General terms and conditions

General conditions Valk Motorparts - Valk Motive

 Valk - the one-man business Valk Motorparts, also operating under the name Valk Motive, the user of these general conditions.
Agreement - An agreement between Valk and a customer with regard to one or more car and motorcycle accessories sold and delivered by Valk.
Conditions - These general conditions of which Valk is the user.
Customer - The natural or legal person who has made an agreement with Valk
Consumer - The Customer who is a natural person and does not act while practising a profession or on behalf of a company and enters into a remote agreement with Valk.
Remote agreement - An agreement whereby one or more techniques for distant communication are used within a system for the distant sale of items, up to and including entering into the agreement, organised by Valk.
Website - The internet sites,,,,,,,,,,,,,,,, and

Consideration period - The period during which the Consumer can make use of his right of withdrawal.
Right of withdrawal The possibility for the Consumer to refrain from the remote agreement within the consideration period.

Article 1. Applicability
1.1 These Conditions apply to all offers, orders and Agreements of Valk barring possible other general conditions. Accepting an offer or placing an order entails that the customer accepts the applicability of these Conditions and accepts that these are part of the made Agreement.
1.2 All rights and claims, as described in these Conditions and in possible other Agreements for the benefit of Valk , are also made for the benefit of intermediary persons and other third parties engaged by Valk .
1.3 Deviations from these Conditions can only be agreed upon in writing and are only valid with regard to the specific Agreement the deviations relate to.
1.4 The applicability of possible purchase or other conditions of the Customer are explicitly rejected.
1.5 If one or more provisions in these Conditions are entirely or partly void or need to be destroyed at any time, the remaining in these Conditions remains valid. Valk and the Customer will then confer to agree upon new provisions to replace the void or destroyed provisions, where the goal and the scope of the original provisions are taken into consideration as much as possible.
1.6 In addition to these Conditions, additional conditions can apply to certain matters, if explicitly indicated.
1.7 In case these Conditions and the Agreement contain incompatible provisions, the Conditions included in the Agreement apply.
1.8 When Valk has allowed, whether implicitly or explicitly, deviations from these Conditions during a shorter or longer period, this does not affect Valk's right to demand a direct and strict compliance with these Conditions. The Customer can never assert any rights on the basis of the fact that Valk applies these Conditions more loosely.

Article 2. Offers/Agreements
2.1 The tenders and offers made by Valk are free of obligation and revocable, unless the tender stipulates an acceptance period. If no acceptance period has been established, no rights can be asserted from the tender or offer if the service or the product the tender or offer relates to is no longer available.
2.2 If the Agreement is remote, the text of these Conditions is made available to the Customer. If this is impossible, the Conditions can be read at Valk and that these will be sent to the Customer as soon as possible and free of charge upon the Customer's request, before the remote Agreement is made.
2.3 If the remote Agreement is made electronically, the text of these Conditions can be made available to the Customer electronically, in deviation from the previous subsection and before the remote Agreement is made, in such a way that this information can easily be stored by the Customer in an electronically durable way. If this is impossible, Valk will indicate where the Conditions can be read and that the Conditions will be sent to the Customer, electronically or in another way, free of charge, before the remote Agreement is made.
2.4 An Agreement only arises after the order has been accepted by Valk. Valk is entitled to refuse orders or attach specific Conditions to the delivery, unless explicitly stipulated otherwise. If an order is not accepted, Valk will announce this within ten (10) workdays upon receiving the order.
2.5 All numbers, measurements, weights and/or other indications mentioned on the Website have been published with care. However, Valk cannot ensure that no deviations will occur.
2.6 Pictures shown on the Website are merely non-binding indications of the matters concerned. No rights can be derived from this.
2.7 Valk cannot be held to its offers if the Customer, in terms of reasonableness and fairness and socially accepted ideas, should have understood that the offer or a part of this offer was an obvious mistake or typo.
2.8 Valk can - within legal frameworks - inspect whether the Customer is able to meet his payment commitment, as well as inspect all the facts and factors that are important for entering into a remote Agreement wisely. If, on the basis of this investigation, Valk has proper grounds to refrain from entering into the Agreement, Valk is entitled to refuse an order or application or stipulate specific Conditions for its execution.
2.9 When the Customer has placed an order at Valk the Customer will receive an order confirmation via email. The order confirmation contains an overview of the ordered items, including the shipping costs.
2.10 Valk retains the right to cancel the order without providing a reason if the order is incomplete.
2.11 Possible additions and alterations to the order can be made free of charge, if the alteration has been confirmed by Vallk in writing and if the order has not yet been processed. If this is not the case, Valk retains the right to refuse the additions and alterations or charge extra for these.
2.12 If the Customer does not comply with any obligations on the basis of the made Agreement(s) with Valk or does not do so in time, the Customer is legally in default. Then, Valk has the right to dissolve the entire or part of the Agreement, without being in default and without legal interference, by means of a written announcement, without Valk having to pay any compensation, unabated possible other rights of Valk .
2.13 All periods mentioned on the Website are indicative. Therefore, no rights can be derived from the mentioned periods.
2.14 Offers of Valk do not automatically apply for additional orders.
2.15 Valk is authorised to make use of third parties when carrying out the Agreement.

Article 3. Prices
3.1 The prices mentioned for the items are in Euros and including VAT unless indicated otherwise. Shipping costs are not included in the mentioned prices (unless indicated otherwise). For the shipping costs, please see delivery and return on the Website. The administration of Valk , barring refutations, should always give a correct representation of the made orders, deliveries and payments.
3.2 Valk is not responsible for possible import or customs levies, if the order has to be shipped to another country than the Netherlands. The Customer should pay these costs him- or herself.
3.3 During the validity mentioned in the offer, the prices of the offered products and/or services will not be increased, barring price alterations as a result of changes in VAT rates.
3.4 Price increases within three (3) months of the realisation of the Agreement are only allowed if these are the result of legal regulations or provisions.
3.5 Price increases after three (3) months of the realisation of the Agreement are only allowed if:
• Valk has stipulated this and these are the result of legal regulations or provisions;
• or if the Customer is entitled to terminate the Agreement on the day the price increase takes effect.
3.6 Valk cannot be held to published prices that are evidently incorrect, for instance as a result of obvious print errors and typos. No rights can be derived from wrongful price information.

Article 4. Payment
4.1 Payment can occur in (one of) the way(s) as described during the order process on the Website.
4.2 Further (payment/order) conditions can be stipulated for a Customer's order. In case of payment per bank account or giro, the date of payment serves as the date of crediting of the giro or bank account of Valk.
4.3 Payment should occur within fourteen (14) days after the invoice date without discount or compensation.
4.4 When exceeding the payment period, the Customer is in default from the day the payment should have been made and the Customer owes a delay interest of 1% of the owed amount per month or part of the month starting from the day the payment should have been made. If payment occurs after a reminder from Valk , the Customer owes an administration fee to the value of twenty-two Euros and sixty-nine cents (€ 22.69) and if Valk outsources its claim for collection, the Customer also owes the collection costs which will be calculated in conformity with Rapport Voorwerk II, without prejudice to the authorisation of Valk to claim the actually made extra-judicial collection costs instead.
4.5 If the Customer defaults on any payment, Valk has the right to suspend or dissolve the (execution of) the Agreement and the accompanying Agreements concerned.
4.6 Invoices are handed over or sent upon delivery. The invoices also form the guarantee for the Customer.
4.7 The Customer is obligated to report errors in the provided or mentioned payment information to Valk immediately.

Article 5. Delivery
5.1 Valk will handle the orders and the execution of the orders with the utmost care.
5.2 If the delivery of an ordered article proves to be impossible, Valk can contact the Customer to replace this by another comparable article in consultation with the Customer. If this does not occur or if this is impossible, the invoice will state that the article is sold out. If the Customer had prepaid the items, the invoice will also state that the paid amount will be deposited on the Customer's bank account.
5.3 Unless agreed otherwise, Valk delivers the order.
5.4 The risk is transferred to the Customer when the order is delivered.
5.5 Valk is not liable for any damage that arose during or as a result of the delivery by the Customer or third parties unless these can show that the damage is the result of the fault, neglect, or intent of Valk.
5.6 The final delivery period is thirty (30) days after the order has been placed or after the complete payment has been received in case of prepayment, except when the delay cannot be attributed to Valk . When ordering items to be delivered by Valk , the place of delivery should be described as accurately as possible. Unless otherwise agreed, delivery only occurs at the address the Customer has provided to Valk .
5.7 Shipment will (if the items are in stock) occur within five (5) workdays after placing the order or after the complete payment has been received in case of prepayment. Exceptions are possible and partly dependent upon the availability of the article concerned. This is clearly stated on the Website.
5.8 The mentioned delivery time is merely an indication and is never a fatal term. Valk can mention further information concerning delivery times and shipping costs on the Website or announce it in another way. Such information is merely indicative.
5.9 Valk is not responsible for possible delays that occur in shipment by a shipping-agent contracted by Valk . When shipping to addresses outside the Netherlands, a longer shipment time applies.
5.10 If the delivery is delayed, whether due to (temporary) unavailability or for other reasons, or if an order cannot or can only partly be executed, the Customer will receive notice no later than thirty (30) days after he or she has placed the order. In this case, the Customer has the right to cancel the order free of charge. Valk will ensure that the money is refunded.
5.11 Deviations in colour, type, text and/or price alterations are reserved. The Customer will be notified beforehand in case of large deviations in model, colour or price. In this case, the Customer has the option to dissolve the purchase agreement.

Article 6. Reservation of Ownership
6.1 The ownership of delivered items is only transferred if the Customer has paid all he owed to Valk on the basis of an Agreement. The risk of the items is transferred to the Customer when the order is delivered.
6.2 If the sold items have been delivered, but have not yet been paid, the Customer is not allowed to make these available to third parties on the basis of any title or name whatsoever. This includes the (partial) transfer of goods into ownership, collateral or possessory pledge.
6.3 In case of loss, theft, confiscation and such of the sold items, the Customer is obligated to report this to Valk within twenty-four (24) hours upon discovery, as long as no integral payment has occurred.
6.4 Due to the simple fact of non-compliance with or violation of the stipulated in this article, the Customer forfeits a claimable fine to the amount equal to the purchase price.
6.5 Subsection 2 remains valid if the Customer has a business where selling the delivered items is the goal.

Article 7. Complaints and returns
7.1 The Customer is obligated to check the items immediately upon receiving these. If the Customer detects visible defects, flaws and/or faults, this should be noted down on the accompanying invoice and Valk should be notified immediately, or the Customer should inform Valk of this within forty-eight (48) hours upon receiving the items, immediately followed by a written confirmation.
7.2 Other complaints should be reported to Valk within eight (8) days upon receiving the items per registered letter.
7.3 If the aforementioned complaints are not reported to Valk within the mentioned terms, the items will be assumed to have been received in good condition.
7.4 Slight deviations in the quality of the delivered items, which are technically unavoidable or are generally allowed in trade, cannot be grounds for complaint nor to dissolve the Agreement.
7.5 Valk should be able to investigate the complaint. If this investigation requires that the item be returned, this occurs at the expense and the risk of Valk if the latter has given explicit and written consent for this.
7.6 In all cases, returns occur in the manner determined by Valk and in the original packaging or container.
7.7 Returns occur at the risk and expense of the Customer, unless Valk has declared the complaint is justified.
7.8 If the nature and/or composition of the items have been completely or partly altered, damaged or transferred after delivery, the right to complain is forfeited.
7.9 If it has been determined that the items do not meet the Agreement, Valk can replace the items concerned by sending new items or by reimbursing the invoice price plus paid shipping costs of the items.
7.10 The stipulation in article 11 applies to this.

Article 8. Right of Withdrawal
8.1 The stipulation in this article only applies in case of a remote Agreement with a Consumer.
8.2 When purchasing items, the Consumer has the possibility to dissolve the Agreement during fourteen (14) days without stating a reason. This period begins on the day after the article has been received by or on behalf of the Consumer.
8.3 During this period, the Consumer will handle the article and the packaging with care. He will only unpack the article to such an extent or use the article insofar as this is necessary to evaluate whether or not he wishes to keep the article. If he makes use of his Right of Withdrawal, he will return the article with all its included accessories and - if reasonably possible - in original condition and packaging to Valk , in conformity with the reasonable and clear instructions as provided Valk .
8.4 If the Consumer makes use of this Right of Withdrawal, only the costs for the return shipment can be at his expense.
8.5 If the Consumer has paid an amount, Valk will repay this amount as soon as possible, but within fourteen (14) days after the item has been returned or withdrawn and has been received in good condition.
8.6 Valk retains the right to refuse returned items (within or outside the withdrawal period of fourteen (14) days) or only credit part of the paid amount if - it is suspected that - the article is (completely or partly) damaged, the packaging is (completely or partly) damaged, the article has been used or has been damaged by the Customer.
8.7 When requesting to return the item, the name of the Customer and the order number of the article need to be reported to Valk per email. Valk will then give the Customer the return address. Unreported returns will not be processed.
8.8 Unstamped returns will not be accepted.
8.9 Remnants of items will not be accepted.
8.10 The following items are excluded from the Right of Withdrawal:
• items that are ordered especially for the Customer by Valk from third parties, this will be indicated for the following items;
• items that have been realised by Valk in agreement with specifications of the Consumer;
• items that have a personal nature;
• items that cannot be returned as a result of their nature.

Article 9. Communication
9.1 Customer and Valk explicitly agree that a valid Agreement arises by making use of electronic forms of communication when the Conditions in article 2 have been met. In particular, the lack of a regular signature does not damage the binding force of the offer and the acceptance of this. The electronic files of Valk will serve as suspicion of evidence, insofar as the law allows this.
9.2 Valk is not liable for misunderstandings, deformities, delays or non-arriving orders and announcements as a result of the use of the internet or any other means of communication in the communication between the Customer and Valk, or between Valk and third parties, insofar as this relates to the relationship between the Customer and Valk, unless in case of intent or major fault of Valk.
9.3 Valk communicates with the Customer by phone or corresponds with the Customer by means of email to the email address provided by the Customer and is not obligated to employ other means of communication in case of a normal state of affairs.
9.4 As a result of being dependent upon the internet and given its uncertain and sometimes unstable nature, it is possible the Website of Valk is not always accessible. Valk is never liable for this.

Article 10. Force majeure
10.1 Without prejudice to its other rights, Valk has the right to, if it chooses, suspend the execution of the order or to dissolve the Agreement without legal interference in case of force majeure. The Customer will be notified of this in writing. In this case, Valk is not obligated to provide any compensation, unless this is unacceptable by the standards of reasonableness and fairness under the given circumstances.
10.2 In addition to what the law and jurisprudence consider to be force majeure, these Conditions define force majeure as all exterior causes, anticipated or unanticipated, over which Valk has no influence, yet as a result of which Valk is unable to live up to the obligations. Strikes at the company of Valk are included in this definition. Additionally, force majeure also includes malfunctions in a (telecommunication) network or connection or used communication systems and/or the unavailability of the website at a given moment.
10.3 During the period the force majeure occurs, parties can suspend the obligations from the Agreement. If this period is longer than two months, every party has the right to dissolve the Agreement, without any further obligation to compensate the damage done to the other party.
10.4 Insofar as Valk has already partly lived up to its obligations from the Agreement or will be able to live up to these when the force majeure occurs, and attributes value to this part of the Agreement, Valk has the right to invoice this part. The Customer is obligated to pay this invoice as a separate agreement.

Article 11. Guarantee Stipulations
11.1 Valk guarantees that the delivered article meets the Agreement and the specifications mentioned in the offer. No other guarantees apply for the delivery of new items, such as parts, materials and accessories, than those that have been granted by the manufacturer, importer or supplier and as have been announced to the Customer in the guarantee certificates. Therefore, the Customer has the right to offer the delivered item to Valk for replacement or repair in case of proved unsoundness during the guarantee period granted by the manufacturer, importer or supplier. The choice between replacement or repair is up to Valk.
11.2 In case the previous subsection has been met, Valk is obligated to repair or replace the offered item by a comparable item within a reasonable period, unless Valk is not able to do so, in which case Valk will refund the invoice amount concerned.
11.3 No guarantee is given for electronic parts.
11.4 A request to granting guarantee will only be considered by Valk if this request has been submitted within the valid guarantee period. Additionally, this request should be reported in writing within fourteen (14) days after the defect has been ascertained or could have reasonably been ascertained. Returning the items should occur in consultation with Valk and in the original packaging.
11.5 Guarantee can only be granted upon production of the original invoice, given to the Customer by Valk .
11.6 Every right of guarantee is forfeited if:
• the items have been processed or altered;
• the Customer has performed activities or has had these performed to the items, including but not limited to repairs, alterations and disassembly;
• the delivered item has been inaccurately or injudiciously used, including neglecting the prescribed or normal maintenance;
• the Customer has provided incorrect or insufficient information with regard to the brand and type of the purchased and/or the vehicle the part is intended for;
• the installation of the delivered item was faulty;
• the item has been installed in a vehicle that deviates from the standard specifications of the manufacturer;
• the purchased items are incorrectly and/or inexpertly used or if the vehicle in which the item has been installed is used for other purposes than the use in normal traffic, such as races etc. This also includes professional use. Professional use means all uses for the purpose of the practice of a profession, frequent use or use for commercial purposes.
11.7 The costs for alterations to or repairs of the delivered items that have been carried out by or on behalf of the Customer without prior written consent from Valk are never at the expense of Valk.
11.8 In guarantee activities, the guarantee covers reasonable shipping costs paid by the Customer from the Customer's address to Valk to a maximum of the costs Valk charges for shipment to the Customer. Additional or other costs are at the expense of the Customer.
11.9 When Valk has granted a guarantee, this never includes the defects resulting from normal wear and tear, or non-compliance with the operation and maintenance instructions.
11.10 The right to replacement is not granted to the Customer if the defect can reasonably been repaired.
11.11 If the opposing party is a Consumer, the previous subsections do not diminish the rights and claims the Customer can make with regard to a defect in compliance with the obligations of Valk with regard to Valk on the basis of stringent consumer rights and/or the remote Agreement.

Article 12. Liability
12.1 Valk is only liable for direct damage at the part of the Customer or third parties if and insofar as the damage is the direct and immediate result of an accountable fault in the execution of the Agreement by Valk or if this is at the risk of Valk on the basis of mandatory legal provisions. Direct damages means:
• the reasonable costs made to establish the cause and the size of the damage, insofar as the ascertainment relates to damages as described in these Conditions.
• the possible reasonable costs made to have the faulty performance of Valk meet the Agreement, unless this cannot be attributed to Valk;
• reasonable costs, made to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to limiting direct damages as described in these Conditions.
12.2 The liability of Valk in agreement with the previous subsection is limited to the purchase price of the delivered item, unless the damage is the result of major fault, neglect, or intent of Valk.
12.3 In any case, the liability of Valk is always limited to the amount of payment from its company liability insurance.
12.4 The liability of Valk for damage regarding death or physical injury is limited to the amount the insurance agreement of Valk pays in this case.
12.5 Valk accepts no liability if the Customer and persons the Customer directly or indirectly allowed to make use of the item do not heed the warnings, do not follow the user instructions and/or safety regulations the Customer and user is obligated to follow.
12.6 Valk is never liable for actions performed illegally, actions that go against other regulations or public order with the help of items purchased from Valk.
12.7 Valk is never liable for any (resulting) damage to a vehicle through the use of the articles and/or equipment delivered by Valk unless in case of major fault, major neglect or intent on the side of Valk. The Customer safeguards Valk against all claims on damage compensation third parties may submit with regard to (resulting) damage to a vehicle that has arisen by the use of the articles and equipment delivered by Valk.
12.8 Valk is not liable for deviations in prices, pictures and texts of the information included in catalogues or other documentation of Valk .
12.9 The Customer safeguards Valk against claims made for any reason whatsoever with regard to Valk by a third party, who states to have suffered damage due to an article the Customer has ordered from Valk , unless the Customer demonstrates that Valk is liable for this damage on the basis of compelling law.
12.10 In no case will Valk be liable for any form of indirect damage, including stagnation damage, company damage and consequential damage, even if Valk has been notified of a possible occurrence of such indirect damage.
12.11 The limitation of the liability as determined in this article applies equally to employees and all other persons employed by Valk to execute the Agreement.
12.12 It is possible that Valk includes links to other websites on the Website that might contain interesting or informative information for the visitors. Such links are strictly informative. Valk is not responsible for the content of the website referred to or the possible use of the website.
12.13 After twelve (12) months, to be calculated from the day of delivery, every right the Customer has with regard to Valk for damages arising from possible neglect and/or errors from Valk expires.

Article 13. Intellectual property rights
13.1 The Customer should respect all intellectual property rights resting on the items delivered by Valk completely and unconditionally.
13.2 Valk does not guarantee that the items delivered to the Customer do not infringe on any (unwritten) intellectual property right of third parties.
13.3 The Customer explicitly acknowledges that all rights of intellectual property of presented information, announcements or other expressions with regard to the items and/or with regard to the Website are owned by Valk, its suppliers or other entitled parties.
13.4 The Customer is not allowed to make use of, including altering, the intellectual property rights as described in this article, such as multiplying these without prior written consent from Valk, its suppliers or other entitled parties, unless this purely relates to private use of the article itself.

Article 14. Personal information
14.1 Personal information is stored in Valk's customer system to process the orders.
14.2 The Customer always has the right to ask Valk which information is present in the database and to have this information altered. Valk cannot guarantee the safety of the Customer's personal information that has been sent via the internet, since it is possible that this personal information can be intercepted. Valk is in no way liable for this.
14.3 If the Customer registers at the Website of Valk , the Customer is obligated to provide the correct information. Providing false information goes against the Conditions on the Website. Not providing information requested during the order process and that is necessary to process and send the order, drawing up the invoice and starting the guarantee leads to the cancellation of the order. This does not diminish Valk's right of compensation.
14.4 If the Customer gives permission to process his information for an easy processing of new orders and to be able to receive offers and other commercial announcements Valk deems to be useful for the Customer, all his information will be included in Valk's central file and will be used for this. Only Valk can send an email to the Customer within the framework of promotional activities, insofar as the Customer agrees to this. The Customer can always nullify his consent or undo his subscription for a newsletter, for example. Unsubscribing is possible online via email.

Article 15. Complaints
15.1. Complaints should be reported to Valk via email clearly describing the complaint. Valk will attempt to find a solution with the Customer. The points mentioned in articles 7 and 8 apply for exchanging / replacing the order.
15.2. Valk has a sufficiently announced complaint procedure and handles the complaint in accordance with this complaint procedure.
15.3. Complaints pertaining to the execution of the Agreement should be reported, completely and clearly described, to Valk within fourteen (14) days after the complaints has arisen.
15.4. Complaints submitted to Valk are answered within a period of fourteen (14) days calculated from the date the complaints was received. If a complaint requires a longer processing time, Valk will answer within a period of fourteen (14 days) with a message of reception and an indication as to when the Customer can expect a more extensive answer.
15.5. That which has been determined in this article does not affect articles 11 and 12.

Article 16. Dutch Law and authorised judge
16.1 The Dutch law applies to every Agreement made by Valk
16.2 All disputes between Valk and the Customer that might arise and for which no solution can be achieved through mutual agreement will be submitted to an authorised judge.
16.3 The aforementioned provisions also apply if an Agreement has been executed abroad, whether partly or completely, or if the party involved lives abroad. The possible applicability of the Vienna Sales Convention are explicitly excluded.

Article 17. Location and alterations Conditions
17.1 These Conditions have been deposited at the Chamber of Commerce under number 32109811 and will be sent by Valk upon request and free of charge. Additionally, these Conditions can be downloaded and stored via the Website.
17.2 The last deposited version or the version that was valid when the relationship with the Customer arose applies.
17.3 Valk retains the right to alter or supplement these Conditions. Alterations also apply with regard to already made Agreements with due consideration of a period of thirty (30) days after the alteration has been announced via the Website and/or email. If the Customer does not agree with these alterations and the Agreement is still valid, the Customer has the right to terminate the Agreement with due consideration of a termination period of ten (10) days from the date the alterations take effect.
17.4 The Dutch text of these Conditions is always the determinant text for the explanation of this.

Article 18. Identity of Valk
The enterprise is driven by the one-man business Valk Motorparts, also operating under the name Valk Motive, located at the Henricapolder 3, 3825 LE Amersfoort. We can be reached on workdays between 9 a.m. - 5 p.m. on telephone number 0031 (0)33 46 91 223 or email address The enterprise is registered at the Chamber of Commerce of Amersfoort under number 32109811. The VAT number is NL1672.27.798.B01.

Amersfoort, june 2012