Terms of service

0. Definitions

AutoXtreme: Registered in the Chamber of Commerce under number 87819422, VAT ID NL004484737B13, located at Sydwende 76, 9204 KG Drachten.

Counterparty: The party entering into an agreement with AutoXtreme or to whom AutoXtreme has made an offer.

Consumer: The Counterparty, being a natural person acting for purposes unrelated to their trade, business, craft, or professional activities.

Agreement: Any oral or written agreement between AutoXtreme and the Counterparty, any modification or addition thereto, and all actions taken in preparation for and/or execution of that agreement.

Parties: AutoXtreme and the Counterparty together.

1. When do these terms apply?

1.1 These general terms apply to all offers and quotations from AutoXtreme and to any Agreement between AutoXtreme and a Counterparty.

1.2 The applicability of any other terms is explicitly rejected. Deviations or additions to these terms are only possible if AutoXtreme has agreed to them in writing and apply solely to the portion of the Agreement for which this agreement was given.

1.3 If one or more provisions of these terms are wholly or partially voided or annulled, the remaining provisions remain fully applicable. AutoXtreme will then agree with the Counterparty on a new provision that closely reflects the original provision.

1.4 If AutoXtreme does not always demand strict compliance with these terms from a Counterparty, this does not mean that the provisions of these terms are no longer applicable or that AutoXtreme loses the right to demand strict compliance in other cases.

2. Offers and quotations ("offers")

2.1 The nature and scope of the Agreement are determined by the description of the work included in the offer.

2.2 All offers from AutoXtreme are non-binding unless a deadline for acceptance is explicitly stated in the offer. This means that AutoXtreme has the right to change the terms of the offer. A Counterparty cannot derive any rights from an offer made. An offer expires if the offered products are no longer available in the meantime.

2.3 AutoXtreme cannot be bound by its offers if the Counterparty reasonably should have understood that the offer, or part of it, contains an obvious error or mistake.

2.4 Offers do not automatically apply to future agreements.

2.5 If AutoXtreme includes a breakdown of prices in an offer, AutoXtreme cannot be obligated to perform part of the Agreement for a proportionate part of the overall price.

2.6 AutoXtreme is always entitled to change the agreed price without the Counterparty being entitled to terminate the Agreement if the price increase arises from a legal authority or obligation, or as a result of an increase in the price of the product or other reasons that were not foreseeable at the time the agreement was made.

2.7 All quoted amounts are exclusive of VAT and shipping costs unless stated otherwise.

3. Agreement

3.1 An Agreement between the Parties, or any modification thereof, is concluded when (I) the Counterparty accepts AutoXtreme's offer or quotation unchanged, or (II) AutoXtreme confirms the Agreement in writing, or (III) AutoXtreme has fully or partially executed the Agreement.

3.2 AutoXtreme may require sufficient security from the Counterparty before or after the conclusion of the Agreement, and before further delivery, to ensure that payment obligations and any other obligations will be met. AutoXtreme may request a down payment on the invoice amount before starting the execution of the Agreement. The Counterparty's refusal to provide the required security gives AutoXtreme the right to refuse the Agreement.

4. Right of Withdrawal

4.1 A Consumer may cancel the Agreement without giving any reason in the case of distance selling. The Consumer must notify AutoXtreme of their withdrawal within 30 days after receiving the product.

4.2 The right of withdrawal cannot be invoked in certain cases (Article 6:230p Dutch Civil Code). This applies, for example, to personalized products or if the seal is broken.

4.3 During the 30-day cooling-off period, the Consumer must handle the product and its packaging carefully. The Consumer may only unpack the product to the extent necessary to assess whether they want to keep the product. If the Consumer exercises the right of withdrawal, they must return the product with all supplied accessories—if reasonably possible—in its original condition and packaging (undamaged!) to AutoXtreme, following the reasonable and clear instructions provided by AutoXtreme.

4.4 To exercise the right of withdrawal, the Consumer must notify AutoXtreme within 30 days of receiving the product. This can be done via the return policy as shown on AutoXtreme’s website, by sending an unequivocal statement indicating that they wish to withdraw from the Agreement, or by submitting the completed Model Withdrawal Form (which can be sent upon request) to the following email address: info@autoxtreme.nl. The Consumer must then return the product within 14 days after giving notice. The Consumer bears the burden of proof for returning the product on time and submitting the unequivocal declaration.

4.5 If the Consumer uses the right of withdrawal, they are responsible for the return shipping costs.

4.6 If the Consumer does not notify AutoXtreme of their intention to exercise the right of withdrawal or does not return the product within the prescribed timeframes, the purchase becomes final.

4.7 A reduction in the value of the product during the cooling-off period may be charged to the Consumer if it results from handling the product in a manner that goes beyond what is necessary to ascertain the nature, characteristics, and functioning of the product.

4.8 A reduction in value is presumed in the case of visible damage to the product and/or the failure to return the product in full. In such cases, the Counterparty is obliged to pay 100% of the purchase price to AutoXtreme, as determined solely by AutoXtreme.

5. Counterparty's Obligations

5.1 The Counterparty must ensure that all information and documents deemed necessary by AutoXtreme for the correct and timely execution of the Agreement, or which the Counterparty should reasonably understand to be necessary, are provided to AutoXtreme in the desired format and manner.

5.2 The Counterparty is responsible for the accuracy, completeness, and reliability of the information and documents provided to AutoXtreme, even if they originate from or via third parties.

5.3 If AutoXtreme prepares an estimate for third-party costs at the Counterparty’s request, this estimate is indicative.

5.4 If the Counterparty fails to fulfill its obligations as mentioned in this article, whether partially or timely, AutoXtreme has the right to suspend the execution of the Agreement until the Counterparty fulfills its obligations. If AutoXtreme incurs costs as a result, these costs will be borne by the Counterparty.

6. Execution of the Agreement

6.1 All work performed by AutoXtreme in the execution of the Agreement will be carried out to the best of its knowledge and ability. AutoXtreme is committed to making efforts, but does not guarantee any result or outcome.

6.2 AutoXtreme has the right to have the work carried out by third parties.

6.3 AutoXtreme determines the manner and persons who will execute the Agreement.

6.4 Agreed (delivery) times for the execution of the Agreement or delivery of specific items are indicative and are never strict deadlines. If a deadline is missed, the Counterparty must grant AutoXtreme a reasonable period to fulfill the Agreement.

6.5 AutoXtreme may execute the Agreement in phases and charge the Counterparty separately for each completed phase.

6.6 If the Parties agree to modify or supplement the Agreement, the delivery time may be affected. AutoXtreme will inform the Counterparty as soon as possible. If the modification or addition to the Agreement has financial or qualitative consequences, AutoXtreme will notify the Counterparty in advance.

7. Delivery

7.1 The place of delivery is the address communicated by the Counterparty to AutoXtreme.

7.2 The time of delivery is defined as follows:

• If the Parties have agreed that AutoXtreme will deliver goods to the Counterparty's office or another place designated by the Counterparty: the moment AutoXtreme offers the goods at the designated location, even if the Counterparty refuses to accept the goods at that time.
• If the Counterparty is to collect the goods from AutoXtreme's office or another designated location: the moment the Counterparty is scheduled to collect the goods, even if they refuse to accept the goods at that time or fail to appear at the agreed place and time to collect the delivery.

7.3 From the moment of delivery, the risk of damage, loss, theft, and destruction of the goods rests with the Other Party.

7.4 Shipments abroad are made under the standard Ex Works (Incoterms).

7.5 Orders over €30 will be shipped free of charge to the Other Party. An additional surcharge may apply for certain countries.

7.6 Orders placed on weekdays before 10:00 PM will be shipped the same day. Exceeding the delivery time does not entitle the Other Party to compensation and/or a discount on the order and cannot lead to the cancellation of the agreement, unless the delivery delay is such that it cannot reasonably be expected that the agreement will be maintained.

7.7 The Other Party is obligated to take delivery of the goods when they are delivered to them. If the Other Party refuses delivery or fails to provide necessary instructions for the delivery, AutoXtreme has the right to store the goods at the Other Party's expense and risk.

7.8 For the determination of the delivery date and what the Other Party owes to AutoXtreme, AutoXtreme's administration is decisive.

7.9 The Other Party can exercise its right of withdrawal under the following conditions:

• The order must be returned within 30 days of delivery.

7.10 The Other Party may return orders from outside the Netherlands under the following conditions:

• The order must be returned within 30 days of delivery.
• Return costs may vary depending on the country and the courier service.

8. Suspension and Termination

8.1 AutoXtreme has the right to suspend the performance of the Agreement or to terminate the Agreement without being obliged to pay any compensation, indemnification, or costs if:

• The Other Party fails to fulfill, partially fulfills, or delays the obligations under the Agreement;
• AutoXtreme learns of circumstances after the conclusion of the Agreement that provide good reason to fear that the Other Party will not fulfill the obligations;
• Due to delay on the part of the Other Party, it can no longer reasonably be expected that AutoXtreme will fulfill the Agreement under the originally agreed conditions;
• The Other Party does not provide the required security for fulfilling their obligations under the Agreement.

In these cases, the Other Party is liable for compensation for all damages (including costs) directly or indirectly incurred by AutoXtreme.

8.2 AutoXtreme always has the right to refuse or terminate an Agreement or a modification thereof if the Agreement conflicts with legal provisions or regulations. AutoXtreme may also refuse or terminate an Agreement if it believes the Agreement may damage the interests or reputation of its business.

8.3 If the Agreement between the Parties is terminated, AutoXtreme's claims against the Other Party become immediately due.

8.4 In the case of liquidation, (application for) suspension of payment or bankruptcy, attachment against the Other Party (lasting more than three months), debt restructuring, or any other circumstance in which the Other Party can no longer freely dispose of their assets, AutoXtreme may terminate the Agreement immediately, without any obligation for AutoXtreme to pay any compensation or indemnification. In such cases, AutoXtreme's claims against the Other Party become immediately due.

9. Force Majeure

9.1 AutoXtreme is not obliged to fulfill an obligation under the Agreement if there is a case of force majeure (Article 6:75 of the Dutch Civil Code).

9.2 In addition to what is provided by law and jurisprudence, force majeure includes: any external causes, whether foreseen or unforeseen, over which AutoXtreme has no control, but which prevent AutoXtreme from fulfilling the obligations under the Agreement. This includes situations like labor strikes at AutoXtreme’s business or with third parties, and situations where AutoXtreme receives delayed deliveries from its suppliers. AutoXtreme can also invoke force majeure if it occurs after AutoXtreme was required to fulfill the Agreement.

9.3 AutoXtreme has the right to suspend its obligations under the Agreement during the period of force majeure. Both Parties have the right to terminate the Agreement without compensation if the force majeure period lasts longer than three months.

9.4 If AutoXtreme has already partially fulfilled its obligations under the Agreement when force majeure occurs, AutoXtreme may invoice the Other Party for this part of the Agreement. The Other Party is then obligated to pay this invoice as if it were a separate agreement.

10. Fees and Payment

10.1 Unless otherwise agreed in writing, payment must be made within 14 days after the invoice date, and the Other Party is obliged to pay in advance.

10.2 In the case of non-payment or late payment, the Other Party is in default without prior notice or demand from AutoXtreme after the payment term has expired. A consumer will first be notified by AutoXtreme about the late payment and will be given 14 days to fulfill the payment obligation. The Other Party will owe statutory interest on the outstanding amounts (including collection costs) from the due date of the invoice until the full amount is paid. All reasonable judicial and extrajudicial costs incurred to obtain payment will also be borne by the Other Party.

10.3 AutoXtreme has the right to apply the payments made by the Other Party first to cover costs, then to reduce any overdue interest, and finally to reduce the principal amount and ongoing interest. Payments from the Other Party will always be applied by AutoXtreme to settle the oldest overdue claims.

10.4 The Other Party is never entitled to offset the amounts owed to AutoXtreme.

10.5 Objections to the amount of an invoice or other complaints do not suspend the payment obligation of the Other Party.

11. Liability

11.1 Any liability of AutoXtreme is always limited to what is regulated in these general terms and conditions.

11.2 AutoXtreme and the third parties it engages are not liable for damages of any kind arising from:

• Incorrect or incomplete information provided by the Other Party;
• The purchase of replacement goods, services, or technology;
• Normal wear and tear or depreciation of the product occurring without fault;
• Connection to incorrect voltage or power type;
• The product being purchased second-hand;
• The serial number being non-existent, altered, erased, removed, or otherwise made illegible;
• Commercial use of products;
• Changes made by the Other Party or third parties to the product;
• Unskilled, careless, or improper use of the product, including using it in a way other than prescribed or exposing it to abnormal conditions;
• Circumstances beyond the control of AutoXtreme.

11.3 The liability of AutoXtreme is limited to the amount paid out by its insurer in the case of liability, or if no payout is made, to the maximum invoiced amount for the (partial) Agreement that the liability concerns (for a maximum of the last two calendar months, if applicable).

11.4 AutoXtreme is only liable for direct damage. Direct damage is defined as: (I) the reasonable costs to determine the cause and extent of the damage, (II) any reasonable costs incurred to bring AutoXtreme's defective performance in line with the Agreement, if the defect can be attributed to AutoXtreme, and (III) reasonable costs incurred to prevent or limit damage, provided the Other Party proves that these costs led to a reduction of direct damage as described in these terms.

11.5 AutoXtreme is never liable for indirect damage, including consequential damage, lost profits, missed savings, and damage caused by business interruptions.

11.6 The liability limitations in this article do not apply if the damage is caused by intent or gross negligence on the part of AutoXtreme.

12. Indemnity

12.1 The Other Party indemnifies AutoXtreme, and the third parties engaged by AutoXtreme, against any liability towards third parties who suffer damage due to the execution of the Agreement and/or delivered goods.

12.2 If the Other Party uses or applies any result obtained from AutoXtreme or allows third parties to do so, the Other Party indemnifies AutoXtreme from any liability for damage claimed by the Other Party and/or third parties.

13. Retention of Title

13.1 All goods delivered by AutoXtreme under the Agreement remain the property of AutoXtreme until the Other Party has fully complied with all obligations under the Agreement(s) with AutoXtreme.

13.2 The Other Party is not authorized to sell, deliver, or otherwise dispose of these goods.

13.3 The Other Party grants unconditional and irrevocable permission to AutoXtreme and any third parties designated by AutoXtreme to enter any location where AutoXtreme's property is located and retrieve the goods. The Other Party will notify AutoXtreme immediately if they experience payment difficulties or are likely to experience them.

14. Duty of Inspection and Complaints

14.1 The goods delivered by AutoXtreme meet the usual standards and requirements that can reasonably be expected at the time of delivery and are intended for the purpose specified in the product information. The Other Party must inspect the goods immediately upon receipt to determine whether the quality and/or quantity match what was agreed. Any complaints must be submitted in writing to AutoXtreme within 7 days of delivery. The Other Party must allow AutoXtreme to investigate the complaint.

14.2 There may be differences in the appearance of the delivered product compared to previous (online or physical) images, sketches, etc. shown by AutoXtreme, such as color shade or shape. These differences do not provide grounds for complaints.

14.3 The Buyer has no right to repair, replacement, or any other compensation if a defect has arisen due to or as a result of (1) the situation where the Buyer or third parties, without written consent from AutoXtreme, have made repairs and/or alterations to the item or have attempted to do so; (2) if the delivered product has been exposed to abnormal conditions; (3) if the delivered product has been used in a manner other than prescribed (inexpert, careless, or improper use); or (4) if the defect is entirely or partially due to regulations set by the government regarding the nature or quality of the materials used.

14.4 If a defect is identified and is reported in a timely manner, AutoXtreme will replace or repair the defect within a reasonable period after receiving written notice from the Buyer.

14.5 The submission of complaints does not release the Buyer from their obligation to accept and pay for the goods from AutoXtreme.

14.6 If a defect/complaint is not reported in a timely manner, the Buyer no longer has the right to repair, replacement, or any other compensation.

14.7 The limitation period for all claims and defenses against AutoXtreme and third parties involved by AutoXtreme in the execution of an agreement, which do not fall under the complaint obligation, is one year.

15. Exclusion of Warranty

15.1 In the case of careless use of the product by the Buyer, there is no warranty and/or obligation on the part of AutoXtreme. This also includes the requirement that the Buyer reports any defect in the product to AutoXtreme as soon as possible, but no later than 2 months after discovering the defect. The following is also excluded from the warranty:

• Normal wear and aging, such as discoloration of the product or a reduction in battery capacity.
• Commercial use of the products.
• Use beyond normal household use.
• The product has been purchased second-hand.
• The serial number does not exist or has been changed, erased, removed, or otherwise made unreadable.
• Connection to incorrect voltage or type of current.
• Defects that did not arise due to the product not being used "normally," such as inexpert use, using consumer products for professional purposes, or disassembly.

Additionally, the warranty will expire:

• At the moment the products become unusable due to breakage.
• If, during inspection, it is found that the product has already been attempted to be repaired by a third party. In this case, the inspection costs are the responsibility of the Buyer.

16. Privacy

AutoXtreme is familiar with the General Data Protection Regulation (GDPR) and takes this into account when processing the (personal) data of the Buyer. No (personal) data will be shared with third parties unless (i) it is necessary for the proper execution of the Agreement; or (ii) AutoXtreme has a legal obligation to share the (personal) data; or (iii) AutoXtreme has received explicit consent from the Buyer; or (iv) if one of the other legal grounds for processing personal data applies. If the Buyer decides to provide personal data of third parties to AutoXtreme, the Buyer must ensure a proper data processing agreement that complies with the requirements set by the GDPR.

17. Applicable Law and Disputes

17.1 Dutch law applies exclusively to all legal relationships with AutoXtreme.

17.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) of 1980 is expressly excluded.

17.3 The competent court in the place of establishment of AutoXtreme is exclusively authorized to hear disputes, unless mandatory law prescribes otherwise.

17.4 The parties will only resort to the courts after they have made every effort to resolve a dispute between them.