1 Applicability of these conditions

1.1 These conditions apply to all offers, agreements and deliveries relating to products created by Vij5. In these conditions, the other party of Vij5 will be further referred to as 'the buyer'.

1.2 The buyer's purchase conditions 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

Delivery times quoted by Vij5 are indicative and are not to be regarded as strict deadlines, unless explicitly agreed otherwise.

4 Change of circumstances and force majeure

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

5 Deviations

All data, models and images relating to colors, materials, sizes and finish are indicative. Deviations in these cannot be a reason for rejection, discount, dissolution of the agreement or compensation, if these deviations are of minor importance.

6 Deliveries

Orders are only delivered carriage paid if this has been explicitly agreed. 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 moment the products have left the Vij5 storage space.

8 Refusal of delivery by buyer

If the buyer refuses a delivery, Vij5 can charge him for the resulting costs. In addition, Vij5 has the right in that case to terminate the agreement, without prejudice to the right to claim full compensation.

9 Payment

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 buyer being entitled to a discount or set-off.

If no (full) payment has been received by Vij5 after the expiry of the payment term, the buyer is in default and owes interest equal to the statutory interest. All costs incurred by Vij5 in connection with late payments will be borne by the buyer. The extrajudicial costs are set at a minimum of 10% of the invoice amount with a minimum of € 150, - excluding VAT.

10 Right of suspension

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 on time fulfill his obligations, Vij5 is authorized to suspend (partially) the execution of its obligations under all agreements existing between the parties or to dissolve these agreements in whole or in part without notice of default or judicial intervention and without being obliged to pay any compensation, and all possible obligations of the buyer become immediately due and payable.

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.

12 Claims

Within 10 days of receiving the products - and in the event of external defects, the buyer must inform Vij5 in writing of his objections regarding the delivered goods, if applicable, accurately and in detail.

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

13 Returns

A legal cooling-off period of 14 days applies to telephone purchases and purchases via the webshop. When purchasing in the Vij5 showroom, there is no cooling-off period. 

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

Returns 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 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 rest on the design or can be established.

15 Liability for damage

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

15.2 Only damage for which the buyer has irrefutably demonstrated that it is the result of a circumstance or event for which Vij5 can be held legally liable qualifies for compensation.

15.3 Damage insofar as it consists of lost profit or reduced revenue will in no case qualify for compensation.

15.4 Damage related to damage or loss of an item or to personal injury is eligible for compensation up to a maximum of the invoice amount relating to the (partial) delivery, provided that this amount will not exceed € 45,000,= and in any case is always limited to a maximum of the amount that the insurer pays out to Vij5 in the case in question.

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

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

16 Warranty

There is a 6-month warranty period applicable to 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 assessment.

Vij5 is in no case liable for consequential damage.

17 Dutch law

This agreement is subject to Dutch law. In the event of disputes, the court where the designer is located has jurisdiction, unless this is contrary to the regulations regarding the relative competence for subdistrict courts.