General Terms and Conditions

Article 1 Definitions

In these General Terms and Conditions, the following terms are used with the following meaning, unless expressly stated otherwise: Offer: All written offers to the purchaser for the delivery of products by the seller, to which these terms and conditions are inextricably linked. Voldt B.V.: Supplier of Products to the Purchaser. Buyer: Natural or legal person carrying out a professional or commercial activity and entering into a distance contract with the Seller. Contract: The sales contract (distance contract) for the sale and delivery of products that the Buyer purchases from Voldt B.V. Products: The products offered by Voldt B.V. are accessories and spare parts for cars in the broadest sense.

Article 2 Application

These general terms and conditions apply to every offer by Voldt B.V. and every agreement between Voldt B.V. and a buyer, as well as to every product offered by Voldt B.V. Before entering into a (distance) contract, the purchaser must have access to these general terms and conditions. If this is not reasonably possible, Voldt B.V. shall inform buyer how to access the general terms and conditions, which in any case shall be published on Voldt B.V.'s website, so that buyer can easily save the general terms and conditions on a durable data carrier. In exceptional cases, these general terms and conditions may be deviated from if this has been expressly agreed in writing with Voldt B.V. These general terms and conditions also apply to supplementary, amendment and follow-up agreements with the purchaser. Any general and/or purchasing conditions of the purchaser are expressly rejected. If one or more provisions of these general terms and conditions are wholly or partially invalid or void, the other provisions of these general terms and conditions shall continue to apply and the invalid provision(s) shall be replaced by a provision with the same purpose as the original provision. Ambiguities of content, interpretation or situations not regulated in these General Terms and Conditions shall be judged and explained according to the spirit of these General Terms and Conditions. If reference is made to him/her in these General Terms and Conditions, this shall also be interpreted as a reference to the female gender, if and to the extent relevant.

Article 3 - The Offer

All offers by Voldt B.V. are non-binding unless expressly stated in writing. If the offer is limited or applies to special conditions, this must be expressly stated in the offer. An offer does not exist until it has been recorded in writing. Voldt B.V.'s offer is not binding. Voldt B.V. is only bound by the offer if the buyer's acceptance of the offer is confirmed in writing within 30 days or if the buyer has already paid the amount due. Voldt B.V. is however entitled to refuse to enter into an agreement with a potential buyer if there is a valid reason to do so. The offer shall contain an accurate description of the product offered with its price. The description is so detailed that the buyer can assess the offer well. Obvious or incorrect errors in the offer cannot bind Voldt B.V. All pictures and specific information in the offer are only indicative and cannot form the basis for compensation or cancellation of the (distance) contract. Voldt B.V. cannot guarantee that the colours in the image correspond exactly to the actual colours of the product. Delivery times and conditions stated in Voldt B.V.'s offer are approximate and, if exceeded, shall not entitle the purchaser to cancellation or compensation, unless expressly agreed otherwise. A composite offer does not obligate Voldt B.V. to deliver part of the goods included in the offer or the offer for a part of the indicated price. If and when there is an offer, it shall not automatically apply to repeat orders. Offers are only valid while stocks last and in accordance with the order principle.

Article 4 - Conclusion of the contract

The contract is concluded when the buyer has accepted an offer from Voldt B.V. by ordering the product in question via email and/or website, and Voldt B.V. confirms this order to the customer in writing. Voldt B.V. may make an offer via the website. If the buyer has accepted the offer by entering into an agreement with Voldt B.V., Voldt B.V. shall confirm the agreement with the buyer in writing, at least by e-mail. If the acceptance deviates (on minor points) from the offer, Voldt B.V. is not bound by it. Voldt B.V. shall not be bound by an offer if the purchaser could reasonably expect or should have realised that the offer contains an obvious error or misprint. The purchaser may not assert any rights due to such an error or misprint.

Article 5 Execution of contract

Voldt B.V. shall execute the contract to the best of its knowledge and ability. If and when the proper execution of the contract so requires, Voldt B.V. shall be entitled to have certain work performed by third parties at its own discretion. The purchaser shall ensure that all information that Voldt B.V. deems necessary, or that the purchaser should reasonably understand to be necessary for the execution of the contract, is delivered to Voldt B.V. in a timely manner. If the necessary information is not delivered to Voldt B.V. in time, Voldt B.V. shall have the right to cancel the execution of the contract. When executing the contract, Voldt B.V. shall not be obligated or bound to follow the buyer's instructions if they change the content or scope of the contract. If the instructions entail additional work for Voldt B.V., the purchaser shall pay the additional or further costs accordingly. Voldt B.V. may require a guarantee or full payment in advance from the purchaser prior to the execution of the contract. Voldt B.V. shall not be liable for damages of any kind that have occurred because Voldt B.V. has relied on incorrect and/or incomplete information provided by purchaser, unless such error or incompleteness was known to Voldt B.V. Buyer shall indemnify Voldt B.V. for any claims by third parties who suffer damages in connection with the execution of the contract that can be attributed to buyer.

Article 6 - Cancellation Period

Upon delivery of the products: Upon purchasing the products, the consumer has the option to cancel the contract without giving any reason within 30 days. The withdrawal period begins on the day after the consumer or a representative designated by the consumer in advance and known to the trader has received the product. The consumer has 14 days to return the product after withdrawal.

During the cooling-off period, the consumer shall handle the product and packaging with care. He/she shall unpack or use the product only to the extent necessary to assess whether he/she wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to the seller with all the accessories delivered and - if possible - in its original condition and original packaging, according to the reasonable and clear instructions provided by the seller. If the consumer wishes to exercise the right of withdrawal, he must inform the seller within 30 days of receipt of the product.

If the consumer wishes to exercise his right of withdrawal, he must inform the trader within 30 days of receipt of the product.

To exercise the right of withdrawal, you must inform our return form of your decision to withdraw from the contract by an unequivocal statement. The product must be returned to the address: Voldt. B.V., Haarbos 16, 3953HA Maarsbergen, The Netherlands. 

Article 7 Delivery

The place of delivery is the address that the purchaser has provided to Voldt B.V. If the commencement, execution or delivery of the contract is delayed due, for example, to the fact that the purchaser has not provided all required information in time, has not cooperated sufficiently, or a delay occurs due to other circumstances beyond Voldt B.V.'s control, Voldt B.V. shall be entitled to a reasonable extension of the delivery period. All agreed delivery terms are never fatal terms. Buyer shall notify Voldt B.V. in writing of the delay and grant Voldt B.V. a reasonable period to continue delivery. The purchaser shall not be entitled to any compensation due to the delay occurring. The purchaser is obliged to receive the goods at the agreed time, even if they are offered earlier or later than agreed. If the buyer refuses to accept delivery or neglects to provide information or instructions necessary for delivery, Voldt B.V. shall be entitled to store the goods at the expense and risk of the buyer. If the goods are delivered by Voldt B.V. or an external carrier, Voldt B.V. shall have the right to charge delivery costs, unless otherwise agreed in writing. These costs shall be invoiced separately, unless expressly agreed otherwise. If Voldt B.V. requests information from the purchaser in connection with the fulfilment of the contract, the delivery period shall not begin until the purchaser has made all necessary information available to Voldt B.V. If Voldt B.V. has indicated a delivery term, this is indicative. For deliveries outside the Netherlands, longer delivery times shall apply. Voldt B.V. has the right to deliver the goods in parts, unless this deviates from the contract or the partial delivery is of independent value. Voldt B.V. shall have the right to invoice delivered goods separately. Deliveries may only be made if all invoices have been paid, unless expressly agreed otherwise. Voldt B.V. reserves the right to refuse delivery if there is a well-founded fear of non-payment.

Article 8 Packaging and transport

Voldt B.V. undertakes to the purchaser to pack the goods to be delivered correctly and to secure them in such a way that they arrive at their destination in good condition under normal use. Unless otherwise agreed in writing, all deliveries include value added tax (VAT), packaging and packing materials. Receipt of the goods without observations on the consignment note or receipt shall constitute proof that the packaging was in good condition at the time of delivery.

Article 9 Inspection and complaints

The buyer is obliged to examine or have examined the delivered goods at the time of delivery or transfer, but in any event within 24 hours of receipt of the delivered goods, and to unpack or use them only to the extent necessary to assess the presence of the product. In this respect, the Buyer shall check whether the quality and quantity of the delivered products correspond to the contract and whether the products meet the requirements that apply to them under normal (commercial) conditions. Visible defects shall be reported in writing to Voldt B.V. after delivery to thom@koff.nl. If the product is damaged due to negligent handling by the purchaser, the purchaser shall be liable for any depreciation in the value of the product. The purchaser is obliged to examine and inform himself on how to use the product and, in case of personal use, to test the product in accordance with the instructions for use. Voldt B.V. accepts no responsibility for improper use of the product by the purchaser. If a claim in accordance with the previous paragraph is made in due time, the purchaser shall still have to pay for the purchased goods. If the purchaser wishes to return the defective goods, he/she may only do so with prior written authorisation from Voldt B.V., in the manner specified by Voldt B.V. Voldt B.V. has the right to initiate an investigation into the authenticity and condition of the returned merchandise before proceeding with a refund. Refunds to the purchaser will be processed as quickly as possible, but payment may take up to three days from receipt of the return. Refunds will be made to the account number previously provided. If the purchaser exercises his right to claim, he is not entitled to postpone his payment obligation or to cancel outstanding invoices.

If delivery is incomplete and/or one or more products are missing due to Voldt B.V., Voldt B.V. shall, after a request by the purchaser, return the missing product(s) or cancel the backorder. Confirmation of receipt of products is essential in this case. Any damage suffered by the buyer due to non-conforming delivery shall not be compensated by Voldt B.V.

Article 10 Prices

During the offer period, the prices of the products offered cannot be increased, unless there are changes in VAT rates. Prices stated in the offer are exclusive of VAT, unless explicitly stated otherwise. The prices stated in the offer are based on the cost factors applicable at the time the contract is concluded, such as import and export duties, transport and unloading costs, insurance and any taxes and levies. In the case of products or raw materials for which price fluctuations occur on the financial market and over which Voldt B.V. has no influence, Voldt B.V. may offer such products at variable prices. The offer will indicate that the prices are indicative and may vary.

Article 11 Payment and collection

Payment must be made in advance in the currency in which the invoice is issued, using the specified method. The Purchaser may not claim any right or expectation on the basis of an estimate issued in advance, unless the parties have expressly agreed otherwise. Buyer shall make a one-time payment to Voldt B.V.'s bank account and information known to Voldt B.V. The parties may only agree a different payment term with the express written consent of Voldt B.V. If a periodic payment obligation on the part of the purchaser has been agreed, Voldt B.V. shall have the right to change the applicable prices and rates in writing with three months' notice. In the event of liquidation, bankruptcy, cessation or suspension of payments by purchaser, Voldt B.V.'s claims against purchaser shall be immediately due and payable. Voldt B.V. is entitled to use the payments made by the purchaser first to reduce costs, then to reduce the interest due, and finally to reduce the principal and current interest. Voldt B.V. may, without being in default, refuse to accept a payment proposal if the purchaser specifies a different distribution order. Voldt B.V. may refuse to repay the entire principal amount if past due interest, current interest and costs are not paid. If the purchaser does not fulfil its payment obligation and has not done so within 30 days of the payment deadline set for the purchaser, the purchaser is in default, since it is a company. From the day on which the purchaser is in default, Voldt B.V. will, without further notice of default, demand statutory (commercial) interest from the first day of default until receipt of full payment and compensation for out-of-court costs pursuant to Article 6:96 of the Dutch Civil Code, which will be calculated according to the table in the Decree on compensation for out-of-court costs as of 1 July 2012. If Mr Voldt B.V. has incurred greater or higher costs than reasonably necessary, these costs may be compensated. The purchaser shall also pay the legal and execution costs.

Article 12 Reservation of title

All goods delivered by Voldt B.V. remain the property of Voldt B.V. until purchaser has fulfilled all obligations under all agreements made with Voldt B.V. Buyer shall not be authorised to pledge goods under retention of title or encumber them in any other way if title has not yet been fully transferred. If a third party seizes the goods delivered under retention of title or wishes to establish or exercise rights over them, the buyer shall inform Voldt B.V. as soon as this is reasonably foreseeable. If Voldt B.V. wishes to exercise its right of ownership in accordance with this article, purchaser gives its unconditional and irrevocable consent and authorises Voldt B.V. or a third party designated by Voldt B.V. to enter all places where Voldt B.V.'s property is located and take back the goods. Voldt B.V. has the right to retain the products purchased by the purchaser if the latter has not yet fulfilled its payment obligations, even if Voldt B.V. has the obligation to transfer or deliver them. If the buyer has still not fulfilled its obligations, Voldt B.V. shall do its best to deliver the purchased products to the buyer as soon as possible, but no later than 20 working days. Costs and other (consequential) damages resulting from the storage of the purchased products shall be borne by and at the risk of purchaser, and shall be reimbursed by purchaser upon first request to Voldt B.V.

Article 13 Warranty

Voldt B.V. guarantees that the products meet the contract, the specifications stated in the offer, usability and/or health, as well as the legal regulations/regulations applicable at the time of execution of the contract. This shall also apply if the goods to be delivered are intended for use abroad and the purchaser has expressly informed the seller in writing of such use at the time of concluding the contract. If a guarantee is granted, this shall be limited to what has been expressly agreed in writing and only to the extent that the guarantee has been obtained from the supplier/manufacturer.

Article 14 Cancellation and dissolution

Voldt B.V. has the right to cancel the performance of its obligations or dissolve the contract if the purchaser does not or does not completely fulfil its (payment) obligations under the contract. Furthermore, Voldt B.V. has the right to dissolve, without the intervention of the court, the agreement existing between Voldt B.V. and the purchaser, to the extent that it has not yet been performed, if the purchaser does not fulfil, not on time or not properly, his obligations under an agreement with Voldt B.V. In addition, Voldt B.V. has the right to terminate the agreement without notice if circumstances occur such that it can no longer demand fulfilment of the agreement or can no longer reasonably and fairly demand fulfilment of the agreement, or if other circumstances occur such that it can no longer be expected to maintain the agreement without modification. If the agreement is cancelled, Voldt B.V.'s claims against the purchaser shall expire immediately. If Voldt B.V. cancels the fulfilment of its obligations, Voldt B.V. shall retain its claims under the law and the contract. Voldt B.V. is always entitled to claim compensation.

Article 15 Limitation of Liability

If Voldt B.V.'s performance of the contract results in Voldt B.V.'s liability for damages to purchaser or third parties, such liability shall be limited to the costs incurred by Voldt B.V. in connection with the contract, unless the damage is due to intent or gross negligence. In any case, Voldt B.V.'s liability shall be limited to the maximum amount of compensation paid by the insurance company per accident and year. Voldt B.V. is not liable for consequential damages, indirect damages, loss of profit and/or loss, loss of savings and damages resulting from the use of products supplied. Voldt B.V. is not responsible and/or obliged to repair any damage resulting from the use of the product. Voldt B.V. provides strict instructions for maintenance and use that must be followed by the purchaser. All damage to products due to wear and tear and use are expressly excluded from liability (this includes traces of use, wear and tear, damage from falls, light and water damage, theft, loss, etc.). Voldt B.V. is not liable for damage that is or may be the result of an action or omission resulting from (defective and/or incorrect) information contained on websites or linked websites. Voldt B.V. is not responsible and/or obliged to repair any damage occurring as a result of using the product. Voldt B.V. provides strict instructions for maintenance and use that must be followed by the purchaser. All damages to products due to wear and tear and use are expressly excluded from responsibility (this includes traces of use, wear and tear, damage from falls, light and water damage, theft, loss, etc.). Voldt B.V. is not responsible for damages that are or may be the result of an action or omission resulting from (inadequate and/or incorrect) information contained in websites or linked websites. Voldt B.V. is not responsible for errors and/or irregularities in the functionality of the website and is not responsible for interruptions or unavailability of the website for any reason. Voldt B.V. does not guarantee that the content and emails sent by/on behalf of Voldt B.V. are transmitted correctly and completely, nor that they are received on time. All purchaser's claims due to defects by Voldt B.V. shall be forfeited if they are not reported in writing and justified to Voldt B.V. within one year from when the purchaser became aware or could reasonably have become aware of the facts underlying the claims. In any case, all claims of purchaser shall expire one year after termination of the contract.

Article 16 Force Majeure

Voldt B.V. shall not be liable if it cannot fulfil its obligations under the contract due to force majeure, nor shall Voldt B.V. be liable for the fulfilment of any obligation if it is prevented from doing so due to a circumstance that is not due to Voldt B.V. and that is not due to Voldt B.V.'s responsibility under law, jurisprudence or generally accepted opinions. Force majeure shall mean in all circumstances, but not limited to, what is considered force majeure by relevant law and jurisprudence, (i) force majeure at Voldt B.V.'s suppliers, (ii) failure of suppliers to perform obligations prescribed or recommended by purchaser to Voldt B.V., (iii) defects in third party goods, equipment, software or materials, (iv) governmental measures, (v) power outages, (vi) disruption of the internet, computer networks and telecommunications facilities (e.g. due to computer crimes), (vii) interruption of the internet, computer networks and telecommunications facilities (e.g. due to computer crimes). (e.g. due to computer crimes and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes in Voldt B.V.'s business, and (xi) other situations that, in Voldt B.V.'s opinion, are beyond its control and temporarily or permanently prevent Voldt B.V. from fulfilling its obligations. Voldt B.V. is entitled to invoke force majeure if the circumstance preventing (continued) performance occurs after Voldt B.V. should have fulfilled its promise. The parties may cancel their obligations under the contract during the period of force majeure. If this period lasts longer than two months, each party has the right to terminate the contract, without any obligation to compensate the other party. Insofar as Voldt B.V. has already fulfilled parts of its obligations under the contract at the time of the force majeure, or will be able to fulfil them, and an independent value can be attributed to the part already fulfilled and the part to be fulfilled, Voldt B.V. is entitled to invoice the part already fulfilled and the part to be fulfilled separately. The purchaser shall pay this invoice as if it were a separate agreement.

Article 17 Transfer of risk

The risk of loss of or damage to the products covered by the contract is transferred to purchaser when the goods leave Voldt B.V.'s warehouse.

Article 18 Intellectual Property Rights

All intellectual property rights and copyrights belonging to Voldt B.V. are the exclusive property of Voldt B.V. and cannot be transferred to purchaser. Buyer is prohibited from disclosing and/or duplicating, modifying or making available to third parties any document on which Voldt B.V.'s intellectual property and copyright rights are based without the express written permission of Voldt B.V. If purchaser wishes to make changes to products supplied by Voldt B.V., Voldt B.V. must expressly authorise the intended changes. Buyer may not use products covered by Voldt B.V.'s intellectual property rights in any way other than as agreed in the contract.

Article 19 Privacy, data processing and security

Voldt B.V. will treat the (personal) information of purchaser and website visitors with care. Upon request, Voldt B.V. will inform the person concerned. If Voldt B.V. is to provide information security on the basis of the agreement, such security shall meet agreed specifications and a level of security that is not unreasonable in view of the latest technology, the sensitivity of the tasks and the costs associated with them.

ARTICLE 20 Complaints Procedure

The Contractor shall have a properly recognised complaints procedure and shall handle the complaint in accordance with that procedure.

Complaints concerning the performance of the contract shall be submitted to the Contractor within 7 days with a complete and clear description after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a predictably longer processing time, the entrepreneur must respond within the 14-day period with a notification of receipt of the complaint and provide information on when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In the event of a complaint, the consumer must first contact Voldt B.V. In the case of complaints that cannot be resolved by mutual consultation, the consumer must contact the Stichting WebwinkelKeur (www.webwinkelkeur.nl), which performs mediation free of charge. If a solution cannot be found, the consumer can turn to the Stichting GeschilOnline (www.geschilonline.com), whose decision is binding and is accepted by both the entrepreneur and the consumer. The submission of a dispute to this commission is subject to costs that the consumer has to pay to the commission. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not cancel the policyholder's obligations unless the policyholder declares otherwise in writing.

If the Contractor considers that the complaint is justified, the Contractor shall, at its discretion, replace or repair the products delivered free of charge.

ARTICLE 21 - Disputes

Dutch law applies exclusively to agreements between Voldt B.V. and the consumer to whom these General Terms and Conditions apply.

Article 22 - Applicable law

European law applies to any agreement between Voldt B.V. and the purchaser. The applicability of the Vienna Sales Convention (CISG) is expressly excluded. For the interpretation of the content and scope of application of these general conditions, the Dutch text will always be decisive. Voldt B.V. has the right to unilaterally change these General Terms and Conditions. Any dispute arising from or as a result of the agreement between Voldt B.V. and the purchaser shall be subject to the jurisdiction of the Midden-Nederland District Court in Utrecht, unless mandatory statutory provisions provide for the jurisdiction of another court. Maarsbergen, 26 February 2020'.