1 Applicability of these terms and 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 referred to further as 'the buyer'.

1.2 Purchaser's purchasing conditions shall not exclude or limit the applicability of these general 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 deadlines, unless expressly agreed upon.

4 Change of 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 terminate the agreement (in part) or suspend its obligations until the force majeure situation shall have ended.

5 Deviations

All data, models and images concerning colors, materials, sizes and finish are indicative. Deviations herein may not constitute grounds for rejection, discount, rescission of the agreement or compensation for damages, if these deviations are of minor significance.

6 Deliveries

Orders are only delivered carriage paid if this has been expressly 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 the moment the products have left Vij5 's warehouse.

8 Refusal of delivery by buyer

If the buyer refuses a delivery, Vij5 may charge him for the resulting costs. In addition, Vij5 shall in that case have the right to dissolve the agreement, without prejudice to the right to claim total damages.

9 Payment

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 power

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 timely fulfill its obligations, Vij5 is authorized to suspend the performance of its obligations under all agreements existing between the parties (in whole or in part) or to dissolve these agreements in whole or in part without notice of default or judicial intervention and without being liable to pay any damages, and any obligations of the buyer shall become immediately due and payable.

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 .

12 Advertisements

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.

13 Returns

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 shipments 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 intellectual property rights that are or may be vested in the design.

15 Liability for damages

15.1 For damages suffered by the buyer as a result of shortcoming, tort or otherwise, Vij5 is not liable unless the damage is directly and solely the result of gross negligence or intent on the part of Vij5.

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

15.3 Damages to the extent consisting of lost profits or reduced proceeds shall in no case be eligible 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 Buyer indemnifies Vij5 against claims for compensation for damage caused by third parties engaged in the performance of the agreement at the request of and with the consent of the buyer, or for damage caused by materials supplied by third parties at the request of and with the consent of the buyer.

15.6 Vij5 is not liable for damage caused by incompetent use of the delivered item or by its use for a purpose other than that for which it is suitable according to objective standards.

16 Guarantee

A 6-month warranty period applies 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 evaluation.

Vij5 shall in no event be liable for consequential damages.

17 Dutch law

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