Terms

Terms and conditions

This is a translation for your convenience. The Dutch version of this text prevails and is legally binding.

Identity and details

These are the terms and conditions of Jonker-Huissen B.V., established at (6851 TG) Huissen, Gloxinialaan 1. Jonker-Huissen B.V. is hereinafter referred to as ‘Jonker-Huissen’. Jonker-Huissen can be reached by phone at +31 26 325 9123. The email address of Jonker-Huissen is info@jonkerhuissen.com. Any complaints can be submitted via that email address or the aforementioned business address. The Chamber of Commerce number of Jonker-Huissen is 09069927. The VAT number of Jonker-Huissen is NL007791045B01.

Article 1 Applicability

These terms and conditions apply to all offers by Jonker-Huissen and to all agreements that Jonker-Huissen concludes with the customer, including distance agreements. This applies to both business customers and private customers (consumers). The customer of Jonker-Huissen is hereinafter referred to as ‘the customer’.
By placing an order with Jonker-Huissen, the customer acknowledges being familiar with the content of these terms and conditions and agreeing to them.
The applicability of the customer's own terms and conditions is expressly rejected by Jonker-Huissen.
If an article of these terms and conditions is void or voidable, the article concerned will be replaced by an article that is as close as possible in substance to the original article. The remaining articles of these terms and conditions then remain in full force.
Deviations from these terms and conditions are only binding on Jonker-Huissen if they have been laid down in writing and expressly.

Article 2 Offers

Every offer by Jonker-Huissen, in whatever form, is made entirely without obligation and does not bind it, unless Jonker-Huissen has set a period for acceptance in the offer. If in that case the customer does not accept the offer of Jonker-Huissen in time, the offer of Jonker-Huissen lapses immediately and automatically after the relevant period has expired.
Verbal commitments only bind Jonker-Huissen after they have been expressly confirmed in writing by Jonker-Huissen to the customer.
Every offer by Jonker-Huissen contains a description of the products and/or services offered that is as complete and accurate as possible. The description is sufficiently detailed to enable the customer to properly assess the offer. If Jonker-Huissen uses images, it aims to give a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Jonker-Huissen.
A composite offer does not oblige Jonker-Huissen to carry out part of the order for a corresponding part of the stated price.
An offer by Jonker-Huissen does not automatically apply to future agreements.
If a customer has accepted the offer of Jonker-Huissen, for example by placing an order, Jonker-Huissen provides the customer with an order confirmation. If a consumer has accepted an offer of Jonker-Huissen electronically, Jonker-Huissen confirms receipt of the acceptance of the offer electronically without delay.

Article 3 Prices

The prices stated by Jonker-Huissen on its website or otherwise are exclusive of VAT, unless expressly stated otherwise.
The prices stated by Jonker-Huissen on its website or otherwise are exclusive of shipping costs, transport costs, delivery costs and deposit, unless expressly stated otherwise. The costs for preparing, checking, transporting and delivering the customer's order are therefore added to the price of the order and are payable by the customer. These costs differ per country to which Jonker-Huissen delivers. These costs are stated by Jonker-Huissen during the ordering process. If these costs subsequently turn out to be higher, the customer also owes the increase to Jonker-Huissen and Jonker-Huissen is entitled to charge the increase to the customer.
The prices stated by Jonker-Huissen are in Euros.
Prices are not increased within the term of the offer, unless statutory measures make this necessary or if the manufacturer implements interim price increases.
All prices stated by Jonker-Huissen are subject to printing and typesetting errors. Jonker-Huissen is not liable for the consequences of such errors.

Article 4 Delivery time

The delivery time is estimated by Jonker-Huissen as accurately as possible, but can only be regarded as an estimate and never as a strict deadline.
In the case of distance selling, the customer agrees that delivery by Jonker-Huissen need not take place within thirty days of ordering. Jonker-Huissen strives to deliver as soon as possible. However, this may take longer than thirty days, which is acceptable to the customer.
If Jonker-Huissen does not have the item(s) ordered by the customer in stock, Jonker-Huissen is entitled to deliver only when the item(s) concerned is/are in stock again. In that case Jonker-Huissen will inform the customer.
If the item(s) ordered by the customer is/are no longer available at all, Jonker-Huissen has the right to deliver another item/items of equal quality and price to the customer. In that case Jonker-Huissen will inform the customer.
Jonker-Huissen is entitled to inform itself as to whether the customer can meet its payment obligations, as well as of all those facts and factors that are important for responsibly entering into a (distance) agreement with the customer. If, on the basis of this investigation, Jonker-Huissen has good grounds not to enter into the agreement, Jonker-Huissen is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
The customer is not entitled to any compensation in any form whatsoever in the event of any exceeding of the delivery time estimated by Jonker-Huissen, unless this has been expressly agreed, or if the exceeding is the direct and immediate result of gross negligence or gross carelessness on the part of Jonker-Huissen.
The customer cannot dissolve the agreement with Jonker-Huissen due to exceeding the delivery time and cannot refuse receipt and/or payment of the items to be delivered.

Article 5 Delivery

Jonker-Huissen delivers items and accessories ordered from it (hereinafter jointly: ‘the goods’) ex warehouse (in Huissen), unless the parties have expressly agreed in writing on another method of delivery.
If the parties have expressly agreed in writing on a method of delivery other than ex warehouse, Jonker-Huissen is free to determine the method of transport of the goods and the means of transport to the customer. Jonker-Huissen is therefore also free to engage a third party for the transport of the goods and delivery to the customer.
If carriage-paid delivery from Jonker-Huissen to the customer has been expressly agreed in writing between the parties, the goods travel at the expense and risk of Jonker-Huissen. In that case the goods are deemed to have been delivered by Jonker-Huissen and accepted by the customer as soon as the goods have been brought to the site and unloaded. In all other cases the goods travel at the expense and risk of the customer, and upon delivery ex warehouse the goods are deemed to have been delivered by Jonker-Huissen and accepted by the customer.
If, in the case of transport at the risk of Jonker-Huissen, damage and/or defects that can be established on arrival of the goods are not immediately noted by the customer on the accompanying consignment note, delivery note or similar document to be returned, Jonker-Huissen is not liable for this.
The customer is obliged to accept the goods at the moment they are delivered to him, or at the moment they are made available to him or delivered.
From the moment of delivery, the item is at the expense and risk of the customer.
If the customer refuses to accept the goods or fails to provide information or instructions necessary for delivery, the goods will be stored by Jonker-Huissen at the expense and risk of the customer. In that case the customer immediately owes Jonker-Huissen the resulting transport costs, storage costs and any other costs.
Parts delivered by Jonker-Huissen to a customer which subsequently turn out not to be needed may be returned by the customer to Jonker-Huissen within no more than 10 days of delivery. Jonker-Huissen charges the customer a fee of 20% of the purchase amount for this, with a minimum of € 25.00. Parts dismantled specially for the customer cannot be returned.

Article 6 Exchange goods

In this article the following is understood by: Exchange good: a part sold by Jonker-Huissen to the customer, whereby the customer trades in a similar (old) part with Jonker-Huissen. Jonker-Huissen may sell the goods obtained through trade-in.
An exchange good sold by Jonker-Huissen to a customer is packaged in a standardised manner. The packaging is lent to the customer by Jonker-Huissen. Packaging always remains the property of Jonker-Huissen. The customer must return the packaging to Jonker-Huissen undamaged. Jonker-Huissen charges the customer a deposit on packaging materials, unless otherwise agreed in writing. If the customer has not returned the packaging materials to Jonker-Huissen within three months of purchasing the exchange good, Jonker-Huissen is no longer obliged to refund the packaging/deposit money. This does not affect the customer's obligation to return the packaging.
When purchasing an exchange good, Jonker-Huissen charges the customer a deposit, unless otherwise agreed in writing. If the customer has not returned the item to be exchanged to Jonker-Huissen within three months of purchasing the exchange good and/or not in assembled condition and/or not safely/not completely packaged free of coolant and oil, Jonker-Huissen is no longer obliged to refund the deposit charged to the customer. This does not affect the customer's obligation to return the old item. A leak caused by the customer not draining a part may lead to a (high) penalty, for which the customer is responsible.
The deposit charged by Jonker-Huissen to the customer is only a symbolic amount. In cases where the actual value of the old item is higher than the deposit, an additional charge may be made.
Exchange goods are only sold by Jonker-Huissen in return for the customer handing in the old item. The old item must be of the same make, construction type and composition and may not be broken, cracked, welded or otherwise damaged or incomplete. The vital parts (for an engine these are the block, cylinder head, crankshaft and camshaft) must be reconditionable in the normal way. If the item handed in does not comply, the higher costs are borne by the customer of Jonker-Huissen and an additional calculation will take place.
An engine may be supplied with a different oil sump and/or valve cover. In those cases the customer must, at its own expense, transfer the relevant parts from the old engine, after thorough inspection and cleaning.
Jonker-Huissen reserves the right to adapt exchange goods to its own specifications, if this has a positive effect on the quality of the exchange good. An example of this may be that in a number of cases Jonker-Huissen does not fit engines with balance shafts.
For environmental and safety reasons, the customer must, at its own expense, package the old items to be handed in safely and completely free of coolant and oil. The customer is liable for all damage to Jonker-Huissen and/or third parties arising from the incorrect supply of the old items to be handed in. The customer hereby indemnifies Jonker-Huissen in this respect.
Sale with purchase. If, on the sale of a new item against the purchase of a used item, the customer continues to use the old item while awaiting delivery of the new item, the latter item only becomes the property of Jonker-Huissen after the actual delivery thereof to Jonker-Huissen has taken place. As long as the customer continues to use the item, it is entirely at its expense and risk.

Article 7 Inspection and complaints

Every customer of Jonker-Huissen is obliged to inspect the goods delivered upon delivery for correctness of the order, quantity and defects.
Minor unavoidable deviations considered acceptable in the trade cannot constitute grounds for complaints.
Visible defects or shortages must be reported in writing to Jonker-Huissen by a business customer within no more than 8 working days of delivery.
Non-visible defects or shortages must be reported in writing to Jonker-Huissen by a business customer within no more than 8 working days of discovery, or within no more than 8 working days after they could reasonably have been discovered.
A private customer (consumer) must report both visible and non-visible defects or shortages to Jonker-Huissen within a period of two months after discovery of the defect.
No complaints can be made in respect of defects or shortages that are only discovered after one year following delivery (or thereafter).
If the customer has not complained about a defect or shortage within the period referred to in paragraph 3 (for business customers), paragraph 4 (for business customers), paragraph 5 (for private customers) or paragraph 6 (for all customers), the customer is no longer entitled to repair, replacement or compensation and must pay the costs incurred by Jonker-Huissen, insofar as these are reasonable.
If it is established that an item is defective and a complaint has been made about this in time, Jonker-Huissen will, within a reasonable period and at the customer's choice, replace the defective item or arrange for repair of the defect. In the event of replacement of the item, the customer is obliged to return the item to be replaced to Jonker-Huissen in the original packaging. The costs thereof are at the customer's expense, unless expressly agreed otherwise in writing.
The customer cannot invoke a defect in the performance of Jonker-Huissen if it has assembled or processed the goods purchased from Jonker-Huissen.
Even if the customer complains in time, its obligation to pay the invoice amount in full and to accept the goods ordered remains. If the customer can assert a claim against Jonker-Huissen, this does not give the customer the right to suspend its payment to Jonker-Huissen.

Article 8 Liability

Jonker-Huissen is not liable for damage, of whatever nature, arising because it relied on incorrect and/or incomplete data provided by or on behalf of the customer.
Except in the case of intent or gross negligence by Jonker-Huissen or one of its managers, Jonker-Huissen is only liable for direct damage and its liability is limited to the amount paid out by its liability insurer, increased by the excess. If, for whatever reason, no payment is made by the insurer of Jonker-Huissen, the liability of Jonker-Huissen is limited to a maximum of the amount invoiced by Jonker-Huissen to the customer concerned.
In no event is Jonker-Huissen liable for business, consequential and/or indirect damage, including but not limited to loss of profit and turnover, missed returns and immaterial damage. Jonker-Huissen is also not liable for damage that can be attributed to acts or omissions of the customer or a third party engaged by the customer.
All rights of claim and other powers (on whatever grounds) that the customer has against Jonker-Huissen must, on penalty of forfeiture, be received in writing by Jonker-Huissen within one year and one day after the moment at which they arose or the customer became aware or could reasonably have been aware of them.
The customer indemnifies Jonker-Huissen against any claims from third parties who suffer damage in connection with the execution of the agreement, unless (and insofar as) the damage is exclusively the result of intent or gross negligence of Jonker-Huissen or its managers.

Article 9 Retention of title

Without prejudice to the provisions of Article 5 paragraph 6 of these terms and conditions, Jonker-Huissen retains title to all products delivered to the customer until the purchase price for all these products has been paid in full, including any interest and costs owed. The retained title also applies in respect of claims that Jonker-Huissen may obtain against the customer due to the customer's failure in one or more of its obligations towards Jonker-Huissen under the agreement or such agreements concluded between the parties.
If and as long as retention of title rests on the products, the customer is not permitted to dispose of these products or to establish any limited right thereto, other than in the (possible) normal course of its business.
The customer has a duty of care with respect to the products covered by the retention of title and must insure them and keep them insured against the usual risks, including in any case contents insurance covering risks such as fire, theft, explosion and water damage.
If the customer fails to fulfil its obligations under any agreement concluded with Jonker-Huissen, or if Jonker-Huissen has good grounds to fear that the customer will fail to fulfil its obligations under any agreement concluded with Jonker-Huissen, Jonker-Huissen is at all times entitled to take back the products delivered to the customer, to (have them) removed and stored elsewhere. In particular, but not exclusively, this right exists if (I) the customer has applied for suspension of payment or bankruptcy, (II) the customer's bankruptcy is/has been applied for, or (III) the customer reaches a payment arrangement with one or more creditors. In the event that Jonker-Huissen wishes to exercise its property rights referred to in this article, the customer already now gives unconditional and irrevocable permission to Jonker-Huissen, or a third party to be designated by it, to enter all those places where those products that are the property of Jonker-Huissen are located and to take back those products.
All costs relating to the exercise of the retention of title, including the costs of transport and storage, are at the customer's expense.
In the event that Jonker-Huissen has exercised its retention of title, Jonker-Huissen is at all times entitled, but not obliged, to sell the products to a third party, and the customer will be credited by Jonker-Huissen for the value of the products in economic traffic to be determined by Jonker-Huissen, or the net sales value, whichever amount is the lower, reduced by all costs incurred for the repossession, without prejudice to the right of Jonker-Huissen to compensation for the damage arising for Jonker-Huissen from the customer's failure.

Article 10 Payment

If the customer places a verbal or written order with Jonker-Huissen, this creates a payment obligation for the customer. This also applies to orders placed with Jonker-Huissen via the internet.
Payment by the customer must be made within the payment term agreed between Jonker-Huissen and the customer. If no other payment term has been agreed, a payment term of 14 days after the invoice date applies, being the due date. In the event of late payment, the customer is in default by operation of law.
From the due date of the invoice, the customer owes interest on the invoice amount of 1.5% per month.
If the customer does not pay in time, Jonker-Huissen will give the customer 14 days via a demand letter to pay after all. If full payment is still not made after that, the customer also owes extrajudicial collection costs.
Jonker-Huissen is entitled to first apply received payments to settle the accrued interest and extrajudicial collection costs, before applying the payments to payment of the principal sum.
If the customer is behind with regard to part of its payments, the entire amount owed to Jonker-Huissen becomes immediately due and payable. This also applies to the invoices that have not yet fallen due at that time.
If in the opinion of Jonker-Huissen there are reasons for this, it is at all times entitled to require the customer to pay (part) in advance or to provide proper security for payment. In the absence thereof, Jonker-Huissen has the right to suspend delivery or to dissolve the agreement and claim compensation. The purchase price of what has then already been delivered by Jonker-Huissen to the customer then becomes immediately due and payable. In the case of consumer sales, Jonker-Huissen will not request advance payment of more than 50% of the purchase price.
What the customer owes to Jonker-Huissen becomes fully and immediately due and payable if the customer (I) threatens to obtain or obtains suspension of payment, (II) threatens to go bankrupt or goes bankrupt, or (III) threatens to be admitted or is admitted to debt restructuring.
If the customer does not pay in time, Jonker-Huissen is entitled to suspend further deliveries to that customer without prior notice. The purchase price of what has been delivered also becomes immediately and fully due and payable in this case.
A business customer is not entitled to set off any amount against what is to be paid to Jonker-Huissen and/or to invoke suspension.
Deposit and shipping costs must at all times be paid by the customer to Jonker-Huissen.

Article 11 Intellectual property rights

All intellectual and industrial property rights to all goods delivered to the customer rest exclusively with Jonker-Huissen or its licensors or suppliers. The customer is not permitted to copy these goods or otherwise infringe the intellectual property rights of Jonker-Huissen or its licensors or suppliers.

Article 12 Privacy

The data provided by the customer is included in Jonker-Huissen's customer database. This database also includes the data necessary for processing orders, such as order, delivery and payment details.
Jonker-Huissen complies with the obligations arising from the General Data Protection Regulation (GDPR). Jonker-Huissen will ensure appropriate technical and organisational measures to protect personal data against loss or any form of unlawful processing.

Article 13 Warranty

Jonker-Huissen applies a 12-month warranty on the engines and gearboxes it supplies, unless otherwise agreed in writing.
The warranty relates exclusively to the part supplied. Assembly costs, labour, transport costs and consequential damage are excluded from the warranty.
Assembly and installation must be carried out professionally and in accordance with the manufacturer's instructions. In the event of improper assembly or use, the warranty lapses.

Article 14 Further warranty conditions

With the exception of electronic parts, used vehicle parts sold and/or supplied by Jonker-Huissen are eligible for warranty.
The customer can only derive rights from a warranty if it proves that it purchased the item from Jonker-Huissen. This proof can be provided by the customer by submitting to Jonker-Huissen the relevant purchase agreement or invoice and, if applicable, the warranty card drawn up for it. If it concerns an item that has been marked by Jonker-Huissen with a hallmark or identification, the customer can only derive rights from a warranty if, when invoking this warranty, the said hallmark or identification is intact.
The customer's claims under a warranty are not transferable to third parties.
Jonker-Huissen guarantees the soundness and usability of the goods it supplies during the warranty term stated in Article 13 after purchase by the customer. In the event of demonstrated unsoundness within that term, the customer has the right to offer the item supplied by Jonker-Huissen to Jonker-Huissen for replacement or repair, at the choice of Jonker-Huissen.
In the event of a justified invocation of a warranty, Jonker-Huissen undertakes to repair the item offered for replacement or repair within a reasonable period or to replace it with a comparable item, unless Jonker-Huissen is unable to do so, in which case Jonker-Huissen will proceed to refund the relevant invoice amount.
The item received by the customer after repair or replacement again qualifies for the warranty.
The customer cannot claim a warranty from Jonker-Huissen:
1. if the customer has provided Jonker-Huissen with incorrect or insufficient information regarding the make and type designation of the item purchased and/or the vehicle for which the part is intended;
2. if the customer does not or has not punctually met its payment obligations towards Jonker-Huissen. The customer is not entitled to refuse payment on the grounds that Jonker-Huissen has not yet, or not fully, fulfilled and/or would have fulfilled its warranty obligations;
3. if third parties, without the written permission of Jonker-Huissen, have carried out work related to the goods supplied by Jonker-Huissen and/or work performed by Jonker-Huissen in respect of which a warranty claim is made.
4. Further excluded from warranty are:
  - defects in materials or parts prescribed or made available by the customer;
  - defects resulting from designs, drawings, constructions or methods made available by the customer, or advice given by the customer/principal;
  - defects in built-in electronic components;
  - defects in fuel systems such as the tank and additional components that are not flushed or renewed. The warranty also does not extend to the repair of engine defects that have arisen as a result of the use of fuels for which the engine (according to the factory specifications on prescribed fuel use) is not suitable or for which the engine has not been made suitable by Jonker-Huissen;
  - engine damage caused by failure and/or improper use of the electronic components and/or of the electronic peripherals is also excluded from warranty, as are defects in items that are not material and/or construction faults (such as, for example, defects resulting from normal wear, internal and external contamination, rust and paint damage, transport, freezing, overheating, overloading and/or dropping of the product);
  - if parts other than those prescribed by the manufacturer were used during installation;
  - if non-original parts were used during installation;
  - if the purchased item has been installed in a vehicle for which it was not originally intended;
  - if the purchased item has been installed in a sports car or a tuned vehicle;
  - defects that have arisen as a result of: intent, failure to perform normal or prescribed maintenance, incorrect installation/connection/changes made by third parties, poor treatment, incorrect (or other than the intended normal) use are also excluded from warranty;
  - nor is there any warranty claim in respect of defects arising as a result of accessories belonging to the item but not checked by Jonker-Huissen, as well as in respect of defects and damage arising from a vehicle taking part in competitions or speed trials.
5. The original warranty term is not extended in the event of replacement.
Warranty on engines and/or gearboxes only applies if it can be demonstrated that oil and/or timing belt and/or filters have been renewed.
No warranty is given on work and/or parts relating to the installation.
There is also no warranty claim possible if the customer or third parties have acted in breach of any other provision of these terms and conditions.
The customer cannot derive from a warranty any right to compensation of whatever nature, except insofar as Jonker-Huissen would be obliged to compensate for this under the law or these terms and conditions.
Jonker-Huissen has the right to deviate from the warranty conditions if, before concluding the purchase agreement, the customer was expressly informed of this and the deviating provisions have been laid down in writing between Jonker-Huissen and the customer.

Article 15 Disputes

All legal relationships between Jonker-Huissen and the customer are governed exclusively by Dutch law.
The applicability of the Vienna Sales Convention is expressly excluded.
All disputes concerning, arising from or connected with an agreement concluded by Jonker-Huissen or an offer, quotation, order confirmation, delivery of products and/or services and invoices of Jonker-Huissen are submitted exclusively for adjudication to the competent court of the District Court of Gelderland, Arnhem location.

If the customer is a consumer, then in addition to the aforementioned articles, the provision below numbered article 16 also applies. The provision below (article 16) expressly does not apply to a business customer.

Article 16 Right of withdrawal for distance purchases

When purchasing a product at a distance, the consumer has the option to dissolve the agreement without giving reasons during a cooling-off period of 14 calendar days. This cooling-off period commences on the day after the consumer has received the product. After the cooling-off period expires, the consumer loses its right of withdrawal.
During the cooling-off period, the consumer will handle the product and packaging with care. It will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as it would be allowed to do in a shop.
If the consumer has used the product more than necessary to assess whether it actually wishes to keep the product, the consumer is liable for the decrease in value. Jonker-Huissen is then entitled to compensation if the consumer returns the product used.
If the consumer makes use of its right of withdrawal, it reports this within the cooling-off period referred to in paragraph 1 of this article by means of the model withdrawal form or in another unambiguous manner to Jonker-Huissen. The model withdrawal form for a consumer is included below these terms and conditions.
As soon as possible, but no later than within 14 days from the day following the notification referred to in paragraph 4 of this article, the consumer returns the product to Jonker-Huissen.
The consumer returns the product with all accessories supplied, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Jonker-Huissen.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the costs of returning the product to Jonker-Huissen.
If the consumer has paid an amount to Jonker-Huissen and Jonker-Huissen has received this amount, Jonker-Huissen will refund this amount to the consumer within 14 days following the day on which the consumer notified Jonker-Huissen of the withdrawal. Jonker-Huissen is entitled to refund the aforementioned amount to the consumer only once Jonker-Huissen has received the product back.
Products manufactured according to the consumer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person, are expressly excluded by Jonker-Huissen from the right of withdrawal. With regard to such products (custom-made), the consumer therefore has no right of withdrawal.

Last updated: 26-07-2026