Tuesday to Sunday: 10 a.m.-5 p.m.
General conditions of sale
Terms of Sale for Kempen Auto’s webshop, website and garage
Welvaartsstraat 4B 2381 Weelde België E-mail: infokempenauto@gmail.com
ARTICLE 1: General provisions
The website of Kempen Auto’s, located at Welvaartsstraat 4B, 2381 Weelde, Belgium, offers its customers the opportunity to purchase products from its webshop online.
General conditions apply to any order placed by a visitor to this website. When placing an order via Kempen Auto’s webshop, the customer must expressly accept these conditions, thereby agreeing to the applicability of these conditions to the exclusion of all other conditions. Additional terms and conditions of the customer are excluded, unless they have been accepted in advance, in writing and expressly by Kempen Auto’s.
ARTICLE 2: Price
All prices stated are expressly in Euros, always including VAT and all other taxes or duties to be borne by the customer.
ARTICLE 3:
Despite the fact that the online catalog and website are compiled with the utmost care, it is still possible that the information offered is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind Kempen Auto’s. Kempen Auto’s is regarding the accuracy and completeness of the offered information only held to a means commitment. Kempen Auto’s is in no case liable in case of manifest material errors, typesetting or printing errors.
If the customer has questions about, for example, sizes, color, availability, delivery time or delivery method, we request the customer to contact our customer service department in advance.
The offer is always valid while supplies last and may be modified or withdrawn by Kempen Cars at any time. Kempen Cars cannot be held liable for the unavailability of any product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
ARTICLE 4: Online purchases
Each customer who wishes to purchase one or more items in the Kempen Auto’s webshop must disclose all personal data to Kempen Auto’s in order to guarantee a smooth processing.
Kempen Auto’s is entitled to refuse an order pursuant to a serious shortcoming of the customer regarding orders involving the customer.
ARTICLE 5: Delivery
Items ordered through Kempen Auto’s webshop are delivered in Belgium, the Netherlands, France, Germany and Luxembourg.
Unless otherwise agreed or expressly stipulated, the goods will be delivered to the customer’s specified delivery address within 30 days of receipt of the order.
Kempen Auto’s deals in second-hand goods. As a result, signs of use will be present on the goods.
Risk for loss or damage passes to the customer as soon as he (or a third party designated by him, who is not the carrier) takes physical possession of the goods. However, the risk already passes to the customer upon delivery to the carrier, if the carrier has been instructed by the customer to transport the goods and this choice had not been offered by Kempen Auto’s.
ARTICLE 6: Retention of title
The delivered items remain the exclusive property of Kempen Auto’s until the moment of full payment by the customer.
The customer undertakes, if necessary, to point out the retention of title of Kempen Auto’s to third parties, e.g. to anyone who would come to seize the items not yet paid in full.
ARTICLE 7: Right of Recall
The provisions of this article apply only to customers who purchase items online from Kempen Auto’s in their capacity as consumers.
The customer has the right to revoke the contract within a period of 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days after the day of the conclusion of the contract.
To exercise the right of withdrawal, the customer must inform Kempen Auto’s of its decision to withdraw from the contract by an unequivocal statement (e.g. in writing by mail or e-mail).
To comply with the withdrawal period, the customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
The customer must return or hand over the goods to Kempen Auto’s without delay, but in any event no later than 14 calendar days from the day on which he communicates his decision to withdraw from the contract to Kempen Auto’s. The customer is on time if he returns the goods before the period of 14 calendar days has expired.
The direct cost of returning the goods shall be borne by the customer.
If the returned item is somehow diminished in value, Kempen Autos reserves the right to hold the customer liable to claim compensation for any diminution in the value of the goods resulting from the customer’s use of the goods that
ARTICLE 8: Warranty
Under the law of September 21, 2004 on consumer protection.
To invoke the warranty, customers must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the customer, the customer should contact us, Kempen Auto’s, and return the item to Kempen Auto’s at his/her own expense.
Upon discovery of a defect, the customer must notify Kempen Auto’s as soon as possible. In any event, any defect must be stated within a period of 2 months after its discovery by the customer. Thereafter, any right to repair or replacement will lapse.
The warranty (commercial and/or legal) is never applicable to defects that arise as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, modifications or alterations to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects. Subject to proof to the contrary by the customer.
ARTICLE 9: Customer Service
Kempen Auto’s customer service can be reached by phone at 0032 14739671, by e-mail infokempenauto@gmail.com or by mail to the following address Welvaartsstraat 4B 2381 Weelde Belgium. Any complaints can be addressed to this address.
ARTICLE 10: Penalties for non-payments
Without prejudice to the exercise of other rights available to Kempen Auto’s, in the event of non-payment or late payment, the client will automatically be liable, without prior notice, for interest at 10% per annum on the unpaid amount from the date of default. Furthermore, the client shall be liable, ipso jure and without prior notice, to pay liquidated damages of 10% on the amount concerned, with a minimum of €25 per invoice.
Notwithstanding the foregoing, Kempen Auto’s reserves the right to take back items that have not been paid for (in full). This article and rights also apply to vehicles that have not been paid for (in full).
After repair of vehicle, invoice must be paid immediately upon collection of vehicle, unless otherwise agreed in writing. If the customer fails to fulfill his payment obligations, we will invoke our right of retention until invoice is paid. In addition to the amount due we can charge a storage fee of €25 per day for the period the vehicle is stored at Kempen Auto’s. We may also charge a storage fee of €25 per day if a customer has paid his invoice but has not collected his vehicle, unless otherwise agreed.
ARTICLE 11: Privacy
We treat your data as confidential information and will not pass on, rent or sell it to third parties.
The personal data you provide will only be used for the following purposes:
- Processing your order
- Delivery and invoicing of the order
- After-sales service.
Kempen Auto’s keeps online (anonymous) visitor statistics in order to see which pages of the website are visited and to what extent.
ARTICLE 12: Assault validity not renunciation
If any provision of these conditions is declared invalid, unlawful or void, this shall in no way affect the validity, legality or applicability of the other provisions.
The failure at any time by Kempen Auto’s to enforce any of the rights enumerated in these terms and conditions, or to exercise any right hereunder, shall never be deemed a waiver of such provisions and shall never affect the validity of such rights.
ARTICLE 13: Changes to terms and conditions
These conditions are supplemented by other conditions expressly referred to and Kempen Auto’s General Terms and Conditions of Sale. In the event of contradiction, the present conditions shall prevail.
ARTICLE 14: Proof
The customer accepts that electronic communications and backups may serve as evidence.
ARTICLE 15: Theft of property, vehicle, fraud, vandalism, violence or other prohibited acts
Kempen Auto’s will report any (attempted) theft of goods, vehicles, fraud, intentional destruction, violence or other prohibited and criminal acts. Kempen Auto’s will hand over all evidence in their possession to justice such as camera images, written evidence, documents or otherwise.
ARTICLE 16: Applicable law- competent court
Belgian law shall apply, with the exception of the provisions of international private law on applicable law and with the exception of the Vienna Convention on Contracts for the International Sale of Goods. Unless the customer is a consumer, the courts of the district of Antwerp shall have exclusive jurisdiction in any disputes.
Last updated: 01/07/2023