General Terms and Conditions | Restoration Center Fa. Stolk
Version May 19, 2026
GENERAL TERMS AND CONDITIONS | STOLK BALKBRUG
ARTICLE 1. | DEFINITIONS
In these General Terms and Conditions, the following terms, always beginning with a capital letter, are used with the following meanings.
1. Stolk Balkbrug: the partnership Stolk Balkbrug, the user of these general terms and conditions, established at Groot Oever 8, 7707 PV Balkbrug, registered in the Commercial Register under Chamber of Commerce number 05041480.
2. Counterparty: any natural or legal person with whom Stolk Balkbrug has concluded or intends to conclude an Agreement.
3. Parties: Stolk Balkbrug and the Counterparty jointly.
4. Consumer: a Counterparty, a natural person, not acting for purposes falling within his professional or business activities.
5. Offeror: a Counterparty who offers a car or other vehicle to Stolk Balkbrug for trade-in or sale within the framework of the Agreement.
6. Agreement: any agreement between the Parties under which Stolk Balkbrug has undertaken towards the Counterparty to supply one or more Items, trade in or purchase a car or other vehicle, perform Work, or provide services, such as valuation and brokerage.
7. Distance Contract: an Agreement concluded between Stolk Balkbrug and a Consumer within the framework of an organized system for distance selling without the simultaneous personal presence of Stolk Balkbrug and the Consumer, and in which, up to and including the moment of concluding the Agreement, exclusive use is made of one or more means of distance communication, such as in the case of the sale of Goods via the Webshop. An Agreement is thus not a Distance Contract if no organized system for distance selling is used for its conclusion, for example if the Consumer looks up Stolk Balkbrug's contact details on the internet and concludes an Agreement by e-mail or telephone.
8. Webshop: the webshop of Stolk Balkbrug.
9. Goods: the goods to be sold and delivered by Stolk Balkbrug to the Counterparty within the framework of the Agreement, which may include, but are not limited to, cars, other vehicles, parts and other accessories.
10. Activities: the activities to be performed by or on behalf of Stolk Balkbrug within the framework of the Agreement, which may include, but are not limited to, restoration, inspection, repair, and maintenance.
11. Offer: an offer from Stolk Balkbrug directed to the Counterparty with the intent of concluding an Agreement through acceptance thereof by the Counterparty, which may include, but is not limited to, a quotation from Stolk Balkbrug, a contract drawn up by Stolk Balkbrug and to be signed by the Parties, an offer from Stolk Balkbrug in the Webshop, as well as an oral proposal from Stolk Balkbrug.
12. In writing: communication in writing, communication by e-mail or any other form of communication which, in view of the state of the art and the prevailing views in society, can be equated therewith.
ARTICLE 2. | GENERAL
1. These general terms and conditions apply to every Offer, every Agreement and all legal relationships arising therefrom between the Parties. These general terms and conditions form an integral part of every Agreement and also apply to all pre-contractual situations, including negotiations, even if these do not lead to the conclusion of an Agreement.
2. By entering into an Agreement, the Counterparty declares to have received these general terms and conditions, to have taken notice thereof, and to accept the content thereof in its entirety.
3. Deviating or supplementary conditions apply only to the extent that they have been expressly accepted in writing by Stolk Balkbrug. Such deviations apply exclusively to the specific Agreement to which they relate.
4. The Agreement, including all applicable terms and conditions, constitutes the complete representation of the rights and obligations of the Parties and supersedes all prior written and/or oral agreements, promises, statements, and/or representations of the Parties.
5. If any provision of these general terms and conditions is void or is annulled, the remaining provisions shall remain in full force and effect. In that case, the parties shall enter into consultation in order to establish a replacement provision that approximates the intent and purpose of the original provision as closely as possible.
6. If these general terms and conditions are available in multiple languages, the Dutch version thereof shall always be decisive for the interpretation of the clauses contained therein.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
1. Every Offer is without obligation and not binding, unless expressly stated otherwise in writing in the Offer.
2. If no period for acceptance is stated in an Offer, the Offer shall automatically expire fourteen (14) days after the date thereof.
3. All prices stated in the Offer include VAT, unless expressly stated otherwise.
4. Stolk Balkbrug is not bound by an Offer if the Counterparty ought reasonably to have understood that the Offer contains an obvious error, clerical mistake, or mistake.
5. A composite Offer does not obligate Stolk Balkbrug to perform a part of the Offer at a corresponding part of the stated price.
6. The Counterparty cannot derive any rights from a prior Offer with respect to subsequent Agreements.
7. If the Counterparty provides incorrect or incomplete information relevant to the drafting of the Offer, Stolk Balkbrug is entitled to revoke or amend the Offer. The Counterparty cannot derive any rights from an Offer based on incorrect or incomplete information.
8. Information on the Stolk Balkbrug website, including photos, illustrations, price lists, and indications of delivery times, is for informational purposes only and does not constitute an Offer.
9. An Agreement is concluded at the moment Stolk Balkbrug has confirmed the assignment or order of the Counterparty in writing or electronically, or has actually commenced the execution thereof with the apparent consent of the Counterparty.
ARTICLE 4. | PRICES
1. Unless expressly agreed otherwise in writing, the prices applied by Stolk Balkbrug for the delivery of Goods ex works apply. However, in the case of an Agreement with a Consumer, the Offer includes all costs that are foreseeable in advance. If certain costs cannot reasonably be determined exactly at the time of the Offer, the Offer shall clearly state which additional costs may be payable and how they are calculated.
2. For Agreements with Counterparties who are not Consumers, the price does not include, unless expressly agreed otherwise:
a) costs of assembly, installation or other additional work;
b) service, transport and/or delivery costs;
c) inspection costs;
d) costs for making cars or other vehicles roadworthy; and
e) fiscal levies other than VAT and, where applicable, BPM.
3. If, after the conclusion of the Agreement but before its execution, one or more cost-increasing circumstances arise, including increases in wages, material costs, purchasing rates, insurance premiums, taxes, or other price-determining factors, Stolk Balkbrug is entitled to adjust the agreed price accordingly, provided that a Consumer is entitled to dissolve the Agreement for that reason if the price increase occurs within three months after the conclusion of the Agreement and Stolk Balkbrug expressly indicates that it does not wish to perform the Agreement under the originally agreed price conditions. The aforementioned right of the Consumer to dissolve the Agreement does not apply if the price increase is the result of increases in VAT or other government levies.
4. All prices are quoted in euros, unless expressly agreed otherwise in writing. If payment is made in another currency, exchange rate differences, bank charges and any chargeback costs shall be borne by the Counterparty.
ARTICLE 5. | RIGHT OF WITHDRAWAL FOR DISTANCE CONTRACTS
1. Subject to the remainder of this article and in particular the provisions of paragraph 2, the Consumer may revoke the Distance Contract without giving reasons up to 14 days after the Goods have been received by or on behalf of the Consumer.
2. The Consumer has no right of withdrawal in the event of:
a) the supply of Goods manufactured or to be manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;
b) the supply of Goods that spoil quickly or have a limited shelf life;
c) the delivery of Goods which, after delivery, are irrevocably mixed with other goods by their nature;
d) a Distance Contract in respect of which the right of withdrawal is excluded or does not apply on other grounds pursuant to Section 6.5.2B of the Dutch Civil Code. These grounds are not relevant to the current offer from Stolk Balkbrug, but should this nevertheless be the case in future instances, the relevant ground for exclusion shall be expressly stated in the Offer for the Goods in question.
3. The Consumer may revoke the Distance Contract by submitting a request to Stolk Balkbrug to that effect by e-mail or by using the model withdrawal form provided by Stolk Balkbrug. As soon as possible after Stolk Balkbrug has been notified of the Consumer's intention to revoke the Distance Contract and provided the conditions of this article have been met, Stolk Balkbrug will confirm the revocation of the Distance Contract to the Consumer by e-mail.
4. During the cooling-off period, the Consumer must handle the relevant Goods and their packaging with care. The Consumer may only handle and inspect the Goods to be returned to the extent permitted in a physical store.
5. If the Consumer exercises the right of withdrawal, he shall return the relevant Goods to Stolk Balkbrug undamaged, with all delivered accessories and in the original condition and packaging.
6. The Consumer is liable for any decrease in value of returned Goods resulting from handling the Goods in a manner that goes beyond what is permitted pursuant to paragraph 4. Stolk Balkbrug is entitled to charge this decrease in value to the Consumer, whether or not by offsetting it against any payment already received from the Consumer.
7. The return of Goods must take place within 14 days after the Consumer has revoked the Distance Contract in accordance with the provisions of paragraph 3.
8. The costs of returning Goods shall be borne by the Consumer. In the case of international returns, any (re)clearance costs, taxes, and other costs charged by customs authorities shall also be borne by the Consumer.
9. Stolk Balkbrug shall refund any payment already received from the Consumer, minus any depreciation in value, as soon as possible, but no later than 14 days after withdrawal of the Distance Contract, provided that the Goods have been received back by Stolk Balkbrug, or that the Consumer has demonstrated that the Goods have actually been returned.
10. If the right of withdrawal is exercised only in respect of a part of the order, any delivery costs initially paid by the Consumer shall not be eligible for refund or waiver.
ARTICLE 6. | SUSPENSION, DISSOLUTION AND CANCELLATION OTHER THAN ON THE BASIS OF ARTICLE 5
1. The provisions of the following paragraphs of this article apply without prejudice to the provisions of the previous article.
2. Without prejudice to Stolk Balkbrug's right to demand performance of the Agreement, the Counterparty is entitled to cancel an Agreement prior to delivery of Goods or commencement of the services or Work. In the event of the delivery of Goods, Stolk Balkbrug is entitled to charge a flat-rate cancellation fee of fifteen percent (15%) of the agreed purchase price, including VAT and, if applicable, BPM, but excluding the value of any traded-in items, unless Stolk Balkbrug demonstrates that the actual damage suffered is higher.
3. Specially ordered items, including electrically and/or electronically produced parts and gaskets or seals, are non-returnable due to the risk of counterfeiting, signs of assembly, or signs of use. Likewise, used parts and New Old Stock (NOS) parts cannot be returned.
4. International returns are permitted only after prior written consent from Stolk Balkbrug and upon the granting of a return authorization (RMA). The Counterparty must accompany the return shipment with clear and correct documentation, including the statement “return of goods, no commercial value”. The risk of the return shipment rests with the Counterparty until the moment the Goods are received by Stolk Balkbrug.
5. Stolk Balkbrug is entitled, in addition to its other rights, to suspend and/or dissolve the Agreement in whole or in part with immediate effect by means of a Written Declaration, without being liable for compensation for damages, if:
a) the Counterparty fails to fulfill one or more obligations under the Agreement, or fails to do so in a timely or proper manner, unless such failure does not reasonably justify suspension or dissolution;
b) the Counterparty is no longer able to satisfy its due debts;
c) the bankruptcy of the Counterparty has been applied for or declared;
d) a suspension of payments has been granted or applied for by the Counterparty;
e) a statutory debt restructuring scheme has been applied for or declared applicable with respect to the Counterparty;
f) the Counterparty ceases or transfers its business wholly or partially; or
g) an attachment is levied against the Counterparty which is not lifted within thirty (30) days after the attachment.
6. If one of the circumstances referred to in paragraph 5 occurs, the Counterparty is obliged to notify Stolk Balkbrug thereof in writing without delay.
7. Dissolution or suspension pursuant to this article shall not affect Stolk Balkbrug’s right to reimbursement of costs already incurred, Goods delivered, services rendered or Work performed, as well as to damages to the extent permitted by law.
ARTICLE 7. | PRODUCT STATUS, SUITABILITY, ADVICE AND INSTALLATION
1. Unless expressly stated otherwise in writing, the delivery of parts concerns used parts, reconditioned parts, New Old Stock (NOS) parts, or aftermarket parts.
2. Information on the Stolk Balkbrug website, including product descriptions, technical data, advice, tips, instructions, and any videos, is provided solely for general information and support, unless expressly part of the Agreement.
3. Stolk Balkbrug compiles the information referred to in paragraph 2 with care, but cannot guarantee that this information is at all times complete, accurate, up-to-date or suitable for any specific application, situation or vehicle.
4. The Counterparty is responsible for verifying part numbers, dimensions, and the suitability of the Goods for the specific vehicle for which they are intended, unless it expressly follows from the Agreement that Stolk Balkbrug has guaranteed such suitability.
5. The use of the information referred to in paragraph 2 shall be at the expense and risk of the Counterparty. The Counterparty shall at all times remain solely responsible for assessing the suitability of the information for the intended use and for the correct and expert execution of any installation, repair, or maintenance work.
6. Installation of Goods must be carried out by recognized and certified professional personnel. Stolk Balkbrug is not liable for damage resulting from incorrect or defective installation, improper use, or use contrary to the intended purpose of the Goods, carried out by the Counterparty or third parties (other than those engaged by Stolk Balkbrug).
7. Warranty and liability are excluded for damage caused by:
a) use of Items for racing, track or other non-regular applications;
b) use of incompatible fuels or fluids;
c) use in combination with an uncleaned or defective fuel or propulsion system;
d) modifications to or modifications of the Goods by or on behalf of the Counterparty.
This is without prejudice to the mandatory legal rights of a Consumer.
8. Goods may be delivered without an assembly manual or installation instructions, unless expressly agreed otherwise in writing.
9. Unless expressly stated otherwise, the Goods are not certified or approved for use on public roads outside the country of delivery. The Counterparty is solely responsible for compliance with local laws and regulations and any required permits, inspections, or certifications, such as, among others, TÜV, ABE, or E-marks. The foregoing applies provided that the Consumer must be able to use the Goods as he could reasonably expect under the Agreement.
10. Stolk Balkbrug is not liable for damage of any kind whatsoever arising from:
a) following or applying advice, tips, or instructions provided;
b) carrying out assembly, repair or maintenance work based on the information referred to in paragraph 2; or
c) incorrect, injudicious or non-conforming use of Items.
11. The provisions of this article shall not affect the liability of Stolk Balkbrug for damage resulting from intent or willful recklessness, nor the mandatory legal rights and claims of a Consumer.
12. To the extent that these provisions relate to warranty, the provisions of Article 22 shall prevail.
ARTICLE 8. | CHANGES
1. Stolk Balkbrug is entitled, if technically necessary, to make modifications to sold cars or other vehicles, as well as to their equipment or individual parts, without prior notice to the Counterparty.
2. The modifications referred to in paragraph 1 shall not impair the agreed characteristics, functionality, safety or value of the Goods, as could reasonably be expected under the Agreement.
3. The Counterparty cannot derive any right to a price reduction, dissolution, or compensation from such technically necessary changes, unless this conflicts with the Agreement or, in the case of a Consumer, with mandatory statutory provisions.
ARTICLE 9. | TIME LIMITS
1. Stated delivery and execution periods are indicative and shall never be considered binding deadlines, unless expressly agreed otherwise in writing.
2. Stolk Balkbrug is not liable for damages resulting from exceeding deadlines, unless caused by intent or willful recklessness on the part of Stolk Balkbrug, or, in the case of a Consumer, to the extent that mandatory statutory provisions prohibit this.
ARTICLE 10. | DELIVERY OF GOODS AND TRANSFER OF RISK
1. Delivery of Goods shall take place, after prior written notice, at the option of Stolk Balkbrug:
a) by making the Items available at the address of Stolk Balkbrug; or
b) by delivery of the Goods at the address specified by the Counterparty.
2. If delivery takes place by making the Goods available at the address of Stolk Balkbrug, the Counterparty is obliged to collect the Goods no later than five (5) days after they have been made available.
3. If delivery takes place by delivery to the address of the Counterparty, the Counterparty is obliged to take receipt of the Goods immediately upon delivery.
4. If the Counterparty fails to collect the Goods in a timely manner as referred to in paragraph 2, or fails to take delivery of the Goods as referred to in paragraph 3, Stolk Balkbrug is entitled to store the Goods at the expense of the Counterparty and to charge storage or warehousing costs at the rate applicable within the premises of Stolk Balkbrug or at the location.
5. The risk of loss, damage or destruction of the Goods passes to the Counterparty at the moment of delivery. In the case of an Agreement with a Consumer, the risk does not pass until the moment the Goods have been actually received by or on behalf of the Consumer.
6. Notwithstanding paragraph 5, in Agreements with Counterparties who are not Consumers, the risk passes at the moment the Goods leave the workshop or sales premises of Stolk Balkbrug, regardless of whether the transport is carried out by or on behalf of Stolk Balkbrug.
ARTICLE 11. | TRANSPORT, TAXES, EXPORT, SANCTIONS AND CUSTOMS
1. In the case of international Agreements, Stolk Balkbrug delivers DAP (Incoterms® 2020), unless expressly agreed otherwise in writing. In that case, import duties, taxes, and customs clearance costs shall be borne by the Counterparty, and the risk shall pass at the moment the Goods are made available to the Counterparty at the agreed address, ready for unloading. Upon written request, delivery may take place under other Incoterms® (such as EXW, FCA, CIP, or DDP); any additional costs shall be borne by the Counterparty. In the case of delivery under EXW, the risk passes upon making the Goods available at the address of Stolk Balkbrug.
2. The Counterparty is responsible for all customs formalities, import duties, levies, and clearance costs in the country of destination. Stolk Balkbrug is not liable for delays or detentions by customs authorities. In the case of return shipments from abroad, (re)clearance costs, levies, and transport costs remain for the account of the Counterparty, unless there is an attributable error acknowledged by Stolk Balkbrug.
3. Deliveries to Counterparties established in the European Union with a valid VAT identification number outside the Netherlands may be invoiced subject to reverse charge in accordance with applicable laws and regulations. Deliveries to Consumers within the European Union are taxed in accordance with the applicable rules, including, where applicable, OSS or IOSS. Deliveries outside the European Union are in principle invoiced with Dutch VAT; local import duties and taxes shall be borne by the Counterparty.
4. Delays resulting from customs checks, sanctions, border or port closures, lack of capacity among carriers, epidemics or pandemics, and global logistical disruptions qualify as force majeure.
5. Stolk Balkbrug does not supply to countries, persons, or entities subject to applicable sanctions or export restrictions. If, after the conclusion of the Agreement, it becomes apparent that the supply is in violation of export or sanctions regulations, Stolk Balkbrug is entitled to dissolve the Agreement without liability for damages. The Counterparty guarantees not to engage in re-export in violation of applicable export or sanctions regimes.
6. The Counterparty must report transport damage or incorrect delivery in writing no later than forty-eight (48) hours after delivery, accompanied by clear photographs of the packaging, the shipping label and the Goods concerned. If no note of damage has been made on the transport document, a transport damage claim may be rejected to the extent permitted by law. For Consumers, a non-conforming delivery must be reported within a reasonable time after discovery. A notification within two (2) months after discovery shall in any event be considered timely within the meaning of Article 7:23 of the Dutch Civil Code.
7. Certain items, including airbags, batteries, and flammable liquids, may be subject to ADR, IATA, or similar transport regulations and may not be shipped to all countries. Stolk Balkbrug is entitled to refuse such orders or to offer alternative transport options and associated surcharges.
8. For the execution of the Agreement, Stolk Balkbrug is entitled to share personal data with carriers, logistics partners, and customs authorities, including parties outside the European Economic Area. This is done in accordance with Stolk Balkbrug's privacy statement and applicable data protection legislation.
ARTICLE 12. | REPAIRS AND RESTORATIONS
1. Costs for conducting a (preliminary) investigation necessary for drawing up an Offer may be charged to the Counterparty. Stolk Balkbrug will inform the Counterparty of this in advance. If no Agreement is concluded on the basis of the Offer, these costs shall be due separately and immediately payable.
2. If, during the execution of the Work, it becomes apparent that it cannot be performed, or cannot be performed in full, due to the condition of the vehicle, other carriage or object, parts thereof, or items made available by the Counterparty, Stolk Balkbrug shall inform the Counterparty thereof as soon as possible. In that case, the Parties shall enter into consultation regarding the adjustment of the Agreement. If necessary, the Agreement shall be adjusted on the basis of reasonableness and fairness.
3. The Counterparty warrants the accuracy, completeness, and lawfulness of all data and information provided by it regarding the vehicle, other vehicle, or object, including ownership and the right of disposal.
4. Stolk Balkbrug is entitled to exercise a right of retention on the vehicle, other carriage, or object as long as the Counterparty has not fully satisfied its payment obligations, including obligations arising from previous Work performed by Stolk Balkbrug on the same object. This right of retention may also be exercised if a dispute has been brought before the court.
5. If the Counterparty does not collect the vehicle, other carriage or object within one (1) week after notification of completion of the Works, Stolk Balkbrug is entitled to charge storage costs at the rate applicable within its company. Storage and parking shall be at the expense and risk of the Counterparty, except insofar as damage is the result of intent or willful recklessness on the part of Stolk Balkbrug.
6. Replaced materials or parts shall be made available to the Counterparty exclusively if the Counterparty has expressly requested this in writing prior to the execution of the Work. Failing this, these materials shall become the property of Stolk Balkbrug, without the Counterparty being entitled to any compensation.
7. Repair work is covered by a warranty of three (3) months after completion, unless expressly agreed otherwise in writing. This warranty applies without prejudice to the limitations arising from the law and directly applicable European regulations. Any warranty claim will lapse if work related to the Work to which the warranty claim relates has been performed by unauthorized third parties without the prior consent of Stolk Balkbrug.
8. All drawings, calculations, and other documents provided by Stolk Balkbrug in the context of an Offer or Agreement, with the exception of documents supplied by the Counterparty, shall remain the property of Stolk Balkbrug. These documents may not be copied, reproduced, or made available to third parties in whole or in part without prior written permission and shall be returned upon first request.
ARTICLE 13. | DAMAGE ASSESSMENT
1. If Stolk Balkbrug performs a damage assessment at the request of the Counterparty, the Counterparty is obliged to reimburse the actual costs incurred by Stolk Balkbrug for this purpose, with a minimum of € 100.00 excluding VAT, unless expressly agreed otherwise in writing. If the Counterparty is a Consumer, these costs shall only be charged if and to the extent that they have been expressly and clearly stated in the Offer prior to the performance of the damage assessment.
2. The costs referred to in paragraph 1 shall not be charged if the Counterparty provides Stolk Balkbrug with an Agreement for the repair or restoration of the vehicle in question, or if an Agreement is concluded with Stolk Balkbrug for the delivery of another car or other vehicle.
ARTICLE 14. | VALUATION AND MEDIATION
Applicability and concepts
1. This article applies to Agreements under which Stolk Balkbrug provides services in the field of valuation and/or mediation regarding movable property.
2. Objects is understood to mean: all movable property to which the services of Stolk Balkbrug in the context of valuation or mediation relate.
3. Value is understood to mean: the value assigned to an Object by Stolk Balkbrug, as recorded in an appraisal, report, or Written Recording.
Duration of the Agreement
4. An Agreement for valuation is entered into for a fixed period and terminates automatically upon completion of the valuation and the issuance of the report.
5. An Agreement for mediation is entered into for an indefinite period, unless expressly agreed otherwise in writing.
Fees and costs
6. In addition to the agreed fee, Stolk Balkbrug is entitled to pass on to the Counterparty costs related to the performance of the Agreement that do not form part of the fee, including travel and accommodation expenses. These costs shall be increased by VAT, if applicable. If the Counterparty is a Consumer, such costs shall only be charged if and to the extent that they have been expressly and clearly stated in the Offer prior to the conclusion of the Agreement.
7. The Counterparty is obliged to provide all information that is of essential importance for the proper performance of the services. If the Counterparty provides incorrect or incomplete information, Stolk Balkbrug is entitled to adjust the fee.
8. Stolk Balkbrug is entitled, after consultation with the Counterparty, to engage third parties or assistants and to pass on the costs involved.
Nature of the services and liability
9. The services of Stolk Balkbrug are performed to the best of its knowledge and ability and constitute an obligation of effort. No obligation of result is accepted.
10. Stolk Balkbrug is not liable for damage arising from or related to the performance of the Agreement, except insofar as the damage is the result of intent or willful recklessness.
11. To the extent that the liability of Stolk Balkbrug cannot be excluded pursuant to mandatory law, such liability is limited to a maximum of the amount of the fee received for the services in question.
12. Stolk Balkbrug is never liable for indirect damage, consequential damage, pecuniary damage, or business damage.
Scope of valuations
13. A valuation is performed exclusively for the benefit of the Counterparty. Only the Counterparty may derive rights from the valuation.
14. Third parties cannot derive any rights from a valuation, regardless of the purpose for which the valuation is used or provided to third parties.
Mediation
15. An Agreement for Mediation comprises services aimed at concluding Agreements regarding Subject Matter, as well as all related advisory and support services.
16. A mediation assignment may include, inter alia:
a) advising on sales or purchase opportunities;
b) assessing the condition, quality and value of objects;
c) conducting negotiations on behalf of the Counterparty;
d) guidance and advice during and after the conclusion of an agreement.
17. During the term of a mediation assignment, the Counterparty shall:
a) not hinder Stolk Balkbrug in the performance of its services;
b) not make use of third-party services with regard to the mediation;
c) not conclude Agreements regarding Objects outside of Stolk Balkbrug.
18. If the Counterparty acts in breach of the preceding paragraph, it shall owe Stolk Balkbrug the full fee and incurred costs, regardless of whether an agreement is actually concluded.
Termination of mediation and fee
19. A mediation assignment ends, inter alia, by:
a) conclusion of the intended agreement;
b) withdrawal by the Counterparty;
c) termination by mutual consent;
d) return of the Objects to be brokered;
e) expiration of an agreed term.
20. The Counterparty shall owe fees and costs if:
a) the mediation assignment is withdrawn by her;
b) an agreement regarding Objects is concluded, whether or not deviating from the assignment;
c) an agreement is nevertheless concluded after the end of the assignment as a result of services provided by Stolk Balkbrug during the term of the assignment.
21. Unless proven otherwise, an agreement shall be presumed to be the result of services provided by Stolk Balkbrug if it is concluded within six (6) months after the end of the mediation assignment.
22. If an agreement that has been concluded does not proceed due to breach of contract by one of the parties or for other reasons, Stolk Balkbrug's right to fees and reimbursement of costs shall remain in full force and effect.
ARTICLE 15. | PAYMENTS
1. Stolk Balkbrug is entitled to request additional identification or verification data and to terminate the Agreement if there is (a suspicion of) fraud or abuse. Costs arising from chargebacks or bank transactions attributable to the Counterparty shall be borne by the Counterparty.
2. Unless other agreements have already been expressly made in writing regarding this matter, Stolk Balkbrug is entitled to demand full or partial prepayment from the Counterparty, provided that in the case of a consumer purchase, the Consumer cannot be required to prepay more than fifty percent (50%) of the purchase price. However, if the Consumer has voluntarily chosen to prepay more than fifty percent (50%), he is bound by that choice.
3. Stolk Balkbrug is not obliged to proceed with the execution of the Agreement until the advance payment has been received in full.
4. Unless expressly agreed otherwise in writing, the (remaining) payment must be made no later than the moment of delivery of the order or completion of the assignment. If the Counterparty fails to collect or take receipt of the Goods in a timely manner, Stolk Balkbrug is entitled to invoice the amount due.
5. Payment shall be made without set-off or suspension, except insofar as the law mandatorily prevents this for the benefit of the Consumer.
6. Payments must be made in the manner designated by Stolk Balkbrug, at the time indicated by it for that purpose or within the payment term stated by it.
7. In the event of late payment, Stolk Balkbrug is entitled to suspend its obligations under the Agreement until full payment has been made, without prejudice to its other rights.
8. If the Counterparty fails to fulfill a payment obligation, or fails to do so in a timely or full manner, it will be in default from the due date. For Counterparties who are not Consumers, default will occur automatically and statutory commercial interest will be due on the outstanding amount from that moment on. For Consumers, default will only occur after Stolk Balkbrug has sent the Consumer a written reminder to pay within a period of fourteen (14) days after the payment arrears have occurred, calculated from the day after receipt of this reminder. After the expiry of this period, the Consumer will owe statutory interest on the outstanding amount, in accordance with the law.
9. In the event of default, the Counterparty shall also be obliged to reimburse the extrajudicial collection costs. For Consumers, these costs are calculated in accordance with the Debt Collection Costs Act. For Counterparties who are not Consumers, all reasonably incurred extrajudicial and judicial collection costs shall be borne by the Counterparty.
ARTICLE 16. | COMPLAINTS AND STATUTE OF LIMITATIONS
1. Complaints must be made known in writing by the Counterparty to Stolk Balkbrug within eight (8) days after the Counterparty has discovered or should reasonably have discovered the defect or incorrectness. In the event of defects that are reasonably visible at the time of delivery of Goods, the Counterparty must report these immediately upon delivery.
2. Notwithstanding the preceding paragraph, a Consumer may no longer invoke the fact that what has been delivered in the context of a consumer purchase does not conform to the Agreement if no complaint regarding the defect has been lodged with Stolk Balkbrug by the Consumer within two months after discovery of the defect.
3. If the Counterparty fails to lodge a complaint in a timely manner, no obligation or liability whatsoever shall arise for Stolk Balkbrug from such a complaint by the Counterparty.
4. Complaints will not be processed if it appears that the Counterparty or unauthorized third parties have made alterations or carried out repairs without the prior consent of Stolk Balkbrug that are directly or indirectly related to the complaint, unless:
a) Stolk Balkbrug has granted prior written permission for this; or
b) there was a demonstrable emergency in which prior consultation was not reasonably possible and the Counterparty notified Stolk Balkbrug thereof without delay.
5. If and to the extent that a complaint is found to be well-founded by Stolk Balkbrug, Stolk Balkbrug is solely obliged to remedy the defect in question or, at its option, to provide a substitute performance. In that case, the Counterparty shall not be entitled to any additional compensation, except insofar as mandatory statutory provisions prohibit this.
6. Filing a complaint does not relieve the Counterparty of its payment obligations towards Stolk Balkbrug, unless the law mandatorily prevents this for the benefit of the Consumer.
7. All legal claims of the Counterparty against Stolk Balkbrug shall be time-barred after one (1) year from the date they arise. Notwithstanding the preceding sentence, legal claims available to Consumers based on facts that would justify the assertion that a consumer purchase does not conform to the Agreement shall be time-barred after the lapse of (2) two years from the time at which the Consumer complained in accordance with paragraph 2.
ARTICLE 17. | EXCHANGE PARTS (CORE-CHARGE)
1. For items supplied as exchange parts, Stolk Balkbrug may charge an additional fee (core charge). This fee is expressly agreed upon.
2. The core charge will be credited if Stolk Balkbrug receives a complete, undamaged and remanufacturable old core from the Counterparty within thirty (30) days after delivery.
3. If the returned core is incomplete, damaged, or not fit for refurbishment, Stolk Balkbrug is entitled not to credit the core charge in whole or in part.
4. The assessment of whether a returned core is fit for revision is carried out by Stolk Balkbrug and is binding, unless the Counterparty demonstrates that this assessment is incorrect.
5. The costs and risks of returning the old core shall be borne by the Counterparty, unless expressly agreed otherwise in writing.
ARTICLE 18. | PURCHASE AND TRADE-IN
1. The provisions of this article apply exclusively if Stolk Balkbrug purchases a car or other vehicle from a Supplier within the framework of an Agreement (trade-in). This article applies exclusively if the purchase takes place subject to the VAT margin scheme, including situations in which the Supplier:
a) is a private individual who was not entitled to deduct input tax;
b) is a non-entrepreneur, including (government) institutions;
c) is an entrepreneur who has used the vehicle exclusively for exempt services;
d) is an entrepreneur who applies the small business scheme; or
e) is another reseller that applies the margin scheme.
2. The Seller guarantees the accuracy, completeness, and truthfulness of all information provided by him regarding the car to be purchased, including damage history, mileage, maintenance history, and technical condition.
3. An appraisal carried out by or on behalf of Stolk Balkbrug is valid for no later than fourteen (14) days after the date of appraisal, unless expressly agreed otherwise in writing.
4. At the time of the actual transfer, the car to be purchased must be in the same condition as at the time of the valuation.
5. If the actual transfer takes place after the expiry of the period referred to in paragraph 3, or if the condition of the car to be purchased has changed compared to the time of valuation, Stolk Balkbrug is entitled to carry out a new valuation. The Seller cannot derive any rights from an earlier, higher valuation.
6. Unless expressly agreed otherwise in writing, the car to be purchased shall be delivered simultaneously with the delivery of the Goods sold by Stolk Balkbrug to the Counterparty.
7. If the Seller continues to use the car to be purchased pending delivery of the Goods sold by Stolk Balkbrug, the car to be purchased shall remain the property and risk of the Seller until the moment of actual delivery. Ownership and risk shall only pass to Stolk Balkbrug at the moment of actual delivery of the car to be purchased.
8. The vehicle to be purchased must be transferred upon actual delivery with all legally required documents, including a valid registration certificate and associated registration and transfer details. If these documents are wholly or partially missing, Stolk Balkbrug is entitled to pass on the associated costs and any depreciation to the Seller.
9. To the extent required by law, the Provider is obliged to complete and sign a purchase declaration or equivalent document for the purposes of the applicable VAT scheme.
10. The Agreement regarding purchase or trade-in is entered into subject to the suspensive condition of written approval by the management of Stolk Balkbrug. Until such approval, the Offeror cannot derive any rights from the purchase or trade-in.
ARTICLE 19. | FORCE MAJEURE (NON-ATTRIBUTABLE FAILURE TO PERFORM)
1. The execution of Agreements by Stolk Balkbrug involves specialized and scarce craftsmanship and may be dependent on the availability of specific and hard-to-obtain parts. Without prejudice to the provisions of Article 9, a failure by Stolk Balkbrug cannot be attributed to it if it is the result of force majeure. Stolk Balkbrug shall inform the Counterparty with reasonable regularity regarding the progress of the execution of the Agreement.
2. Force majeure is defined as: any circumstance that temporarily or permanently prevents the performance of the Agreement and that cannot be attributed to Stolk Balkbrug, because it is not due to its fault and is not for its account pursuant to law, legal act, or generally accepted practices. Force majeure also includes the case where Stolk Balkbrug is unable to fulfill its obligations due to a failure or negligence on the part of third parties.
3. Force majeure shall in any event, but not exclusively, be understood to mean:
a) business interruptions or disruptions of any kind;
b) the temporary or permanent unavailability of sufficient manpower;
c) delayed, defective or non-delivery by suppliers or third parties;
d) failures in or interruptions of utility services;
e) transport impediments or delays, regardless of the cause;
f) war, threat of war, riot, sabotage, fire, flood, pandemics, epidemics, strikes, lockouts, occupation of premises and amended or new government measures.
4. In the event of force majeure, Stolk Balkbrug is entitled, at its option, to suspend the performance of the Agreement or to extend the period of delivery or performance for the duration of the force majeure situation, without being liable for compensation of any damages.
5. If the force majeure situation continues for longer than one (1) month, the Parties shall be entitled to dissolve the Agreement in whole or in part, without either party being liable to pay compensation for damages.
6. Following dissolution pursuant to this article, Stolk Balkbrug is entitled to reimbursement of the costs already incurred by it and the services rendered up to the moment of dissolution, insofar as these have independent value for the Counterparty.
ARTICLE 20. | RETENTION OF TITLE
1. All Goods delivered by Stolk Balkbrug to the Counterparty shall remain the property of Stolk Balkbrug until the Counterparty has fully settled all claims of Stolk Balkbrug arising from the Agreement, as well as from other Agreements concluded between the Parties. This includes claims for interest, costs, penalties, and compensation for damages.
2. The retention of title also applies if the Goods are resold, processed, or stored outside the Netherlands. If, pursuant to applicable foreign law, additional formalities are required to make the retention of title valid or to enforce it, the Counterparty shall cooperate therein at Stolk Balkbrug's first request. The costs involved shall be borne by the Counterparty.
3. As long as ownership of the Goods has not passed to the Counterparty, the Counterparty is not authorized to dispose of, encumber, pledge, or assign the Goods to third parties for use, other than in the normal course of its business, unless Stolk Balkbrug has granted prior written consent thereto.
4. If and to the extent that a third party has become the owner in good faith of Goods subject to the retention of title and the Counterparty acquires a claim against that third party on that account, the Counterparty hereby pledges that claim in advance to Stolk Balkbrug as security for all amounts owed by the Counterparty to Stolk Balkbrug. The Counterparty shall, upon first request, provide all cooperation necessary for the establishment and exercise of this right of pledge.
5. If the Counterparty fails to fulfill its obligations or if Stolk Balkbrug has well-founded reasons to fear that the Counterparty will not fulfill its obligations, Stolk Balkbrug is entitled to repossess the Goods delivered under retention of title. The Counterparty shall provide all cooperation to that end. The repossession of the Goods shall not affect Stolk Balkbrug's right to full compensation for damages.
ARTICLE 21. | COPYRIGHT, PORTRAIT RIGHTS AND USE OF VISUAL MATERIAL
1. The copyright to all photographs and videos of cars, motor vehicles, carriages, parts, and other related items (hereinafter: Visual Material) produced by or on behalf of Stolk Balkbrug rests exclusively with Stolk Balkbrug, regardless of whether such items are the property of the Counterparty.
2. The Visual Material may not be published, reproduced, or otherwise used by third parties without prior written permission from Stolk Balkbrug and without proper attribution to Stolk Balkbrug as the creator.
3. The Counterparty is not permitted to forward the Visual Material to or make it available to commercial third parties, such as suppliers or trading partners, for commercial purposes. If such a third party wishes to use the Visual Material, prior written permission must be obtained from Stolk Balkbrug.
4. In the event of use of the Visual Material in violation of this article, the Counterparty shall owe Stolk Balkbrug an immediately due and payable compensation of at least three times (3×) the customary industry license fee, without prejudice to Stolk Balkbrug's right to claim full compensation for the actual damage suffered.
5. To the extent that the Visual Material relates to objects, the right of portraiture within the meaning of the Copyright Act does not apply.
6. By accepting these general terms and conditions, the Counterparty grants permission to Stolk Balkbrug to use the Visual Material for business and promotional purposes, including use on the website, in the Webshop, on social media, and in marketing communications, unless the Counterparty has objected in writing to such use prior to the creation of the Visual Material.
7. To the extent that license plates or other data on the Visual Material may qualify as personal data, Stolk Balkbrug shall, to the extent reasonably possible, render them illegible or otherwise omit them, all in accordance with applicable privacy legislation.
ARTICLE 22. | WARRANTY AND LIABILITY
General warranty
1. For cars, other vehicles, and parts supplied by Stolk Balkbrug, only the warranty applies as expressly stated in the Offer, the Agreement, the invoice, or in separate warranty conditions provided by Stolk Balkbrug.
2. If the Counterparty fails to comply with any obligation under the warranty conditions or the warranty certificate, the claim to warranty shall lapse.
3. The warranty shall in any case become void if:
a) the Items have been used or handled improperly;
b) technical modifications have been made to Items or equipment during the warranty period without the prior written consent of Stolk Balkbrug;
c) work has been performed by unauthorized third parties, insofar as the defect relates thereto.
Warranty exclusions
4. No warranty is provided on emergency repairs.
5. The warranty claim lapses if:
a) the Counterparty fails to notify Stolk Balkbrug thereof in writing within the period referred to in Article 16;
b) Stolk Balkbrug is not given the opportunity to investigate the defect itself and, if possible, to remedy it;
c) third parties have performed work related to the defect without the permission of Stolk Balkbrug, unless immediate repair elsewhere was necessary and this can be sufficiently demonstrated. In that case, compensation will be based on the price level applicable at Stolk Balkbrug and will never exceed the actual costs incurred.
6. The warranty is excluded for defects resulting from:
a) intent, improper use or failure to perform normal or prescribed maintenance;
b) incorrect installation or connection by third parties;
c) repairs, alterations or modifications not carried out by or on behalf of Stolk Balkbrug;
d) participation in competitions, speed trials or other irregular use;
e) use of fuels or fluids for which the engine or system is not suitable;
f) defects in fuel or propulsion systems if these have not been cleaned or renewed.
7. Also excluded from warranty are:
a) defects of materials prescribed or made available by the Counterparty;
b) defects arising from designs, drawings, constructions, methods or advice of the Counterparty;
c) defects in electronic components and consequential damage to motors due to failure or improper use thereof;
d) defects that are not material or structural faults, including normal wear and tear, soiling, rust, paint damage, transport, freezing, heat or overload damage;
e) defects in fittings that have not been inspected by Stolk Balkbrug.
8. No warranty is provided on used parts, salvage parts, and New Old Stock (NOS) parts, unless expressly agreed otherwise in writing.
9. If a seal on a part is broken or removed, any claim to warranty with respect to that part shall lapse.
Scope of warranty
10. Warranties are provided exclusively to the Counterparty and do not apply to subsequent assignees.
11. If a part is replaced within the warranty period of a car or vehicle, the original warranty period of the vehicle shall continue to apply in full to the replacement part.
12. If no warranty is stated in the Offer, the Agreement, the invoice, or in separate warranty conditions provided by Stolk Balkbrug regarding the delivery of a car or other vehicle, it shall be delivered in its current state (as is). For Counterparties who are not Consumers, it applies in that case that Stolk Balkbrug makes no warranty or promise whatsoever regarding the condition, characteristics, suitability, and conformity of the delivered item, and that the statutory conformity regulations as referred to in Article 7:17 of the Dutch Civil Code are expressly excluded. After delivery, Stolk Balkbrug shall not be liable towards a Counterparty who is not a Consumer for defects, shortcomings, or damage to or caused by the delivered item, regardless of whether these defects were already present at the time of delivery or only come to light subsequently, except insofar as there is intent or willful recklessness on the part of Stolk Balkbrug.
Liability
13. Except to the extent otherwise prescribed by mandatory statutory provisions, Stolk Balkbrug is not liable for damage arising from or related to Goods supplied, Work performed, or services rendered, including direct damage, indirect damage, consequential damage, business damage, or financial loss, unless caused by intent or willful recklessness on the part of Stolk Balkbrug.
14. If and to the extent that Stolk Balkbrug bears any liability, this shall at all times be limited to the amount paid out in the relevant case by Stolk Balkbrug's business liability insurance, plus the applicable deductible.
15. Stolk Balkbrug is not liable for loss, theft, or damage to property of the Counterparty or third parties located in, on, or attached to a vehicle.
16. The Counterparty shall indemnify Stolk Balkbrug against claims from third parties in connection with product liability, insofar as these arise from goods supplied by the Counterparty to third parties which partly consist of goods supplied by Stolk Balkbrug, except to the extent that mandatory legal provisions oppose this.
Consumers
17. For Consumers, statutory conformity as referred to in Article 7:17 of the Dutch Civil Code applies in full.
ARTICLE 23. | INSURANCE DURING SALE, REPAIR OR RESTORATION
1. During the period in which items are made available by the Counterparty to Stolk Balkbrug for sale, repair, or restoration, the Counterparty shall itself ensure adequate insurance of such items against damage, loss, and theft, unless expressly agreed otherwise in writing.
2. If and to the extent that the goods are not insured or are insufficiently insured during the period referred to in paragraph 1, the consequences thereof, including damage or loss, shall be for the account and risk of the Counterparty, except insofar as there is intent or willful recklessness on the part of Stolk Balkbrug.
ARTICLE 24. | APPLICABLE LAW AND DISPUTES
1. Every Offer, every Agreement and the legal relationships arising therefrom shall be governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is excluded.
2. Only the competent court within the district of the District Court of Overijssel shall be designated in the first instance to hear any judicial disputes between the Parties, without prejudice to the right of Stolk Balkbrug to designate another court competent under the law. However, a Consumer is entitled to choose the court competent under the law within one month after Stolk Balkbrug has given written notice of its intention to litigate before the court designated by it.
3. The foregoing shall not affect the Parties' right to decide by mutual agreement to settle a dispute by means of alternative dispute resolution, such as mediation or arbitration.
4. Disputes regarding the manufacturer's warranty fall under the dispute resolution procedure included in the applicable warranty conditions.
ARTICLE 25. | AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
1. Stolk Balkbrug is entitled to amend or supplement these general terms and conditions.
2. Amended general terms and conditions apply to a new Offer and new Agreements from the moment of their entry into force.
3. If an amendment relates to an existing Agreement, Stolk Balkbrug will notify the Counterparty in writing and send the amended general terms and conditions to the Counterparty. To the extent that the Counterparty is not a Consumer, it shall be deemed to have agreed to the amendment if it has not objected in writing within fourteen (14) days after the terms and conditions were sent.
4. If any amendment to these general terms and conditions is not accepted by the Counterparty, the general terms and conditions as they applied prior to the amendment shall continue to apply to the existing Agreement.
Account
categories
Car filter
To search
Top