1 Applicability of these conditions
1.1 These conditions apply to all offers, agreements and deliveries concerning products realised by Vij5 . In these 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 by Vij5 are without obligation.
3 Delivery times
Stated delivery times by Vij5 are indicative and should not be regarded as deadlines, unless this has been expressly agreed.
4 Changes in circumstances and force majeure
In the event that Vij5 is unable to comply with the agreement due to force majeure, it will be entitled to dissolve the agreement (partially) or to suspend its obligations until the force majeure situation has 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 purchaser at the moment the products have left the storage area of Vij5 .
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 demand (partial) advance payment.
If delivery is made on account, payment of the invoice amount must be made within 14 days, without the purchaser being entitled to any discount or settlement.
If after the expiry of the payment term Vij5 still has not received (full) payment, the buyer is in default and he owes interest equal to the statutory interest. All costs made by Vij5 , in connection with late payments, are at the expense of the buyer. The extrajudicial costs are set at 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 his obligations under the agreement with Vij5 .
Within 10 days of receipt of the products - and in the case of external defects - the purchaser must notify Vij5 in writing, if applicable, of their objections to the delivered products, accurately and in detail.
The purchaser is obliged to check the products delivered to him before they are used, applied or sold.
A statutory cooling-off period of 14 days applies to telephone purchases and purchases via the webshop. No cooling-off period applies to purchases in the Vij5 showroom.
Products can only be returned in undamaged condition in original product packaging.
Return shipments of delivered products can only take place after approval and with instructions from Vij5 on how to ship. Therefore, please always contact us first.
The return costs are always at the expense 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 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.