General terms and conditions

General Terms and Conditions MG EXCLUSIVE DETAILING

MG Exclusive Detailing and/or affiliates 
Oud Loosdrechtsedijk 113 | 1231 LS Loosdrecht | Nederland
T. +31 (0)35 631 35 52 | E. |
Chamber of Commerce nummber 32115089 | VAT number: NL002436983B90 | IBAN: NL75TRIO0198044461

Article 1 General
  1. In these conditions MG Exclusive Detailing with postal address Oud Loosdrechtsedijk 113, 1231LS LOOSDRECHT, further referred to as the seller and its contractual partner as the buyer. In case of provision of services the seller means co-contractor and buyer means co-client.
  2. These General Terms and Conditions apply to all offers from and agreements with the seller.
  3. A buyer who has once contracted with the seller in accordance with these General Terms and Conditions is deemed to be
    possibly subsequently to be given or entered into by him / her verbally, by e-mail, or in writing agreements to have tacitly agreed with the applicability of these General Terms and Conditions.
  4. The buyer does not count as a (commercial) agent or distributor of the seller unless he has agreed as such by written agreement
    has been appointed.
  5. These terms and conditions can only be deviated from if this has been expressly agreed in writing.
  6. By placing an order or assignment or using our website, you indicate that you are using the
    General Terms and Conditions, disclaimer and privacy statement. MG Exclusive Detailing reserves it
    right to change its General Terms and Conditions.
  7. Unless otherwise agreed in writing, the general or specific conditions or stipulations of
    third parties not recognized by MG Exclusive Detailing.
Article 2 Quotations
  1. Quotations are without obligation, unless stated otherwise in the quotation.
  2. The price lists and price statements of the seller are not quotations.
  3. Verbal commitments only bind the seller after they have been explicitly confirmed in writing.
  4. Purchasing and other conditions of a buyer are explicitly rejected by the seller, unless these are still explicitly accepted by the seller in writing.
Article 3 Forming the agreement
  1. Agreements are only concluded after an order or other assignment by the seller is feasible assessed. The seller has the right not to accept orders or  assignments, stating reasons only to be accepted on the condition that the shipment is made cash on delivery or after payment in advance, in which case the purchaser will be informed accordingly.
Article 4 Pictures
  1. All images, drawings, data on weights, dimensions, colors, etc. included in price lists and brochures are only approximate and cannot give rise to compensation and / or dissolution.
  2. All designs, images etc. as referred to in paragraph 1 made by or on behalf of the seller remain property of the seller and may not be copied or transferred without express written permission multiplied in any other way, nor shown to third parties or used in any way.
  3. The buyer is obliged to return this information to the seller on first request under penalty of a fine
    benefit of the seller of € 500 per day.
Article 5 Price
  1. The seller’s goods are delivered at the prices that apply at the time of ordering from the seller. The services of the seller are performed at the price that the seller has offered. The seller reserves its right to change the price, after consultation with the buyer, based on the condition of the car on the day of the order.
  2. For orders below a certain net value, an amount may be charged for shipping and handling costs, these costs as well as the total price are charged by the seller before the closing of the purchase agreement made known to the buyer. The costs for shipping by express are only for account
    from the buyer when he has requested such a method of shipping.
Article 6 Data management
  1. If you place an order with MG Exclusive Detailing, your data will be included in the customer base of MG Exclusive Detailing. MG Exclusive Detailing adheres to Dutch law and will not not provide your data to third parties. See our Privacy Statement.
  2. MG Exclusive Detailing respects the privacy of the users of the internet site and ensures a confidential treatment of your personal data.
  3. MG Exclusive Detailing uses a mailing list in some cases. Each mailing includes instructions to remove yourself from this list.
Article 7. Offers
  1. Offers are without obligation, unless stated otherwise in the offer.
  2. Upon acceptance of a non-binding offer by the buyer, MG Exclusive Detailing reserves the right to revoke or cancel the offer within 3 working days of receipt of that acceptance give way.
  3. Verbal commitments only binds MG Exclusive Detailing after they have been explicitly confirmed in writing.
  4. Offers from MG Exclusive Detailing do not automatically apply to repeat orders.
  5. MG Exclusive Detailing cannot be held to its offer if the customer should have understand that the offer, or any part thereof, contained an obvious mistake or clerical error.
  6. Additions, changes and / or further agreements are only valid if agreed in writing.
Article 8 Shipping / Delivery
  1. Deliveries take place exclusively within the Netherlands, unless explicitly agreed otherwise.
  2. The delivery time of orders is normally within 2 working days but a maximum of 30 days, unless otherwise stated. This delivery time is an indication and not a deadline.
  3. If the agreed delivery period is exceeded by the seller for whatever reason, the seller will inform the buyer of this in writing (letter, e-mail, WhatsApp). In that case, the buyer has the right to terminate the agreement with the seller, by writing this (letter, e-mail, WhatsApp) to seller.
  4. Any payments already made by the buyer in the context of the previous article will be made as soon as possible, but in any case, within fourteen (14) working days after the seller submits the request referred to in Article 6.3 has received termination of the agreement, refunded to the buyer’s bank or giro account.
  5. The delivery times stated by the seller will never be regarded as deadlines, unless expressly stated
    otherwise agreed.
  6. Delivery takes place at the place and time that the goods are ready for shipment to the buyer. Seller
    reserves the right to send and invoice orders in partial deliveries.
  7. Unless otherwise agreed in writing, the seller determines the method of shipment. In case seller’s way of shipment, the goods travel at the risk of the seller. The seller bears the risk of the goods the moment at which the goods are presented for receipt at the specified address.
  8. If delivery is postponed or accelerated at the request of the buyer, the buyer is obliged to pay compensation of the associated costs.
  9. The seller reserves the right to charge extra working hours if delivery is delayed due to circumstances that cannot be attributed to her.
  10. Seller is not obliged to deliver products once delivered, if these products are delivered by her or
    its suppliers have been discontinued or withdrawn from its sales program for any other reason.
    The buyer is obliged to receive the goods upon delivery. Failing that, the consequences will be for account and risk of the buyer.
  11. If the buyer, despite a summons to do so, has not collected the goods from the door within three weeks, Seller has the right to store the goods at its option privately or in the publicly sell and hold the original purchaser liable for any loss.
  12. The original buyer is at all times obliged to pay the costs of the aforementioned storage and the costs incurred by the seller, reimburse the (extra) shipping and handling costs incurred.
  13. Exceeding a delivery date never entitles the buyer to any compensation against it seller.
Article 9 Cooling-off period
  1. After the buyer has received the product ordered by him / her, the buyer has the right to dissolve the underlying agreement with the seller within seven (7) working days after receipt of this product. The buyer does not have to give a reason for this.
  2. If the buyer wishes to dissolve the agreement in accordance with article 7.1 of these terms and conditions, the buyer must notify the seller in writing (by e-mail, letter). The buyer must send the product – after consultation with the seller – to a return address determined by the seller. In this case, the buyer must bear the costs and risk for shipping.
  3. If the buyer has already made some payments at the time when the buyer concludes the agreement with the seller pursuant to article 7.1. and 7.2 of these Purchase Conditions, the seller will refund these payments, including the shipping costs paid by him, to the buyer within fourteen (14) working days after the seller has received the product returned by the buyer.
  4. Seller reserves the right to refuse returned products or to credit only part of the amount already paid, if it is suspected that the product has already been used or through the fault of the buyer (other than that of the seller or the supplier of the product). is damaged.
  5. If a product is returned that, in the opinion of the seller, has suffered damage that can be attributed to an act or negligence of the buyer or is otherwise at the risk of the buyer, the seller will notify the buyer thereof in writing (by letter or e-mail). The seller has the right to withhold the depreciation of the product as a result of this damage from the amount to be refunded to the buyer.
Article 10 Payments
  1. Unless otherwise agreed in writing, payment must be made in cash or by debit card when ordering online or when collecting your car after the agreed services have been performed. In case seller sends an invoice, payment for delivered goods and / or services must be made to the bank account of seller as stated on the invoice and within fourteen days after the invoice date unless otherwise agreed in writing.
  2. If the seller has granted discounts to the buyer, the buyer is entitled to deduct this discount from the total amount, unless payments are not made on time and / or invoice amounts are outstanding.
  3. Payments made by the buyer always serve to settle the interest and costs owed and subsequently
    due and payable invoices that have been outstanding the longest, even if the buyer states that the payment relates to a later invoice.
  4. If the buyer has not paid the invoice on the due date, interest will be applied without prior notice of default. Payable to the seller: 2% interest of the outstanding amount per month, whereby one month commenced for one entire month is counted.
  5. If the buyer has not paid the amount due by him / her within the set period and seller
    has proceeded to collect the claim by judicial or other means, the buyer is obliged to pay the seller a fee for the associated costs in accordance with the collection rate of the Dutch Bar Association, but with a minimum of € 125 per invoice.
  6. Late payment entitles the seller for its part to suspend or dissolve its performance under the present and / or other agreements with the buyer, without the buyer being entitled to compensation or dissolution of the agreement and without prejudice to the right of the seller. of any loss, loss of profit and further consequential damage.
  7. The seller is at all times entitled to demand that the buyer furnish sufficient certainty for the payment of the activities to be performed by the seller, all this in a manner to be indicated by the seller.
  8. The buyer is not allowed to apply set-off.
  9. Complaints and / or warranty claims handled, do not give any right to postpone or partial payment.
  10. If an order has been placed by the buyer for a leather repair, the seller will order material that is made to colour for the buyer’s vehicle. These material costs are passed on to the buyer. If the buyer decides to cancel the order for the leather repair service and the order for the material costs has already been made, this will be charged to the buyer.
  11. The seller is not in an overdraft with any of its buyers.
Article 11 Complaints
  1. Complaints in general and complaints about invoices must be submitted within a reasonable time after receipt of the goods or invoices, or immediately after a possible defect in the goods has been discovered or should have been discovered, to be made known to the seller in writing or by e-mail and with a proper description of the complaint.
  2. After the expiry of this period, the seller is deemed to have correctly fulfilled its obligations and is assuming that the buyer recognizes the goods or invoices as correct. Complaints never give the buyer the right to suspend payments.
  3. If a complaint is found by the seller, the seller has the right to choose:
    ◦ review the invoice and change the invoice amount accordingly;
    ◦ to replace the delivered goods by a good with the same specifications or to repair the goods being replaced or parts are handed over to the seller;
    ◦ to take back the delivered goods and to dissolve the agreement, with a refund of the amount paid by the buyer invoice amount minus shipping, administration or order costs already charged in advance, without any compensation.
  4. Complaints regarding items belonging to a partial shipment have no influence on the previous and following partial shipments that are part of the same order.
  5. Minor, commercially available or technically unavoidable deviations and differences in quality, colour, size or finish cannot constitute grounds for complaint.
  6. Where appropriate, the buyer must immediately offer the seller the opportunity to repair any defects.
  7. Any return of goods to or from the buyer is at the expense and risk of the buyer. Unstamped shipments are not accepted, unless otherwise agreed in writing. The seller only accepts returned goods if and insofar as he agrees to this return in writing in advance, and then only if these goods are delivered to the address to be specified by the seller in the original packaging and in the condition in which the seller delivered these goods to the buyer.
Article 12 Garanty
  1. The seller guarantees the quality of the services it provides to the best of its knowledge and ability and for the soundness and good quality of the goods delivered by it, on the understanding that the guarantee does not go further than stated in the following provisions.
  2. A three-month warranty is given on a wax or coating treatment that has been carried out. The applied wax remains protect the paint for a minimum period of 3 to 6 months depending on the chosen treatment. The guarantee is only valid if the buyer maintains his / her vehicle after treatment according to the seller’s instructions. Which i.e., do not go through the car wash, wash the car manually once a week with a PH neutral car shampoo and the car treated with a Quick Detailer with the appropriate clean and at least 800 grams microfiber cloth as advised by seller.
  3. Errors, defects or faults, which are proven by the buyer within the warranty period and which are attributable to the seller imperfections – insofar as covered by the guarantee referred to in this article – will be borne by seller repaired, replaced or taken back against credit as soon as possible.
  4. The seller does not give a warranty on combined products and parts, nor on consumables, unless a guarantee has been expressly promised in writing.
  5. The buyer must send items eligible for the replacement or repair to the postal address to be provided by the seller.
  6. For items with a guarantee certificate attached by other than the seller, insofar as deviating from the in these conditions, the conditions set out in these conditions.

  7. The buyer cannot invoke the warranty provisions if:
    a. the buyer has neglected the goods.
    b. the buyer has made changes to the goods or has had them made, including repairs
    that have not been performed by or on behalf of the seller.
    c. in case of improper or careless use, incorrect connection, incorrect mains voltage, lightning strike,
    damaged by the effects of moisture or other external causes or disasters.
    d. The car or the purchased product is not in the usual manner or as described in the user manual
    maintained / used.
    e. The car / product purchased is used with unsuitable or incorrect accessories.
    f. If the buyer has handled the goods in another way negligently.

  8. If the buyer does not, not properly or not timely fulfill any obligation arising from the agreement (s) concluded with the seller, the buyer is not obliged to provide a guarantee.
Article 13 Trademark
  1. The manufacturer’s or trademarks or the type or identification numbers or signs, which are on the seller
    delivered goods may not be removed, damaged or modified.
Article 14 Limitation of Liability
  1. The seller, nor third parties that it engages for the purpose of establishing or implementing any agreement, are liable for any damage arising from and related to the agreement, which buyer or any third party involved in the performance of the agreement may suffer, directly or indirectly, regardless of what the cause is.
  2. Without prejudice to the foregoing, the seller is in any case never liable:
    a. due to non-delivery or late delivery;
    b. for data in brochures, catalogues, advertising material, offers, etc.
    c. in case of non-attributable shortcomings (force majeure), as referred to in Article 14;
    d. if the buyer himself or a third party repairs the delivered goods, makes changes to them, uses them for purposes other than those for which it is suitable or intended, the delivered goods overloaded and otherwise unprofessional used;
    e. for the property of third parties who are involved in repair, storage or for any reason whatsoever
    seller’s business premises;
    f. for business and / or consequential damage, caused by whatever cause;
    g. for damage caused by intent or gross negligence on the part of auxiliary persons;
    h. damage resulting from incorrect application by the buyer of products supplied by us;
  3. If in any case, despite the above, the seller is liable for any damage, the seller is accepted
    liability only insofar as this liability is covered by its insurance, up to the amount of the
    payment made by insurance.
  4. If the insurance does not pay out in any case, the seller is never liable for more than
    the invoice amount for the relevant agreement.
  5. The buyer will indemnify the seller against all third-party claims against the seller.
  6. The exclusions and / or limitations of liability included in these conditions do not apply to
    insofar as the damage is the result of intent or wilful recklessness on the part of the seller or its manager
Article 15 Non-attributable shortcomings
  1. The seller is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.
  2. Force majeure is understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays in or non-performance by our suppliers, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and / or manufacturers of the seller as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
  3. In case of force majeure, the seller has the right to suspend its obligations. The seller is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is the seller obliged to pay any fine or compensation. The seller reserves the right to payment for the work already performed and the costs incurred.
  4. The seller is not authorized to suspend if compliance is permanently impossible or if the temporary impossibility continues for more than one month. In these cases, the agreement can be dissolved by the most diligent party, without the buyer being entitled to compensation for any damage.
Article 16 Termination
  1. If the buyer does not, not timely or not properly fulfill his obligations towards the seller, as well as if his bankruptcy has been / will be filed for, he is declared bankrupt, he applies for a moratorium, or offers his creditors or part of them an arrangement or an arrangement, furthermore if he is seized assets or a part thereof, or he proceeds to sell or liquidate his business, as well as in the event of death, receivership or if he is otherwise managing or directing his business
    or part thereof, the buyer is in default by operation of law and any claim by the seller is
    has or obtains, immediately and all at once without any notice of default being required.
  2. In the cases mentioned under 1, the seller has the right, on his part, without any notice of default, the rest to suspend performance of the agreement or to dissolve it in whole or in part.
  3. The seller is at all times entitled to claim compensation from the buyer, as well as to take back the goods delivered.
  4. If the buyer wishes to dissolve the agreement, he will at all times first be in default with the seller in writing and allow them a reasonable period of time to still fulfill its obligations or repair shortcomings, which shortcomings the buyer must accurately describe in writing.
  5. The buyer has no right to dissolve the agreement in whole or in part or to discharge its obligations
    suspend, if he himself was already in default with the fulfilment of his obligations.
  6. In case of partial dissolution, the buyer cannot make any claim to the reversal of already, by
    the seller performed and / or previously charged costs, and the seller is fully entitled to
    payment for the work already performed and / or previously charged costs.
Article 17 Consumer purchase

. In the case of a consumer purchase, the following provisions or phrases do not apply: art. 8 paragraph 4; art. 8 paragraphs 6 and 7; art. 13 paragraph 2 sub g; art. 15 paragraph 2 (insofar as it concerns the power of the seller to dissolve); art. 17 paragraph 2 (is supplemented with: “The buyer has the right to return within one month after the seller has written to it provisions of paragraph 2 have appeals to be selected by the competent court according to law. “).

Article 18 Applicable law / competent court
  1. Dutch law applies to all agreements.
  2. If the buyer is not satisfied with a delivered product and / or service, the buyer must the seller as soon as possible, preferably by email to: Attn Complaint Handling. Seller will respond to the buyer’s complaint within 30 days at the latest.
  3. If buyer and seller cannot reach agreement on the solution of the submitted complaint, it is possible the buyer – against payment of 27,50 euros complaint fee – submits his / her complaint to the Disputes Committee.
    Thuiswinkel, PO Box 90600, 2509 LP The Hague. For further information about this Disputes Committee, seller refers buyer to This independent committee makes a decision on the dispute. The committee’s decision is binding. If the buyer found (partially) in his/her right, the complaint fee will be (partially) refunded to the buyer.
  4. Disputes arising from an agreement between seller and buyer, which cannot be resolved in mutual consultation, the competent court takes note and with the exception of those disputes that belong to the competence of the Subdistrict Court.
Article 19 Partial Invalidity
  1. If one or more provisions of an agreement between seller and buyer should prove to be non-binding the other provisions of this agreement remain in force between the parties.
  2. The parties undertake to replace the non-binding provisions with such provisions, which are binding and deviate as little as possible from the non-binding provisions, given the purpose and scope of this agreement.