Prerequisites.

The fine print we like to share

Article 1 - The offer

1. The seller makes an offer orally, in writing or digitally, which is valid for the period indicated. If no period is indicated, the offer is valid for two days, provided the car is still available.
2. If the seller makes a mistake in the offer this does not bind the seller.
3. Shift Up B.V. pays great attention and care to the data and information placed on its website. Nevertheless, it is possible that the website may contain any errors and/or inaccuracies. Shift Up B.V. reserves the right to modify its website or other online information at any time without notifying third parties. Shift Up is not responsible for the content and functioning of third party websites and/or sources of information and is not liable for the consequences of their use.

Article 2 - The Agreement

1. The seller records the agreement in writing or digitally and gives the buyer a copy of it. The agreement between buyer and seller is valid even if the agreement is not in writing.
2. Any additional agreements and/or undertakings bind Shift Up B.V. only if they are recorded in writing by persons authorized to represent Shift Up B.V. on its behalf.

Article 3 - The content of the agreement

The written or digital agreement shall include at least:
- the price and description of the car, parts, or accessories to be delivered by seller to buyer;
- the price and description of the car the seller is buying / trading in from the buyer
- the delivery date and/or whether this is a probable or fixed date. In any case, if no delivery date is agreed upon, the car, part, or accessory will be delivered within thirty days of the conclusion of the agreement. If the delivery date is delayed for any reason, Seller shall notify Buyer and may invoke force majeure.

Article 4 - The deposit

1. Seller applies a standard down payment of €1,000 on all agreements for the delivery of cars. This is an advance payment on the purchase price agreed between seller and buyer.
2. The amount of the down payment can be deviated from between seller and buyer.

Article 5 - Price changes

The seller may change the price based on a change in: a government levy, factory prices, importer prices or exchange rates. These will be passed on to the buyer at all times. When this is the case, the seller will notify the buyer of a price change and the reason for it as soon as possible.

Article 6 - The risk for the car

1. If the car purchased by buyer from seller breaks down or is lost, before the car is delivered to buyer, this will be at seller's expense and risk.
2. If the buyer's car to be purchased by the seller breaks down, receives damage that was not yet an issue at the time of the agreement, or the car is lost before the car is delivered to the seller, this shall be at the expense and risk of the buyer.

3. Damage incurred by Seller as a result of Buyer's failure to provide the registration certificate and/or the papers required for this purpose shall be borne by Buyer.

Article 7 - Delivery and default

1. If the estimated delivery date of the car, part or accessory is exceeded, the buyer must first give the seller notice of default. Seller will then be given another three-week period to deliver the car, part or accessory. If the seller has not delivered the car, part or accessory after the expiration of this deadline, the seller is in default.

2. In these cases no notice of default by the buyer is necessary:
- if the seller has given notice that he is not going to deliver;
- when the delivery before the agreed delivery date is essential, considering the circumstances at the conclusion of the contract, for example, because the buyer has given notice or because the car, part or accessory is needed for a special occasion.

Article 8 - Cancellation

1. The buyer may cancel the agreement within seven days, even if the seller is not in default. The buyer must make this known in writing or digitally.
2. If the buyer cancels within 24 hours after the conclusion of the agreement, the down payment is due to the seller. If the down payment has not yet been made, this amount must still be paid to the seller by the buyer.

3. If the buyer cancels after 24 hours after the conclusion of the agreement, the damage suffered by the seller is set at 15% of the total purchase price of the car, part or accessory, unless the parties agreed otherwise at the conclusion of the agreement, with a minimum of €1,000.
4. Damages must be paid within seven days of cancellation. If the buyer has not paid after seven days, the seller may notify the buyer in writing that the buyer must still fulfill the agreement. Thus, the buyer can then no longer appeal the cancellation.
5. The option to cancel expires when the car, part or accessory has already been delivered by the seller to the buyer.

Article 9 - Stabling costs

1. If the buyer fails to pick up the car within three business days after receiving notice that the car is ready, the seller may charge a reasonable storage fee.

Article 10 - Warranty on cars and parts/accessories.

1. New cars and new parts are only covered by the warranty given by the manufacturer or importer.
2. On used cars, the seller provides a standard warranty. The duration of this warranty is stated in the sales agreement and/or the transferred warranty conditions.

3. Buyer may expressly waive warranty in writing (e.g., because it has received a price advantage as a result).
4. No warranty is provided on separately delivered used parts. Defects that have occurred outside the European Economic Area (EEA) are not covered by the warranty on used cars, unless the buyer proves that the defects have not occurred as a result of circumstances that differ from those in the EEA, such as relatively inferior roads or fuel of a poorer quality.

Article 11 - The payment

1. Payment must be made in cash or by crediting the seller's bank account.
2. Payment from buyer to seller must be made at the time of or before delivery of the car, part or accessory or upon completion of the work.
3. Seller and buyer may agree in writing that payment need not be made immediately. 4. If it is expressly agreed in writing between seller and buyer that there will be another time of payment, then seller is entitled to charge monthly interest on the unpaid amounts.
6. Collection costs may be charged by the seller to the buyer for extrajudicial costs. The amount of these costs is subject to (legal) limits.

Article 12 - Retention of title on a car

The car delivered to the buyer remains the property of the seller until the buyer has paid everything he was required to pay under the purchase agreement. Until the buyer has obtained formal ownership of this car, he must insure the car WA + casco, pay the costs and bear the risk of the car being damaged or missing. He must also have maintenance performed at his expense. Buyer is liable as holder and driver of the car.

Article 13 - Force majeure 

  1. If Shift Up B.V. is unable to fulfill its obligations due to force majeure, those obligations shall be suspended for the duration of the force majeure condition. If the force majeure situation has lasted 14 days, the parties shall be entitled to dissolve the agreement in whole or in part. Dissolution shall take place by means of a written statement. There is no right to compensation in this regard. 
  2. Force majeure means any circumstance beyond the control of Shift Up B.V. as a result of which compliance with its obligations cannot reasonably be required of Shift Up B.V.. This applies regardless of whether that circumstance was foreseeable at the time the agreement was concluded. Such circumstances are also understood to include strikes, lockouts and stagnation or other problems at Shift Up B.V., as well as problems at suppliers, measures taken by government agencies and the absence of any government permit. 

Article 14 - The car to be purchased 

  1. Shift Up B.V. reserves the right to rescind the purchase of the car to be purchased or to recover the unforeseen costs, if the car does not comply with the agreement. This is, for example, if the car to be purchased does not possess the characteristics that Shift Up B.V. could expect on the basis of the agreement, also taking into account the nature of the item and the statements made by the seller about the car. 2. These defects must be reported by Shift Up B.V. to the other party within 48 hours. This is subject to Shift Up B.V.'s obligation to investigate. 

Article 15 - Deviations 

Deviations, including additions or extensions to these general terms and conditions, are only valid if they are laid down in writing by both parties. 

Article 16 - Personal data 

  1. Insofar as personal data are processed in the context of executing the agreement, such personal data will be processed by Shift Up B.V. in a proper and careful manner. This will be done in accordance with the General Data Protection Regulation (AVG). 
  2. On the basis of the personal data Shift Up B.V. processes, it can perform the agreement and fulfill its warranty obligations. In addition, Shift Up B.V. may use the data to provide an optimal service, provide the buyer with up-to-date car information in a timely manner and make personalized offers or apply direct marketing activities. Personal data may also be made available to third parties, including a garage company or suppliers.
  3. The car data are recorded in the system of the National Car Pass Foundation. Mileage readings are recorded in this system to prevent odometer fraud. 
  4. Technical and organizational measures will be taken to protect personal data against loss or any other form of unlawful processing, taking into account the state of the art and the nature of the processing Shift Up 

Article 17 - Applicable law and dispute resolution 

  1. All actions and offers from Shift Up B.V. are governed exclusively by Dutch law. 
  2. The applicability of the Vienna Sales Convention to agreements of Shift Up B.V. is expressly excluded. 
  3. All disputes, of whatever nature, shall therefore be settled by a court of competent jurisdiction in the Netherlands, unless the law expressly designates another court or arbitration board as competent.

Warranty conditions

Article 1 - General Conditions
1. If a defect occurs within the warranty period and conditions, it must at all times be repaired through Shift Up B.V. If you choose to have this done elsewhere without the written approval of Shift Up B.V., the warranty entitlement will lapse.
2. Shift Up B.V. will reimburse necessary transportation of your car to the nearest workshop within the Netherlands up to a maximum of €175 including VAT per case.
3. The maximum payment per warranty claim is € 3,500, including VAT with a maximum per warranty in total of € 5,000, including VAT.

Article 2 - Coverage and term
1. The warranty coverage starts at the time of delivery of the car and is valid for 6 months, unless expressly agreed otherwise in the purchase agreement.
2. When the car goes beyond the maximum mileage of 7,500 kilometers within the warranty period, the warranty on the car ends. This also applies the other way around.
3. The warranty covers defects that occurred within the warranty period. It must really be a defect. In other words, the part is broken and it no longer meets the standard prescribed by the manufacturer.
4. On cars fully or partially powered by an electric motor such as hybrids, plug-in hybrids, fully electric cars or cars with a range extender, we do not warranty the electric motor, battery packs and other parts that are part of the electrical circuit.
5. The warranty ends if the car is resold, stolen or totaled.

6. Warranty does not include wear and tear parts, such as tires and brakes.
7. The warranty does not cover damage/use marks.

Article 3 - Maintenance
1. You should carefully study the instruction booklet of the car and/or points of attention on the maintenance schedule. If a defect in the car occurs because you do not know and/or do not carry out the instructions in the instruction booklet, it is possible that you yourself (partly) contributed to the occurrence of the defect. As a result, warranty claims may be excluded.
2. As buyer of the car you are responsible for the maintenance of your car. When the maintenance history is (partly) not demonstrable or when insufficient and/or incompetent maintenance has taken place, warranty claims will be excluded.

Article 4 - Exclusion from warranty
1. If you yourself have (co-)contributed to the occurrence of a defect in the car, this defect and its repair are not covered by the warranty. This is the case, for example, in case of overloading the car, careless handling and/or not operating the car correctly. If you have contributed to these points yourself, the warranty claim is void.
2. When a defect occurs due to external calamity or the actions of third parties, it has nothing to do with the quality of the car. In this case, you cannot make a warranty claim.
3. If a third party can be held liable for (the occurrence of) a defect, you should always recover damages from this party. Claims that are covered by any other guarantee, warranty or goodwill scheme, or would be covered if this warranty did not exist, must be compensated by the provider thereof.

4. Design or manufacturing defects are not covered by the warranty. These remain the responsibility of the manufacturer.

5. Excessive oil consumption is usually an inherent property of a vehicle and is generally caused by gradual wear and tear. Excessive oil consumption is therefore not considered a sudden defect. The correction of excessive oil consumption will not be reimbursed under this warranty.

6. If you have continued to drive for too long with a defect that you could have noticed, the repair of the damage is not covered by the warranty.
7. The warranty is for the repair of your vehicle only. You are not entitled to any compensation for additional costs or other damage that may result from the defect.

8. Cars that have undergone mechanical and/or electronic modifications whereby factory settings have been changed or standard fitted parts have been replaced or removed are excluded from coverage under this warranty. This includes cars on which (engine) tuning or other modification has been performed.
9. If the odometer reading as visible on the odometer of the car is changed and does not correspond to the actual kilometers travelled, any right to compensation under the terms of this warranty will lapse.
10. If a part functions normally, it will not be replaced or repaired. If there is a (side) noise or changing characteristics and there is no defect, this will not be cause for repair.
11. Air suspension is not covered under warranty. If a defect occurs in the air suspension there is a goodwill arrangement in which Shift Up B.V. pays 30 percent of the costs.

Article 5 - Making a Claim
1. When an (incipient) defect occurs, you must report it immediately. Only if a defect is reported immediately (as soon as possible) after detection can warranty be granted.
2. Shift Up B.V. will carry out warranty repairs itself, unless permission is given by Shift Up B.V. to carry out (or have carried out) the repair at a third party. In this case Shift Up B.V. will only give a price agreement if the repairer provides a quotation in advance. This quotation should contain a detailed budget in which parts and labor are specified separately. This quotation serves as the basis for the payment.
3. If you engage an external party for repair yourself, without the agreement of Shift Up B.V., any right to compensation under the terms of this warranty is forfeited.

Article 6 - Acceptance and validity
1. Shift Up B.V. always has the right to terminate warranty upon suspicion of fraud or upon suspicion of disproportionate risk.
2. The warranty is personal and applies only to the purchaser of the vehicle.

Article 7 - Other Provisions
1. Dutch law shall apply to this policy, in case of disputes only the courts shall have jurisdiction. 2. By purchasing a car from Shift Up B.V., the buyer agrees to the relevant warranty provisions. The seller's liability is expressly limited to that which is covered by this warranty coverage. The validity of the warranty claim is always at the discretion of Shift Up B.V.

 

 

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