Business Customer Terms and Conditions
Business information for agreements
Your contracting partner in all agreements concluded via the website www.vsheftrucks.nl (hereinafter: “Website”) is:
Van Schaijk Warehouse Equipment (hereinafter: “vsheftrucks”)
5349 AZ, Oss
Tel.: 06 1116 3021
Chamber of Commerce number: 69662703
General terms and conditions of sale and delivery for mail order sales and sales over the Internet.
1.1 These general terms and conditions, as well as all other conditions and documents referred to in these terms and conditions (hereinafter: “Terms”), apply to all agreements and other (legal) acts between vsheftrucks and business customers, other than consumers (hereinafter: “Customer”, “you”, or your”). Please read these Terms carefully before ordering a product and/or service and print these Terms for later consultation.
1.2 The applicability of general and/or special conditions of the Customer is excluded, unless vsheftrucks has accepted the applicability of such conditions in writing.
1.3 Our Website only focuses on Customers in the Netherlands. The Terms therefore apply to the sale and shipment of vsheftrucks products within the Netherlands. By ordering products and/or services via our Website, you guarantee that: 1) you are authorised to conclude a legally valid agreement, 2) you are at least 18 years old; And 3) you are a resident of the Netherlands or are established there.
2.1 All quotations and offers (on the Website), are without obligation and do not bind vsheftrucks unless otherwise indicated. An order from the Customer is only an offer to buy a product and must be explicitly accepted by vsheftrucks. An Agreement is only concluded if and insofar as vsheftrucks has accepted an order by sending an order confirmation (by email) with the content of the Agreement and/or has started the execution of the Agreement within 5 days after the order.
2.2 All statements on the Website of numbers, sizes, weights, descriptions and/or other indications have been made with care, but only serve to identify the products and only apply approximately, as long as they have not been explicitly confirmed in writing by vsheftrucks. Obvious mistakes, such as calculation, writing and typographical errors in offers, quotations, prospects, publications, leaflets, order confirmations, invoices and other documents from vsheftrucks, do not bind vsheftrucks. Guarantees about the quality, durability, function and suitability for a particular use are only binding if explicitly indicated by vsheftrucks, for example in the technical specifications of a product. Offers by us or third parties do not reflect properties of the products.
2.3 If the ordered products are no longer available, vsheftrucks is entitled to offer a replacement similar product of the same quality. In such cases, vsheftrucks will first contact us for the customer’s consent. If the Customer does not agree with the replacement product, the order may be cancelled and vsheftrucks will ensure a refund of the purchase amount.
3. DELIVERY TIMES AND RISK TRANSITION
3.1 Transport costs depend on the product and delivery destination. The delivery costs are displayed in the shopping cart and on the invoice. We strive to have the product delivered to you within three working days. The delivery date is always in consultation between vsheftrucks and the Customer.
3.2. Delivery times and times are observed by vsheftrucks as much as possible, but are not binding. If the delivery period is exceeded, the Customer is not entitled to any compensation in this respect or to suspension of his obligations arising from the Agreement.
3.3 The delivery period starts on the day of the conclusion of the Agreement, such as
article 2.1 of these Terms.
3.4 Delivery takes place (by a transport company) to the address specified by the Customer, or the
product is picked up at the vsheftrucks showroom in Geffen (North Brabant). Should you
unexpectedly not be present on the agreed delivery date? Then you can do this to us in advance
let us know. This can be done free of charge up to 24 hours in advance. If you change the delivery date within 24 hours
we are forced to charge the transport costs. If, at the time of the
actual delivery is not present, we must charge the transport costs.
We will contact you within 24 hours to make a new appointment with you.
3.5 The risk of the articles passes when the articles are supplied by vsheftrucks to the
Customer. If delivery of the items is delayed by the Customer, he is without
notice of default from the moment vsheftrucks has indicated that the items
ready for shipment.
3.6. The customer receives a packing slip upon delivery. It contains all the details of the vehicle
stated: warranty period, any defects, hourly position, etc. Customer signs the packing slip and the
transporter brings a copy of the packing slip for the administration of vsheftrucks. At
signature of the packing slip, the Customer agrees to the contents of the packing slip.
4. PRICES, PAYMENT AND OWNERSHIP
4.1 All prices are net prices (excluding VAT) in Euro. Additional costs, such as transport, will be
listed separately on the Website. In the shopping cart, the costs are included
sales tax visible.
4.2 An invoice with the product, transport and any additional costs will be sent together with the
order confirmation by email to the e-mail address known to us.
4.3 The ownership of the articles, notwithstanding the actual delivery, will only pass to
customer after it owes or will owe all that it owes or will owe to vsheftrucks under the Agreement
paid in full, including the purchase price, any
terms and conditions or the Agreement, surcharges, interest, taxes, costs and
5.1 If vsheftrucks delivers items to the Customer that has vsheftrucks from its suppliers
the content and scope of the warranty, the warranty period and the (other)
warranty conditions as set by those subcontractors. vsheftrucks is never a
warranty vis-100 guarantee vis-1000 to the Customer than that on which vsheftrucks
to those subcontractors. Vsheftrucks offers 12-month warranty on
new products. No warranty is given on used products. The warranty period
can be found on the vehicle page. The warranty starts on the day of delivery/collection
5.2 If the Customer invokes a legal or usheftruck-given warranty, the
customer as soon as possible after discovery but no later than thirty (30) days after receipt
of the product, to inform vsheftrucks in writing about the defect, failing which the Customer
can no longer derive any rights from the warranty. To deal with a complaint,
customer does not derive any rights.
5.3 After notification of a defect, the Customer must enable vsheftrucks to
product. Inspection of the defective product takes place at the place where the product
view or at the office of vsheftrucks, all this at the discretion of vsheftrucks. Costs for
the return of the product is at the expense of vsheftrucks. However, if the complaint is not
the Customer must bear the costs for the return shipment.
5.4 The Customer must give vsheftrucks a reasonable period of time to carry out the investigation and the
repair, replace, or refund the purchase price.
5.5 The warranty period for new products is 12 months. A replacement or take back (part of a)
product becomes (again) the property of vsheftrucks and must be returned to vsheftrucks.
No warranty is given on used products.
5.6 Outside the warranty, defects in the goods that have arisen as a result of normal
wear and tear, or due to any external cause, such as damage caused during
transport by the Customer, misuse or careless use, or if without prior written
permission of vsheftrucks any (repair) work or modifications to the article have been carried out
unless these activities or modifications are inherent in the commissioning of the
of the article.
5.7 If vsheftrucks has repaired material and/or construction defects under the warranty, the
article in question, or has refunded the purchase price, it is
warranty obligations and will not provide usheftrucks with any further (damage) compensation
have been kept.
5.8 After noticing any defect, the Customer is obliged to
immediately cease processing and/or installation of the relevant articles and, furthermore, to ensure that the
reasonably possible to do and leave to prevent further damage.
5.9. The warranty is not transferable. If you purchased the product second-hand through another
supplier, the warranty of vsheftrucks expires and the Customer pays the costs for repair and/or a
6. LIABILITY AND INDEMNIFICATION
6.1 vsheftrucks is never liable for any direct or indirect damage of the Customer or a
third party, including consequential damage, non-material damage, business or environmental damage.
6.2. The exclusion of liability as referred to in Article 6.1 of these Terms is not
if the damage to the Customer is caused by intent or gross negligence on the part of vsheftrucks or
its management staff.
6.3. Vsheftrucks is maximum liable for the purchase amount or amount charged by the
insurer of vsheftrucks.
6.4 The Customer will indemnify vsheftrucks against all claims of third parties, directly or indirectly
(the use of) the products and will cause usheftrucks all damage, including
(legal) advisor fees, reimburse those that U.S. trucks suffer as a result of such claims.
6.5 The Customer is obliged to report damage immediately and to incur further or other damage, for
as far as reasonably possible.
6.6 To the extent permitted by law, the limitation period for bringing claims for damages is
against vsheftrucks limited to one (1) year.
7. EXCHANGE/CANCEL FOR ONLINE PURCHASES VIA THE WEBSHOP
Article 7 only applies to purchases made entirely online via our webshop.
Article 7 does not apply to items that you have visited in our showroom and/or have been purchased at a discount.
7.1 You have the right to cancel or exchange your order within a period of 14 days after you,
or a third party designated by you other than the carrier has received the products. Your
decision to cancel the agreement must be made by means of a clear (written) statement
(e.g. via letter, email or telephone) to us: vsheftrucks Leiweg 2L, 5386KR Geffen.
firstname.lastname@example.org , 06 1116 3021 are announced, no later than 14 days.
7.2 Vsheftrucks is only obliged to honor a request for exchange or cancellation of the order
if the Customer submits the request within this period and at the same time consults:
• The packing slip,
• Proof of payment or purchase note,
• the maximum 8 (eight) hours used and in the same condition, undamaged, complete
7.3:During the 14-day trial period, the Customer may use the
Product. How many hours the Customer has used the vehicle is checked at the
the hourly position, which is stated on the packing slip that the Customer has on delivery
received and signed. The product must be in the same condition as on delivery (see
packing slip). If the product has been used by the Customer for more than 8 (eight) hours, the Customer pays extra
for all hours above 8 (eight) hours. The costs are € 17,50,- per hour.
For example, if the Customer has used the product for 16 hours, €140.00 (8 x €17.50,-) will be added
will be charged by vsheftrucks. This amount will be charged together with the return costs
deducted from the purchase amount.
7.4 If you invoke your right to exchange or cancel the order, the
products with all accessories supplied without delay and in any case no later than 14
days after you have made it known to us that you wish to exchange or cancel the order, in our possession
to be. After consultation with the Customer Service department, it can be agreed that vsheftrucks will
products, or these can be delivered (in consultation) to our vsheftrucks showroom in
Geffen. The return shipping costs are at the expense of the Customer. These costs are equal to the
transport costs charged for the delivery of the product. The
return costs will be deducted from the purchase amount. In case of visible user traces and/or damage
caused by the Customer and/or missing accessories, the right to the
full purchase amount. In this case, the Customer receives a partial fee which vsheftrucks
will explain substantiated
7.5 vsheftrucks is not obliged to exchange purchased products if, in the opinion of the
damaged or has undergone any change.
8.1 If the Customer, not, does not properly or not timely comply with any obligation that
agreement or these Terms and Conditions, the Customer shall, without
notice of default and vsheftrucks is entitled:
• to terminate the implementation of that Agreement and directly related agreements
until payment is sufficiently secured.
• to terminate all or part of the Agreement and directly related agreements
without vsheftrucks being obliged to pay any compensation and without prejudice to the
vsheftrucks further rights to come.
8.2 In the event of (provisional) suspension of payment or bankruptcy of the Customer, strike or
liquidation of the Customer’s business, all Agreements with the Customer of the
have been dissolved by operation of law, unless vsheftrucks informs the Customer within a reasonable time of compliance with the
(part of) the relevant agreement(s), in which case vsheftrucks without
notice of default is entitled to suspend the execution of the relevant agreement(s),
until payment has been sufficiently secured, without prejudice to the further
8.3 In each of the cases referred to in Articles 8.1 and 8.2 of these Terms, all claims
of vsheftrucks on the Customer immediately and in their entirety, the Customer is obliged to
immediate return of the items and has the right to use the sites and buildings
customer in order to take possession of those items.
9.1 When using our Website, placing an order, and/or executing a
Agreement, vsheftrucks may use your personal information. Click on the following
10. COMMERCIAL EMAILS
10.1 When you register on our website, you can choose to send promotional emails
Received. At a later time, you can unsubscribe from receiving
promotional emails by clicking on the link at the bottom of the emails, or your account settings on the
website. It may take a few days for your opt-out to be processed. You will not be
receive promotional emails more until you change your settings again.
11. FORCE MAJEURE
11.1 If vsheftrucks due to a non-attributable shortcoming (force majeure) does not
obligations towards the Customer, the obligations will be suspended for the duration of the
the state of force majeure. Force majeure is understood to mean any of the will of vsheftrucks
independent circumstance, whereby the fulfilment of its obligations towards the Customer
is prevented in whole or in part or as a result of which the fulfilment of its obligations in
reasonableness cannot be required of vsheftrucks, regardless of whether that circumstance at the time of the
agreement could also be foreseen. These circumstances include:
strike, exclusion, fire, machine breakage, stagnation or other problems in production due to
vsheftrucks’ suppliers and/or measures of any public authority, as well as the absence of
of any permit to be obtained by the government.
11.2 If any force majeure situation has lasted two months or more, both parties have
the right to dissolve the Agreement in whole or in part in writing, without any obligation to
12. CHOICE OF LAW AND COMPETENT COURT
12.1 Dutch law applies to the Agreement and these Terms. The
the applicability of the Vienna Sales Convention 1980 (CISG) is excluded.
12.2 All disputes arising as a result of the Agreement or these terms and conditions will,
insofar as no other provisions of the law are mandatory, are subject to the judgment of the
competent court in Amsterdam, on the understanding that vsheftrucks has the right to bring claims,
or not at the same time, to bring proceedings against the Customer before other (judicial) authorities, which
are empowered to take note of such claims.
13. OTHER PROVISIONS
13.1 All costs, judicial and/or extrajudicial, that vsheftrucks must incur as a result of non-
fulfilment of the obligations under the Agreement, or any relationship whatsoever with the Customer, are
entirely at the expense of the Customer. The extrajudicial costs shall be set at at least
15% of the principal sum and interest, without prejudice to the Contractor’s right to pay the actual
extrajudicial costs exceeding this amount.
13.2 Failure to directly enforce any right or authority of vsheftrucks will entitle the rights and
powers of U.S. forklifts under this Agreement. Distance from
the right of any provision or condition in the Agreement will only be effective if this
has been done in writing.
13.3 Without the express permission of vsheftrucks, the Customer is not permitted (any
obligation) to transfer the Agreement to third parties. vsheftrucks is entitled to this
consent to attach conditions
13.4 If one or more provisions of these Terms prove to be wholly or partially null and void,
the other provisions remain in full force and effect from the relevant provision
in any event, the content and scope shall have as much corresponding effect as possible.
13.5 vsheftrucks has the right to adjust these Terms from time to time, for example to
changes in the market, technology, payment options, legislation and the
capabilities of our system. Your Agreement with us is governed by the Terms and Conditions
applicable at the time of the order in question, or if vsheftrucks subsequently
change but before the order confirmation has been sent and in such a case you do not
within seven (7) days of receipt of the message, you have indicated that you will not be able to
agrees to the Terms.
14. KNOWLEDGE BASE
On the information of the website and knowledge base there is only an effort commitment. The quality and
the content of the information provided shall be checked as far as possible.
Vsheftrucks cannot be held liable if the use of the information shows that they
content is not complete, correct or up-to-date. Users of the website are invited to
the presence of incorrect, incomplete or surpassed information to the administrator of the