1. Applicability of These Terms and Conditions

1.1 These terms and conditions of Application apply to allDiscounts, agreements, and deliveries relating to products sold on by andVij5 . In these terms and conditions, the counterparty of Vij5 will hereinafter be referred to as “the buyer.”

1.2 The buyer’s terms and conditions of purchase shall not exclude or limit the applicability of these general terms and conditions.

2 Discounts and agreements

All Discounts and price quotes from Vij5 are non-binding.

3 Delivery Times

The delivery times listed at by andVij5 are indicative and should not be considered strict deadlines, unless expressly agreed upon.

4 Change in Circumstances and Force Majeure

In the event that Vij5 is unable to perform the agreement due to force majeure, it shall be entitled to terminate the agreement (in whole or in part) or to suspend its obligations until the force majeure situation has ended.

5 Deviations

All information, models, and images regarding colours, as well as materials, dimensions, and finishes, are provided for illustrative purposes only. Minor deviations from these specifications shall not constitute grounds for rejection, a price reduction, termination of the agreement, or compensation.

6 Deliveries

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

7 Risk

The risk for the products to be delivered passes to the buyer the moment the products leave the Vij5 warehouse.

8 Refusal of Delivery: by (Buyer)

If the buyer refuses a delivery, Vij5 may charge the buyer for any resulting costs. In addition, Vij5 has the right in such a case to terminate the agreement, without prejudice to its right to claim full compensation for damages.

9 Payment

Vij5 is entitled at any time to require (partial) payment in advance.

If delivery is made on account, payment of the invoice amount must be made within 14 days, and the buyer is not entitled to any discount or setoff.

If, after the payment deadline has expired by Vij5 , no (full) payment has been received, the buyer is in default and owes interest at the statutory rate. All costs incurred by Vij5 in connection with late payments shall be borne by the buyer. Extrajudicial costs are set at a minimum of 10% of the invoice amount, with a minimum of €150, excluding VAT.

10 Authority to Suspend

If the buyer is in default or if Vij5 has good reason to fear that the buyer will not fulfill its obligations, or will not fulfill them in full and/or on time, Vij5 is authorized to (partially) suspend the performance of its obligations under all agreements in effect between the parties (in whole or in part) or to terminate these agreements in whole or in part without notice of default or judicial intervention and without being liable for any damages, and all of the buyer’s obligations, if any, shall become immediately due and payable.

11 Retention of Title

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

12 Advertisements

Within 10 days of receiving the products—and in the case of visible defects—the buyer must, if Application deems it necessary, submit a precise and detailed written statement of their objections regarding the delivered goods to Vij5 .

The buyer is required to inspect the products delivered to him before putting them into use (or having them put into use), applying them, or selling them.

13 Returns

A 14-day statutory cooling-off period applies to purchases made by phone and via the webshop . For purchases made at the Vij5 showroom, there is no cooling-off period ( Application). 

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

Returns of delivered products may only be made after approval and upon receiving instructions from Vij5 regarding the shipping method. Therefore, please 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 owns and retains all intellectual property rights that pertain to or may be established with respect to the design.

15 Liability for Damages

by 15.1 Vij5 is not liable for any damages suffered by the buyer as a result of a breach of contract, tort, or otherwise, unless such damages are the direct and sole result of gross negligence or willful misconduct on the part of Vij5.

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

15.3 Damages consisting of lost profits or reduced revenue shall in no event be eligible for compensation.

15.4 Damages related to damage to or loss of property or to personal injury are eligible for compensation up to an amount not exceeding the invoice amount pertaining to the (partial)
delivery, provided that this amount shall not exceed €45,000 and, in any case, shall at all times be limited to the maximum amount that the insurer pays to Vij5 in the relevant case.

15.5 The Buyer shall indemnify Vij5 against any claims for compensation for damages caused by third parties engaged at the Buyer’s request and with the Buyer’s consent in the performance of the agreement, or for damages caused by materials supplied to by third parties at the Buyer’s request and with the Buyer’s consent.

15.6 Vij5 is not liable for damage caused by by improper use of the delivered goods or by by using them for a purpose other than that for which they are suitable according to objective standards.

16 Warranty

Application offers a 6-month warranty against defects in materials and workmanship if a problem arises after normal use, handling, and/or assembly. If a problem occurs, the item(s) must be returned to Vij5 for further evaluation.

Vij5 Under no circumstances shall liability be incurred for consequential damages.

17 Dutch law

This agreement is governed by Dutch law ( Application). In the event of a dispute, the court where the designer is located shall have jurisdiction, unless this conflicts with the regulations regarding the relative jurisdiction of small claims courts.