General Delivery and Payment Conditions

Article 1 - General

1. In these conditions, the purchaser / tenant / client referred to as the counter party and Vintage-Instant.com as the user. Under the repairer means the user or, if the repair is outsourced, the third party that the repair (has) done.

2. These conditions apply to every offer, agreement, sale and purchase, and to any subsequent delivery components, and the provision of services under contracts of assignment, unless otherwise expressly agreed. Under the provision of services is also the rental business. These terms and conditions also apply to the user on the Internet which offer placed by the other party is accepted by the other party orders placed on the Internet and via the Internet by the counter party to the user assigned.

3. Deviations from or additions to these terms and conditions are only valid if the management of the user's writing.

4. If one or more provisions of these terms of delivery and payment conditions are nullified, the remaining provisions of these conditions apply in full. The user and the other party will mutually agree alternative provisions, as much as possible the purpose and content of any void provisions are observed.

Article 2 - Budgets, Quotes, Quotations, Offers and conclusion of contract

1. All budgets, quotes, quotations and offers made by the user, in whatever form, are not binding unless the contrary is explicitly ensues.

2. All in the offer provided by the user pictures, catalogs, drawings, models, designs, and all other data, such as dimensions, etc. are as accurate as possible respectively indicated. Images and descriptions in offers, brochures, catalogs, drawings, models, designs, price lists and other user-supplied declarations bind the user. Promises by and arrangements with employees of the usual.

3. The agreement, if it is a traditional transaction, formed by the acceptance of the offer by the other party. If the other party in the electronic environment for services and / or delivery of a case requests, the agreement concluded at the time that the other party has received a confirmation from the user or when the user implementation has begun.

Article 3 - Price

1. The (sale) price is denominated in euros.

2. Unless otherwise stated, all prices:

  • - including VAT, duties, other taxes, levies and duties;
  • - excluding the costs of packaging, loading and unloading, transport and insurance;
  • - in Euros, any price changes are passed.

3. On the customary packing of the goods free of charge.

4. The prices offered by the user based on the time of the applicable offer, price factors, including, among others, the factory price of the goods, including wage payments. If a contract for services concerned, at the conclusion of the contract a fixed fee to be agreed. If no fixed fee is agreed upon, the fee will be based on the number of hours spent at the applicable hourly rate.

5. If, after the date of the offer or from the date of conclusion of the contract and the delivery date one or more of the cost-determining factors is altered or otherwise in the listing of the user's published prices are changed, the user is entitled to the offer or conclusion of the contract period (purchase) price change and the new (purchase) price to the other party to charge, unless otherwise agreed in writing and subject to the provisions of paragraph 6 of this Article. After the change of the (sale) price can be determined, the user will be entitled to the modified (purchase) price to be recovered in the number of periods in which the original (purchase) price due.

6. If the original price pursuant to paragraph 5 of this Article or under price changes within three months after conclusion of the agreement is increased, except for the situation where a statutory price increase is concerned, the other party the right to terminate the agreement . The termination must be made in writing within five working days after the user the counterpart of the price increase has informed.

Article 4 - Delivery and Risk

1. Unless otherwise expressly agreed, the delivery of the goods at the address given by the other party. The other party will receive the goods there.

2. The risk passes to the other party after delivery.

Article 5 - Delivery times

1. Stated delivery times will never be regarded as deadlines, unless explicitly agreed otherwise. In late delivery, the user must therefore be in writing to be made.

2. The delivery can be made in installments, as the goods are ready or stock. The billing will then also in installments.

3. The other party is obliged to cooperate, so that timely delivery is made possible by the user.

4. The delivery period shall be extended by the time during which the user is a non-attributable failure prevented the delivery can be carried out. If the delivery time is extended on the basis of the considerations, the user due to the prolonged delivery to any compensation account.

4. The delivery period shall be extended by the time during which the user is a non-attributable failure prevented the delivery can be carried out. If the delivery time is extended on the basis of the considerations, the user due to the prolonged delivery to any compensation account.

5. Delays in delivery due to late payments by the counterparty are the sole responsibility and risk of the counterparty.

Article 6 - Payment

1. Unless otherwise agreed by mutual agreement, payment net cash upon delivery of the goods or in case of repair, on receipt of the goods by the other party. Cash includes additional payment of the amount owed on a user account to be designated at the time of delivery, or by means of a giromaatpas or debit card or by any other generally by the Bank recognized form of electronic payment. If payment is made ??by invoice, the payment thereof within 14 days after date of invoice on a user account to be designated.

2. The user is entitled to payment of the counterparty to request a maximum of 50% of the (sale) price if the other party an order to the user posted, or if between the user and the other party a contract agreement is reached with respect to which the entire invoicing and payment is made after completion.

3. To price changes as referred to in Article 3 of these general delivery and payment conditions, the period mentioned in the preceding paragraph shall apply mutatis mutandis as possible.

4. The user is entitled to invoice each partial delivery. If the performance of a contract of split, the user is entitled to partial delivery made ??(s) to demand payment before the remainder supply (s) to perform.

5. All the other party to charge amounts are in excess of any of these conditions or separately agreed payment (s) will be increased by 1.5% (one and a half percent) interest per month, part of a month for a whole month .

6. The user is over in paragraph 1 of this Article shall be of 14 days without further notice be entitled to recover in the payable to it. If the user does not timely pay its claim for collection has passed on to third parties, the other party shall be obliged to complete compensation for extrajudicial collection costs. The extrajudicial collection costs fifteen percent of it including the aforementioned interest of the other party to be recovered, but amounts in all cases at least e 75 (seventy-five euros). The other party will also be obliged to full reimbursement of the legal costs.

7. If the other party with the payment towards the user is in default shall have the right to the further implementation of all current agreements between the parties to suspend until that payment has been made, while - if otherwise agreed - the further delivery cash payment may be demanded.

8. Were allowed to or during the performance of a contract, in the opinion of the user good grounds exist for doubting timely payment by the other party, then the user has the right not to deliver or not to deliver unless it so desires, and to her pleasure by the other party secured for all that the other party to the user is or will be. In the latter case, the user on pain of immediate payment of the price of the goods already delivered and halt any further deliveries of goods, also demand security in time between delivery and payment.

9. The other party shall be liable to the user account under paragraph 8 security for all that he has towards the user is or will be, even if the user has not been transferred to suspension or termination of its delivery performance. The costs of lawyer assistance, service charges and the like on the part of the user cases, hereby increasing the expense of the other party.

10. If the other party is in default with the payment and the user therefore the delivered goods, using the retention referred to in Article 7 of these general delivery and payment take back, the costs borne by the other party.

Article 7 - Ownership

1. The user retains ownership of the goods delivered to the other party, until all its claims on dewederpartij in respect of the consideration for the user to the other party pursuant to any agreement delivered or to be delivered, in respect of the consideration for by the user under any agreement on behalf of the other party provided or to be provided and in respect of damages for the breach of the aforementioned agreements are met.

2. Until ownership of the goods has not been transferred to the other party, may not process these things, pledge, transfer ownership or to one or more third parties any right thereto.

3. The user is hereby irrevocably authorized by the other party under the retention of title back to (do) take without any judicial intervention, warning or notice. The other party must submit to cooperate on pain of a fine of 500 (five hundred euros) per day that he fails. By reversal of the user, the agreement is not terminated, unless the user has notified the other party.

4. The other party undertakes the property delivered to a solid Dutch insurance company to insure and keep insured against fire, explosion and water damage, theft, embezzlement and other damage and loss. The other party is obliged to the policy and / or receipts for payment of insurance on demand by the user to provide it for inspection. The goods delivered under retention of title to the risk of the counterparty.

Article 8 - Quality

1. Unless expressly provided otherwise, normal quality delivered and what type, size, number, etc. per trading unit concerned, the normal commercial practices considered as agreed.

2. The user is entitled to contract a third party to be carried out.

3. The user or the third party engaged, is held the assignment agreement or the agreement relating to the provision of services adequately and reliably and to the provisions of the Agreement is implemented, although the user or the third, within the limits of this obligation, it determines how the work will be performed. The user or the third party, the assignment to the best of its ability and in accordance with the requirements of good workmanship.

Article 9 - Acceptance and Advertising

1. The other party shall upon delivery of the goods to examine the delivered goods conform to the contract. Monitoring the number of goods supplied or for any defects, surplus and / or damage rests with the other party. The other party complains after receipt of the goods immediately on immediately knowable facts that are not correct, as incorrect quantity, incorrect descriptions or errors on the invoice and / or other documents, damages, defects and the like. If not immediately after receiving a complaint is made, these facts are acknowledged as correct or recognizing that the other party has received the goods undamaged. These complaints must, to be valid, the other party immediately after the delivery of the goods to be reported.

2. Externally visible defects or any visible deviations from the specifications should as soon as possible but no later than the day on which the receipt of the delivered goods has occurred, by or on behalf of the other party to the user in writing and motivated to be submitted, failing which the other party shall be deemed to have accepted the goods delivered.

3. Not externally visible defects or not externally visible deviations from the specifications must as soon as possible, but no later than two months after discovery of the defect or by or on behalf of the other party to the user in writing and motivated to be filed.

4. No claims will be accepted in cases where the nature and / or composition is changed or business wholly or partly processed, damaged or removed from their original packaging.

5. If a claim has been in compliance with the aforementioned provisions and the claim is justified, the user will at its option, either pay reasonable compensation not exceeding the invoice value of the complained of the goods supplied or the goods replaced upon return of the originally delivered. Until further damages the user is not required. Indirect damage is never reimbursed.

6. For misunderstandings, mutilations, delays or improper receipt of (ordering) information and communications due to the use of the Internet or other communication traffic between the user and the other party, or between the user and third parties insofar as it relates to the implementation of the agreement between the user and the other party, the user is not liable, unless and insofar as there is intent or gross negligence by the user.

Article 10 - Warranty Goods

1. Subject to the provisions of the following paragraphs of this article and in article 9 above, for the warranty on the user-supplied case solely refer to the warranty of the manufacturer, any warranty provisions are listed in the enclosed manual of the relevant case, if a new case is concerned.

2. To guarantee the user-supplied goods is used, unless the user provided a guarantee is also only refers to the guarantee and the guarantee of the manufacturer, provided that the warranty is then a residual. This means that the warranty relates to the applied by the manufacturer, warranty period, minus the age of the case.

3. The warranty is void if the other party during the period referred to in paragraph 1, repairs or modifications to the delivered items carry out or without the prior consent of the user.

4. The guarantee does not apply if the reported defects are caused by:

  • improper treatment;
  • improper use;
  • failure of proper maintenance;
  • the use of the delivered goods for purposes which are outside the normal use of these things are.

    5. Besides the above commercial guarantee reserves the counterparty complete statutory warranty rights.

    6. The other party can only appeal to the foregoing warranty if proof of purchase and submit the warranty certificate.

    Article 11 - Repairs

    1. The command to repair damaged property by the other party in writing or orally to the user.

    2. If the other party is not entitled to free repair under warranty, the user will allow the other party to provide cost estimate for the work to be performed and a statement of the reasonable period within which repairs will be performed. The specified cost limit and bind the user, unless the parties agree otherwise. It also provides an indication of the shipping and research costs, which the other party will not end if the repair takes place. If, after a closer inspection reveals that the cost of repair will be higher than indicated in the cost, the other party shall be asked whether the case for the higher price will be repaired. Repair takes place only after permission of the other party. If the other party waives repair the agreement is terminated. The other party is then not liable for any damages, except to pay shipping from the store from the user to the repairer and the research costs, in accordance with the above statement. If the other party waives the repair and not to renounce the relevant case the user is owner of the thing, without the other party is obliged to pay compensation for research and / or transportation.

    3. If the approximate delivery date will be exceeded, the user contact the other party in order to agree a new date, without the user also to any form of compensation.

    4. The user shall provide the other party with a specification of the work performed and parts replaced. The parts replaced after repair property of the user and / or repairer, without the latter asking for any compensation due.

    5. The user is entitled to exercise the right of retention on the repair given case, if the other party the costs of repair (partial) does not comply.

    6. If the repair is carried out under warranty, the other party is not entitled to an extended warranty. The original warranty is therefore extend to the original end date. The above provisions, unless the parts repaired by the mechanic a specific individual guarantee has been issued. For repairs that are performed outside the guarantee, which applies to the other party a guarantee provided in accordance with the warranty issued by the mechanic.

    7. If the user has notified the other party of the fact that the repair given case is ready to pick, and the other party to this for six months and after three notices, the latter by registered letter, does not answer, the other party shall be deemed to have waived its ownership in respect of the matter. The user will then be entitled to sell the business and repair costs due to him from the proceeds to recover.

    8. By the other party in case repairs may only be issued by the user are collected on submission of proof of delivery and payment of the repair costs.

    Article 12 - Rental

    1. The matters that are intended for rental are located at the time the lease is entered into in good condition. In good condition in these terms of delivery and payment conditions mean that things have the characteristics needed for normal use. The items must be used according to its destination.

    2. Since the user is the owner of the business, the other party may not process these things, pledge, transfer ownership or grant third parties any right thereto. The other party is also not permitted to use the leased items for no consideration or consideration to donate.

    3. If the goods have a feature by the user, this feature by the other party shall never be obliterated or removed.

    4. The other party is obliged to business with due care and as recognizable property of the user to save. The other party is obliged to insure and keep insured with a solid Dutch insurance company. At the request of the user, the other party a copy of the insurance policy or copies of receipts for the payment of insurance premiums to the user to provide.

    5. The other party is at the end of the lease at any time undertakes to ensure that the leased items are in the same good condition as at the commencement of the lease. Other than the user-leased property will not be accepted by the user.

    6. If the other party fails to meet its obligations under this Article, the costs of recovery, for whatever reason, or is required to be borne by the other party.

    7. The other party is liable for all damages resulting from lost or irreparably unusable or get the goods, whatever the cause. The user will then allow the other party may charge, which compensation upon return of the goods is established. The other party is obliged damage as soon as possible, but within 24 hours, to the user log.

    Article 13 - Inspection by rental Affairs

    1. The user, in terms of day and time in consultation with the other party to determine at any time the right to enter the place or places where the goods are located and doing surveys.

    2. The other party is obliged to do so to cooperate on pain of a fine of 500 (five hundred euros) each time he remains in default.

    Article 14 - Term / Fee / Deposit for rental Affairs

    1. The dates on which the lease term begins and ends, are recorded in the lease. The goods must be on the date specified in the rental agreement by the other party returns are delivered.

    2. If no contract extension is present, the other party is never on extension professions.

    3. In paragraph 1 of this Article shall also the lease fee for the leased fixed that the counterparty to the user due.

    4. If the other party hired not at maturity, as determined in accordance with paragraph 1 of this Article, has returned, this compensation is payable, which is as follows fixed: When exceeding the rental period by up to two days: an amount equal to the agreed rent per day for each day or part of day that the rental period is exceeded. When exceeding the rental period by more than two days, an amount equal to twice the agreed rental price per day for each day or part of day that the rental period is exceeded. The foregoing is without prejudice to the right of the user to claim full compensation.

    5. If the user so desires, the other party is obliged to guarantee the fulfillment of its obligations under the aforementioned lease a deposit to the user to provide. The amount of the deposit in each case is determined by the user and must advance by the party to be satisfied. This deposit also covers any renewals of the lease and any amendments thereof. Moreover, the user is entitled to provide such deposit to legal successors of the user.

    6. The other party is not entitled to set off any amount from the deposit.

    7. If the deposit is tripped, the other party must first request the user for addition to the full amount of care.

    Article 15 - Intellectual Property

    1. All intellectual property rights relating to its website are held exclusively by the user and / or its partners. Under intellectual property rights it includes all patent rights, trademark rights, trade name rights, database rights, design rights, domain names and other intellectual property rights in the Netherlands or elsewhere, in relation to its website and the user in general, including knowhow and trade secrets. You are not permitted in the material or brand identification, and / or any indications regarding copyrights, trademarks or other intellectual property rights, to modify or remove, nor to the material in question or any parts thereof to change or making nor in any way to harm or take unfair advantage of the reputation of the rights of intellectual property of the user.

    2. In the event of an infringement of the rights of intellectual property of Investeringsplein.nl and / or its partners, Investeringsplein.nl reserves the right to thereby damage suffered by it may incur.

    Article 16 - Liability of the User

    1. The user accepts no liability, if committed by a non-attributable shortcoming is unable to perform its obligations tekomen.

    2. Non-attributable shortcoming in these general terms of delivery and payment conditions means any circumstance which fulfillment of the agreement by the user reasonably by the other party can not be required, including at least include war, threat of war, riots, floods, strikes, lockouts, staff shortages, transportation problems, late or improper execution of orders by suppliers, fire, government measures, import and export bans, business interruptions and influences on the weather.

    3. In case of non-attributable shortcoming is the user entitled at its option, either the delivery by the duration of the obstruction, whether the contract insofar as it is affected by the obstruction, to dissolve. If the other party to the user so in writing, the user shall within five working towards its choice to speak.

    4. The user is only liable for damage caused to property of the other party, which is the direct and sole result of the user attributable shortcoming, whereby compensation explicitly only qualifies those damages for which the user is insured, or given the prevailing practice in the industry to use, reasonably assured ought to be. This limitation of liability does not apply if the damage is caused by intent or gross negligence by the user. To compensation of other damages, moral damages and / or consequential damages from the other party is the user account.

    5. For misunderstandings, mutilations, delays, other damage and / or or the improper transmission of (ordering) information and communications due to the use of the Internet or other communication traffic between the user and the other party, or between the user and third parties insofar as it relates to the execution of the agreement between the user and the other party, the user is not liable, unless and insofar as there is intent or gross negligence of the user.

    6. The user is not liable for any damage resulting from the loss, failure, loss etc. of enig photographic (including to understand film, photo, slide and negative material, video or audio tapes, diskettes, electronic media and other picture, sound and / or information-carrying equipment), or for any other damage that is caused to any photographic material during the process of developing and printing, or otherwise, regardless of the reason for the aforementioned damage. If any photographs (including to understand film, photo, slide and negative material, video or audio tapes, diskettes, electronic media and other image, sound and / or information bearing material) is lost and / or damaged during developing and printing, or otherwise damaged or is lost, the user is solely held the counterparty new photographs to offer equal quantity and quality as the counterpart for the development or execution of the contract had been offered. The other party must submit proof of issue of the photographic material that is destroyed, damaged or is lost, to present to the user. The other party is also entitled to the free development and printing of the corresponding photographs.

    Article 17 - Liability of the Other

    If the other party fails to fulfill its obligations within five working days after being notified by the user in writing to comply, the user shall delay the agreement without judicial intervention, preserving any right to compensation.

    Article 18 - Dissolution and Suspension

    1. In the event of termination or suspension of the agreement by the user as a result of a shortcoming of the user, it will not be bound to pay any damages.

    2. If the other party does not timely or not properly fulfill obligations imposed on him by any of the user agreement concluded, or in the event of bankruptcy, suspension of payment or applicability of the debt settlement or attachment against the other party, he shall be deemed to legally in default and the user is entitled without judicial intervention and without notice of the agreement (s) in whole or in part or to suspend, without the user any compensation or guarantee, and subject to the user's further rights. In case of bankruptcy or suspension of payments or attachment against the other party is still paying rent allowance payable immediately and the other party is obliged to immediately notify the trustee, administrator or judgment creditor to notify the user that the owner of the leased items is.

    3. If the other party does not timely or not properly fulfill his obligations arising from the agreement concluded with the user and the user agreement without judicial intervention and without notice wishes to dissolve as mentioned in paragraph 2 above, the user is authorized leased property to the other party at the other party to pick. The costs are borne by the other party. The other party is then required to make immediate payment of the outstanding rent fee. The other party is also obliged by return further damages and costs to the user to compensate.

    Article 19 - Applicable Law

    1. With regard to these general delivery and payment conditions underlying agreement and contracts that may emanate, declare parties to submit to Dutch law.

    2. The applicability of the moment of the conclusion of these general delivery and payment conditions underlying contract or the contracts that may emanate current version of the Vienna Sales Convention is hereby wholly excluded.

    Article 20 - Disputes

    All disputes of any kind - including those by only one of the parties are considered as such - as a result of these general delivery and payment conditions underlying contract or the contracts that may emanate, between the counterparty and the user might arise, will - unless the other party the user writing aware states that he prefers to turn to the competent court which are domiciled belongs - with the exclusion of the jurisdiction of any other body be settled by the competent district court which the user belongs.