1 Applicability of these terms and conditions

1.1 These conditions Application to all Discounts, agreements and deliveries regarding products created by Vij5 . In these conditions, Vij5 's other party will be referred to as 'the buyer'.

1.2 Purchasing conditions of the buyer shall not exclude or limit the applicability of these general conditions.

2 Discounts and agreements

All Discounts and quotations from Vij5 are without obligation.

3 Delivery times

Delivery times given by Vij5 are indicative and are not to be considered as deadlines unless expressly agreed upon.

4 Change of circumstances and force majeure

In case Vij5 is unable to fulfill the agreement as a result of force majeure, it will be entitled to (partially) terminate the agreement or to suspend its obligations until the force majeure situation will have ended.

5 Deviations

All data, models and images concerning colors, materials, sizes and finish are indicative. Deviations herein may not constitute grounds for rejection, discount, dissolution of the agreement or compensation for damages, if these deviations are of minor significance.

6 Deliveries

Orders will only be delivered carriage paid if expressly agreed upon. If delivery is not carriage paid, Vij5 is entitled to charge freight costs.

7 Risk

The risk for the products to be delivered passes to the buyer at the time the products have left Vij5 's storage facility.

8 Refusal of delivery by buyer

If the buyer refuses a delivery, Vij5 may charge the resulting costs to the buyer. In addition, in that case Vij5 has the right to dissolve the agreement, without prejudice to the right to claim total damages.

9 Payment

Vij5 is at all times entitled to require (partial) prepayment.

If delivery is made on account, payment of the invoice amount must be made within 14 days, without the buyer being entitled to discount or setoff.

If no (full) payment has been received by Vij5 after the payment term has expired, the buyer will be in default and will owe interest equal to the legal interest rate. All costs incurred by Vij5 in relation to late payments will be charged to the buyer. The extrajudicial costs are set at least 10% of the invoice amount with a minimum of € 150,- excluding VAT.

10 Suspension power

If the buyer is in default or if Vij5 has good reason to fear that the buyer will not or not fully and/or not timely comply with its obligations, Vij5 will be entitled to (partially) suspend the performance of its obligations under all agreements existing between the parties or to (partially) terminate these agreements without notice of default or judicial intervention and without being liable for any damages, and any obligations of the buyer will become immediately due and payable.

11 Retention of title

All delivered products remain the property of Vij5 until the buyer has fulfilled all its obligations under the agreement towards Vij5 .

12 Advertisements

Within 10 days of receipt of the products - and in case of external defects, the buyer must, if Application , accurately and in detail communicate their objections to Vij5 in writing regarding the delivered products.

The buyer is obliged to check the products delivered to him before putting them into use, applying them or selling them.

13 Returns

There is a statutory cooling off period of 14 days for telephone purchases and purchases through the web shop. For purchases in the Vij5 showroom there is no reflection period Application 

Products can only be returned in undamaged condition and in their original product packaging.

Return shipments of delivered products can only take place after approval and with instructions from Vij5 concerning the method of shipment. Therefore always contact us first.

Return shipping costs are always the responsibility of the customer.

Returns are not possible for custom-made items.

14 Intellectual property rights

Vij5 has and retains all intellectual property rights that are or may be vested in the design.

15 Liability for damages

15.1 Vij5 is not liable for damage suffered by the buyer as a result of shortcomings, wrongful act or otherwise, unless the damage is directly and solely the result of gross negligence or intent on the part of Vij5.

15.2 Only those damages will be eligible for compensation for which the buyer has demonstrated conclusively that they are the result of a circumstance or event for which Vij5 can be held legally liable.

15.3 Damages to the extent consisting of lost profits or reduced proceeds shall in no case be eligible for compensation.

15.4 Damage related to damage or loss of an item or injury to a person shall be eligible for compensation up to an amount not exceeding the invoice amount relating to the (partial)
delivery, provided that this amount shall not exceed € 45,000 and shall in any event be limited at all times to a maximum of the amount paid by the insurer to Vij5 in the relevant case.

15.5 The buyer indemnifies Vij5 against claims for compensation for damage caused by third parties that are involved in the execution of the agreement at the request of and with the consent of the buyer, or for damage caused by materials that are supplied by third parties at the request of and with the consent of the buyer.

15.6 Vij5 is not liable for damage caused by inexpert use of the delivered goods or by use thereof for a purpose other than that for which it is suitable according to objective standards.

16 Guarantee

There is a 6 month Application warranty period on defects in materials and workmanship, if an effect occurs, after normal use, handling and/or assembly. If a problem occurs, the item(s) will be returned to Vij5 for further evaluation.

Vij5 is in no way liable for consequential damages.

17 Dutch law

Dutch law Application to this agreement. In case of disputes, the court where the designer is located has jurisdiction, unless this is contrary to the regulations regarding relative competence for cantonal courts.