1. Definitions
In these general terms and conditions the following terms have the following meanings:
SitOnVintage: User of these general terms and conditions, registered in the Dutch Trade Register under number 76841693 and acting under de names SOV Beheer BV/SitOnVintage BV
Customer: The person or business entity who enters into an agreement with SitOnVintage or to whom SitOnVintage has submitted an offer.
In writing: correspondence by post and e-mail.
2. Applicability
2.1. These general terms and conditions apply to all agreements between SitOnVintage and the Customer.
2.2. The applicability of any general terms and conditions used by the Customer is explicitly rejected.
2.3. In the event of a conflict between the provisions in these general terms and conditions and the provisions in the agreement, the provisions in the agreement will prevail.
3. Offer and agreement
3.1. Quotations (“offertes”) drawn up by SitOnVintage are without obligation and are valid until the date stated in the quotation. If no date is mentioned in the quotation, it is valid for 14 days after sending.
3.2. Upon acceptance of an offer, SitOnVintage reserves the right to withdraw the offer within two working days after receipt of the acceptance.
3.3. SitOnVintage cannot be held to quotations if the Customer reasonably understands or should understand that the quotation, or any part thereof, contains an obvious mistake or clerical error.
3.4. There is an agreement between parties if the acceptance of the offer has been confirmed by SitOnVintage.
4. Price and payment
4.1. The Customer receives the invoice electronically. The customer is obliged to pay the invoice within 8 days, unless otherwise agreed.
4.2. Previous quotations and prices for earlier agreements cannot be invoked for new agreements.
4.3. The Customer is not permitted to set off the invoice against a claim against SitOnVintage or to suspend any payment.
4.4. If the Customer has not paid the invoice amount within the period specified in article 4.1, it is legally in default without further notice of default being required. In the event of default, in addition to payment of the invoice amount, all costs incurred in obtaining settlement – in and out of court – and the costs for collection, will be borne by the Customer. The Customer also owes interest, equal to the statutory commercial interest, which is calculated on the amount due from the moment that the Customer is in default until the moment of payment of the full amount owed.
4.5. Products are delivered under retention of title (“eigendomsvoorbehoud”) and remain the property of SitOnVintage until they have been paid in full.
5. Fulfillment of the agreement
SitOnVintage
5.1. Customer is aware that SitOnVintage sells antique and vintage design, and used products. As far as known, the products and any defects are always described as completely as possible by SitOnVintage. Traces of use, wear and age are normal.
5.2. Products are subjected to an inspection before they are offered. However, SitOnVintage does not give any warranty on the products. The Customer is free to inspect the offered products before proceeding to purchase.
6. Delivery
6.1. Products can be picked up in the warehouse or they can be delivered to your home. The risk will transfer to Customer at the moment the package is handed over to the Customer (or a third party assigned by him) by the postal service or our own delivery service. When choosing another postal service than Post NL, the risk will transfer to Customer at the moment the package is handed over to this postal service or shipper.
6.3. The moment of delivery is, both for delivery and collection, the moment that the product is handed over to the Customer (or 3rd party assigned by Customer)
7. Right of withdrawal for EU Consumers
7.1 If the Client is a natural person living in the European Union who does not act in the course of a profession or business (hereinafter: Consumer) and has purchased a product by means of a distance contract (meaning by internet, mail or phone order), the Consumer may withdraw from the contract during a cooling-off period of 14 days without giving reasons. This cooling-off period starts on the first day after receipt of the product by the Consumer or a representative designated by the Consumer and announced to the Company.
7.2 During the cooling-off period, the Consumer is obliged to treat the product and its packaging with the utmost care. The Consumer may open the packaging and inspect the product only to the extent necessary to determine the nature of the product. If the Consumer wishes to exercise the right of withdrawal, the Consumer shall be obliged to return the product and all materials supplied within its original state and packaging to SitOnVintage, in accordance with the reasonable and clear instructions of SitOnVintage.
7.3 The Consumer can withdraw from the contract in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to SitOnVintage, within the cooling-off period referred to in paragraph 1. As quickly as possible, but no later than 14 days after the day of reporting the withdrawal, the Consumer is obliged to return the product to SitOnVintage, or hand it over to (a representative of) SitOnVintage.
7.4 The costs related to the return shipment are for the Consumer’s account. This means that the Consumer will have to pay the costs of returning the product. Any shipping costs paid by the Consumer for the delivery of the product and the purchase price paid for the product will be refunded to the Consumer if the entire order is returned in accordance with this article 3.
7.5 The Consumer shall be liable for any devaluation of the product or the packaging that is a consequence of the Consumer handling the product other than as permitted in paragraph 2 above.
7.6 The right of withdrawal does not apply to products that the Company has created in accordance with the Consumer’s specifications.
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