terms and conditions
1 Applicability of these conditions
1.1 These terms and conditions apply to all offers, agreements and deliveries relating to products created by Vij5 . In these terms and conditions the other party of Vij5 will be further referred to as 'the buyer'.
1.2 Purchase conditions of the buyer will not exclude or limit the applicability of these general terms and conditions.
2 Offers and agreements
All offers and quotations from Vij5 are without obligation.
3 Delivery times
Stated delivery times by Vij5 are indicative in nature and are not to be considered as deadlines unless expressly agreed upon.
4 Changes in circumstances and force majeure
In the event Vij5 is unable to fulfill the agreement as a result of force majeure, it shall be entitled to (partially) terminate the agreement or suspend its obligations until the force majeure situation shall have ended.
All data, models and images concerning colours, materials, sizes and finish are indicative. Deviations herein may not constitute grounds for rejection, discount, dissolution of the agreement or compensation if these deviations are of minor importance.
Orders will only be delivered carriage paid if this has been expressly agreed. If not carriage paid is supplied, Vij5 is entitled to charge freight costs.
The risk for the products to be delivered passes to the buyer the moment the products have left Vij5 's warehouse.
8 Refusal of delivery by buyer
If the purchaser refuses a supply, Vij5 can charge the resulting costs to him. In addition, Vij5 has in that case the right to dissolve the agreement, without prejudice to the right to claim a total compensation.
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 expiry of the payment term, the buyer shall be in default and shall owe interest equal to the legal interest rate. All costs incurred by Vij5 in connection with late payment shall be borne by the purchaser. The extrajudicial costs are set at least 10% of the invoice amount with a minimum of € 150, - excluding VAT.
10 Suspension authority
If the purchaser is in default or if Vij5 has good ground to fear that purchaser will not or not completely and/or not timely meet his obligations, Vij5 is competent to suspend the implementation of his obligations from all between parties existing agreements (partially) or to dissolve these agreements without notice of default or judicial intervention and without being obliged to any compensation for damages, wholly or partially and all possible obligations of the purchaser become immediately claimable.
11 Retention of title
All delivered products remain the property of Vij5 until the buyer has fulfilled all its obligations under the agreement to Vij5 .
Within 10 days of receipt of the products - and in the case of external defects, the buyer must, if applicable, accurately and in detail notify Vij5 in writing of any objections concerning the delivered goods.
The buyer is obliged to check the products delivered to him before putting them into use, applying them or selling them.
On telephone purchases and purchases through the webshop there is a statutory cooling-off period of 14 days. No cooling-off period applies to purchases in the Vij5 showroom.
Products can only be returned in undamaged condition in original product packaging.
Return of delivered products can only take place after approval and with instructions from Vij5 regarding the method of shipment. Therefore, always contact us first.
Return costs are always the responsibility of the customer.
Returns are not possible on custom-made items.
14 Intellectual property rights
Vij5 has and retains all rights of intellectual property that rest on the design or can be established.
15 Liability for damages
15.1 For damage suffered by the purchaser as a result of shortcoming, wrongful act or otherwise Vij5 is not liable, unless the damage is directly and only the result of gross negligence or intent of Vij5.
15.2 Only that damage qualifies for compensation of which purchaser has irrefutably demonstrated that this is the consequence of a circumstance or event for which Vij5 can be held legally liable.
15.3 Damage in so far as it consists of loss of profit or reduced income shall under no circumstances qualify 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 out by the insurer to Vij5 in the relevant case.
15.5 The purchaser indemnifies Vij5 for claims for compensation of damage that is caused by third parties that on request of and with permission of the purchaser are involved in the implementation of the agreement, or for damage that is caused by materials that on request of and with permission of the purchaser are supplied by third parties.
15.6 Vij5 is not liable for damage caused by incompetent use of the supplied or by the use of it for another purpose than for which it is suitable to objective standards.
A 6 month warranty period applies to defects in materials and workmanship, if an effect occurs, after normal use, treatment and/or assembly. If a problem occurs the item(s) will be returned to Vij5 for further assessment.
Vij5 is in no case liable for consequential damages.
17 Dutch law
This agreement is governed by Dutch law. In the event of disputes, the court where the designer is established has jurisdiction, unless this is contrary to the regulations regarding the relative competence of subdistrict courts.