Terms and Conditions Vintage virus.
Article 1 Definitions
In these conditions apply:
Consumer: Under customer is defined any visitor to the shop, natural or legal person who places an order via VintageVirus.nl.
Day: calendar day;
Transaction Duration: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;
Durable medium: any means that the consumer or business that enables information to him personally, store in a way that future consultation and unaltered reproduction of the stored information.
Standard form: the model withdrawal form that allows the operator available that can fill a consumer if he wants to exercise his right of withdrawal.
Grace period: The period within which the consumer can exercise his right of withdrawal;
Right of withdrawal: the ability for consumers to see within the waiting period of the contract. This right of withdrawal isn’t applicable for business transactions, they are always binding and include a payment obligation;
Entrepreneur: the natural or legal products and / or remote services to the consumer;
Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication;
Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area.
Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 Identity of the entrepreneur
Vintage Virus V.O.F.
Telephone: +31 6 24410292 (available Monday – Friday from 09 to 21 hours).
Commercial Register: 62003151
VAT identification number: NL854589478B01
Bank account number: NL93RABO0300674325 t.n.v. Vintage Virus
Article 3 Applicability
3.1 These Terms and Conditions apply to all orders through the webshop VintageVirus.nl.
3.2 By placing an order the customer accepts the applicability of these Terms and Conditions.
3.3 These Conditions may be waived only if expressly agreed in writing and in which case the other provisions of these Terms and Conditions remain in full force
3.4 Situations that are not covered by these terms and conditions, to be assessed ‘in the spirit’ of these general conditions.
3.5 Uncertainties on the interpretation or content of one or more provisions of our terms must be interpreted “in the spirit of these terms and conditions.
3.6 Vintage Virus reserves the right to modify or supplement the right to these Terms and Conditions from time to time.
Article 4 Confidentiallity
4.1 The information provided by the customer will be treated confidentially by Vintage Virus. More information about this can be found in our privacy statement.
Article 5 The offer
5.1 Vintage Virus mostly sells used items (vintage, second hand), this is not to exclude any use. Without asking for further information, you agree to the condition of the item is located. We try to show the product as carefully as possible and to show the photos in what state the product is at that moment. If you appreciate that we deliver the goods to you, we recommend that you check out the product first. This ensures that the state of the product meets your expectations.
5.2 Information, description, photos / images, communication via telephone or provided via email by Vintage Virus regarding the offer will be as accurately as possible. Vintage Virus does not guarantee that all information about the products is consistent. Any deviations do not qualify for compensation and / or termination of the agreement. If the product fully deviates from the information on the website, Vintage Virus will take appropriate measures to accommodate the customer.
5.3 Vintage Virus sells lighting (lamps) often with the original wiring that not always complies with the current regulations / standards. Vintage Virus recommends before use, to consult an electrician. Vintage Virus sells vintage lamps without bulbs.
5.4 Vintage Virus can not be held to its offer if the customer, in terms of reasonableness, should have understood that the offer contains an obvious mistake or error.
5.5 Products can not be immediately removed from the site after ordering. So it is possible that a product is ordered / requested simultaneously by two customers. If this happens it is sold to the person whom the product is first ordered.
Article 6 Prices & payment
6.1 All Vintage Virus prices are expressed in euros. All prices exclude shipping or delivery.
6.2 About 99% of the Vintage Virus items offered are margin items (so no VAT products) and fall under the margin regulation. When margin items, no VAT shown on the invoice. VAT is not deductible.
6.3 Orders can be paid in the following ways using the Vintage Virus website:
– Cash payment upon pick-up of the order (this is done by appointment, in consultation with the customer, but it must be done after the order within 5 days)
– Payment in advance by bank transfer; the customer is the amount including shipping to bank account number (IBAN): NL93RABO0300674325 t.n.v. Vintage Virus (Amsterdam), stating the item description and the SKU number. Within a maximum period of 5 days the amount due on the relevant bank account must be credited. Beyond this period, the contract is automatically terminated by Vintage Virus.
– Direct payment by Ideal.
6.4 The ordered product can only be picked up or delivered only when the entire amount bank account is credited on the above account. Retrieving it is also possible to pay cash. Once an item is ordered, this item is reserved for you. You must pick up the product or within 5 days.
6.5 Vintage Virus expressly reserves the right to change prices, especially when under (legal) regulations.
6.6 Special offers are only valid for the period stated on the website relating to that special offer.
6.7 If the customer is not in the country of shipment, the customer is liable for any turnover tax and / or duty
6.8 All prices are subject to typos. For the consequences of typos – and misprints no liability is accepted. With typos Vintage Virus is not obliged to deliver the product according to the erroneous price
6.9 Unless otherwise agreed, the amounts owed by the consumer to be paid within 5 days.
6.10 The consumer is obliged to report any inaccuracies in data supplied or specified payment immediately.
6:11 In case of fault by the consumer, the operator subject to legal restrictions, the right to charge the reasonable costs incurred to the Consumer.
Article 7 Delivery
7.1 Retrieving the goods is by appointment only, this will be done in consultation with Vintage virus. If you pick up to buy a product in the shop, you need to collect this product within 5 days.
7.2 For orders with delivery, please contact us first for the delivery costs.
7.3 The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
7.4 The place of delivery is the address that the consumer makes known to Vintage Virus.
7.5 Subject to what is stated in these terms, the company will execute accepted orders expeditiously within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order.
Article 8 Returns & right of withdrawal
8.1 When purchasing products via the webshop, the consumer can terminate the agreement without giving any reason within 14 days. This period commences on the day following receipt of the product by the consumer. This right of withdrawal is not applical for business transactions or assignments, they are always binding and include a payment obligation
8.2 During this period the consumer will treat the product with care. He will only unpack the product to the extent or use as necessary to assess whether he wishes to retain. If he exercises his right of withdrawal, he will the product with all accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. Vintage Virus reserves the right to refuse returns or to only reimburse a portion of the amount if it is suspected that the products are used or damaged by the customer or third parties.
8.3 If the consumer wishes to exercise his right of withdrawal, he is required to do this within 14 days after receipt of the product. The consumer will do this using the model form. This form can be downloaded here: Model Form withdrawal Vintage virus. Once the consumer has expressed the wish to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods are returned on time, for example through a proof of posting.
8.4 If the customer after the unknowable periods specified in paragraphs 2 and 3 has to want to make use of his right of withdrawal, respectively. Product has not returned to the entrepreneur, the purchase is a fact.
8.5 If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
8.6 If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. This will only be done if the product has already been received back by the merchant,
8.7 The right of withdrawal is not applicable if products are customized.
Article 9 Intellectual property
9.1 The Customer acknowledges that all intellectual property rights to the information, pictures / photos, announcements or other expressions concerning the products and or with respect to the website or its promotion held by Vintage virus. Photos, images of vintage virus may not be used without permission of the owner.
Article 10 Force Majeure
10.1 If one or both parties are hindered due to a circumstance that is not due to negligence, force majeure, both parties are not obliged to fulfill any obligation.
10.2 The parties may suspend the obligations under the agreement continues for the duration of the force majeure. If this period lasts longer than two months, either party is entitled to terminate the agreement without any obligation to pay damages to the other party.
Article 11 Damages
11.1 Vintage Virus can only be held liable for damages to her intent or negligence attributable to, or caused by circumstances that are under its risks.
11.2 Vintage Virus is not liable for damage caused by third parties or for damages resulting from misuse or defect by providing a Vintage virus.
Article 12 Agreement
12.1 An agreement is concluded at the time that a confirmation from a customer e-mail has been sent to an agreement specified e-mail address or as soon via email or telephone by the customer. Once the order is confirmed using one of these media, customers and Vintage Virus have a valid agreement. This will serve here as far as the law allows, as a presumption of evidence.
12.2 Only orders with clearly indicated name, address and telephone number will be considered by Vintage Virus.
12.3 Reserved items will be held for up to 5 days. After these 5 days are reserved items again offered for sale, unless otherwise agreed in writing.
12.4 The entrepreneur can – within the law – inform the consumer’s ability to meet its payment obligations, as well as all facts and factors relevant to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
Article 13 Compliance and Warranty
13.1 Any defects or incorrectly delivered goods must be reported in writing within one day after delivery to the operator.
Article 14 – Disputes
14.1 Contracts between the entrepreneur and the consumer of these terms refer only to Dutch law. Even if the consumer is domiciled abroad.
14.2 The Vienna Sales Convention does not apply.