Only genuine wheels for Volvo & Polestar · new and used
✓ Free delivery in the Netherlands✓ Fast delivery in NL & BE✓ Reply within 24 hours
EN
058-8446124Mon–Sat 9:00–18:00 Wheel finder
Home / Terms and Conditions
Customer service

Terms and Conditions

The general terms and conditions of Handelshuis de Vos, filed with the Chamber of Commerce under number 01121814.

Translation for information purposes. The Dutch version is legally binding.

General Terms and Conditions of Handelshuis de Vos · Chamber of Commerce number 01121814

Section A: General Provisions

  1. These general terms and conditions have been filed with the Chamber of Commerce in Leeuwarden under number 01121814;
  2. the general terms and conditions apply to any quotation, offer or agreement entered into by Mr Jelmer de Vos, trading under the name Handelshuis de Vos – hereinafter referred to as: the User – with its Contracting Party – hereinafter referred to as: the Contracting Party – and where the User has declared these general terms and conditions to be applicable in that context, unless the User and its Contracting Party – hereinafter jointly referred to as: the Parties – expressly deviate from these terms and conditions in writing;
  3. these general terms and conditions shall also apply where the User enters into agreements in which the User engages third parties for their performance;
  4. the User expressly rejects the applicability of the general terms and conditions of the User’s Contracting Party;
  5. these general terms and conditions also apply to the User’s employees;
  6. where the User does not (in every instance) strictly require compliance with the general terms and conditions, this does not imply that the provisions no longer apply or that the User loses the right to require compliance with the general terms and conditions in other cases;
  7. in the event of any ambiguity regarding the interpretation of (part of) one or more provisions of these general terms and conditions, interpretation shall be in accordance with the spirit of these general terms and conditions;
  8. if it transpires that one or more of the provisions of these general terms and conditions are wholly or partly void or may be set aside, the general terms and conditions shall remain fully applicable in all other respects.

Section B: Formation and amendment of the agreement

  1. The contract between the Parties shall only become binding on the User upon the User’s confirmation;
  2. details relating to the User’s offer, such as characteristics, dimensions, colours, etc., as well as details contained in printed matter, drawings, illustrations and other forms of communication, are not binding on the User and are provided by the User in good faith;
  3. if, after the conclusion of the agreement, the Contracting Party nevertheless wishes to make amendments to the agreement, these amendments must be communicated by the Contracting Party to the User in good time. Where such changes are communicated by the Contracting Party verbally or by telephone, the risk associated with the implementation of these changes shall be borne by the Contracting Party;
  4. where changes are made to the original contract which result in higher costs for the Contracting Party, these additional costs shall be charged to the Contracting Party by the User;
  5. changes made to the agreement may result in the User exceeding the delivery time agreed between the Parties, without the User being held liable for the consequences thereof.

Section C: Prices

  1. Agreements to be concluded between the Parties shall in each case be concluded on the basis of the (daily) prices applicable at the time of conclusion;
  2. where costs arise from additions and/or amendments to the contract, these costs shall be borne by the Contracting Party;
  3. should there be any changes to prices, wages, social security contributions or value-added tax after the agreement has been concluded, these costs shall be passed on to the Contracting Party. Where such an increase occurs within a period of 3 months following the conclusion of the contract, either Party shall be entitled to terminate the contract;
  4. where packaging is necessary, the costs thereof shall be passed on to the Contracting Party at cost price, and packaging shall never be taken back. The User is entitled to assess whether packaging is necessary.

Section D: Delivery of products

  1. Agreed delivery times are not strict deadlines for the User, unless the Parties expressly agree otherwise;
  2. if the Contracting Party fails to take delivery of the goods covered by the agreement on or before the agreed time of delivery, these goods shall be held at the Contracting Party’s disposal at its own expense and risk, and the User may charge the Contracting Party for storageand storage costs to the Contracting Party;
  3. the User may also invoice the Contracting Party for partial deliveries, which shall also include the delivery of goods forming part of a composite order;
  4. in the event of dispatch, this shall take place in the manner specified by the User, unless the Contracting Party wishes to receive the consignment by other means, in which case the associated costs shall be borne by the Contracting Party.

Section E: Performance of work

  1. The work shall be carried out on the basis of the rates applicable within the User’s organisation;
  2. the Contracting Party authorises the User to have the work carried out by third parties designated by the User at a time of the User’s choosing;
  3. the work comprises only that which has been agreed in writing between the Parties;
  4. if the Contracting Party requests an amendment to the agreement, the Contracting Party shall owe the User the additional costs for extra work, provided this is instructed to the User in writing. In the absence of such a written instruction, the Contracting Party shall nevertheless owe the User compensation for the additional work carried out by the User, provided the User proves by other means that the additional work was instructed to the User;
  5. where the User incurs costs in the performance of the contract which are not specified in the contract and this is not due to a reason for which the User is at fault, the User may charge these costs to the Contracting Party;
  6. if, following the completion of the work by the User, the Contracting Party fails to collect the goods to which the agreement relates within one week of the User notifying the Contracting Party that the goods are ready for collection, the User is entitled to charge storage costs.

Section F: Warranty

  1. For goods sold and/or supplied by the User that are covered by a manufacturer’s, importer’s or wholesaler’s warranty, only the warranty terms and periods stipulated by the suppliers shall apply;
  2. if the goods sold and/or delivered have been assembled, repaired or otherwise modified by third parties, the warranty on the goods shall lapse.

Section G: Complaints

  1. The Contracting Party is obliged, immediately upon delivery of the goods, to inspect them thoroughly for defects and, if any are found, to notify the User immediately in writing of the defects and to specify them in detail;
  2. if the Contracting Party has not notified the User of the defects within 8 days of their discovery, or within 8 days of the time at which the defects should reasonably have been discovered, any right to make a claim shall lapse.

Section H: Liability

  1. The User shall not be liable for any costs, damages or interest arising as a direct and/or indirect consequence of:
    1. force majeure, as defined below;
    2. acts or omissions of the Contracting Party, its subordinates, or other persons employed by or on behalf of the Contracting Party;
    3. negligence on the part of the Contracting Party in the maintenance of goods delivered or supplied;
    4. normal wear and tear on the goods delivered as a result of daily use;
    5. discolouration of the goods delivered as a result of exposure to light;
    6. any other external cause;
  2. ‘force majeure’ shall be understood to mean extraordinary circumstances, such as, amongst others, storm damage and other natural disasters, obstruction by third parties, disruption to transport in general, total or partial strikes, civil unrest, war or the threat of war, exclusion, loss or damage to goods during transport to the User or the Contracting Party; failure to deliver goods, or late delivery, by the User’s suppliers; export and import bans; total or partial mobilisation; restrictive measures imposed by any government; fire; disruptions and accidents affecting the User’s business operations and means of transport, or those of third parties, the imposition of levies or other government measures resulting in a change in the actual circumstances. In the event of force majeure, the User shall not be obliged to perform the contract;
  3. the User shall only be liable where the insurance taken out by them covers such damage, or up to a maximum of the invoice value, for damage to the work, fittings, materials and equipment, as well as to the work and/or property of the client and/or third parties, in so far as such damage is caused by the fault of the User or of those employed by the User;
  4. in principle, the User is not obliged to compensate the Contracting Party for business loss and/or consequential loss;
  5. the User shall not be liable for any damage to vehicles or to goods delivered or supplied by the User, where the vehicle deviates from the standard factory specification or from the standard factory specifications.

Clause I: Right of retention and retention of title

  1. Where the User is in possession of goods belonging to the Contracting Party, the User is entitled to retain possession of these goods until such time as the Contracting Party has paid all sums due to the User in respect of the agreement, unless the Contracting Party provides alternative security deemed sufficient in the User’s opinion;
  2. the User also has a right of retention in respect of payments owed by the Contracting Party under previously concluded agreements between the Parties;
  3. until the User has received full payment from the Contracting Party for the goods delivered to the Contracting Party by the User, which payment obligation on the part of the Contracting Party shall also include damages to the User, other costs and interest; the goods delivered shall remain the property of the User.

Clause J: Payment

  1. Any (instalment) payments to be made by the Contracting Party must be made in cash or by debit card upon submission of the invoice, unless the Parties agree otherwise in writing;
  2. the User is entitled to require the Contracting Party to pay a deposit of at least 25 per cent upon entering into the agreement;
  3. the User is entitled to require the Contracting Party to pay the full amount in advance;
  4. if the amount owed by the Contracting Party is not paid within the specified period, the User is entitled to charge the Contracting Party interest at a rate of 1.25% per month, calculated from the date the invoices are sent;
  5. if the Contracting Party fails to make payment on time, all judicial and extrajudicial costs incurred by the User shall be borne by the Contracting Party, including, in particular, the costs of a solicitor, an agent, a bailiff and a debt collection agency.

Clause K: Termination of the agreement in the event of breach of contract

  1. Where the Contracting Party commits a breach of contract in any way, it shall thereby be in default without any notice of default being required;
  2. The Parties shall be entitled to terminate the agreement with immediate effect, without judicial intervention, by registered letter if:
    1. the other party fails to fulfil one or more obligations under the agreement and does not proceed to fulfil them even when a reasonable period is granted for this purpose;
    2. the other party applies for bankruptcy or is declared bankrupt, it applies for or is granted a moratorium on payments, is declared subject to a debt restructuring scheme under the Debt Restructuring (Natural Persons) Act, or has all or part of its property or assets seized;
    3. the other party dies, is placed under guardianship or is dissolved;
    4. the other party ceases trading or transfers its business, or intends to leave the Netherlands.

Clause L: Governing Law and Disputes

  1. The agreements concluded between the Parties, any legal relationships arising therefrom and any legal disputes shall be governed exclusively by Dutch law, excluding the applicability of the Vienna Sales Convention;
  2. in respect of any disputes arising between the Parties, the competent court shall be the court with jurisdiction in accordance with the User’s place of business;
  3. however, should a dispute arise between the Parties, the Parties shall first endeavour to settle their dispute by mutual agreement.