Business information for agreements
Your contract partner in all agreements concluded via the website www.vsheftrucks.nl (hereinafter: “Website”) is:
Van Schaijk Warehouse Equipment (hereinafter: “vsheftrucks”)
Tel.: 06 1116 3120
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.
- DELIVERY TIMES AND RISK TRANSITION
3.1 In order to keep it simple and unambiguous, we have decided to charge € 149,- ex VAT for all delivery addresses in the Netherlands as standard for the transport costs.
For deliveries to the Wadden Islands and deliveries outside the Netherlands, a tailor-made rate will be issued. We strive to have the product delivered to you within 5 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, as described in 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 from the vsheftrucks showroom in Geffen (North Brabant). If you unexpectedly cannot be present on the agreed delivery date? Then you can let us know in advance. This can be done free of charge up to 24 hours in advance. If you change the delivery date within 24 hours, we are obliged to charge € 75,- ex VAT. If you are not present at the time of the actual delivery, we must charge € 149,- ex VAT for the costs incurred.
We will contact you within 24 hours to make a new appointment with you.
3.5 The risk on the items passes when the items are supplied by vsheftrucks to the Customer. If delivery of the items is delayed by the Customer, he is in default without notice of default from the moment that vsheftrucks has indicated that the items are ready for shipment.
3.6. The customer receives a packing slip upon delivery. All details of the vehicle are stated on this: warranty period, any defects, time position etc. The customer signs the packing slip and the transporter brings a copy of the packing slip for the administration of vsheftrucks. When signing the packing slip, the Customer agrees to the contents of the packing slip.
- 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 including sales tax are visible.
4.2 An invoice with the product, transport and possibly 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 items, notwithstanding the actual delivery, will only pass to the Customer after he has paid in full all that he owes or will become owed to vsheftrucks under the Agreement, including the purchase price, any surcharges, interest, taxes, costs and compensation due pursuant to these conditions or the Agreement.
5.1 If vsheftrucks delivers items to the Customer that vsheftrucks has obtained from its suppliers, the content and scope of the warranty, the warranty period and the (other) warranty conditions as set by those suppliers apply. vsheftrucks is never obliged to provide a more far-reaching guarantee vis- vis the Customer than that to which vsheftrucks can claim against those suppliers. Vsheftrucks offers a 12-month warranty on all new products and no warranty 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 guarantee or a warranty given by vsheftrucks, the Customer must inform vsheftrucks in writing as soon as possible after discovery but no later than thirty (30) days after receipt of the product, vsheftrucks about the defect, failing which the Customer can no longer derive any rights from the warranty. The Customer cannot derive any rights from the handling of a complaint.
5.3 After notification of a defect, the Customer must enable vsheftrucks to examine the product in question. Inspection of the defective product takes place at the place where the product is located or at the premises of vsheftrucks, for the discretion of vsheftrucks. Costs for returning the product are at the expense of vsheftrucks. However, if the complaint proves unfounded, 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 repair, replace, or refund the purchase price.
5.5 The warranty period for new products is 12 months.. A product thus replaced or taken 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 The warranty excludes 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, incorrect or careless use, or if, without the prior written permission of vsheftrucks, any (repair) work or changes have been performed or made to the article, unless these activities or changes are inherent in the commissioning of the article.
5.7 If vsheftrucks has repaired material and/or construction defects under the warranty, replaced the relevant item, or refunded the purchase price, it is fully informed with regard to its warranty obligations and vsheftrucks will not be obliged to pay any further (damage) compensation.
5.8 After finding any defect, the Customer is obliged to immediately cease the use, processing and/or installation of the relevant items and also to do and leave as reasonably possible to prevent further damage.
5.9. The warranty is not transferable. If you have purchased the product second-hand through another supplier, the warranty of vsheftrucks expires and the Customer pays the costs for repair and or a replacement vehicle.
- 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, intangible damage, business or environmental damage.
6.2 The exclusion of liability as referred to in article 6.1 of these Terms does not apply if the damage to the Customer is caused by intent or gross negligence on the part of vsheftrucks or its management staff.
6.3 Unless the damage is caused by intent/gross negligence on the part of vsheftrucks, the Customer will indemnify vsheftrucks against all claims of third parties, directly or indirectly related to (the use of) the products and will compensate vsheftrucks for all damage, including (legal) advisor costs, that vsheftrucks suffers as a result of such claims.
6.4 The Customer is obliged to limit the incursion of further or other damage, as far as reasonably possible.
6.5 To the extent permitted by law, the limitation period for bringing claims against vsheftrucks is limited to one (1) year.
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 2i, 5386KR Geffen. firstname.lastname@example.org , 06 1116 3120, which must be sent no later than the last day of the withdrawal period.
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 complete product used for a maximum of 8 (eight) hours and in the same condition, undamaged;
7.3:The Customer may use the product for a maximum of 8 (eight) hours during the 14-day trial period. How many hours the Customer has used the vehicle is checked according to the hourly position, which is stated on the packing slip that the Customer received and signed upon delivery. 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 additional costs, 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 charged by vsheftrucks. This amount will be settled together with the return costs with the purchase amount.
7.4 If you invoke your right to exchange or cancel the order, the products in question with all supplied accessories must be in our possession without delay and in any case no later than 14 days after you have indicated to us that you wish to exchange or cancel the order. After consultation with the Customer Service department, it can be agreed that vsheftrucks collect the 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 costs for the transport that have been 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 full purchase amount will lapse. In this case, the Customer will receive a partial fee which vsheftrucks will explain in advance
7.5 vsheftrucks is not obliged to exchange purchased products, if the item, in the opinion of vsheftrucks, is damaged, or has undergone any change.
8.1 If the Customer, not, does not properly or not timely comply with any obligation that may arise for him from any Agreement or these Conditions, the Customer is in default without notice of default and vsheftrucks is entitled:
- suspend the performance of that Agreement and directly related agreements until payment has been sufficiently secured.
- dissolve the Agreement and directly related agreements in whole or in part, without usheftrucks being obliged to pay any compensation and without prejudice to the rights further due to vsheftrucks.
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 will be terminated by operation of law, unless vsheftrucks informs the Customer within a reasonable time to demand fulfilment of (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 rights further due to vsheftrucks.
8.3 In each of the cases referred to in articles 8.1 and 8.2 of these Terms, all claims of vsheftrucks against the Customer are immediately and in their entirety due and payable, the Customer is obliged to immediately return the items and vsheftrucks has the right to enter the premises and buildings of the Customer in order to take possession of those items.
- COMMERCIAL EMAILS
10.1 When you register on our website, you can choose to receive promotional emails. At a later time, you can unsubscribe from receiving promotional emails at any time by clicking on the link at the bottom of the emails, or changing your account settings on the Website. It may take a few days for your opt-out to be processed. You will then no longer receive promotional emails until you have changed your settings again.
- Force majeure
11.1 If vsheftrucks cannot fulfil its obligations towards the Customer due to a non-attributable shortcoming (force majeure), the obligations will be suspended for the duration of the force majeure situation. Force majeure is understood to mean any circumstance independent of the will of vsheftrucks, 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 cannot reasonably be required of vsheftrucks, regardless of whether that circumstance could also be foreseen at the time of the conclusion of the Agreement. These circumstances include: strike, exclusion, fire, machine breakage, stagnation or other problems in production by VSHEFtrucks’ suppliers and/or measures of any public authority, as well as the absence 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 pay compensation.
- CHOICE OF LAW AND COMPETENT COURT
12.1 Dutch law applies to the Agreement and these Terms. 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 required by law, be subject to the judgment of the competent court in Amsterdam, on the understanding that vsheftrucks has the right, whether or not simultaneously, to bring claims against the Customer before other (judicial) authorities, which are competent to hear such claims.
- OTHER PROVISIONS
13.1 All costs, judicial and/or extrajudicial, that vsheftrucks must incur as a result of non-compliance with the obligations under the Agreement, or any relationship whatsoever with the Customer, are entirely at the expense of the Customer. The extrajudicial costs are set at at least 15% of the principal sum and interest, without prejudice to the Contractor’s right to claim the actual extrajudicial costs that exceed this amount.
13.2 Failure to directly enforce any right or authority of U.S. trucks will not affect or limit the rights and powers of U.S. trucks under this Agreement. Waiver of any provision or condition in the Agreement will only be effective if it has been done in writing.
13.3 Without the express permission of vsheftrucks, the Customer is not permitted to transfer (any obligation under) the Agreement to third parties. vsheftrucks is entitled to attach conditions to this permission
13.4 If one or more provisions of these Terms prove to be wholly or partially null and void, the remaining provisions shall remain in full force and the relevant provision shall in any event have as much corresponding effect as possible with regard to the content and scope.
13.5 vsheftrucks has the right to amend these Terms from time to time, for example as a result of changes in the market, technology, payment options, legislation and the possibilities of our system. Your Agreement with us is governed by the Terms that applied at the time of the order in question, or if vsheftrucks subsequently informs you of the change but before the order confirmation has been sent and in such a case you have not informed us within seven (7) days of receipt of the message that you do not agree to the change of the Terms.