1 Applicability of these conditions
1.1 These conditions apply to all offers, agreements and deliveries with regard to by design plabel Vij5 realised products. In these conditions the other party of Vij5 will further be 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
2.1 All offers and quotations of Vij5 are without obligation.
2.2 Agreements between Vij5 and the buyer are established by written acceptance by Vij5. Orders can only be cancelled by the buyer with the permission of Vij5 .
3 Delivery times
Specified delivery times by Vij5 have an indicative tenor and are not to be considered as fatal deadlines, unless this has been expressly agreed in writing.
4 Changes in circumstances and force majeure
4.1 If after realization of the agreement the prices of raw materials, wages, import duties, taxes or other external costs (whether or not as a result of currency changes) rise, Vij5 has been entitled its sales price to adjust to this rise. Vij5 will inform the purchaser of such a circumstance as soon as possible, after which the purchaser is then entitled to dissolve the agreement within a period of 8 days.
4.2 In the event Vij5 as a result of force majeure is not able to meet the agreement, he will be entitled his agreement (partially) to dissolve or to suspend his obligations until the force majeure situation will have been terminated. The purchaser is then obliged to pay the already supplied.
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 is transferred to the buyer at the moment that the products have left the storage space of Vij5 , regardless of what has been agreed between Vij5 and the buyer regarding transport and insurance.
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.
9.1 Vij5 is at all times entitled (partial) advance payment to demand.
9.2 If delivery is made on account, payment of the invoice amount must be made within 14 days, without the buyer being entitled to any discount or setoff.
9.3 If after the expiry of the payment term by Vij5 still no (complete) payment has been received, the purchaser is in default and he owes interest equal to the legal interest. All costs incurred by Vij5 , such as process costs and extrajudicial and judicial costs, including the costs for legal assistance, bailiffs and collection agencies, incurred in connection with late payments, are at the expense of the purchaser. The extrajudicial costs are set at a minimum of 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
11.1 All delivered products remain property of Vij5 until the purchaser has met all his obligations by virtue of the agreement towards Vij5 .
11.2 The purchaser will sell products which by virtue of this clause have remained property of Vij5 only to third parties in the framework of the normal exercise of his company.
11.3 If the purchaser does not comply with his obligations from a with Vij5 closed agreement, or if there is justified fear at Vij5 that the purchaser will not comply with his obligations, then Vij5 is entitled supplied products at the purchaser or at third parties, who keep the matter for the purchaser, to retrieve. In that case, the buyer must cooperate fully.
12.1 Within 10 days after receipt of the products - and at external defects without delay the purchaser, if applicable accurately and detailed in writing to Vij5 make his objections concerning the delivered make known.
12.2 Without prejudice to the previous paragraph, the buyer is obliged to check the products delivered to him before using them or having them used, applying them or selling them.
13.1 On telephone purchases and purchases through the webshop is a statutory cooling-off period of 14 days. For purchases in the Vij5 showroom there is no cooling-off period applicable.
13.2 Products can only be returned in undamaged condition in original product packaging.
13.3 Returns of supplied products can only take place after approval and with instructions from Vij5 concerning the manner of sending. Therefore always contact us first.
13.4 The return costs are always at the expense of the customer.
13.5 Returns are not possible on custom-made items.
13.6 On items purchased at a discount we do not give money back but a voucher.
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 relating to damage or loss of an item or to injury of a person will be eligible for compensation up to a maximum of the invoice amount relating to the (partial)
delivery, on the understanding that this amount will not exceed € 45,000 and in any event will be limited at all times to a maximum of the amount that the insurer will pay to Vij5 in the case in question.
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.