Content of this article:

• Information for customers
• Information for Suppliers/Creditors 

General introduction

On 17 July 2023 the Court of Amsterdam declared the Dutch legal entities VanMoof Global Holding B.V., VanMoof B.V. and VanMoof Global Support B.V. bankrupt. Mr. Padberg and Mr. De Wit have been appointed as the trustees. For more information please click here.

The legal entities outside the Netherlands are not in insolvency proceedings.

This Q&A provides answers to certain questions of our customers in relation to the Dutch legal entities and the Dutch stores. We will provide for updates as the situation progresses. 

The information provided is not to be considered as legal advice. Each party remains solely responsible to assess its own rights and to seek legal advice if it deems such necessary.

Will VanMoof continue its activities?

The trustees are currently setting up a sales process for the assets and activities of VanMoof, in order to find a party who is willing to continue the activities of VanMoof. 

If you are an interested party and you have not yet approached the trustees, you can contact the trustees by sending an e-mail to insolventie.amsterdam@hvglaw.nl. The trustees will then inform you on the sales process.

Customers:

Will my bike stop working as a result of the bankruptcy?

No, your bike will remain functional and rideable, as we aim to keep our app and servers online and aim to secure the ongoing services for the future. As unforeseen circumstances could arise, we advise you to create a backup unlock code so you can unlock your bike through the buttons on your handlebar. You can find instructions on how to create/reset a backup unlock code in our knowledge base. 

What is the impact of the bankruptcy of the Dutch entities on the other entities outside the Netherlands?

We are still exploring and understanding the impact of the bankruptcy of the Dutch entities on the other legal entities, our intention is to keep these entities running as usual. If we have any news on this matter, it will be shared.

I have an open order for a (replacement)bike/accessories/spare parts, will I still be receiving those items, and when?

Currently outgoing deliveries have stopped. Depending on the outcome of the sales process, it will be decided if open orders can be fulfilled. As soon as we have news on this matter, it will be shared.

My bike needs a repair, will I be able to schedule repairs again, and when?

Currently it is not possible to schedule a repair appointment in the VanMoof stores in the Netherlands. Depending on the outcome of the sales process, it will be decided if repairs in the VanMoof stores are continued.

My bike is under repair in a Dutch VanMoof repair shop. Can I collect my bike?

Yes, all repaired and unrepaired bikes that are owned by riders and currently located in one of the VanMoof repair stores in the Netherlands, can be picked up by the riders. In the week of 31 July – 4 August the shops in Amsterdam, Utrecht and Rotterdam were open to pick up your bike. The last possibilities to pick up your bike are:

Amsterdam East: on 16, 17 and 18 August 2023 from 10 AM till 6 PM

Amsterdam West: on 16, 17 and 18 August 2023 from 10 AM till 6 PM

Rotterdam: on 5 and 16 August 2023 from 10 AM till 6 PM

Utrecht ( shop and warehouse): on 5, 16, 17, 18 and 19 August 2023 from 10 AM till 6 PM

I need to order a spare part for my bike. When will this be possible again?

Earlier this year VanMoof already stopped selling/shipping individual spare parts to customers. Depending on the outcome of the sales process, it may be possible that this option is offered again. 

Prepayments and refunds

The trustees are aware of the prepayments made and the refunds requested. Details thereof are known. Irrespective of the own responsibility of the customers to safeguard and investigate their rights in relation to orders and payments made; for the customers that wish to file these claims in the bankruptcy proceeding, the trustees are setting up specific procedures for that. Further information on this specific procedure will be provided after the sales process is completed. 

Should I cancel my order? What happens then?

If you cancel your order but you have already made a pre-payment, please see the answer to the previous question.

Suppliers:

Introduction

On 17 July 2023, the court of Amsterdam, withdrew the suspension of payment proceeding of the Dutch legal entities VanMoof Global Holding B.V., VanMoof B.V. and VanMoof Global Support B.V. are declared these entities bankrupt. The two administrators Mr. Padberg and Mr. De Wit have been appointed as trustees. The VanMoof legal entities outside the Netherlands are not in insolvency proceedings.

The trustees are currently assessing the situation at VanMoof and are investigating the possibilities of a re-start out of bankruptcy by means of an asset sale to a third party, so that the activities of VanMoof can be continued.

This FAQ will be updated regularly when more information becomes available.

I have a claim on VanMoof, where can I submit it?

We invite you as a B2B creditor to submit your claim online via https://www.ClaimsAgent.nl. Please make sure that you submit your claim in the creditor’s list of the correct entity, being the entity you have an agreement with (VanMoof B.V., VanMoof Global Holding B.V. or VanMoof Global Support B.V.). Even if you have already submitted your claim by email or via regular post, it is still needed that you submit the claim in ClaimsAgent. 

You register as a creditor through a secure internet connection, then you will receive login information to access your own account. Please also upload supporting documents for your claim in ClaimsAgent (e.g. invoices, order confirmations, correspondence). As a result, the claim is immediately placed on the creditor list. You will receive an official confirmation of this by e-mail. 

For customers (B2C): please note that you will separately be informed by the trustees about the procedure to submit a claim in the bankruptcy. 

How long will it take to get my claim refunded?

It is at this moment not possible to estimate whether a (partial) payment can be made to the creditors. You will receive an e-mail via ClaimsAgent automatically if there is more

information regarding possible payments to creditors. Please take into account that it will take on average one year before we can determine if there will be any distribution possible to the creditors, and to what extent.

I have delivered goods to VanMoof, can I still recover them?

At this moment the District Court of Amsterdam ordered a cooling down period for the duration of two months. This means that any rights of third parties to take recourse against the assets of VanMoof or to claim the handing over of assets which are under control of VanMoof may not be exercised without the authorization of the trustees. In the event you have (or pretend to have) a right of ownership on certain objects, for example based on a reservation of title (‘eigendomsvoorbehoud’), please inform the trustees via ClaimsAgent within two weeks as from now, and please provide us with evidence of your pretended right of ownership, including an exact specification of the objects you allegedly own.

With regard to customers who have their bike under repair in one of VanMoof’s brand stores, please refer to the FAQs above for customers. 

Do I need to continue my services to VanMoof?

If not differently communicated by the trustees, pre-paid services should be continued as usual and as agreed between you and VanMoof before the bankruptcy.

With regard to the non pre-paid services, please send an e-mail to insolventie.amsterdam@hvglaw.nl.

I have a claim on a VanMoof entity outside of the Netherlands, where can I submit this claim?

The VanMoof entities outside of the Netherlands are not bankrupt at this moment. Your can only submit your claim in ClaimsAgent with regard to the Dutch entities: VanMoof Global Holding B.V., VanMoof B.V. and VanMoof Global Support B.V.

Where can I find more information about the bankruptcy?

We refer to the public reports for more information on the process of the bankruptcy. These reports are open for public inspection at the court of Amsterdam and are also published in the Central Insolvency register, which can be found on the following website: http://insolventies.rechtspraak.nl. 

We expect to publish a first public report approximately one month after the date of bankruptcy.