General terms and conditions Garage Woest
ARTICLE 1 | DEFINITIONS
- Garage Woest: the user of these general terms and conditions, established in Nunspeet, registered with the Chamber of Commerce under number 73624691.
- Counterparty: the natural or legal person with whom Garage Woest has concluded an agreement.
- Agreement: any agreement concluded between Garage Woest and the counterparty under which Garage Woest undertakes to perform work and/or deliver goods.
- Work: all activities to be performed by Garage Woest under the agreement, including maintenance and repairs to cars and APK (periodic vehicle inspection) inspections, including passenger and commercial vehicles.
- Goods: all items to be used or delivered to the counterparty in connection with the agreement.
- Written: traditional written communication, email, official WhatsApp messages, or verbal agreement subsequently confirmed by Garage Woest via a short WhatsApp or email message.
ARTICLE 2 | GENERAL PROVISIONS
- These general terms and conditions apply to every offer made by Garage Woest and to every agreement concluded between the counterparty and Garage Woest.
- The applicability of any general or other terms and conditions of the counterparty is expressly rejected.
- Deviations from these general terms and conditions are only valid if they have been explicitly agreed upon in writing by the parties.
- The annulment or nullity of one or more provisions of these terms and conditions does not affect the validity of the remaining provisions. In such a case, the parties are obliged to consult with each other to make a substitute arrangement for the affected clause, taking into account the purpose and intent of the original provision as much as possible.
ARTICLE 3 | OFFER AND FORMATION OF THE AGREEMENT
- Every offer by Garage Woest is non-binding and made orally or in writing. Garage Woest is never obliged to accept an order.
- The counterparty cannot derive any rights from an offer based on incorrect or incomplete information provided by them.
- A combined quotation does not oblige Garage Woest to fulfill part of the offer at a corresponding part of the quoted price.
- The agreement is concluded by offer and acceptance. If the acceptance of the counterparty deviates from Garage Woest’s offer, the agreement is not formed according to the deviating acceptance unless Garage Woest indicates otherwise. A maintenance, repair, or inspection agreement is considered concluded at the moment Garage Woest has confirmed the assignment or has started the work.
ARTICLE 3A | RIGHT OF WITHDRAWAL FOR CONSUMERS
1. If the counterparty is a consumer, they have a statutory right of withdrawal of 14 days after receiving the order confirmation.
2. However, this right of withdrawal lapses entirely if:
a. the consumer explicitly agrees in writing (including via email, WhatsApp, telephone, or orally) to the immediate commencement of work before the withdrawal period ends; and
b. the consumer acknowledges that they waive the right of withdrawal by giving such consent.
3. Garage Woest will clearly record in the order confirmation:
- the communication medium used for the consent;
- that the consumer agrees to immediate execution;
- and that they waive the right of withdrawal.
4. Without such prior written consent, the consumer retains the right of withdrawal, even if the work has already started and cannot be undone.
ARTICLE 4 | DIAGNOSTIC COSTS
- For diagnosing issues, Garage Woest charges a standard hourly rate of €90 excluding VAT, based on our regular labor rate.
- Garage Woest reserves up to 3 hours for diagnostic work unless agreed otherwise.
- If the diagnostic work takes longer than 3 hours, Garage Woest will contact the counterparty to obtain additional authorization to continue the diagnostics.
- If the counterparty decides not to proceed with the diagnostics or does not provide further authorization, only the costs incurred up to that point will be charged.
ARTICLE 5 | CANCELLATION OF WORK
The counterparty may cancel the order before work has commenced. In case of cancellation, the counterparty is liable for any costs already incurred by Garage Woest and a reasonable fee for loss of occupancy.
ARTICLE 6 | AMENDMENT OF THE AGREEMENT AND ADDITIONAL WORK
- If a fixed price is agreed and changes are necessary for proper completion, parties will consult to revise the agreement. This may result in price changes, for which Garage Woest will provide prior notification.
- If a target price is agreed, Garage Woest may exceed this by up to 10% without prior consultation. Exceeding this requires additional agreement.
- If the counterparty requests modifications or additions, extra costs will be borne by them. Garage Woest will notify the counterparty unless the necessity was obvious.
- Modifications may affect the delivery time. The counterparty accepts such changes.
- Additional costs caused by incorrect information from the counterparty will be charged unless Garage Woest should have reasonably discovered the errors.
- Garage Woest may refuse unreasonable amendment requests.
- Agreements on additional work must be made by mutual agreement.
ARTICLE 7 | SALE OF GOODS
- This article applies if the agreement concerns goods only.
- Goods are collected at Garage Woest’s location unless delivery is agreed.
- If delivery is agreed, the method and packaging are chosen by Garage Woest, and delivery costs are charged unless stated otherwise.
- The counterparty must accept goods when made available. If they refuse, goods are stored at their expense and risk.
- Risk passes to the counterparty upon delivery.
- Partial delivery is permitted. Each part may be invoiced separately.
ARTICLE 8 | SUSPENSION AND TERMINATION
- Garage Woest may suspend or terminate the agreement if the counterparty breaches obligations or if circumstances reasonably suggest non-fulfillment.
- In case of bankruptcy, debt restructuring, or seizure, Garage Woest may terminate the agreement immediately.
- Garage Woest may also terminate if performance becomes impossible or unreasonable.
- The counterparty has no right to compensation for valid suspension or termination.
- The counterparty must compensate any damages caused to Garage Woest.
- Upon termination, all claims become immediately due.
ARTICLE 9 | WARRANTY
1. Warranty on work and goods is 1 year from delivery, unless:
- No warranty is provided on electronics.
- Used parts carry a 3-month warranty unless agreed otherwise.
- No warranty is provided on used parts sold separately.
2. Warranty is void if the defect is due to external causes or misuse.
3. Warranty also voids if repairs are made without Garage Woest’s approval or due to negligence.
4. No warranty if payments are overdue.
5. Inspection costs for excluded warranty claims are charged to the counterparty.
6. This article does not affect statutory consumer rights.
7. Warranty claims must be submitted within a reasonable time. If valid, Garage Woest will repair or replace the item or redo the work at its discretion.
8. Claims do not suspend payment obligations.
ARTICLE 9A | PRIVACY & DATA PROTECTION
- Garage Woest processes personal data (name, address, license plate, vehicle type, images) in accordance with the GDPR.
- See www.garagewoest.nl/privacy-policy/ for full details.
ARTICLE 9B | COMPLAINT PROCEDURE
- Complaints about work or invoices must be submitted in writing within 30 days of the invoice date.
- Garage Woest will respond within 14 days and seek resolution through mutual agreement.
ARTICLE 10 | FORCE MAJEURE
- Garage Woest is not liable for non-performance due to force majeure.
- If force majeure lasts or is expected to last longer than one week, both parties may terminate the agreement.
- Partial performance may be invoiced separately.
ARTICLE 11 | PRICES AND PAYMENTS
- All prices are based on the rates valid at the time of offer or agreement.
- Garage Woest may adjust prices due to changes in VAT or other levies.
- Garage Woest may require full or partial advance payment. Consumers may be required to pay a maximum of 50% unless they agree otherwise.
- If there is justified concern regarding payment, Garage Woest may demand security.
- In case of liquidation or insolvency, claims become immediately due.
- Payment is due upon delivery unless agreed otherwise. Bank transfers must be paid within the term stated on the invoice.
- In case of late payment, statutory (commercial) interest applies from the due date.
- Collection costs are borne by the counterparty, calculated per the Dutch Collection Costs Act.
ARTICLE 12 | LOAN VEHICLE/REPLACEMENT VEHICLE
- For short repairs, a loan vehicle may be provided free of charge if available.
- The vehicle may only be driven by the customer.
- Return the vehicle with a full tank. If not, refueling charges apply.
- The deductible for damage is €750 per incident.
- The vehicle must be returned in original condition. Smoking and pets are prohibited. Cleaning costs apply if ignored.
- Traffic violations are charged to the user. Administration fee per fine: €10.
- Garage Woest is not liable for direct, indirect, or special damage or loss of personal items.
- The customer must present valid ID and driving license. Garage Woest may record:
- Full name
- Address and residence
- Phone number
- License number and expiry date
- Date/time of issue and return
- Vehicle registration and mileage
Data is processed:
- For fines, claims, or legal purposes
- According to GDPR, stored for 12 months unless needed longer
9. The customer signs a separate agreement declaring:
- They are aware of Article 12
- They are the sole user
- They will return the vehicle in original condition
- They accept responsibility for fines and damages
Use of the loan car implies agreement with our terms.
ARTICLE 13 | LIABILITY
- Warranty per Article 9 is the sole compensation. Except in cases of intent or gross negligence, Garage Woest is not liable for further damage.
- No liability for advice.
- Garage Woest must be allowed to repair damage. If not, liability is void.
- No liability for consequential loss, including lost profit or business interruption. Only direct loss is compensable:
- - Reasonable costs to determine damage and cause
- - Costs to remedy defects
- - Costs to prevent or limit direct damage
5. If liability exists, it is limited to the invoice value or insured amount.
6. No liability beyond the amount covered by insurance.
7. Claims expire one year from cause.
8. Consumer warranty claims expire two years after discovery.
9. Except in cases of gross negligence or intent, the counterparty indemnifies Garage Woest against third-party claims.
ARTICLE 14 | RIGHT OF RETENTION
Garage Woest may retain the vehicle until full payment, including interest and costs, unless adequate security is provided.
ARTICLE 15 | RETENTION OF TITLE
- All goods remain the property of Garage Woest until full payment is made.
- Goods may not be sold, pledged, or encumbered.
- Third-party claims on goods must be reported.
- Garage Woest may access premises to retrieve unpaid goods. Costs are borne by the counterparty.
ARTICLE 16 | FINAL PROVISIONS
- Dutch law applies to all agreements and legal relationships.
- Parties will first attempt to resolve disputes amicably.
- Unless otherwise required by law, disputes fall under the jurisdiction of the Dutch court in the district of Garage Woest’s location.