Terms of service
General Terms and Conditions of VINTAIRE, located at Polderdreef 54 2911PD in Nieuwerkerk aan den IJssel , version 1 valid from 18-03-2023.
General
1.1 These general terms and conditions apply to all offers made by Vintaire & Co. The conditions are accessible to everyone and included on the Internet site of Vintaire & Co. Upon request, we will send you a written copy.
1.2 By placing an order, you indicate your agreement with the terms of delivery and payment. Vintaire & Co. reserves the right to change its delivery and/or payment terms after the expiration of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Vintaire & Co.
1.4 Vintaire & Co. guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
Delivery
2.1 Delivery takes place while supplies last.
2.2 Under the rules of distance selling, Vintaire & Co. will delay, or an order can not or only partially be performed, the consumer receives within 1 month after placing the order message and in that case he has the right to cancel the order without cost and notice.
2.3 The delivery obligation of Vintaire & Co. will be fulfilled once the goods delivered by Vintaire & Co. have been offered once to the buyer, subject to proof to the contrary. In case of home delivery, the carrier's report, containing the refusal of acceptance, shall serve as full proof of the offer of delivery.
2.4 All terms mentioned on the internet site are indicative. No rights can therefore be derived from the terms mentioned.
Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make it necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 21% VAT.
Data management
4.1 If you place an order with Vintaire & Co. your data will be included in the customer database of Vintaire & Co. Vintaire & Co. abides by the Data Protection Act and will not provide your data to third parties.
4.2 Vintaire & Co. respects the privacy of the users of the Internet site and ensures confidential treatment of your personal information.
4.3 Vintaire & Co. in some cases makes use of a mailing list. Each mailing contains instructions on how to remove yourself from this list.
Guarantee and conformity
5.1 The entrepreneur guarantees that the products and / or services meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
5.2 An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can enforce against the trader under the law and/or the distance contract with regard to a shortcoming in the performance of the trader's obligations.
5.3 The buyer is obliged to check the delivered items immediately upon receipt. If it turns out that the delivered goods are wrong, faulty or incomplete, the buyer must (before proceeding to return them to Vintaire & Co.) immediately report these defects in writing to Vintaire & Co. Any defects or wrong goods delivered should and can be reported in writing to Vintaire & Co. at the latest up to 24 hours after delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Use after the discovery of defects, damage after the discovery of defects, encumbrance and / or resale after the discovery of defects, makes this right to complain and return completely void.
5.4 If complaints from the buyer are deemed valid by Vintaire & Co., Vintaire & Co. will, at its discretion, either replace the delivered goods free of charge or come to a written arrangement with the buyer about compensation, on the understanding that Vintaire & Co.'s liability and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at Vintaire & Co.'s discretion) to the maximum amount covered in the case in question by Vintaire & Co.'s liability insurance. Any liability of Vintaire & Co. for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect or consequential damage or damage due to loss of profit.
5.5 Vintaire & Co. is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial personnel.
5.6 This guarantee does not apply if: A) and as long as the buyer is in default towards Vintaire & Co.; B) the buyer has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or otherwise carelessly treated or treated contrary to the instructions of Vintaire & Co. and/or instructions for use on the packaging; D) the unsuitability is wholly or partially the result of regulations which the government has set or will set regarding the nature or quality of the materials used;
5.7 Pilling of clothing is not covered by the warranty. Pilling is caused by friction with other materials and we are not responsible.
6. Images and specifications
6.1 All images, photographs, drawings etc., including data on weights, dimensions, colors, images of labels, etc. on the website of Vintaire & Co. are approximate only, are indicative and can not lead to compensation or dissolution of the agreement.
7. Liability
7.1 Vintaire & Co. is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.
8. Retention of title
8.1 Ownership of all goods sold and delivered by Vintaire & Co. to the buyer remains with Vintaire & Co. as long as the buyer has not paid the claims of Vintaire & Co. or previous or subsequent similar agreements, as long as the customer has not paid the work performed or to be performed under these or similar agreements, and as long as the customer has not paid Joanne's Store's claims for failure to fulfill such obligations, including claims in respect of penalties, interest and costs, all this as referred to in Article 3:92 of the Dutch Civil Code.
8.2 Goods delivered by Vintaire & Co. which are subject to retention of title may only be sold on within the framework of normal business operations and may never be used as a means of payment.
8.3 The customer is not authorized to pledge or otherwise encumber the goods falling under the retention of title.
8.4 The buyer hereby unconditionally and irrevocably authorizes Vintaire & Co. or a third party to be appointed by Vintaire & Co., in all cases in which Vintaire & Co. wishes to exercise its property rights, to enter all those places where its property will then be located and to take those goods with it.
8.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the buyer is obliged to inform Vintaire & Co. thereof as soon as can reasonably be expected.
8.6 The customer undertakes to insure the goods delivered under retention of title and keep them insured against fire, explosion and water damage and against theft and the policy of this insurance to Vintaire & Co. for inspection at first request.
9 Klarna
9.1 If you pay for your order via Klarna you also agree to the terms of Klarna.
10. Right of withdrawal
Under the statutory provisions, the customer also has a right of withdrawal according to the legal standard of 14 days.
11. Portrait rights
All photos have portrait rights. The photos may only be used by Vintaire & Co. The photos may only be used if permission is given by Vintaire & Co. If the photos are used anyway then this will be charged.
Translated with www.DeepL.com/Translator (free version)