties.
The Buyer acknowledges and accepts that the Seller has not guaranteed any specific qualities or certification of the car.
The Buyer has previously inspected the car in its current condition and hereby agrees to purchase the car “as is” (except as provided in Clause VI.2 regarding brand identification) without detracting from the provisions set out in this Agreement. Therefore, the Buyer has familiarized himself with the dimensions and condition of the car and has assessed and approved it. Both Parties declare that they are aware of the actual value of the car and have agreed to the performance and considerations as set out in this Agreement in full awareness of this value.

Risk Disclaimer

The Buyer is fully aware of, appreciates, and accepts the risks inherent in driving the car and the possibility of accidents, including both bodily injury and death, that may occur in the event of an accident with the car.
The Buyer understands and accepts that the Seller expressly disclaims all warranties and liabilities for use at the speeds at which the car will be driven and for the maneuvers the Buyer may choose to perform while driving the car.
The Buyer has validly obtained liability insurance and personal accident insurance and sought other protections deemed necessary and appropriate to compensate for any injury or death that the Buyer and/or a third party may incur while driving the car.
The Buyer, on behalf of himself, his representative, heirs, and successors (whether minors or otherwise legally incapacitated), expressly releases the Seller from all claims of any kind (except those arising from the Seller’s negligent acts or omissions) that may be filed by the Buyer or the representative or estate of the Buyer in the event that the Buyer incurs any loss, damage, or injury, including death, while driving the car or participating in an event with the car.
The Buyer will indemnify and hold the Seller harmless from all claims, demands, proceedings, actions, liabilities, costs, and expenses arising (directly or indirectly) from the acts, omissions, or deficiencies of the Buyer

XIII Repairs

Our offers regarding repair prices and repair duration are entirely non-binding, indicative, and not conclusive.
We may exercise the right of retention on the car if the buyer/client does not fully or partially pay the costs of the work on the car, even if it concerns costs of earlier work performed by us. We can also exercise the right of retention if the dispute is pending before a court.
If, after completing the work assigned to us and notifying the buyer/client, the respective car is not picked up within a week after the last mentioned time, we are entitled to charge storage costs according to the rates applicable in our company. Storage is at the expense and risk of the buyer/client, except in the case of damage directly resulting from our intentional or grossly negligent actions.
Replaced materials or items will only be made available to the buyer/client if explicitly requested and communicated to us beforehand. Otherwise, the materials become our property without the buyer/client being able to claim any compensation.
Warranty for repairs extends to 2 years after their execution, subject to limitations imposed by law and European laws and regulations with direct effect that have not been implemented in the law. Any claim for warranty expires if unauthorized third parties, without our prior knowledge and/or consent, perform activities related to the assembly, repair, and/or maintenance work we have carried out, for which the warranty is claimed.

XIV Complaints and Prescription

Complaints must be submitted in writing to us by the buyer/client within 8 days after the complaint is discovered or could reasonably have been discovered, failing which the buyer/client is deemed to have unconditionally accepted the purchased. In the case of visible defects, the buyer/client must report the defects immediately upon delivery to us; otherwise, the buyer/client is deemed to have unconditionally accepted the purchased. A buyer/client who is a natural person/consumer must, in deviation from the above, submit the complaint in writing within two months of the date on which the complaint was discovered.
Complaints will not be considered if it appears that the buyer/client or unauthorized third parties have altered or repaired the object(s) in any way directly or indirectly related to the complaint, except in cases where this has been done with our prior knowledge or in emergencies where the buyer could not communicate with us in advance but promptly informed us of the emergency.
All claims against us expire automatically if they are not submitted to us in writing within one year of their origin. In deviation from the above, claims of natural persons not acting in the course of a profession or business (consumers) expire after a period of two years from the origin of a claim.

XV Dissolution

Without prejudice to our right to claim performance, we are entitled to agree to a request from the buyer to terminate the agreement. In that case, the buyer must compensate our damages within 10 days after accepting the cancellation, determined at 15% of the catalog price excluding VAT and BPM, excluding any trade-in as compensation.
The buyer is not liable for cancellation costs if, in the case of a distance sale, the buyer has validly terminated the agreement under art. 6:230o BW.
In addition to our other rights, we can suspend and/or terminate the purchase agreement with the buyer at any time without further notice, judicial intervention, and without liability towards the buyer by means of written notice to the buyer if: (i) the buyer fails, is not timely, or properly fulfills one or more of its obligations arising from the agreement; (ii) the buyer or the country in which the buyer is active is listed on a Dutch, European, English, or American sanctions list for the delivery of the vehicle; and/or (iii) the buyer is unable to meet his due debts or leaves his due debts unpaid, becomes insolvent, if bankruptcy of the buyer is requested, if a suspension of payments is requested on behalf of the buyer, a request for application of a statutory debt rescheduling arrangement is made on behalf of the buyer, or such an arrangement is pronounced against the buyer, or if the buyer discontinues his business and/or attachment is made against the buyer that will not be lifted within 30 days after the date of attachment. In the event that we terminate the agreement, the buyer is obliged to pay a predetermined compensation of 15% of the catalog price including VAT and BPM, excluding any trade-in as compensation.
If one of the situations described in paragraph 3 of this article occurs, the buyer is obliged to inform us immediately.

XVI Consumers: Distance Sales

In the case that the buyer is a consumer who made a remote purchase, only the rules on the right of withdrawal apply. Articles XVI and XVII apply to both non-consumers and consumers.
The buyer will only use the car to the extent necessary to determine the nature, characteristics, and operation of the car;
A maximum mileage of 0 km is allowed during this cooling-off period;
The buyer is obliged to adequately insure the car during this period;
All traffic rules and other applicable laws and regulations must be adhered to by the buyer;
The car must be locked by the buyer after use, using any available security measures;
Malfunctions, defects, or other issues with the car must be reported to us immediately by the buyer; and
Damage to the car must be repaired by a brand-recognized body repair company.
In order to retain the right to a full refund in case of withdrawal, the car must be registered in the buyer’s name, and the buyer is not allowed to:
Establish a lien on the car or encumber it in any other way;
Drive the car for more than 1 kilometer before returning it to us;
Return the car without it being in new condition (e.g., has suffered damage during the cooling-off period);
Return the car with damage or excessive wear and tear;
Remove, modify, or add anything to the car, except for necessary fluids for reasonable use during the cooling-off period;
Return the car while it has suffered (unrepaired) damage during the cooling-off period;
Use the car under the influence of alcohol, drugs, or other substances affecting driving ability;
Transport more passengers than the car’s passenger capacity;
Use the wrong fuel;
Use the car outside the Netherlands;
Overload the car;
Use the car for commercial passenger transport, driving lessons, street races, rally races, transport of toxic or otherwise hazardous substances, on off-road roads, safety training, etc.;
Use the car outside the immediate family circle;
Rent or make the car available to third parties;
Use the car in any other careless, reckless, negligent, or unlawful manner; and
Sell or transfer the car to another person or entity.
In accordance with the provisions of Article 6:230s and Article 7:11 of the Civil Code, the buyer bears the risk of loss or damage to the car during the cooling-off period until the car is delivered to us.
If the buyer violates one or more of the provisions as mentioned in the preceding paragraphs or uses the car in a manner other than necessary to determine the nature, characteristics, or operation of the car, the buyer is liable to the seller for the depreciation of the car caused by such actions. The amount

XVII Exercise of the Right of Withdrawal and Costs

To exercise the right of withdrawal, the buyer must clearly inform us of the decision to withdraw within the fourteen-day withdrawal period. This can be done by using the model form for exercising the right of withdrawal, which is available on our website. The buyer may also communicate the decision to withdraw in any other clear and unambiguous manner.
The buyer must return the car (including the original specifications and all parts and accessories that came with the car) without undue delay and no later than fourteen days after the day on which the buyer informed us of the decision to withdraw, in accordance with the preceding paragraph. The costs of returning (return costs) the car are at the expense of the buyer. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the buyer.
If the buyer exercises the right of withdrawal, only the purchase of the car is considered dissolved. Additionally, any other agreements with third parties are the responsibility and risk of the buyer to terminate.
The buyer hereby declares in advance to cooperate in changing the registration of the car with the Road Traffic Service (RDW) as soon as possible. Without this action, the right to a refund of the purchase price – possibly reduced by the observed depreciation – is suspended.
In case of withdrawal, we will refund all payments made by the buyer, including any delivery costs (excluding return costs) for the car, without undue delay but within 14 days following the day on which the notice of withdrawal reached us and when the car is made available to us again, subject to the provisions of Articles XVI and XVII of these terms and conditions.
This refund will be made using the payment method used by the buyer for the car, unless agreed otherwise.
We are entitled to offset the amounts owed to us by the buyer against the purchase price, which we will refund in case of withdrawal.

XX Processing of Your Personal Data

In the context of our business operations, we process and store your personal data. This includes:

– Contact details (such as name, address, phone number, email address, customer number); and

– Usage and car data (such as services used, license plate, chassis number, car registration, maintenance data, preferences).

We use your personal data for the following purposes:

– To deliver agreed-upon (maintenance) services and products, recall, and meet your requests;

– To analyze and optimize our services, also by combining your data with other relevant information; and

– For (direct) marketing and sales purposes.

You can object to our processing of your personal data for direct marketing purposes. Please contact our customer service.
Our privacy statement provides more information about our processing of your personal data and the rights you have in this regard.

XIX Applicable Law and Disputes

Only Dutch law applies to all our offers and agreements.
Except for disputes regarding the factory warranty, for which separate regulations apply in the warranty conditions, all disputes arising from an offer and/or agreement, to which these sales and delivery conditions apply, or arising from additional agreements resulting from such agreements, will be adjudicated by the court in the district where our statutory domicile is located. If the dispute falls within the jurisdiction of a District Court unless we, for reasons that concern us,

Our Terms & Conditions

Version 09 May 2024