Shipping policy

Definitions

  1. Volpracht: Volpracht, established in Zierikzee under Chamber of Commerce no. 89216563.

  2. Customer: the party with whom Volpracht has entered into an agreement.

  3. Parties: Volpracht and customer together.

  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of terms of delivery

  1. These terms of delivery apply to all work, orders, agreements and deliveries of services or products by or on behalf of Volpracht.

  2. Parties can only deviate from these terms of delivery if they have expressly and in writing agreed to do so.

  3. Parties expressly exclude the applicability of additional and/or deviating general and/or terms of delivery of the customer or third parties.

Consequences of late payment

  1. If the customer does not pay within the agreed period, then Volpracht is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month counts as a full month.

  2. When the customer is in default, he is also liable to pay extrajudicial collection costs and any damages to Volpracht.

  3. Collection costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs.

  4. When the customer does not pay on time, Volpracht may suspend its obligations until the customer has fulfilled his payment obligation.

  5. In case of liquidation, bankruptcy, seizure or suspension of payment on the customer's side, the claims of Volpracht against the customer become immediately payable.

  6. If the customer refuses to cooperate in the execution of the agreement by Volpracht, he is still obliged to pay the full agreed price to Volpracht.

Right of reclaim 

  1. As soon as the customer is in default, Volpracht is entitled to invoke the right of reclaim with regard to the unpaid products delivered to the customer.

  2. Volpracht invokes the right of reclaim by means of a written or electronic notification.

  3. As soon as the customer has been informed of the invoked right of reclaim, the customer must immediately return the products to which this right relates to Volpracht, unless the parties make other arrangements.

  4. The costs for collecting or returning the products are at the customer's expense.

Right of withdrawal 

 

You have the right to cancel products (that you buy from our stock) within 14 days after receipt. After registering your return, you have 14 days to return the product. Share the track & trace code with us as soon as you have sent the return. This way we can track your shipment and process the return quickly and carefully. Keep the shipping receipt until you have received confirmation of receipt or refund from us. We will then refund the order amount of your return provided the product has been received back in good order. The costs for sending the return are at your own expense. Check your carrier's website for exact rates.

Return the product with all supplied accessories and in its original condition to us. Should the product be damaged or the packaging more damaged than necessary to sell the product, we may charge you for this depreciation of the product. Therefore, handle the product with care and ensure it is properly packaged when returning.

To exercise this right, you can contact us at info@volpracht.com.

What cannot be exchanged/returned:

    • Products (such as wallpaper and wall circles) that are specially produced per order. Because these items are made at the customer's request, they cannot be exchanged or returned. This is stated on the product page for the relevant products.

    • Products that are created by Volpracht according to customer specifications (names, colours, dates, dimensions, etc.).

    • Products that are clearly of a personal nature.

Return costs reimbursement

If the consumer exercises his right of withdrawal and returns the complete order on time, the costs for returning the complete order are at the consumer's expense.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention

  1. Volpracht can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices regarding Volpracht, unless the customer has provided sufficient security for those costs.

  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Volpracht.

  3. Volpracht is never liable for any damage the customer may suffer as a result of exercising its right of retention.

Set-off

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

Retention of title 

  1. Volpracht remains the owner of all delivered products until the customer has fully satisfied all his payment obligations regarding Volpracht, including claims for shortcomings in the performance of the agreement.

  2. Until that time, Volpracht can invoke its retention of title at any time and take back the goods.

  3. Before ownership has transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

  4. If Volpracht invokes its retention of title, the agreement is deemed dissolved and Volpracht has the right to claim damages, lost profits and interest.

Delivery

  1. Delivery takes place whilst stocks last.

  2. Delivery takes place at Volpracht, unless the parties have agreed otherwise.

  3. Delivery of products ordered online takes place at the address indicated by the customer.

  4. If the agreed amounts are not paid or not paid on time, Volpracht has the right to suspend its obligations until the agreed part has been paid.

  5. In case of late payment, there is creditor default, with the result that the customer cannot hold a late delivery against Volpracht.

Delivery time 

  1. The delivery times stated by Volpracht are indicative and do not give the customer the right to dissolution or compensation if exceeded, unless the parties have expressly and in writing agreed otherwise.

  2. The delivery time starts when the customer has completely completed the (electronic) ordering process and has received an (electronic confirmation) from Volpracht.

  3. Exceeding the stated delivery time does not give the customer the right to compensation nor the right to dissolve the agreement, unless Volpracht cannot deliver within 14 days after being formally requested in writing to do so, or the parties have agreed otherwise.

Actual delivery

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

Delivery of custom orders

1. The customer is obliged to accept the goods produced by Volpracht on his order.
2. When goods have not been collected by the customer after the delivery period has expired, they remain at the disposal of Volpracht. Uncollected goods are stored at the customer's expense and risk. Volpracht may always make use of the authority of article 6:90 of the Dutch Civil Code.

Delivery and transfer of risk

The risk of loss, damage or depreciation of a purchased item transfers to the customer at the moment the item is brought into the customer's possession.

Transport costs 

Transport costs are at the customer's expense, unless the parties have agreed otherwise.

Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must have the carrier or delivery person make a note of this before accepting the product, failing which Volpracht cannot be held liable for any damage.

  2. If the customer arranges transport of a product himself, he must report any visible damage to products or packaging to Volpracht prior to transport, failing which Volpracht cannot be held liable for any damage.

Storage 

  1. If the customer collects ordered products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.

  2. Any additional costs as a result of early or late collection of products are entirely at the customer's expense.

Warranty

  1. The warranty regarding products applies exclusively to defects caused by faulty manufacturing, construction or materials.
  2. The warranty does not apply in case of normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly established.
  3. The risk of loss, damage or theft of products that are the subject of an agreement between parties transfers to the customer at the moment they are legally and/or actually delivered, at least come into the customer's possession or that of a third party who receives the product on behalf of the customer.
 

Indemnification

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

Complaints

  1. The customer must examine a product delivered by Volpracht or service provided as soon as possible for any shortcomings.

  2. If a delivered product or service provided does not meet what the customer could reasonably expect from the agreement, the customer must inform Volpracht as soon as possible, but in any case within 1 month after discovering the shortcomings.

  3. Consumers must inform Volpracht no later than 2 months after discovering the shortcomings.

  4. The customer provides the most detailed description possible of the shortcoming, so that Volpracht is able to respond adequately.

  5. The customer must demonstrate that the complaint relates to an agreement between the parties.

  6. If a complaint relates to ongoing work, this cannot in any case lead to Volpracht being required to perform work other than what was agreed.

Notice of default

  1. The customer must give notice of default in writing to Volpracht.

  2. It is the customer's responsibility that a notice of default actually reaches Volpracht (on time).

Joint and several liability of customer

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

Liability of Volpracht

  1. Volpracht is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or gross negligence.

  2. If Volpracht is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.

  3. Volpracht is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.

  4. If Volpracht is liable, this liability is limited to the amount paid out by a professional liability insurance policy and in the absence of (full) payment by an insurance company for the damage amount, liability is limited to the (part of the) invoice amount to which the liability relates.

  5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are merely indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Limitation period

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

Right to dissolution

  1. The customer has the right to dissolve the agreement when Volpracht attributably fails to fulfil its obligations, unless this shortcoming, given its special nature or minor significance, does not justify dissolution.

  2. If the performance of obligations by Volpracht is not permanently or temporarily impossible, dissolution can only take place after Volpracht is in default.

  3. Volpracht has the right to dissolve the agreement with the customer if the customer does not fulfil his obligations under the agreement completely or on time, or if Volpracht has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfil his obligations.

Force majeure

  1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by Volpracht to fulfil any obligation towards the customer cannot be attributed to Volpracht in a situation independent of Volpracht's will, whereby the fulfilment of its obligations towards the customer is wholly or partially prevented or whereby the fulfilment of its obligations cannot reasonably be expected from Volpracht.

  2. The force majeure situations mentioned in paragraph 1 also include - but are not limited to: states of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure by suppliers, carriers or other third parties; unexpected power, electricity, internet, computer and telecommunications failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.

  3. If a force majeure situation occurs whereby Volpracht cannot fulfil one or more obligations towards the customer, those obligations are suspended until Volpracht can fulfil them again.

  4. From the moment a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement wholly or partially in writing.

  5. Volpracht owes no compensation whatsoever in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Amendment of the agreement

If after concluding the agreement it proves necessary to change or supplement its content for its execution, the parties will adapt the agreement accordingly in a timely manner and in mutual consultation.

Amendment of terms of delivery

  1. Volpracht is entitled to amend or supplement these terms of delivery.

  2. Changes of minor importance may be implemented at any time.

  3. Major substantive changes will be discussed by Volpracht with the customer as much as possible in advance.

  4. A consumer is entitled to terminate the agreement in case of a substantial change to the terms of delivery.

Transfer of rights

  1. Rights of the customer from an agreement between parties cannot be transferred to third parties without the prior written consent of Volpracht.

  2. This provision applies as a clause with proprietary effect as referred to in article 3:83, paragraph 2 of the Dutch Civil Code.

Consequences of nullity or voidability

  1. When one or more provisions of these terms of delivery prove to be null or voidable, this does not affect the other provisions of these terms.

  2. A provision that is null or voidable is in that case replaced by a provision that comes closest to what Volpracht had in mind when drafting the terms on that point.

Applicable law and competent court

  1. These terms of delivery and every agreement between parties are exclusively governed by Dutch law.

  2. The Dutch court in the district where Volpracht is established has exclusive jurisdiction to hear any disputes between parties, unless the law mandatorily provides otherwise.

Applicability of terms of delivery

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