Definitions
Vlemmix Aanhangwagens: Vlemmix Aanhangwagens B.V., located at Florapark 3 in Asten, registered with the Chamber of Commerce under number 17177364.
Customer: the party with whom Vlemmix Aanhangwagens has entered into an agreement.
Parties: Vlemmix Aanhangwagens and the customer together.
Consumer: a customer who is also an individual acting as a private person.
Applicability of Terms and Conditions
These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Vlemmix Aanhangwagens.
The parties may only deviate from these conditions if this has been expressly agreed upon in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
Offers and Quotations
Offers and quotations from Vlemmix Aanhangwagens are non-binding unless expressly stated otherwise.
An offer or quotation is valid for a maximum period of 1 month unless another acceptance period is stated in the offer or quotation.
Acceptance
When accepting a non-binding quotation or offer, Vlemmix Aanhangwagens reserves the right to withdraw the quotation or offer within 3 days after receiving the acceptance, without the customer being able to derive any rights from it.
Oral acceptance by the customer only binds Vlemmix Aanhangwagens after the customer has confirmed this in writing (or electronically).
Prices
All prices used by Vlemmix Aanhangwagens are in euros and exclude VAT and any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
All prices used by Vlemmix Aanhangwagens for its products, on its website or otherwise communicated, may be changed by Vlemmix Aanhangwagens at any time.
Increases in the cost prices of products or parts thereof which Vlemmix Aanhangwagens could not foresee at the time of making the offer or concluding the agreement may give rise to price increases.
Payments and Payment Term
Vlemmix Aanhangwagens may require a deposit of up to 50% of the agreed amount when entering into the agreement.
The customer must have completed payment before collecting or having the trailer(s) and/or parts delivered.
Payment terms are considered strict payment deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment term, the customer is automatically in default without Vlemmix Aanhangwagens having to send a reminder or notice of default.
Vlemmix Aanhangwagens reserves the right to make delivery dependent on immediate payment or to require security for the total amount of the services or products.
Payments and Payment Term
Products must be paid for immediately or before delivery of the products.
Consequences of Late Payment
If the customer is in default, the customer also owes extrajudicial collection costs and possible compensation to Vlemmix Aanhangwagens.
Collection costs are calculated based on the Dutch Decree on Compensation for Extrajudicial Collection Costs.
If the customer does not pay on time, Vlemmix Aanhangwagens may suspend its obligations until the customer has fulfilled their payment obligation.
In the event of liquidation, bankruptcy, seizure or suspension of payments on the part of the customer, the claims of Vlemmix Aanhangwagens against the customer become immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Vlemmix Aanhangwagens, the customer is still obliged to pay the agreed price.
Right of Reclamation
Once the customer is in default, Vlemmix Aanhangwagens is entitled to invoke the right of reclamation regarding the unpaid products delivered to the customer.
Vlemmix Aanhangwagens invokes the right of reclamation by means of a written or electronic notification.
Once the customer has been informed of the invoked right of reclamation, the customer must immediately return the products to which this right relates to Vlemmix Aanhangwagens, unless the parties agree otherwise.
The costs of retrieving or returning the products are borne by the customer.
Right of Withdrawal
A consumer may dissolve an online purchase within a cooling-off period of 14 days without stating reasons, provided that:
the product has not been used
the consumer has not waived the right of withdrawal
The cooling-off period of 14 days as mentioned in paragraph 1 starts:
on the day after the consumer has received the last product or part of one order
once the consumer has confirmed that they will purchase digital content via the internet
The consumer may exercise the right of withdrawal via info@vlemmixaanhangwagens.nl, if desired using the withdrawal form that can be downloaded from the Vlemmix Aanhangwagens website.
The consumer is obliged to return the product to Vlemmix Aanhangwagens within 14 days after notifying the withdrawal, failing which the right of withdrawal will lapse.
Return Shipping Costs
If the consumer exercises the right of withdrawal and returns the entire order in time, the costs for returning the entire order are borne by the consumer.
Right of Suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of Retention
Vlemmix Aanhangwagens may invoke its right of retention and in that case retain products of the customer until the customer has paid all outstanding invoices to Vlemmix Aanhangwagens, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Vlemmix Aanhangwagens.
Vlemmix Aanhangwagens is never liable for any damage the customer may suffer as a result of exercising its right of retention.
Set-off
Unless the customer is a consumer, the customer waives the right to set off a debt owed to Vlemmix Aanhangwagens against a claim against Vlemmix Aanhangwagens.
Retention of Title
Vlemmix Aanhangwagens remains the owner of all delivered products until the customer has fully complied with all payment obligations towards Vlemmix Aanhangwagens under any agreement concluded with Vlemmix Aanhangwagens, including claims relating to failure in performance.
Until that time, Vlemmix Aanhangwagens may invoke its retention of title and repossess the goods.
Before ownership has been transferred to the customer, the customer may not pledge, sell, transfer or otherwise encumber the products.
If Vlemmix Aanhangwagens invokes its retention of title, the agreement shall be deemed dissolved and Vlemmix Aanhangwagens shall have the right to claim damages, lost profits and interest.
Delivery
Delivery takes place while stocks last.
Delivery takes place at Vlemmix Aanhangwagens unless the parties agree otherwise.
If the agreed amounts are not paid or not paid on time, Vlemmix Aanhangwagens has the right to suspend its obligations until the agreed part has been paid.
In the event of late payment, creditor default occurs, meaning that the customer cannot hold Vlemmix Aanhangwagens liable for delayed delivery.
Delivery Time
Delivery times stated by Vlemmix Aanhangwagens are indicative and exceeding them does not entitle the customer to dissolve the agreement or claim compensation, unless the parties have expressly agreed otherwise in writing.
Actual Delivery
The customer must ensure that the actual delivery of the products ordered by them can take place in time.
Transport Costs
Transport costs are borne by the customer unless the parties have agreed otherwise.
Packaging and Shipping
If the packaging of a delivered product is opened or damaged, the customer must have the carrier or delivery person note this before accepting the product, failing which Vlemmix Aanhangwagens cannot be held liable for any damage.
If the customer arranges transport of a product themselves, they must report any visible damage to products or packaging to Vlemmix Aanhangwagens before transport, failing which Vlemmix Aanhangwagens cannot be held liable for any damage.
Assembly / Installation
Although Vlemmix Aanhangwagens makes every effort to carry out all assembly and/or installation work as well as possible, it bears no responsibility for this except in the case of intent or gross negligence.
Warranty
A warranty period of five years applies to the chassis. A warranty period of one year applies to other items and/or components of the delivered product.
The warranty does not apply in the case of normal wear and tear or damage resulting from accidents, modifications made to the product, negligence or improper use by the customer, or when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, or come into the possession of the customer or a third party who receives the product on behalf of the customer.
Complaints
The customer must inspect a product delivered or service provided by Vlemmix Aanhangwagens as soon as possible for any shortcomings.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Vlemmix Aanhangwagens as soon as possible, and in any case within two weeks after discovering the shortcomings.
Consumers must notify Vlemmix Aanhangwagens no later than two weeks after discovering the shortcomings.
The customer must provide a detailed description of the shortcoming so that Vlemmix Aanhangwagens can respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint concerns ongoing work, this cannot in any case lead to Vlemmix Aanhangwagens being required to perform other work than what was agreed.
Notice of Default
The customer must notify Vlemmix Aanhangwagens of any notice of default in writing.
It is the responsibility of the customer to ensure that a notice of default actually reaches Vlemmix Aanhangwagens in time.
Joint and Several Liability of Customers
If Vlemmix Aanhangwagens enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to Vlemmix Aanhangwagens under that agreement.
Liability of Vlemmix Aanhangwagens
Vlemmix Aanhangwagens is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
If Vlemmix Aanhangwagens is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
Vlemmix Aanhangwagens is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
If Vlemmix Aanhangwagens is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and, in the absence of full payment by the insurer, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colours, drawings and descriptions on the website or in a catalogue are indicative only and approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Limitation Period
Any right of the customer to compensation from Vlemmix Aanhangwagens expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
Right of Dissolution
The customer has the right to dissolve the agreement when Vlemmix Aanhangwagens fails to fulfil its obligations, unless the shortcoming does not justify dissolution due to its special nature or minor significance.
If the fulfilment of obligations by Vlemmix Aanhangwagens is not permanently or temporarily impossible, dissolution can only take place after Vlemmix Aanhangwagens is in default.
Vlemmix Aanhangwagens has the right to dissolve the agreement with the customer if the customer does not fulfil their obligations under the agreement fully or on time, or if Vlemmix Aanhangwagens has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfil their obligations.
Force Majeure
In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by Vlemmix Aanhangwagens to fulfil any obligation towards the customer cannot be attributed to Vlemmix Aanhangwagens if it results from circumstances beyond the control of Vlemmix Aanhangwagens that prevent the fulfilment of its obligations in whole or in part, or make it unreasonable to expect fulfilment.
Force majeure situations include but are not limited to: states of emergency (such as civil war, uprising, riots, natural disasters, etc.); failures and force majeure of suppliers, carriers or other third parties; unexpected power, electricity, internet, computer or telecommunications disruptions; computer viruses, strikes, government measures, unforeseen transport problems, severe weather conditions and work stoppages.
If a force majeure situation occurs that prevents Vlemmix Aanhangwagens from fulfilling one or more obligations to the customer, those obligations will be suspended until Vlemmix Aanhangwagens can fulfil them again.
If the force majeure situation lasts at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
In a force majeure situation, Vlemmix Aanhangwagens is not obliged to pay any compensation, even if it benefits in some way from the force majeure situation.
Amendment of the Agreement
If after the conclusion of the agreement it appears necessary to change or supplement its content for its execution, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
The previous paragraph does not apply to products purchased in a physical store.
Amendment of the Terms and Conditions
Vlemmix Aanhangwagens is entitled to amend or supplement these terms and conditions.
Changes of minor importance may be implemented at any time.
Vlemmix Aanhangwagens will inform the customer of major substantive changes as much as possible in advance.
Consumers are entitled to terminate the agreement in the event of a significant change to the terms and conditions.
Transfer of Rights
Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Vlemmix Aanhangwagens.
This provision qualifies as a clause with property law effect as referred to in article 3:83 paragraph 2 of the Dutch Civil Code.
Consequences of Nullity or Voidability
If one or more provisions of these terms and conditions prove to be null and void or voidable, this does not affect the remaining provisions of these terms and conditions.
In that case, a provision that is null and void or voidable will be replaced by a provision that most closely reflects what Vlemmix Aanhangwagens had in mind when drafting the conditions.
Applicable Law and Competent Court
All agreements between the parties are exclusively governed by Dutch law.
The Dutch court in the district where Vlemmix Aanhangwagens is located or conducts its business is exclusively competent to hear any disputes between the parties, unless mandatory law provides otherwise.
Drawn up on January 1, 2022.
