Terms and conditions
Article 1 – Identity of the provider
Name: Parts Supply Foundation D.C.N.
Address: Asseltsestraat 59-C, 6071 BS Swalmen
Phone number: 06-22145737
E-mail address: warehouse@dafclub.nl
VAT identification number: n.a.
Chamber of Commerce number: 41168689
In addition to these terms and conditions, the general Terms and Conditions of Sale and Delivery Stichting S.O.V. of October 31, 2018 which you can see below. In case the conditions below conflict with the general terms and conditions of sale and delivery Stichting S.O.V. of October 31, 2018, the consumer can, in the event of conflicting (general) terms and conditions, always invoke the applicable provision that is most favorable to him/her. In addition, the statutes and internal regulations of the association DAF Club Nederland apply. You can view this on the website of DAF Club Nederland.
Article 2 – Definitions
In these terms and conditions:
1. Provider: the legal entity that offers products and/or services to consumers at a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the provider;
3. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and provider being physically near each other, such as (but not limited to) by fax, telephone and internet;
4. Distance contract: an agreement whereby, within the framework of a system organized by the seller or service provider (provider) for the distance sale or service of products and/or services, exclusive use is made up to and including the conclusion of the contract of one or more remote communication techniques;
5. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
6. Reflection period: the period within which the consumer can make use of his right of withdrawal;
7. Day: calendar day;
8. Duration transaction: a distance contract with regard to a number of products and/or services, the delivery and/or purchase obligation of which is spread over a longer period;
9. Durable data carrier: any means that enables the consumer or provider to store information that is personally addressed to him/her in a way that allows future consultation and unaltered reproduction of the stored information.
Article 3 - Applicability
These general terms and conditions apply to every distance contract concluded between the provider and the consumer and to every offer from the provider.
Article 4 - The agreement
1. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions, with due observance of the provisions of paragraph 6 of this article.
2. The provider immediately confirms receipt of the acceptance of the offer electronically if the consumer has accepted the offer electronically.
3. The provider will take appropriate technical and organizational measures to secure the electronic transfer of data if the consumer has accepted the offer electronically. The provider will observe appropriate security measures if the consumer can pay electronically.
4. The provider will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of the provider where the consumer can go with complaints;
b. the information included in Article 5 paragraph 3, unless the provider has already provided this information to the consumer before the performance of the agreement;
c. the information about the guarantees and after-sales service;
d. the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
5. The provision in paragraph 4 only applies to the first delivery if the provider has committed itself to supplying a series of products or services;
6. The provider can (of course within the limits of the law) inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the provider has grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
Article 5 - The offer
1. The provider will explicitly state if an offer has a limited period of validity or is subject to conditions.
2. The offer contains a complete, accurate and detailed description of the products and/or services offered, so that the consumer can properly assess the product/service. If images are used in the offer, these must be true images of the products and/or services offered. Obvious mistakes or errors in the offer, where it can be immediately clear to a consumer that there is a mistake or error, do not bind the provider.
3. With an offer, the provider clearly states what the rights and obligations of a consumer are if the offer is accepted. Of importance are the
- price including any taxes but excluding shipping costs;
- costs of delivery if applicable;
- the manner in which the agreement will be concluded and how the consumer can have it concluded;
- method of delivery, payment or performance of the agreement;
- the way in which the consumer can become aware of actions he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
- the codes of conduct to which the provider has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- whether or not the right of withdrawal applies;
- term for acceptance of the offer, or the period for adhering to the price;
Article 6 - The price
All prices charged are inclusive of any taxes and applicable deposit. In addition, shipping costs will be charged.
Article 7 – Payment
1. The amounts owed by the consumer must be paid in advance, unless otherwise agreed.
2. In the event of non-payment or non-payment by the consumer, the provider may, unless this is legally restricted, charge the consumer reasonable costs, provided that this has been communicated to the consumer in advance.
3. Any inaccuracies in the payment details provided or stated must be immediately communicated by the consumer to the provider.
4. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service before the agreed advance payment has been made.
Article 8 - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days from the day of receipt of the product by or on behalf of the consumer.
2. The product must then be returned by the consumer within 15 days of receipt.
3. If the consumer wishes to make use of the right of withdrawal, he must only unpack or use the product to the extent necessary to assess whether the consumer wishes to keep the product. During this period, the consumer will handle the product and the packaging with care. The consumer will return the product with all accessories supplied and, insofar as possible, in the original condition and packaging to the provider, in accordance with the reasonable and clear instructions indicated by the provider.
4. S.O.V. calculates a deposit when purchasing certain items. In order to have the deposit refunded, except for settlement due to payments still due, the item to be returned must be returned by S.O.V. within 1 year after purchase. must be received on presentation of the original purchase invoice on which the relevant deposit is stated. The item to be returned must be clean, complete and reasonably capable of being revised, at the discretion of the S.O.V..
Article 9 - Costs in case of withdrawal
1. If the consumer makes use of the right of withdrawal, the costs of the return shipment will be borne at most.
2. If the consumer has paid an amount, the provider will refund this amount as soon as possible, but no later than 15 days after the return or cancellation.
Article 10 - Exclusion right of withdrawal
The right of withdrawal is excluded by the provider for products that
cannot be returned due to their nature and/or which have been created by the provider in accordance with the consumer's specifications.
Article 11 - Delivery and execution
1. The provider will exercise the greatest possible care when receiving and executing orders for products, as well as when assessing applications for the provision of services.
2. The provider recognizes electronic communication and will not deny its validity or legal effect simply because the communication is electronic.
3. If delivery of an ordered product proves to be permanently impossible, the supplier will endeavor to make a replacement comparable item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. In the case of replacement articles, the right of withdrawal cannot be excluded and the consumer is free to dissolve the agreement, whereby the costs of any return shipment are borne by the provider.
4. Unless expressly agreed otherwise, the risk of loss and/or damage to products rests with the provider until the moment of delivery to the consumer. The address that the consumer has communicated to the provider is the place of delivery.
5. The supplier will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If there is a delay in delivery, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In such a case, a consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation if the supplier cannot deliver on time or cannot.
6. In the event of dissolution pursuant to the previous paragraph, the provider will refund the amount paid by the consumer as soon as possible, but no later than 10 days after dissolution.
Article 12 – Conformity
The provider guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of usability and/or soundness and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
Article 13 – Complaints procedure
1. The provider has a complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted fully and clearly described to the provider within a reasonable time after the consumer has discovered the defects.
3. The provider will handle and answer complaints submitted as soon as possible, but in any case within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the provider will respond within the period of 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
Article 14 - Modification of the general terms and conditions
Changes to these terms and conditions will not take effect until they have been properly published. In the event of changes during the term of an offer, the provision(s) most favorable to the consumer shall take precedence.
Article 15 – Applicable Law
Only Dutch law applies to agreements between the provider and the consumer to which these general terms and conditions apply.
Last modified on 15 July 2015, revised on 09-06-2019.
General terms and conditions of sale and delivery of the S.O.V. foundation
These are the General Terms and Conditions of Sale and Delivery of the D.C.N. (S.O.V., Chamber of Commerce The Hague, number 41168689). The Articles of Association and the Internal Regulations of S.O.V. also apply. and the Articles of Association and the House Rules of the association DAF Club Nederland (D.C.N., Chamber of Commerce The Hague 40446863).
We do our best to bring these General Terms and Conditions of Sale and Delivery to your attention. It states what we do for you and what we expect from you.
1 Definitions in these General Terms and Conditions of Sale and Delivery
(a) S.O.V. or we/us: the D.C.N. Parts Supply Foundation. The parts warehouse for the members of DAF Club Netherlands is housed in this foundation
(b) Customer or you: someone who works with S.O.V. concludes an agreement, or that with S.O.V. is negotiating the conclusion of such an agreement;
(c) Agreement: any agreement concluded between S.O.V. and you are established and any amendment or addition thereto. This also includes the (legal) acts for the preparation and implementation of the agreement;
(d) Order: every order from the customer to S.O.V.;
(f ) Conditions: these General Terms and Conditions of Sale and Delivery.
2 When do these conditions apply?
2.1 These terms and conditions apply to all agreements with us. Deviations from these terms and conditions are only valid if we agree this with you in writing.
2.2 We do not accept any reference by you to your own or other terms and conditions.
2.3 We may change these terms and conditions. If you have already given us an order, the terms and conditions will continue to apply as they were on the day the agreement was concluded.
2.4 If a provision of these terms and conditions is declared null and void or non-binding by a competent court, the other provisions of these terms and conditions will continue to apply.
2.5 Members, housemates and honorary members of DAF Club Nederland are entitled to the parts supply and other services provided by us. They can purchase suitable numbers of products for their own car(s). For this we ask for proof of membership in your name and sufficient proof of ownership of the car for which the products or services are intended. The car must be registered with the secretariat of DAF Club Nederland in the manner indicated by DAF Club Nederland. All this also applies to products and services that are offered as an offer.
2.6 Our employees can set additional requirements for the delivery of goods and/or services or refuse them. If this is the case, you are of course entitled to an explanation from us.
3 Quotations and images etc.
3.1 Quotations and prices are not binding on us. They only apply as an invitation to place an order, unless there is a distance agreement.
3.2 We carefully compile images, drawings, photographs, models, specifications and prices. However, we do not guarantee its correctness. The images, drawings, photos, models and specifications are only indications of the products and services to give you an impression of what we offer.
4 The contract between you and us
4.1 The agreement is concluded the moment we accept it in writing or start its implementation or when we give you the invoice for the agreement.
4.2 Additional agreements, changes or commitments made by us with you at a later date are only binding on us if they have been confirmed to you in writing. Of course you can ask us for such a confirmation. The administration of S.O.V. is decisive.
4.3 For work for which no quotation or order confirmation has been provided, the invoice also applies as order confirmation. In such a case, the invoice accurately and fully reflects the agreement. The administration of S.O.V. is decisive.
4.4 We may engage others in the performance of the agreement. If possible and necessary, we will discuss this with you.
5 The delivery
5.1 The delivery time we specify to you is based on the circumstances that apply to us at the time of entering into the contract and, if we rely on others, on the information they have given us. The delivery time is met by us as much as possible. However, the delivery times specified by us are never strict deadlines.
5.2 If we have not agreed a delivery time with you in writing, a period of six weeks will apply after we have confirmed your order. If we do not meet this delivery time, you are only entitled to inform us in writing and to give us a final delivery time of at least 10 working days, which starts when we receive it.
5.3 If we do not meet the delivery term, you are not entitled to compensation. You are therefore not entitled to dissolve the agreement, unless the delivery time has been exceeded to such an extent that we cannot reasonably ask you to maintain the agreement (or the part thereof to which the arrears relate). You may then dissolve the agreement, insofar as this is reasonable and necessary.
5.4 If we need data or tools from you for the execution of the agreement, the delivery time will only start on the day that we have received all the necessary data or tools from you.
5.5 We may always deliver in parts.
5.6 Orders are delivered at your expense and risk in the manner chosen by us. If you want a different method of delivery than usual with us, then - if we agree - any additional costs will be for your account. We are not obliged to deliver other than by delivery to our warehouse at the opening hours published by us or via our webshop (www.dcnwebshop.nl).
5.7 If the products have not been purchased by you after the delivery time has expired, we will store them at your expense and risk. We may sell these products to others. Any lower yield and the costs are for your account, apart from all other rights of us.
5.8 You must check what we deliver to you and its packaging immediately upon delivery for any shortages, defects or damage. Any shortages, defects or damage to what we have delivered to you or the packaging must be stated on the delivery packing slip, the invoice and/or the transport documents, or must be reported to us in writing immediately. If not, we assume that you have approved what has been delivered. Complaints will then not be processed.
5.9 Any returns in the event of shortages, defects or damage must take place no later than 15 days after dissolution of the agreement, as stipulated in Article 12.
6 Prices
6.1 All prices are in Euros.
6.2 The agreements are concluded at the prices set by us at that time. We may change these prices up to the time of delivery of the products. This if the circumstances applicable to us, on which the prices are based, have changed since the conclusion of the agreement and before delivery. In such a case, in the event of a price increase, you have the right to dissolve the agreement in writing within 15 days after you have become aware of the price increase or could have become aware of it.
7 Payment
7.1 We may always require (cash) payment, advance payment or security for payment.
7.2 In all other cases you will pay the amounts charged by us within 30 days of the invoice date. This without deduction, settlement or compensation in the currency as stated on the invoice. If not, you are in default. You may not suspend payment obligations. If we have doubts about your creditworthiness, we do not have to perform (further) and we may first demand that the amounts charged are paid by you, or that you provide proper security for both the fulfillment of your payment obligations and any other obligations.
7.3 If you fail to meet one or more payment obligations, or fail to do so on time or in full, you will be in default without further notice of default and all our claims will be immediately due and payable, however they may have arisen. From the due date, you owe us per month or part of the month, whereby part of a month counts as a full month, the statutory interest on all late payments, as determined in Article 6:119a of the Dutch Civil Code for Commercial Transactions. or article 6:119 Dutch Civil Code for consumer transactions. You will then also owe the extrajudicial and judicial collection costs. The costs to be reimbursed by you will amount to at least 15% of the amount of the overdue payment, regardless of our right to reimbursement of the full costs.
7.4 If we receive an amount from you, that amount will be primarily for the payment of those claims we may have against you, which are not subject to retention of title as referred to in 8. Thereafter, any amount we receive from you will first be used for the payment of any interest and costs due as referred to in Article 7.3. Subsequently for the payment of due and payable invoices, whereby the invoice with the oldest due date is credited first, even if you state that the payment relates to a later invoice. We may always set off our claims against you against what we owe or will owe you.
8 Retention of Title
8.1 Despite delivery, ownership of the products will not pass to you until you have fulfilled all your financial obligations to us under an agreement for products delivered or to be delivered to you, or services performed or to be performed for you. These financial obligations also include claims for failure to comply with an agreement, including claims such as fines, interest and costs.
8.2 You are liable for the products delivered under retention of title and you must keep them with due care and as recognizable property of us.
8.3 Before ownership of the products passes to you, you may not rent out or use, pledge or otherwise encumber the products.
8.4 If you fail to meet your payment obligations to us or if we have reason to fear that you will fail to meet those obligations, we may take back the products delivered under retention of title. This without notice of default or judicial intervention. You are obliged to allow us or a third party designated by us access to the places where the products delivered under retention of title are located.
9 Warranty
9.1 We only guarantee the quality of the products in the state in which they are at the time of delivery. We only guarantee that the products have the properties required for normal use.
9.2 We provide the same warranty for the products supplied by us as is given to us by our suppliers. The guarantee only applies during the guarantee periods determined by our suppliers, with a maximum of 1 year.
9.3 The warranty means that we replace the products if possible after receipt of the returned products. The guarantee does not oblige us to refund the invoice amounts.
9.4 The guarantee only applies if you have fulfilled all your obligations towards us.
9.5 The guarantee on products expires, regardless of the guarantee period, from the moment that the products have been incorporated into other products.
9.6 Contrary to what has been included above about the guarantee, we do not provide a guarantee on items that are overhauled or repaired by us. We also understand by overhauling the balancing of parts.
10 Liability
10.1 Apart from the warranty provisions, we exclude any further liability for all damage, however this damage may have arisen. This also includes all direct and indirect damage, such as damage to the products, consequential damage or trading loss. This exclusion does not apply if we are liable for damage caused by intent or gross negligence on our part, our employees or auxiliary persons engaged by us.
10.2 If we are liable, our total liability is always limited to 3 times the invoice amount with a maximum of Euro 1,500 per claim or related series of claims. This does not apply if we are liable under Title 3, Section 3 of Book 6 of the Dutch Civil Code (provisions on product liability) or if there is higher coverage from our liability insurer(s).
10.3 You indemnify us against all claims from third parties with regard to damage that has occurred through or in connection with the products and services supplied by us. This does not apply if the damage is caused by gross negligence or intent on our part, our employees or auxiliary persons engaged by us.
11 Complaints
11.1 If you have a complaint, please let us know as soon as possible. Describe the problem as clearly as possible, then we can help you. You will receive an answer from us within 5 working days at the latest or you will be told how much time and what we may need to further investigate your complaint.
11.2 You are obliged to inspect the products immediately upon receipt, but in any case as soon as possible afterwards. Complaints about our invoice or about defects in the products must be reported to us in writing within 15 days of receipt of the products. If you do not do so, you cannot claim that the products do not comply with the agreement. Defects that you could not reasonably have discovered within 15 days after receipt of the products must be reported to us in writing no later than 15 days after you could reasonably have discovered these defects.
11.3 If you discover a defect, you are obliged to discontinue any use of the products, to carefully preserve the products and to take the necessary measures to limit damage as much as possible. In doing so, you will carefully follow our instructions and provide us with all cooperation for an investigation of the defect found and the associated circumstances, such as the treatment and use of the products. If we request this, please return the products to us. If the complaint is justified, the costs are for us.
12 Returns, cancellation and deposit
12.1 Irrespective of what is stated elsewhere in these Terms, agreements with us may be terminated up to a period of 14 days from the day you received the products.
12.2 Products that we have bought or made especially for you are not eligible for a cancellation, return or exchange.
12.3 If you return or return a product, this is only possible if you also include the relevant invoice. Items that cannot be proven to have been delivered by us are not eligible for credit.
12.4 Articles whose number does not correspond to the standard packaging unit are also not eligible for credit.
12.5 Unless otherwise stated by law, credit notes relating to the products returned by you will be calculated according to the prices applicable on the date of the credit. However, the amount of the credit note will never exceed the amount that you have paid to us according to the invoice.
12.6. We charge a deposit when purchasing some items. To get the deposit refunded or settled, the item to be returned must be received by us within 1 year after purchase with the original invoice, which states the relevant deposit. The item to be returned must be clean, complete and reasonably remanufactured. We assess this.
13 Termination of the Agreement
13.1 We can, in addition to our other rights arising from the agreement and the law, dissolve the agreement with you in its entirety, or for the part that has not yet been performed, at any time with immediate effect. This without further notice of default and judicial intervention and liability to you for damages if you fail to fulfill one or more of your obligations under the agreement or other agreements with us. This also applies if you are declared bankrupt, if you apply for (provisional) suspension of payments or offer a payment arrangement to your creditors, if you cease to exist, cease your activities or liquidate your company or if an attachment is imposed. on your assets or if you are unable to pay your due and payable debts or if your due and payable debts remain unpaid or an application is submitted for the Debt Rescheduling Natural Persons Act to be declared applicable or in the event of your death.
13.2 If the above is the case, we may take back the products subject to retention of title. We may also demand what is owed to us at once and in full, independently of our other rights, such as the right to compensation for costs, damage and interest and the costs of taking back the products.
14 Force majeure
14.1 In the event of force majeure, we may suspend the execution of the agreement for a maximum of six months or dissolve the agreement in whole or in part without judicial intervention. In such a case we do not have to pay compensation.
14.2 Force majeure is also: all circumstances independent of our will, even if they could already be foreseen when the agreement was concluded, which prevent the fulfillment of the agreement permanently or temporarily, in whole or in part, or as a result of which the fulfillment of our obligations cannot reasonably be required. These circumstances include in any case: war, civil war, danger of war, riot, strike, fire, epidemics, late delivery of material and products by our supplier, restrictive government measures or the lack of a permit to be obtained from the government. The above also applies if these circumstances occur at our suppliers.
15 Which law applies? And who settles disputes?
15.1 Only Dutch law applies to agreements concluded with us.
15.2 The Vienna Sales Convention 1980 (CISG) does not apply.
15.3 All disputes with us will be settled by the board of the S.O.V., possibly after advice from a committee. If the disputes fall within the jurisdiction of the district court, they will be dealt with by the district court in Utrecht.
As adopted on November 23, 1995, revised as of January 1, 2002. As of December 6, 2010, April 7, 2013, June 1, 2014, November 12, 2014, July 15, 2015 and October 31, 2018.