General terms and conditions

General terms and conditions The Vintage Company

Definitions

1. The Vintage Company: The Vintage Company, established in Tilburg under the KvK nr. 53935705.
2. Customer: the person with whom The Vintage Company has entered into an agreement.
3. Parties: The Vintage Company and the customer together.
4. Consumer: a customer who is also an individual and acts as a private person.

Applicability of the general conditions

  1. These conditions apply to all offers, quotations, work, orders, agreements and deliveries of services or products by or on behalf of The Vintage Company.
  2. Parties can only deviate from these conditions if they have explicitly agreed so in writing.
  3. Parties
    explicitly exclude
    the applicability of additional and/or different general conditions from the customer or
    third parties.

Prices

  1. All prices quoted by The Vintage Company are in euro's, include VAT and are exclusive of possible other costs such as administration costs, levies and travel-, shipment- or transport costs, unless explicitly stated otherwise or agreed otherwise.
  2. All prices used by The Vintage Company for its products or services, published on the website or otherwise, can be changed by The Vintage Company at all times.
  3. Price increases of cost prices of products or parts of products, which The Vintage Company could not foresee at the time of making the offer or realising the agreement, can cause a price increase.
  4. The consumer has the right to dissolve an agreement as a result of a price increase as mentioned in paragraph 3, unless the increase is the result of a legal regulation.

Samples and models

If the customer has received a sample or model of a product, he may not derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Consequences of late payment

  1. If the customer does not pay within the agreed period, then The Vintage Company is entitled to charge the legal interest of 2% per month for non-trade transactions, starting from the day the customer is in default, whereby a part of a month will be counted as a whole month.
  2. If the customer is in default, then he/she also owes extrajudicial collection costs and possible damages to The Vintage Company.
  3. The collection costs are calculated according to the Besluit vergoeding voor buitengerechtelijke incassokosten (Dutch Extrajudicial Collection Costs Decree).
  4. If the customer does not pay in time, The Vintage Company is entitled to suspend its obligations until the customer fulfils his
    payment obligation.
  5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of The Vintage Company on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by The Vintage Company, then the customer is still
    obliged to pay the agreed price to The Vintage Company.

Right of advertising

  1. As soon as the customer is in default, The Vintage Company has the right to invoke the right of complaint concerning the unpaid products delivered to the customer.
  2. The Vintage Company invokes the right of complaint through a written or electronic communication.
  3. Once the customer has been informed about the invoked right of complaint, the customer must immediately return the products to which this right relates to The Vintage Company, unless parties agree otherwise.
  4. The costs of returning or bringing back the products are for the account of the customer.


Right of withdrawal

  1. A consumer can dissolve an online purchase during a cooling off period of 14 days without giving a reason, on the condition that:
    - The product is not used.
    - It is not a product that spoils quickly, such as food or flowers
    . It is not a product that has been customised for the consumer.
    - It is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.).
    - The product is not a travel, transport ticket, catering order or a form of leisure activity.
    - The product is not a separate magazine or newspaper.
    - It does not concern an (order for) emergency repair.
    - The consumer has not waived his right of withdrawal.




  2. The cooling off period of 14 days as mentioned in paragraph 1 starts:
    - On the day after the consumer has received the last product or part of 1 order once the consumer has received the first product in a subscription.
    - As soon as the consumer has purchased a service for the first time.
    - As soon as the consumer has confirmed that he will purchase digital content via the Internet.

  3. The consumer can make his appeal to the right of withdrawal known through the form on the website or via contact@
  4. The consumer is obliged to return the product to The Vintage Company within 14 days after the announcement of the right of withdrawal, in default of which the right of withdrawal expires.


Reimbursement of delivery costs

  1. The delivery costs for orders within the Netherlands and Belgium are for the account of The Vintage Company. If orders are shipped outside these countries the customer needs to pay the delivery costs.
  2. The consumer is responsible for providing a correct delivery address. If The Vintage Company has to make extra costs as a result of a wrongly given address, these costs are on behalf of the consumer.


Reimbursement return costs

If the consumer makes use of his/her right of withdrawal and returns the complete order on time, then the costs for returning the complete order are for the account of the consumer.


Right of withdrawal

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


Right of retention

  1. The Vintage Company can make an appeal to its right of retention, and in this case hold on to the customer's products until the customer has paid all outstanding bills towards The Vintage Company, unless the customer has provided sufficient security for these costs.
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to The Vintage Company.
  3. The Vintage Company is never liable for any damage the customer may suffer as a result of using its right of retention.


Settlement

Unless the customer is a consumer, the customer waives the right to set off a debt to The Vintage Company against a claim against The Vintage Company.

Retention of title

  1. The Vintage Company remains the owner of all delivered products until the customer has completely fulfilled all his payment obligations towards The Vintage Company under any agreement made with The Vintage Company, including claims for shortcomings in the performance.
  2. Until then The Vintage Company can invoke its retention of title and take back the items.
  3. Before the ownership is transferred to the customer, the customer is not allowed to pawn, sell, alienate
    or otherwise encumber
    the products
    .
  4. In case The Vintage Company invokes its retention of title, the agreement is considered dissolved, and
    The Vintage Company has the right to claim damages, lost profits and interest.


Delivery

  1. Delivery takes place as long as stock lasts.
  2. Delivery takes place at The Vintage Company, unless parties have agreed otherwise.
  3. Delivery of products ordered online takes place at the address given by the customer. Any extra costs incurred due to an incorrectly specified address are at the expense of the customer.
  4. If the agreed amounts are not paid or not paid in time, The Vintage Company has the right to
    suspend
    its
    obligations until the agreed part is paid.
  5. In case of late payment there is a situation of creditor default, with the consequence that the customer cannot hold a late delivery against The Vintage Company.


Delivery time

  1. The delivery periods stated by The Vintage Company are indicative and when exceeded do not give the customer the right to dissolution or compensation, unless parties explicitly agree otherwise in writing.
  2. The delivery period starts when the customer has completed the (electronic) ordering process and has received an (electronic) confirmation from The Vintage Company.
  3. Exceeding the specified delivery period gives the customer no right to compensation, nor the right to dissolve the agreement, unless The Vintage Company is not able to deliver within 14 days after a written notice to do so, or when parties have agreed otherwise.


Actual delivery

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


Transport costs

The transport costs are for the account of the customer, unless parties have agreed otherwise.


Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, then the customer should, before accepting the product, make a note of this by the delivery person, failing which The Vintage Company can not be held responsible for any damage.
  2. If the customer is responsible for the transport of a product, the customer must report any visible damage to the product or the packaging to The Vintage Company prior to the transport. In default of which The Vintage Company can not be held responsible for any damage.


Storage

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

2. Any additional costs resulting from the premature or late acceptance of products will be borne entirely by the customer.

3. Possible extra costs as a result of premature or late delivery of products are the sole responsibility of the customer.


Warranty

  1. The warranty regarding products applies only to defects caused by faulty workmanship, construction or materials.
  2. The warranty does not apply in case of normal wear and tear and in case of damage caused by accidents, changes made to the product, negligence or inexpert use by the customer, or when the cause of the defect cannot be clearly determined.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment that they are legally and/or actually delivered, or at least come under the control of the customer or a third party who receives the product on behalf of the customer.


Exchange

The exchange of purchased items is only possible if the following conditions are met:

  1. Exchange takes place within 14 days after purchase against submission of the original invoice and the product is returned in its original packaging or with the original (price) cards still attached and
    the product has not yet been used.
  2. Discounted articles, non-durable articles such as food, custom-made articles or articles specially adapted for the customer and cannot be exchanged.


Indemnification

The customer safeguards The Vintage Company against all third party claims related to the products and/or services delivered by The Vintage Company.


Complaints

  1. The customer needs to check a product or service delivered by The Vintage Company for possible shortcomings as soon as possible.
  2. In case a delivered product or service doesn't meet the expectations of the customer, then the customer has to inform The Vintage Company as soon as possible, but within 1 month after the deficiencies were discovered.
  3. Consumers must notify The Vintage Company within 1 month after the observations of the shortcomings.
  4. The customer must give a detailed as possible description of the shortcomings, so that The Vintage Company is able to react adequately.
  5. The customer should prove that the complaint is about an agreement between parties.
  6. If a complaint concerns work in progress, then this can in no way lead to The Vintage Company being held to perform other work than agreed.


Notice of default

  1. The customer must make a written notice of default known to The Vintage Company.
  2. It is the responsibility of the customer that a notice of default actually reaches The Vintage Company (on time).


Joint and several liability customer

If The Vintage Company enters into an agreement with more than one customer, then each of these customers is severally liable for the full amounts which they owe to The Vintage Company as a result of the agreement.


Liability The Vintage Company

  1. The Vintage Company is only liable for any damage which the customer suffers if and when that damage is
  2. The Vintage Company is only liable for any damage which the customer suffers if and insofar as the damage was caused by intent or conscious recklessness.
  3. If The Vintage Company is liable for any damage, it is only liable for direct damage which is a result of or is connected with the execution of an agreement.
  4. The Vintage Company is never liable for indirect damage, like consequential loss, lost profit, missed savings or damage to third parties.
  5. If The Vintage Company is liable, then this liability is limited to the amount which is paid out by a closed (professional) liability insurance, and in the absence of a (full) payment by an insurance company of the damage amount, then the liability is limited to the (part of the) invoice amount to which the liability relates.
  6. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and apply only approximately and can not lead to damages and / or (partially) terminate the agreement and / or suspend any obligation.


Term of expiry

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


Right of dissolution

  1. The customer has the right to dissolve the agreement if The Vintage Company fails imputably in the fulfillment of his obligations, unless this failure is not justifiable for the dissolution due to its special nature or minor importance.
  2. If the fulfillment of the obligations by The Vintage Company is not permanently or temporarily impossible, then the termination can only take place after The Vintage Company is in default.
  3. The Vintage Company has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his obligations under the agreement, or if The Vintage Company has knowledge of circumstances which gives him good reason to fear that the customer will not be able to fulfil his obligations properly.


Force majeure

  1. In addition to the provisions of article 6:75 of the Dutch Civil Code applies that a shortcoming of The Vintage Company in the compliance of any obligation towards the customer can not be held accountable to The Vintage Company in a situation which is independent of the will of The Vintage Company, as a result of which the compliance of his obligations towards the customer is fully or partly impeded, or as a result of which the compliance of his obligations can not reasonably be expected from The Vintage Company.
  2. Among the force majeure situations mentioned in paragraph 1 are also included - but not limited to -: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
  3. In the event of a force majeure situation which prevents The Vintage Company from honouring one or more obligations to the customer, then these obligations will be postponed until The Vintage Company can honour them again.
  4. From the moment a force majeure situation lasts for at least 30 calendar days, both parties are entitled to dissolve the agreement in writing, wholly or partially.
  5. In a force majeure situation The Vintage Company is not obliged to pay any (compensation), not even when it gains any advantage as a result of the force majeure situation.


Modification of the agreement

If after the agreement has been made it becomes necessary for the implementation of the agreement to change or add to the content, then parties will make adjustments to the agreement accordingly, on time and in mutual agreement.


Change general conditions

  1. The Vintage Company is entitled to amend or supplement these general conditions.
  2. Amendments of minor importance can be made at all times.
  3. Major changes regarding content will be discussed by The Vintage Company with the customer as much as possible beforehand.
  4. The customer is entitled to
    terminate
    the agreement in case of a substantial change in the general conditions
    .


Transfer of rights

  1. Rights of the customer arising from an agreement between parties can not be transferred to third parties without prior written permission of The Vintage Company.
  2. This provision is considered to be a clause which has a right to property as meant in article 3:83, paragraph 2 of the Dutch Civil Code.


Consequences of nullity or voidability

  1. If one or more of the provisions of these terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
  2. . A provision which is void or voidable will in that case be replaced by a provision which comes closest to what The Vintage Company had in mind when drawing up the conditions.


Applicable law and competent judge

  1. Every agreement between parties is solely governed by Dutch law.
  2. The Dutch judge in the district where The Vintage Company is located / keeps office
    is exclusively competent to hear any disputes between parties, unless the law obliges otherwise.


Drawn up on 1 November 2021.