Terms & conditions

Article 1 – Definitions

In these terms and conditions the following is understood to mean:

• Tesland / entrepreneur: Tesland B.V. established in Almere.
• Consumer: natural person acting for private purposes.
• Business buyer (B2B): any natural or legal person acting in the exercise of a profession or business, including garages, resellers, detailers and leasing companies.
• Contract: any purchase, delivery, repair or installation contract between Tesland and the buyer.
• Product: parts, accessories and materials supplied by Tesland.
• Service: maintenance, diagnosis, installation, repair, advice or other work.
• Workshop order: offering a vehicle for work.
• Right of withdrawal: the right of a consumer to cancel a distance contract within 14 days.

Article 2 – Identity of the entrepreneur

Tesland B.V. Kweekgrasstraat 36 1313 BX Almere 085-3033403 info@tesland.com KvK: 71883576 BTW: NL8588.87.423.B01

Article 3 – Applicability

• These terms and conditions apply to all quotations, orders, workshop orders, deliveries and services of Tesland.
• The customer’s general terms and conditions are expressly rejected.
• Deviations are only valid if confirmed in writing by Tesland.

Article 4 – Distinction consumer and business buyer

• These terms distinguish between consumers and business buyers.
• A purchase is deemed to be for business purposes when it is made for business activities, resale, installation for third parties or workshop stock.
• In that case, the provisions of article 12 apply in addition.
• The mere mention of a company name on the invoice is not decisive; the intended use of the product is.

Article 5 – Offer and formation of contract

• The contract is formed by order, instruction or offering a vehicle for work.
• Tesland may refuse an order or impose additional conditions.
• All offers are without obligation.
• Obvious errors in price or specifications do not bind Tesland.

Article 6 – Workshop orders and diagnosis

• Diagnostic work is always chargeable, even if no repair follows.
• Tesland may carry out a test drive.
• Used parts are not taken back.
• The vehicle must be collected within 7 days of the completion notice; thereafter storage charges apply at €15.00 per day (excluding VAT).

Article 7 – Right of withdrawal (consumers only)

• Only consumers have a right of withdrawal.
• The consumer may cancel an online purchase within 14 days of receipt.
• The consumer then has a further 14 days to return the product.
• The consumer bears the cost of return shipment.

Article 8 – Exclusion of right of withdrawal

The right of withdrawal does not apply to:

• custom-made products
• specially ordered products
• fitted or installed parts
• workshop appointments and diagnoses
• purchases made at the workshop or counter
• services that have been fully performed with the consumer’s consent

Article 9 – Prices

• Prices for consumers are inclusive of VAT.
• Prices for business buyers are exclusive of VAT, unless otherwise stated.
• Obvious price errors do not bind Tesland.

Article 10 – Delivery and risk

• Delivery periods are indicative.
• Risk passes on delivery to the customer or carrier.
• For workshop orders, collection of the vehicle counts as delivery.

Article 11 – Guarantee and conformity

• Consumers have statutory conformity rights.
• Guarantee lapses in case of improper use, installation by third parties or modifications.
• Installation guarantee is 12 months.

Article 12 – Business deliveries (B2B)

• No right of withdrawal applies to business transactions.
• Return of correctly delivered products only takes place after written consent from Tesland.
• Incorrectly ordered or surplus parts are at the buyer’s expense.
• The buyer is responsible for checking compatibility on the basis of VIN and specification.
• Installation counts as acceptance of the product.
• Guarantee is limited to replacement or repair of the product.
• Labour, diagnostic costs and consequential damage are excluded.
• Tesland is not liable for incorrect diagnosis or third-party claims.

Article 13 – Payment

• Payment must be made within 14 days, unless otherwise agreed.
• In case of late payment, statutory interest is due (commercial interest for B2B).
• Collection costs are charged in accordance with the law.

Article 14 – Retention of title

All delivered products remain the property of Tesland until full payment has been made.

Article 15 – Liability

• Liability is limited to the invoice amount of the order in question.
• Tesland is not liable for indirect damage, business damage or consequential damage.

Article 16 – Complaints

• Complaints must be reported in writing within 7 days of discovery.
• Tesland shall have the opportunity to investigate and remedy the defect.

Article 17 – Disputes and applicable law

• Dutch law applies to all contracts.
• Disputes shall be submitted to the competent court in the district of Tesland’s registered office.
• The Vienna Convention on the International Sale of Goods is excluded.

Article 18 – Final provisions

• If a provision is found to be invalid, the remaining provisions remain in force.
• In cases not provided for in these terms, Tesland shall decide in reasonableness.