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General Terms and Conditions


GENERAL TERMS AND CONDITIONS OF BRONCO AUTOMOTIVE GmbH. 

Yourvanstore is a trade name of Bronco Automotive GmbH.

These general terms and conditions consist of 2 parts:
A. Basic Part (articles 1 through 14);
B. Special Part / orders via the website (articles 15 through 22).

A. Basic Part

Article 1 General
1.1 Unless explicitly agreed otherwise in writing, these terms and conditions apply to every (legal) relationship between Bronco Automotive GmbH. ("Bronco") and the Buyer. Deviations must be expressly agreed upon in writing.
1.2 In these terms and conditions, "Buyer" means any (legal) person who buys or wishes to buy products from Bronco, and any visitor to a Bronco webshop. "Bronco Webshop" refers to a store operated by Bronco online. "Agreement" is understood to mean any legal relationship that arises between Bronco and the Buyer, as well as any (legal) action for the preparation or execution thereof. "Products" includes all items that are the subject of an Agreement, regardless of whether it involves one or more items.
1.3 The applicability of general terms and conditions used by the Buyer is expressly rejected.
1.4 The Dutch text of these terms and conditions is always decisive and prevails in case of conflict above all translations thereof.

Article 2 Offers and Agreements
2.1 All offers from Bronco are non-binding. Furthermore, all offers are revocable, regardless of whether they specify a period for acceptance. Offers are made subject to the availability of Products (while stocks last).
2.2 An Agreement is concluded at the moment an order confirmation is sent to the Buyer at the email or postal address provided by the Buyer, or, if earlier, when Bronco has started executing the order. For transactions where no order confirmation is sent due to their nature and scope, the invoice is deemed to accurately and completely represent the Agreement, unless claimed otherwise within 3 days after the date of the invoice.
2.3 Supplementary agreements or modifications are only binding for Bronco if they have been confirmed in writing by Bronco.
2.4 Displayed or provided samples and models are only indicative, without the Products having to correspond to them. Minor deviations concerning stated sizes, numbers, colors, and the like are not considered defects.
2.5 All technical requirements that the Buyer imposes on the Products to be delivered and which deviate from the standard requirements in the industry must be explicitly communicated to Bronco at the conclusion of the Agreement.
2.6 Any estimates, plans, or other documents accompanying an offer remain the property of Bronco at all times and must be returned to Bronco free of charge upon first request. Documents may not be duplicated or shown to third parties without prior written permission from Bronco.
2.7 Bronco reserves the right to refuse orders without stating reasons or to deliver only against cash on delivery. Non-acceptance will be communicated to the Buyer as soon as possible, but in any case within 14 days after receipt of the order.
2.8 Bronco is entitled to require security from the Buyer that both payment and other obligations will be met before entering into or continuing the Agreement. The security will be provided in the manner determined by Bronco.
2.9 If the Buyer wishes to cancel an Agreement, 10% of the order price (incl. VAT) will be charged as cancellation fees, without prejudice to Bronco's right to full compensation, including lost profits.

Article 3 Delivery, Transport, and Risk
3.1 The Buyer is obliged to provide all necessary information and documents in a timely manner that are required for the correct execution of the Agreement. As long as Bronco has not received this information, the delivery period will not commence.
3.2 Bronco is authorized to engage third parties in the execution of the Agreement. The costs thereof will be charged to the Buyer.
3.3 The delivery period specified by Bronco is not fatal. The mere lapse of the delivery period does not constitute a default. Bronco will observe the delivery period as much as possible. Exceeding the delivery period does not entitle the Buyer to any compensation for damages.
3.4 In the event of exceeding the delivery period, the Buyer shall give Bronco written notice of default and grant it a reasonable period of at least 14 days to still comply. Only if Bronco also fails to comply within this reasonable period does the Buyer have the right to terminate the Agreement, without Bronco being liable for any damages.
3.5 If the Buyer has not given Bronco any further instructions, the method of transport, shipment, packaging, and the like, will be determined by Bronco as a good father/merchant. Unless agreed otherwise, the Buyer assumes all risks involved, including fault/negligence of the carrier.
3.6 Any specific wishes of the Buyer regarding transport/shipment will only be executed if the Buyer has declared to bear the additional costs thereof and has provided security for this if necessary, in accordance with the provisions of Article 2.8.
3.7 Bronco is entitled to charge a fee for sustainable packaging materials, which will be stated on the invoice. When such a fee is charged, it will be settled after the return of the packaging in undamaged condition.
3.8. From the moment of delivery, the purchased goods are at the risk of the Buyer. Free delivery only occurs if and insofar as this has been agreed in writing and indicated on the invoice or otherwise. Delivery takes place ex works Bronco, warehouse, or other storage place. The time of delivery is the moment the Products are ready for transport.
3.9 Bronco has the right at all times to deliver in parts, and it is entitled to invoice these partial performances separately. 3.10 If the Buyer does not, not timely, or not properly receive the Products to be delivered, he will be in default without a notice of default and Bronco is in any case entitled to invoice the agreed price. Bronco is then, without prejudice to its other rights arising from the law, also entitled to store the Products to be delivered at the expense and risk of the Buyer; all resulting costs, including increased duties, levies, and the like, are at the expense of the Buyer.
3.11 If a situation as specified in Article 3.10 occurs and the Buyer thereafter, despite a reasonable period set by Bronco, still does not, not timely, or not properly take delivery, Bronco will be relieved of all its obligations.
3.12 Delivery abroad may be subject to different conditions.

Article 4 Prices
4.1 Unless otherwise stated, prices are:
a. based on delivery ex works Bronco, warehouse or other storage location,
b. exclusive of VAT, import duties, other taxes, levies, and duties,
c. exclusive of the costs of packaging, loading and unloading, transportation and/or shipping, insurance, and other costs associated with delivery,
d. in Euros; any changes in exchange rates will be passed on.
4.2 In the event of an increase in one or more of the cost-determining factors, Bronco is entitled to increase the order price accordingly, provided that already agreed prices can only be changed if the cost-determining factors have changed since the conclusion of the Agreement and before its full execution.

Article 5 Complaints and warranty
5.1 Any complaints must be submitted to Bronco in writing within 14 days after delivery of the Products, specifying in detail the nature and grounds of the complaints. Any shortages and/or damages to the Products and/or the packaging present at delivery must be noted by the Buyer on the delivery note and/or invoice, failing which the Buyer is deemed to have approved the delivered items. Thereafter, complaints regarding these matters will no longer be considered.
5.2 Complaints about invoices must also be submitted in writing within 7 days of the invoice date.
5.3 After the periods mentioned in articles 5.1 and 5.2 have elapsed, the Buyer is deemed to have approved the delivered goods or the invoice, respectively. Thereafter, complaints will no longer be considered.
5.4 If a complaint is timely and properly filed in accordance with these general terms and conditions and the complaint is found to be valid by Bronco, Bronco is only obliged to still perform the agreed service by either delivering the missing part so that the delivered goods are suitable for the intended use, replacing the faulty items free of charge, or granting a discount on the price. Fulfilling one of these actions shall fully discharge Bronco's warranty obligation and Bronco shall not be liable for any further compensation. Replaced Products become the property of Bronco.
5.5 Only if and to the extent that the complaint is found to be valid does this suspend the Buyer's payment obligation until the complaint is resolved.
5.6 Return of Products can only occur with prior written permission from Bronco, under conditions determined by Bronco, and upon payment by the Buyer of an administrative fee of 10% of the invoice amount including VAT.
5.7 Return of Products must be done in their original condition and in the original packaging.
5.8 The warranty obligation described in article 5.4 is limited to manufacturing defects and does not include:

  • defects caused by wear and tear and/or consumption of (parts of) the delivered goods;
  • improper use, repair, and/or modification of the Products by the Buyer and/or third parties engaged by the Buyer;
  • defects caused by exposing the Products to abnormal conditions or otherwise handling them carelessly or in contradiction with Bronco's instructions or packaging instructions;
  • deficiencies that are wholly or partly due to government regulations regarding the nature or quality of the materials used.

5.9 Bronco is not obliged to provide any warranty as long as the Buyer does not, not fully, or not timely fulfill any obligation arising from the Agreement.
5.10 Any legal claim under this article shall in any case expire one (1) year after delivery of the Products.

Artikel 6 Liability
6.1 Bronco is not liable for damage that has occurred or is caused by incorrect use of the Products or by their unsuitability for any particular application for which the Buyer has purchased the respective Product, nor for any advice regarding the use or application of the Products.
6.2 Bronco is only liable for direct damage resulting from - as proven by the Buyer - deliberate intent or conscious recklessness of Bronco and/or its executive staff belonging to the management or business leadership in the performance of the obligations arising from the Agreement between Bronco and the Buyer. 'Direct damage' is solely understood to mean:
(a) reasonable costs that the Buyer would have to incur to make Bronco's performance conform to the Agreement; however, this substitute damage is not compensated if the Agreement is terminated by or at the request of the Buyer.
(b) reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to direct damage as defined in these terms and conditions
(c) reasonable costs incurred to prevent or mitigate damage, insofar as the Buyer demonstrates that these costs have led to limitation of direct damage as defined in these terms and conditions.
6.3 Bronco is never liable for:

  • indirect damage of any kind, including consequential damage and/or
  • immaterial damage that the Buyer, or a third party, suffers because Bronco or a person for whom it is legally liable fails to fulfill the Agreement.

6.4 If Bronco, on any ground whatsoever, is held liable for damage compensation, Bronco's liability per event, where a series of connected events is considered one event, is always limited to the price listed on the invoice of the respective product, excluding VAT, with a maximum of EUR 1,500.00 (say: fifteen hundred euros).
6.5 The Buyer is required to indemnify and hold Bronco harmless from all claims by third parties, on any account whatsoever, regarding compensation for damage, costs, interest and/or losses resulting from Products delivered by Bronco. If Bronco is nevertheless held liable, the provisions of the preceding paragraphs remain unaffected. Bronco then has the right of recourse on the Buyer for the entire amount paid by it in respect of compensation for damages and costs.
6.6 The provisions of this article also apply in favor of all (legal) persons whom Bronco uses in the performance of the Agreement.
6.7 Any legal claim for compensation expires in any case one (1) year after delivery of the Products.

Article 7 Force Majeure (Non-attributable Non-performance)
7.1 In the event Bronco is prevented from performing the Agreement due to force majeure, or if performance becomes more costly due to force majeure, Bronco has the right to suspend the (performance of its obligations under the) Agreement for the duration of the force majeure condition, or to dissolve it in whole or in part, without being liable for any damages.
7.2 “Force majeure” includes any circumstance, foreseen or unforeseen, as a result of which the performance of the Agreement can no longer reasonably be demanded by the Buyer. Such circumstances specifically include strikes, excessive staff sickness, pandemics and epidemics, production disruptions, transportation difficulties, fires, and other business interruptions, power failures, import, export, and transit prohibitions, untimely or defective deliveries by Bronco’s suppliers, and other events beyond Bronco’s control such as floods, storms, natural and/or nuclear disasters, war and/or threat of war, as well as changes in legislation or government measures, including the absence of any permit to be obtained from the government. Force majeure also includes failures in a (telecommunications) network and/or the communication systems used, or the unavailability of the website at any time. Additionally, Bronco can always invoke force majeure in cases of unsuitability of things and/or persons that it uses in the performance of the Agreement.

Article 8 Payment
8.1 Unless otherwise agreed in writing, payment must be made in cash without discount or set-off at (or upon) delivery, or by depositing or transferring to a bank or giro account designated by Bronco within 14 days after the date of the invoice. The currency day indicated on Bronco's bank/giro statements is decisive and is therefore regarded as the date of payment.
8.2 If payment by credit card is chosen, the terms and conditions of the respective card issuer apply. Bronco is not a party to the legal relationship between the Buyer and the card issuer.
8.3 Bronco has the right to impose additional conditions regarding minimum and maximum expenditures and related costs for the use of certain payment methods. These conditions are made known on Bronco's website.
8.4 If full payment is not made within the specified period, the Buyer is in default by operation of law and owes an interest of 12% per year on the outstanding amount. If the statutory trade interest rate exceeds 12% per year, the Buyer owes the statutory trade interest rate. Notwithstanding the above, if the Buyer is a natural person not acting in the exercise of a profession or business, the statutory interest rate plus a surcharge of 5 percentage points is due.
8.5 Judicial and extrajudicial costs are for the account of the Buyer. The extrajudicial costs amount to 15% of the outstanding amount, with a minimum of €125 (one hundred and twenty-five Euros). If there is a Buyer who is a natural person not acting in the exercise of a profession or business, then the extrajudicial costs, contrary to the previous sentence, are:

  • 15% of the principal over the first EUR 2,500,--, with a minimum of EUR 40,--
  • 10% of the principal over the next EUR 2.500,--
  • 5% of the principal over the next EUR 5.000,--
  • 1% of the principal over the next EUR 190.000,--
  • 0,5% over the remainder of the principal, with a maximum of EUR 6.675,-- in extrajudicial costs.

8.6 Payments first reduce the due judicial costs, the extrajudicial collection costs, the due interest, and then in order of age on the outstanding principal sums, regardless of any different direction from the Buyer.

Article 9 Termination
9.1 In the event the Buyer:
a. is declared bankrupt, surrenders its assets, applies for a suspension of payments, or if an attachment is made on all or part of the Buyer's properties or a petition for bankruptcy is filed concerning the Buyer,
b. dies, is placed under guardianship, or is dissolved,
c. fails to fulfill any statutory obligation, the obligations from the Agreement with Bronco, or these conditions fully and/or timely, or fails to meet Bronco's legitimate expectations,
d. neglects to pay an invoice amount or part thereof within the set term, or suspends payment,
e. proceeds to cease or transfer his business or a significant part thereof, including the contribution of the Buyer's business into a company to be formed or already existing, or changes the objective of his business, Bronco has the right to suspend the performance of the Agreement or to terminate the Agreement in whole or in part without any notice of default and without judicial intervention, and to reclaim the possibly delivered and (partially) unpaid goods as its property, offsetting any amount already paid, without prejudice to Bronco's right to compensation.
9.2 If any of the situations mentioned in Article 9.1 sub a. to e. occur, all claims of Bronco on the Buyer are due immediately and in full, without the need for prior notice of default.
9.3 If Bronco suspends the performance of the Agreement as stipulated in Article 9.1, the Buyer is obliged to extend the security demanded by Bronco according to Article 2.8 of these conditions until the new delivery date.

Article 10 Retention of Title
10.1 Bronco remains the owner of all Products sold by it until the Buyer has fully satisfied the consideration for the Products supplied or to be supplied under the Agreement, or for the services performed or to be performed under such an Agreement for the Buyer, as well as until the fulfillment of claims due to non-compliance with such an Agreement.
10.2 The Products may be resold or used by the Buyer in the normal course of its business operations, but may not be pledged or used as security for a third-party claim.
10.3 The Buyer shall store the Products delivered under retention of title with due care and as recognisable property of Bronco.
10.4 If the Buyer defaults on the obligations as referred to in Article 10.1, Bronco is entitled to retrieve the Products that belong to Bronco, at the Buyer's expense, from the location where they are located. The Buyer hereby irrevocably authorizes Bronco to enter the spaces used by or for the Buyer for this purpose.
10.5 The Buyer is not allowed to assert a right of retention with regard to the storage costs incurred under Article 10.3 or to offset these costs against the performances owed by the Buyer.

Article 11 Intellectual Property Rights
11.1 All intellectual property rights related to information, communications, and/or other expressions concerning the Products and/or the Bronco web store, as well as the technologies used for the Products and the website, remain with Bronco, its suppliers, and other rights holders. No transfer of intellectual property rights is effected by the Agreement. 11.2 The Buyer is liable for any damage that Bronco suffers as a result of a violation of the provisions set forth in Article 11.1.

Article 12 Buyer's Personal Data / Change of Address
12.1 Bronco acts in accordance with privacy regulations, including the General Data Protection Regulation (GDPR).
12.2 Personal data obtained from the Buyer will only be used for the following purposes:

  • careful customer and order management;
  • business operations (such as processing orders);
  • sending offers and personalized advertising from Bronco or carefully selected third parties (newsletters, advertising and/or marketing purposes), always with prior consent of the Buyer (known as opt-in).

12.3 All personal data intended for internal use will be treated confidentially and will not be disclosed to third parties.
12.4 The Buyer must communicate any change of address in writing to Bronco. If the Buyer does not send a change of address, the Buyer is deemed to reside at or be established at the last address known to Bronco.

Article 13 Applicable Law and Competent Court
13.1 All Agreements and these conditions are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.
13.2 All disputes, including those only considered such by one party, arising from or related to the Agreement to which these conditions apply or the conditions themselves and their interpretation or execution, both factual and legal, will be settled by the competent civil court within whose jurisdiction the place of business of Bronco is located, unless mandatory law prescribes otherwise.
13.3 Nevertheless, Bronco is entitled to have the dispute resolved by NAI arbitration, in which case Bronco will notify the Buyer in writing. If the Buyer is a natural person not acting in the course of a profession or business, the Buyer has the opportunity for one month to opt for resolution by the civil courts.
13.4 If the dispute is resolved by arbitration, one arbitrator will rule as a good man in equity. The appointment of the arbitrator will be made according to the list procedure of the NAI. The costs of the arbitrator and his fee shall be borne by the parties as determined by the arbitrator. To the extent not deviated from above, the provisions of Book IV of the Dutch Code of Civil Procedure apply.

Article 14 Conversion
If and insofar as any provision in these general terms and conditions cannot be invoked, such provision shall be given a meaning as close as possible in content and intent, so that it can be invoked.

B. Special Part / orders from Bronco web stores

Article 15 General
15.1 The Special Part of these general terms and conditions applies in addition to the General Part of these terms and conditions. The Special Part specifically pertains to Agreements made via a Bronco web store.
15.2 Each Bronco web store may, in addition to the general terms and conditions, have specific conditions posted on the respective internet site regarding payment options, shipping, returns, and assembly.
15.3 In case of conflict between the contents of the conditions referred to in article 15.2, the following order of precedence applies, where 1) takes precedence over 2), etc.:

  1. the specific conditions on the website
  2. the general terms and conditions – Special Part
  3. the general terms and conditions – General Part

Article 16 Electronic Communication
16.1 Without prejudice to what is otherwise stipulated in these conditions, Buyer and Bronco expressly agree that by using electronic forms of communication, a valid Agreement is formed. The absence of a normal signature does not detract from the binding force of the offer and acceptance. In the case of electronic communication, the electronic files of Bronco are decisive for questions about whether an Agreement has been concluded.

Article 17 Right of Withdrawal, Costs, and Exclusions
17.1 Only if the Buyer is a natural person not acting in the exercise of a profession or business, does he have the right to dissolve the Agreement without giving any reason during a period of 14 days following the receipt of the Products. If the Agreement pertains to Products that were manufactured specifically for the Buyer, the right of withdrawal does not apply to those Products.
17.2 During the reflection period, the Buyer must handle the Products and the packaging with care, and will only unpack or use the Products to the extent necessary to establish the nature, characteristics, and functioning of the Products. The Buyer is liable for any diminished value of the Products resulting from the handling of the Products beyond what is permitted.
17.3 If the Buyer makes use of his right of withdrawal, he must return the Products with all delivered accessories, and if reasonably possible, in their original condition and packaging to Bronco, in accordance with the instructions provided by Bronco.
17.4 When the Buyer wishes to use his right of withdrawal, he is obliged to notify Bronco within 14 days after receiving the Products, using the model form provided on the internet site of a Bronco web store. After indicating his desire to use his right of withdrawal, the Buyer must send back the Products within 14 days. The Buyer must prove that the goods were returned in a timely manner, for instance by means of a proof of shipment.
17.5 The costs of returning the Products after dissolution according to Article 17.1 are borne by the Buyer.
17.6 If the Buyer has made a payment, Bronco will refund this amount as soon as possible, but no later than 14 days after revocation, provided that the returned Products have been received back in good condition by Bronco or conclusive evidence of complete return is provided. Refunds will be made using the same payment method used by the Buyer unless the Buyer explicitly gives written permission for another payment method.

Article 18 Prices
18.1 All prices are subject to typographical errors. Bronco does not accept liability for the consequences of such errors. In the event of typographical errors, Bronco is not obligated to deliver products at the incorrect price.
18.2 Bronco is entitled to change the prices it charges if VAT rates change or if the changes are the result of legal regulations or provisions. If the price is increased for other reasons, the Buyer, who is a natural person not acting in the course of a profession or business, has the right, without being liable for damages, to terminate the Agreement unless it has been agreed that delivery of the products will occur more than three (3) months after the Agreement has been concluded.

Article 19 Delivery
19.1 Bronco shall exercise the utmost care in receiving and executing product orders.
19.2 Delivery only occurs after payment has been made according to the provisions on the Bronco web store's website.
19.3 If delivery of the products turns out to be impossible, Bronco will strive to provide a replacement item. It will be clearly and understandably communicated that a replacement item is being delivered at the time of delivery. The right of withdrawal as referred to in Article 17 also applies to replacement items if the Buyer is a natural person not acting in the course of a profession or business. In such a case, the costs of returning the item are borne by Bronco.
19.4 If the Buyer is a natural person not acting in the course of a profession or business, the risk of damage and/or loss of products lies with Bronco until the moment of delivery.

Article 20 Conformity and Warranty
20.1 The Buyer is obliged to inspect the products upon delivery meticulously. Any defects should be reported in writing as soon as possible but no later than 14 days after receiving the delivered products, specifying the nature and basis of the complaints. After the expiration of the mentioned period, complaints will no longer be accepted.
20.2 Otherwise, the provisions of Article 5 apply unaltered. If the Buyer is a natural person not acting in the course of a profession or business, the provisions of Article 5.6 do not apply.

Article 21 Privacy
21.1 Bronco's privacy policy for internet purchases can be consulted via the website of the respective Bronco web store.

Article 22 Bronco's Details
Bronco Automotive GmbH is located in Veghel and registered with the Chamber of Commerce under number HRB83873. The VAT identification number is DE303833765. The correspondence address regarding Agreements and general terms and conditions, and the visitation address, is: Voltaweg 1, 5466 AZ Veghel. Yourvanstore is a trade name of Bronco Automotive GmbH.

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