Terms and conditions
General Terms and Conditions of Vintage hoarder, located in Haarlem.
Version valid from 01-11-2020
1. General
1.1 These general terms and conditions apply to all offers from Vintage hoarder. The conditions are accessible to everyone and included on the website of Vintage hoarder. We will send you a written copy upon request.
1.2 By placing an order, you indicate that you agree to the delivery and payment conditions. Vintage hoarder reserves the right to change its delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Vintage hoarder.
1.4 Vintage hoarder guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery will take place while stocks last.
2.2 In the context of the rules of distance selling, Vintage hoarder will execute orders within 30 days at least. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be executed in part, the consumer will receive a message within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of Vintage hoarder will, unless proven otherwise, be fulfilled as soon as the items delivered by Vintage hoarder have been offered to the buyer once. In the case of home delivery, the report of the carrier, containing the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All terms mentioned on the website are indicative. No rights can therefore be derived from the terms mentioned.
3. Prices
3.1 Prices will not be increased during the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 We use the margin scheme on VAT. This is a special scheme for the sale of used goods. As a result, the invoices are not provided with a (possibly reclaimable) VAT percentage. Read more about the margin scheme on the website of the tax authorities. Exception on services provided.
3.4 All prices of services provided on the site are in Euros and exclude 21% VAT and are stated on your invoice.
4. Inspection period / right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (article 7:5 BW), the buyer has the right to return (part of) the delivered goods within a period of 14 days without giving a reason. This period starts at the moment that the ordered items have been delivered. If the buyer has not returned the delivered items to Vintage hoarder after this period, the purchase is a fact. Before returning the items, the buyer is obliged to notify Vintage hoarder in writing within 7 working days after delivery. The buyer must prove that the delivered items have been returned on time, for example by means of proof of postal delivery. The items must be returned in the original packaging (including accessories and accompanying documentation) and in their original condition.
If the items have been used, encumbered or damaged in any way by the buyer, the right to cancel within the meaning of this section lapses. In compliance with the provisions of the previous sentence, Vintage hoarder ensures that within 30 days after receipt of the return shipment, the full purchase amount is converted to a credit note worth the purchase amount with a validity of 1 year. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of withdrawal does not apply to:
· services whose execution, with the consent of the consumer, has begun before the term of seven working days.
· goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence
· goods that have been manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character
- goods that have been purchased and paid but left in the storage of Vintage Hoarder for 14 days or longer after payment.
- goods that have been discounted.
5. Data management
5.1 If you place an order with Vintage hoarder, your details will be included in the Vintage hoarder customer file. Vintage hoarder complies with the Personal Data Protection Act and will not provide your data to third parties.
5.2 Vintage hoarder respects the privacy of the users of the website and ensures that your personal data is treated confidentially.
5.3 Vintage hoarder uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6. Warranty and conformity
6.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded.
6.2 A guarantee arrangement offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfilment of the obligations of the entrepreneur on the basis of the law and/or the distance contract.
6.3 The buyer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the buyer must (before returning it to
Vintage hoarder) immediately report these defects in writing to Vintage hoarder. Any defects or incorrectly delivered goods must and can be reported in writing to Vintage hoarder no later than 1 month after delivery. Return of the items must take place in the original packaging (including accessories and accompanying documentation) and in their original condition. Commissioning after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely forfeits this right to complain and return.
6.4 If complaints from the purchaser are found to be justified by Vintage hoarder, Vintage hoarder will, at its discretion, either replace the delivered items free of charge or make a written arrangement with the purchaser regarding compensation, provided that Vintage hoarder's liability and therefore the amount of compensation is always limited to a maximum of the invoice amount of the items in question, or (at Vintage hoarder's discretion) to the maximum amount covered by Vintage hoarder's liability insurance in the relevant case. Any liability of Vintage hoarder for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.
6.5 Vintage hoarder is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
6.6 This guarantee does not apply if: A) and as long as the purchaser is in default towards Vintage hoarder; B) the buyer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or have otherwise been treated carelessly or in conflict with the instructions of Vintage hoarder and/or the instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used;
7. Offers
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 If the buyer accepts a non-binding offer, Vintage hoarder reserves the right to revoke the offer or deviate from it within 3 working days after receipt of that acceptance.
7.3 Verbal commitments only bind Vintage hoarder after they have been expressly confirmed in writing.
7.4 Offers from Vintage hoarder do not automatically apply to repeat orders. 7.5 Vintage hoarder cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only valid if agreed in writing.
8. Agreement
8.1 An agreement between Vintage hoarder and a customer is concluded after an order has been assessed for feasibility by Vintage hoarder.
8.2 Vintage hoarder reserves the right to refuse orders or assignments without giving reasons or to accept them only on the condition that the shipment is made by cash on delivery or after advance payment.
9. Images and specifications
9.1 All images; photos, drawings etc.; including data concerning weights, dimensions, colours, images of labels, etc. on the website of Vintage hoarder are only approximate, are indicative and can not give rise to compensation or termination of the agreement.
10. Force majeure
10.1 Vintage hoarder is not liable if and to the extent that its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any external cause, as well as any circumstance that in all fairness should not be at its risk. Delays or non-performance by our suppliers, disruptions in the Internet,
disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers
and/or manufacturers of Vintage hoarder as well as of assistants, illness of personnel, defects in auxiliary or
transport equipment are expressly considered force majeure. 10.3 In the event of force majeure, Vintage hoarder reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the
agreement be amended in such a way that execution remains possible. Under no circumstances is Vintage hoarder obliged to pay any fine or compensation.
10.4 If Vintage hoarder has already partially fulfilled its obligations upon the occurrence of the force majeure, or can only partially fulfil its obligations, it is entitled to invoice the already delivered or deliverable part separately and the purchaser is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11. Liability
11.1 Vintage hoarder is not liable for damage to vehicles or other objects caused by incorrect use of the products. Read the instructions on the packaging before use and/or consult our website.
12. Retention of title
12.1 Ownership of all items sold and delivered by Vintage hoarder to the buyer remains with Vintage hoarder as long as the buyer has not paid Vintage hoarder's claims under the agreement or previous or subsequent similar agreements, as long as the buyer has not yet paid the work performed or yet to be performed under this or similar agreements and as long as the buyer has not yet paid Vintage hoarder's claims for failure to comply with such obligations, including claims for fines, interest and costs, all as referred to in article 3:92 of the Dutch Civil Code.
12.2 The items delivered by Vintage hoarder that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The buyer is not authorised to pledge the items that fall under the retention of title or to encumber them in any other way. 12.4 The buyer hereby gives unconditional and irrevocable permission to Vintage hoarder or a third party to be appointed by Vintage hoarder to enter all places where its property is located and to take those items with it in all cases in which Vintage hoarder wishes to exercise its property rights.
12.5 If third parties seize the items delivered under retention of title or wish to establish or assert rights thereto, the buyer is obliged to inform Vintage hoarder of this as soon as may reasonably be expected.
12.6 The buyer undertakes to insure the items delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Vintage hoarder upon first request.
13. Applicable law/competent court
13.1 Dutch law applies to all agreements. 13.2 Disputes arising from an agreement between Vintage hoarder and buyer, which cannot be resolved by mutual agreement, will be heard by the competent court within the district of Haarlem, unless Vintage hoarder prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court.
We will provide our conditions upon request by email info@vintagehoarder.com