Terms of delivery

Definitions

Volpracht: Volpracht, established in Zierikzee under Chamber of Commerce number 89216563.
Customer: the person with whom Volpracht has entered into an agreement.
Parties: Volpracht and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Applicability of terms of delivery

These terms and conditions of delivery apply to all work, orders, agreements and deliveries of services or products by or on behalf of Volpracht.
Parties may only deviate from these terms of delivery if they have expressly agreed to this in writing.
The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or third parties.

Consequences of not paying on time

If the customer does not pay within the agreed term, Volpracht is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.
If the customer is in default, he is also liable to pay extrajudicial collection costs and any compensation to Volpracht.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Volpracht may suspend its obligations until the customer has fulfilled its payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Volpracht's claims on the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Volpracht, he is still obliged to pay the full agreed price to Volpracht.

Right of complaint

As soon as the customer is in default, Volpracht is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
Volpracht invokes the right of complaint by means of a written or electronic communication.
Once the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Volpracht, unless the parties make other arrangements in this regard.
The costs of retrieving or returning the products will be borne by the customer.

Right of withdrawal

A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that has been tailor-made or adapted specifically for the consumer
it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.)
the seal of the delivered goods is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
the product is not a journey, ticket, catering order or form of leisure activity
the product is not a loose magazine or loose newspaper
it does not concern an (order for) emergency repair
the consumer has not waived his right of withdrawal

The 14-day reflection period referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first product with a subscription
- as soon as the consumer has purchased a service for the first time
- once the consumer has confirmed that he will purchase digital content via the internet
The consumer can make his/her appeal to the right of withdrawal known via info@volpracht.nl, if desired using the withdrawal form that can be downloaded from the Volpracht website, volpracht.nl.
The consumer is obliged to return the product to Volpracht within 14 days after making his right of withdrawal known, otherwise his right of withdrawal will lapse.

Return shipping costs reimbursement

If the consumer exercises his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be 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

Volpracht may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to Volpracht, 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 Volpracht.
Volpracht is never liable for any damage that the customer may suffer as a result of exercising its right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Volpracht against a claim on Volpracht.

Retention of title

Volpracht remains the owner of all delivered products until the customer has fully met all its payment obligations towards Volpracht, including claims regarding failure to comply with the agreement.
Until then, Volpracht may at any time invoke its right of retention of title and take back the items.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If Volpracht invokes its retention of title, the agreement will be deemed to have been terminated and Volpracht will be entitled to claim damages, lost profits and interest.

Delivery

Delivery will take place while stocks last.
Delivery will take place at Volpracht, unless the parties have agreed otherwise.
Delivery of products ordered online will take place at the address specified by the customer.
If the agreed amounts are not paid or not paid on time, Volpracht has the right to suspend its obligations until the agreed portion has been paid.
In the event of late payment, the creditor is in default, with the result that the customer cannot object to late delivery to Volpracht.

Delivery time

The delivery times stated by Volpracht are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time commences at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Volpracht.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Volpracht cannot deliver within 14 days after written notice to do so or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Delivery of goods on order

1. The customer is obliged to accept the items produced by Volpracht on his behalf.
2. If items have not been collected by the customer after the delivery time has expired, they will remain available to Volpracht. Items not collected will be stored at the customer's expense and risk. Volpracht may always use the authority of article 6:90 BW.

Delivery and transfer of risk

The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is placed in the customer's possession.

Shipping costs

Transportation 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 a note made of this by the carrier or delivery person before accepting receipt of the product, failing which Volpracht cannot be held liable for any damage.
If the customer arranges for the transport of a product himself, he must report any visible damage to products or packaging to Volpracht prior to transport, failing which Volpracht cannot be held liable for any damage.

Storage

If the customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs resulting from premature or late collection of products will be borne entirely by the customer.

Warranty

The warranty with respect to products applies only to defects caused by defective manufacturing, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, or if 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 shall pass to the customer at the time when they are legally and/or actually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.

Disclaimer

The customer indemnifies Volpracht against all claims from third parties relating to the products and/or services supplied by Volpracht.

Complaints

The customer must examine a product or service supplied by Volpracht as soon as possible for any deficiencies.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Volpracht of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
Consumers must inform Volpracht of any deficiencies within 2 months of discovering them.
The customer must provide as detailed a description as possible of the shortcoming, so that Volpracht is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this may in any case not lead to Volpracht being obliged to perform work other than that agreed upon.

Notice of default

The customer must notify Volpracht of any notice of default in writing.
It is the customer's responsibility to ensure that a notice of default actually reaches Volpracht (on time).

Customer's joint and several liability

If Volpracht enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Volpracht under that agreement.

Liability Volpracht

Volpracht is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
If Volpracht is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Volpracht is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
If Volpracht is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the amount of damages by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Expiry date

Any right of the customer to compensation from Volpracht shall in any case expire 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 BW.

Right of withdrawal

The customer has the right to terminate the agreement if Volpracht is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
If Volpracht's compliance with its obligations is permanently or temporarily impossible, dissolution can only take place after Volpracht is in default.
Volpracht has the right to terminate the agreement with the customer if the customer does not fully or timely fulfil his obligations under the agreement, or if Volpracht has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfil his obligations.

Force majeur

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Volpracht to fulfil any obligation towards the customer cannot be attributed to Volpracht in a situation beyond the control of Volpracht, which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes it unreasonable to expect Volpracht to fulfil its obligations.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation occurs as a result of which Volpracht cannot fulfil one or more obligations to the customer, those obligations will be suspended until Volpracht can fulfil them again.
From the moment that a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.
In the event of force majeure, Volpracht is not liable for any (damage) compensation, even if it enjoys any benefit as a result of 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 shall adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of terms of delivery

Volpracht is entitled to change or supplement these terms of delivery.
Minor changes may be made at any time.
Volpracht will discuss major substantive changes with the customer in advance as much as possible.
A consumer is entitled to cancel the agreement in the event of a material change to the terms of delivery.

Transfer of rights

Customer rights under an agreement between the parties may not be transferred to third parties without the prior written consent of Volpracht.
This provision applies 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 of delivery prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Volpracht had in mind when drawing up the conditions on that point.

Applicable law and competent court

These terms of delivery and any agreement between the parties are exclusively governed by Dutch law.
The Dutch court in the district where Volpracht is established has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Applicability of terms of delivery

These terms of delivery have been applicable since 28-04-2023.