The General Terms and Conditions of VehGro B.V. are as follows:

ART. 1 Quotes/Contracts

1.1 All quotes by VehGro B.V. are non-binding and VehGro B.V. (referred to as “VehGro”) expressly reserves the right to adjust its prices and its General Terms and Conditions; especially if this is necessary due to (statutory) provisions.

1.2 These General Terms and Provisions apply to all quotes by and to contracts respectively agreements with VehGro.

1.3 VehGro has the right to introduce additional conditions aside from these General Terms and Conditions, which apply specifically to the type of transaction resp. the type of service. The additional conditions are part of the General Terms and Conditions.

1.4 It is understood that a customer who has entered a contract resp. an agreement with VehGro in accordance with these General Terms and Conditions will accept that these General Terms and Conditions will also apply to every possible future order this customer places orally or in written form, without VehGro being obliged to address this matter specifically.

1.5 Contact of provider (“Vendor”):

VehGro B.V.
Weijinksweg 18
7558 PL
Hengelo Ov.
the Netherlands**)

Phone: +31 541 74 6030
Email: support@vehgro.com
Further details can be found in our colophon.

 

ART. 2 Quotes/ Orders

2.1 Price lists, publications on the website as well as price indications on VehGro-Shop shall not represent a binding offer.

2.2. Quotes are non-binding unless it is stated otherwise in the quote. 

2.3 VehGro is not liable for any delayed or unusable deliveries of orders, notices due to the use of internet or any other type of communication in order to communicate with VehGro unless the default was evidently caused by the gross negligence or willful misconduct of VehGro.

2.4 VehGro reserves the right to cancel orders at any time. If payment has already been made, this will of course be refunded.

2.5 If no payment is made by the customer within 14 days after a proforma invoice has been issued, an order will be automatically cancelled.

 

ART. 3 Shipping costs/Payment

3.1 VehGro delivers the goods at the prices valid on the date of shipment from VehGro’s stock. VehGro's services are provided at the agreed (fixed or variable) price, which VehGro calculates in its usual manner after providing the services.

3.2 For orders up to 30 kilograms within the Netherlands, to Belgium and to Germany, shipping costs of € 8,95 per parcel up to 30 kilograms will be charged. Shipment of pallets within the Benelux countries and to Germany from € 45,50/Euro-pallet.

For up-to-date information on shipping costs check our Delivery section.

3.3 Payment is possible in advance with multiple payment options such as IDEAL, Mr. Cash, Sofortbanking. The payment options that apply to the customer will be shown during the checkout. After receipt of payment of the full purchase amount with surcharges such as transport costs, your order will be shipped. Any deviating arrangements will only be made in further consultation and after confirmation from VehGro. In some cases, payment by invoice is possible if VehGro has enabled this payment option for the customer.

3.4 The Buyer is not permitted to apply settlement to outstanding invoices, unless this has been expressly agreed and approved by the Seller.

3.5 Pending complaints and/or warranty claims do not entitle to pause payment or to only partly settle outstanding amounts.

3.6 If the customer has not paid the invoice in cash on the due date, he will owe an interest of 0.1% of the outstanding amount per day without prior notice of default, taking into account the statutory limits.

3.7 If nothing else has been agreed upon, payment should be made by bank and in advance to the actual delivery of the goods. If VehGro sends an invoice, the payment is due within fourteen days after the invoice date unless otherwise agreed in writing.

3.8 Payments made by the customer shall always serve for payment of all unpaid interest and costs and subsequently for those payable invoices which have been outstanding the longest, even if the customer states that the payment relates to a later invoice.

3.9 If the customer has not been paid the amount owed by the deadline and if VehGro has opened a collection procedure by legal or other means, the customer is required to compensate Vehgro for the costs incurred in this matter.

3.10 VehGro is at all times entitled to request the customer to provide sufficient security for the fulfilment of his payment obligations with regard to the services performed by VehGro, in a manner designated by VehGro.

3.11 Replacement products shall be approved by offsetting the replacement costs and exclusively after prior permission and exclusively with regard to payment. VehGro does not guarantee the prompt provision of the replacement products.

 

ART. 4 Dropshipment

4.1 Dropshipping is the process by which the Seller (VehGro) offers the Purchaser (dropshipper) the possibility to sell Products that are kept in stock and are shipped to the customers by the Seller. The Customers may order these Products from the Purchaser at a Sales Price to be determined by the Purchaser. After a sale the Purchaser informs the Seller by emailing a Packing Slip to the Seller, and the Seller dispatches the Products to the Customers by order of and at the expense and risk of the Customer, in such a way that the Customers do not see that the Products originate from the Seller (if possible).

4.2 Drop-shipment orders which are sent to a shipping address other than the address of Purchaser are also subject to these General Terms and Conditions.

4.3 The Products will be sent by parcel post to the delivery address provided by the Customer, whereby the Customer must sign for receipt. The absence of a Signature or dispute of receipt of a product does not relieve Purchaser of his payment obligations towards Seller.

4.4 The risk of damage to and loss of the Products is immediately transferred to the Purchaser after handover of the Products to the (external) carrier, the same applies to returns, damaged or lost shipments.

4.5 In the event of returns, the Customer will maintain contact with the Purchaser. Purchaser will never refer Customer to Seller in case of return. Seller assesses the product for defectiveness after timely arrival. This degree determines any amount of refund or replacement. If Seller judges the Product to be defective and this is due to a cause at the expense and risk of Seller, Seller shall send a new product to Client. The transport costs for returning the defective Product and resending a new Product shall be borne by Seller. If Seller deems that the defect in the Product is not at its expense and risk, it will notify Purchaser and return the Product to Purchaser at Purchaser's expense and risk.

4.6 Purchaser indemnifies Seller against claims by persons whose personal data have been registered or are processed in the context of the execution of Orders, or against claims by third parties, whether or not on account of damages, fines, settlements, criminal transaction proposals or otherwise, and indemnifies Seller in full thereof.

4.7 Purchaser warrants that it will not infringe Seller's or Seller's supplier's intellectual property rights in relation to the Products.

4.8 The prices of Products are (daily) subject to change. The prices to be paid by Purchaser are the prices at the time that Seller accepts an Order.

4.9 Shipping costs, storage costs and handling costs will be settled by means of advance invoices. These advance invoices must be paid (monthly) in advance. VehGro may stagnate deliveries if the payment obligation is not fulfilled on time. These costs are listed in a separate appendix.

 

ART. 5 Time for dispatch

5.1 All articles in the online shop are usually available from stock within 1-7 working days. However, it is possible that an article is temporarily out of stock or has been withdrawn from stock. In such a case, the customer will be informed by e-mail or telephone and VehGro shall stop the order. If a subsequent delivery turns out to be impossible, the customer will be notified. However, VehGro assumes, that the customer’s order will be dispatched within 1-7 working days (after receipt of the order). All reported or mentioned dispatch times are indicative only and may not lead to any right or liability. If the customer gets in delay with any payment, VehGro is entitled to suspend or terminate (the execution of) the corresponding contract and the related agreements.

5.2 The dispatch time starts as soon as an agreement has been reached concerning all details and after VehGro has received all data necessary for the execution of the agreement.

5.3 The mentioned dispatch times shall be deemed to be estimates only

5.4 In the event that VehGro should exceed a dispatch time or time of delivery, the customer is never entitled to any claim for compensation, a termination of the agreement or any other action against VehGro. The situation is different in the event of intent or negligence on the part of VehGro or its management personnel or if the delivery period is exceeded by more than three months. In this case, the customer has the right to terminate the agreement without being entitled to liability claims or any claims for compensation.

 

ART. 6 Force majeure

Should VehGro be prevented from being able to fulfill the agreement partially or completely and / or be prevented from fulfilling the agreement in due time due to force majeure, VehGro is not liable for any damage. Force majeure is understood to mean any deficiency for which VehGro cannot be held accountable, as this shortcoming cannot be hold against VehGro nor can it be regarded as its responsibility by virtue of the law, legal action or according to generally accepted standards.

 

ART. 7 Reservation of title 

The possession of delivered products will only be transferred to the buyer as soon as the buyer has completely settled the debt due to any agreement in favor of VehGro. The risk involved in ownership of the goods is only transferred to the customer from the moment of delivery.

 

ART. 8 Complaints and liability  

8.1 The buyer is obliged to examine the products directly after delivery in order to determine whether they correspond to the agreement.

8.2 Complaints in general as well as complaints about invoices are to be communicated to VehGro in written form and with an adequate description of the complaint within eight days after receipt of the goods or invoices or within eight days after a possible defect with respect to the delivery items has been discovered or should have been discovered. After the lapse of this period, it is assumed that VehGro has correctly fulfilled its obligations and it is assumed that the customer has recognized the items or invoices as correct.

8.3. After the lapse of this period, it is assumed that VehGro has correctly fulfilled its obligations and it is assumed that the customer has recognized the items or invoices as correct.

8.4 Complaints never give the customer the right to suspend payments.

8.5 If VehGro deems a complaint to be justified, VehGro has the right to choose from the following options: A: to adjust the invoice and to change the invoice amount accordingly; B: to replace the delivered product with a product with similar specifications; C: to take back the delivered product and to dissolve the agreement by reimbursing the invoice amount paid by the customer without being obliged to any compensation.

8.6 In such a case, the customer should immediately give VehGro the opportunity to correct any defects.

 

ART. 9 Right of withdrawal

During the period of complaint (8 days), the buyer will carefully handle the product and packaging. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product including all the delivered accessories and in original condition and packaging to VehGro in accordance with the appropriate and clear instructions given by VehGro. If the buyer makes use of his right of withdrawal, not more than the costs of returning the goods are at his expense. If the buyer already paid an amount, VehGro will refund this amount as soon as possible, but at the latest within 30 days after receipt of the returned products or the withdrawal. If the buyer does not have a right of withdrawal, this can only be excluded by VehGro if VehGro has indicated this clearly in the offer, at least early before the conclusion of the agreement.

The exclusion of the right of withdrawal is only possible for products:

• manufactured by VehGro according to the specifications of the buyer (specific products or tailor-made production) and which therefore are not resalable;
• that are clearly personal;
• which cannot be returned due to their nature.;
• that are highly perishable or subject to rapid deterioration (aging) (food).
• whose price is subject to fluctuations on the financial market which VehGro cannot influence.

 

ART. 10 Warranty / Limitation

10.1 VehGro vouches for the good quality of the products it supplies (according to the supplied specifications).

10.2 Neither Vehgro nor any third party that VehGro includes in order to achieve or execute any agreement shall be liable for any damages directly or indirectly suffered by the customer  or any third party involved in the execution of the agreement, which arise from the agreement or are linked to the agreement, regardless of the cause.

10.3 Without prejudice to the foregoing, VehGro shall in no event be liable:

- on the grounds of an unsuccessful or non-timely delivery;

- for any data in brochures, catalogs, advertising materials, offers and such;

- in case of unaccountable defaults (force majeure);

- for business and / or consequential damages for whatever reason;

- caused by intent or gross negligence of employees;

- resulting from the loss of any data stored on magnetic information media;

- resulting from the use of a modem connected to the telephone network, including the loss of data, the alienation of data, the incorrect transmission of data, the corruption of data or other data remaining on open telephone lines.

10.4 If, in any event and in spite of the foregoing, VehGro is liable for any damage, VehGro accepts liability only to the extent that such liability is covered by its insurance and up to the amount paid by the insurance company.

10.5 If, in any case, the insurance company does not pay out, VehGro will never be liable for more than the invoice amount of the relevant agreement.

10.6 The customer will retain VehGro with regard to all third-party liability claims against VehGro.

10.7 The exclusions or limitations of liability stated in these conditions do not apply provided that the damage was caused by intent or gross negligence on the part of VehGro or its executive personnel.

 

ART. 11 Nonattributable failure

11.1 If, after the contract has come into effect, VehGro is unable to fulfill this contract due to circumstances which had not been reasonably foreseeable at the time of the conclusion of the contract, or which could not have been known to VehGro, this default on the part of VehGro is to be considered a nonattributable failure (force majeure) with regard to the customer.

11.2 The circumstances described in 11.1 include strike, governmental measures, delays in delivery, ban on exports, riots, war, mobilization, transport embargos, import barriers, negligence on the part of suppliers and / or manufacturers of VehGro as well as auxiliary personnel, sickness of staff, malfunctions concerning tools and means of transport, lock-outs or other interruptions of work; (extreme) price decline on the financial markets and incidents which VehGro cannot insure.

11.3 In the event of force majeure, VehGro has the right to postpone its obligations. VehGro is likewise entitled to terminate the agreement in whole or in part, or to demand that the subject of the agreement is adapted to allow execution. In no event, VehGro is liable to pay any fine or any damages. VehGro retains the right to remuneration of already performed services and incurred costs.

11.4 VehGro is not entitled to postponement, if delivery turns out to be permanently impossible or if the temporary difficulties in delivery exceed a period of more than six months. In such cases, the agreement may be resolved at the request of the first acting party without the customer being entitled to remuneration or any form of compensation.

 

ART. 12 Release

12.1 By law the customer is in default should the customer not meet his obligations towards VehGro as a whole, if he meets the obligations untimely or insufficiently or if he is filing or has filed for bankruptcy or if his bankruptcy is being or has been declared or if he applies for a moratorium or if he offers (a part of) his creditors an arrangement or an agreement, furthermore in the event of attachment of his assets or a part of his assets or if he decides to sell or liquidate his company as well as in case of death, deprivation of the right of decision or if he loses government of his company, of his personal matters or a part of them in any other way. In this case, any demand that VehGro has or receives at the expense of the customer shall be immediately and collectively enforceable without the need for a prior notice of default.

12.2 In the event of the aforementioned, VehGro has the right to suspend the further execution of the agreement or to dissolve it wholly or partly without any notice of default.

12.3 VehGro is at all times entitled to claims for compensation and to take back the delivered items.

12.4 Should the customer wish to dissolve the agreement, he will, in any event, give VehGro a written notice of default and grant VehGro a reasonable period of time to fulfill its obligations or to remedy any defects the customer has to outline meticulously in written form.

12.5 The customer has no right to dissolve the agreement in whole or in parts or to suspend his obligations if he is already in default with respect to his obligations.

12.6 In the case of partial termination of the agreement, the customer cannot claim any rescission of the services Vehgro has already delivered and VehGro has an unconditional right to remuneration of those already delivered services.

 

ART. 13 Website/ Web shop B2B VehGroshop

13.1 All images, sketches, data with regard to weights, measurements, colors etc., available on the website or in price lists and brochures, are only approximate and cannot give rise to claims for compensation and / or the termination of the contract.

13.2 All sketches, illustrations etc. VehGro created because of or during the order acc. to paragraph 13.1, remain the property of VehGro and may not be copied or reproduced in any other way, shown to third parties or used in any other way without explicit written consent.

 

ART. 14 Applicable law / responsible judge

14.1 Dutch law exclusively shall apply to all rights, obligations, offers, orders and agreements as well as to these General Terms and Conditions.

14.2 The Court of Arnhem (NL) shall deal with all disputes arising between VehGro and the customer, unless VehGro prefers to submit the dispute to the competent judge at the domicile of the customer except for those disputes which fall within the competence of the Dutch Cantonal Court.

14.3 These General Terms and Conditions in English language are a translation from the Dutch original. Despite careful examination, differences between the original and the English version may occur. In the case of any inconsistencies, translation errors or textual deviations, the original Dutch version shall always apply. No rights can be claimed on the basis of the English translation.

These General Terms and Conditions will be sent upon request. Please refer to:

VehGro 
Telephone: +31 541 74 6030
Email: support@vehgro.com