Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional warranty

Article 13 - Delivery and execution

Article 14 - Payment

Article 15 - Complaints

Article 16 - Disputes

Article 17 - Additional or derogatory provisions

 

 

Article 1 - Definitions

In these general terms and conditions the following terms are used in the following meaning, unless explicitly stated otherwise.

 

  1. Supplementary agreementMeans an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these goods, digital content and / or services are provided by the trader or by a third party on the basis of an arrangement between that third and the entrepreneur;
  2. Reflection time: The period within which the consumer can exercise his right of withdrawal;
  3. Consumerthe natural person who does not act for purposes related to his trade, business, craft or profession;
  4. Day: Calendar;
  5. Digital Content: Data generated in digital form and are supplied;
  6. Consultancy Agreement: An agreement that involves the regular delivery of goods, services and / or digital content for a certain period;
  7. Durable medium: any device - including e-mail - that enables the consumer or trader to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: The ability of the consumer to waive the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person that offers products, (access to) digital content and / or services to consumers at a distance;
  10. Distance contractMeans an agreement concluded under an organized distance sales of goods, digital content and / or services, which are exclusively or partly used until the conclusion of the agreement between the trader and a consumer or more means of distance communication;
  11. Model withdrawal form: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer has no right of withdrawal in respect of his order;
  12. Technology for distance communication: Means that can be used to conclude a contract, without the consumer and trader need to be met in the same room.

 

Article 2 - Identity of the entrepreneur

Vindustrial

Directivity:

IJburglaan 1499
1087 KM Amsterdam
t 06 - 14 98 50 84

Formal business location:

Sem Presserhof 34
1087 JG Amsterdam

Chamber of Commerce number: 56908008

VAT identification number (VAT): NL131069111B03
BIC: ABNANL2A
IBAN: NL56 ABNA 0431 6018 28

 

Article 10.2 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract between entrepreneur and consumer.
  2. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer can invoke the applicable provision that is most favorable to him. .

 

Article 10.2 - The offer

  1. Most products sold at Vindustrial are second-hand, which means that they have been used, but are still in good condition unless otherwise stated.
  2. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  3. The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
  4. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  5. If the entrepreneur makes use of images, they are a truthful representation of similar products and / or services offered, but with possibly different user traces.
  6. Each offer contains such information that is clear to the consumer what rights and obligations are attached. To the acceptance of the offer
  7. Lamps are supplied as standard with 1,5 meters of cable but without light sources (incandescent lamps, halogen lamps, fluorescent tubes, etc.). These may be available on request.
  8. The website is up to date as much as possible, but a snapshot: this is also a physical store, so it will be inevitable that unique goods are sometimes sold while they are still on the website. The full purchase amount will then be returned by Vindustrial.
  9. The condition of an item is good unless otherwise stated.
  10. Goods are for sale, unless stated otherwise (privat collection), but are also for rent or loan. This means that goods can not be delivered immediately. The consumer is then informed as soon as possible and tries to agree a new delivery date.

 

Article 10.2 - The agreement

  1. The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
  4. The entrepreneur can within statutory frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
  5. The entrepreneur shall forward the following information, in writing or in such a way as to be accessible by the consumer in an accessible manner to a sustainable data carrier, at the latest upon delivery of the product, service or digital content to the consumer:
  1. The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
  2. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
  3. The information about guarantees and existing post-purchase service;
  4. the price including all taxes of the product, service or digital content;
  5. insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
  6. The terms for termination of the agreement if the agreement lasts for more than one year or indefinite duration is;
  7. If the consumer has a right of withdrawal, the model form for revocation.
  8. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.

 

Article 10.2 - Right of withdrawal

For products:

  1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of a maximum of 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
  2. The term referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
  1. if the consumer has ordered multiple products in the same order: the day the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has informed the consumer clearly in advance of the ordering process, refuse an order of multiple products with a different delivery time.
  2. if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last consignment or the last item;
  3. in contracts for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, has received the first product.
  1. The term referred to in paragraph 3 shall enter into the day following the conclusion of the agreement.

 

Article 10.2 - Obligations of the consumer during the cooling-off period

  1. During the bedtime, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he should do in a store.
  2. The consumer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond that permitted by paragraph 1.
  3. The consumer is not liable for impairment of the product if the entrepreneur has not provided him with all statutory mandatory information on the right of withdrawal before or upon the conclusion of the agreement.

 

Article 10.2 - Exercising the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he will report this within the cooling-off period with presentation of the purchase receipt.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative) of the entrepreneur. This does not have to be taken if the entrepreneur has offered the product itself. In any case, the consumer has complied with the return period when returning the product before the time has expired.
  3. The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer carries the direct cost of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur decides to bear the costs himself, the consumer does not have to bear the cost of returning.
  6. If the entrepreneur has delivered the product to the consumer at a cost, then the consumer also bears the costs of the initial delivery of the product to the consumer.
  7. If the consumer makes use of his right of withdrawal, all additional agreements are terminated by law.

 

Article 10.2 - Obligations of the trader in case of withdrawal

  1. If the vendor makes the notification possible by electronic means, the vendor will send a receipt of receipt immediately upon receipt of this notification.
  2. The trader will reimburse all payments from the consumer, excluding any delivery costs, immediately but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
  3. The entrepreneur uses the same means of payment used by the consumer for repayment unless the consumer agrees with another method. The refund is free for the consumer.

 

Article 10.2 - Exclusion of right of withdrawal

The entrepreneur can the following products and services exclude the right of withdrawal, but only if the Entrepreneur indicated this clearly in the offer, at least in time for the conclusion of the agreement, stated:

  1. Service contracts, after full performance of the service, but only if the performance has begun with the consumer's explicit prior consent and the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
  2. Service agreements for the provision of accommodation, provided for in the agreement, a certain date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;
  3. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  4. Products which, by their nature, are irrevocably mixed with other products;
  5. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

 

Article 10.2 - The price

  1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. The prices mentioned in the range of products include 0% VAT, since the products fall under the margin scheme for second-hand goods, unless otherwise stated. Prices are in euros and per item, unless stated otherwise.

 

Article 10.2 - Compliance agreement and additional warranty

  1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability taking into account the nature of the good, being "second-hand and used" and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A supplementary guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer may under the agreement apply to the entrepreneur if the entrepreneur is flawed in compliance with his part of the agreement.
  3. An additional guarantee is understood to mean every obligation of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that it has failed to fulfill its part of the agreement.
  4. The warranty can not be claimed if the defect is caused by:
  1. if changes have been made to the article by you or third parties,
  2. by defects that have arisen due to improper use or any other use for which the article is intended,
  3. damage by intent or gross negligence,
  4. at external calamities such as lightning, lightning induction etc,
  5. overheating by using a too high wattage incandescent or halogen lamp,
  6. exposure to humidity, extreme heat or sunlight or extreme cold,
  7. indirect costs, caused by the out of service of the defective item or the need to remove and have to re-apply by yourself or by third parties, can not be reimbursed.

 

Article 10.2 - Delivery and implementation

  1. The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has notified to the entrepreneur.
  3. With due observance of the provisions in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without any costs.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
  5. If delivery / transport has been agreed, the entrepreneur will only deliver to the first door of the address given.
  6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the door or a pre-designated and made representative to the entrepreneur, unless expressly agreed otherwise.
  7. Lamps are supplied as standard with 1,5 meters of cable but without light sources (incandescent lamps, halogen lamps, fluorescent tubes, etc.). These may be available on request.

 

Article 10.2 - Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid for delivery. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
  3. If the consumer fails to meet his payment obligation (s) in good time, after having been informed by the vendor of late payment and the vendor has given the consumer a period of 14 days to meet his payment obligations, Failure to pay within this 14-day term, the amount owed is due to the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. This collection fee is up to: 15% on outstanding amounts to € 2.500, =; 10% over the next € 2.500, = and 5% over the next € 5.000, = with a minimum of € 40, =. The entrepreneur may deviate from the amounts and percentages for the benefit of the consumer.

 

Article 10.2 - Complaints regulation

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the performance of the agreement must be submitted fully and clearly to the entrepreneur within a reasonable time after the consumer has identified the defects.
  3. Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
  4. The consumer must give the entrepreneur at least 4 weeks the time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.

 

Article 10.2 - Disputes

  1. Contracts between the entrepreneur and the consumer covered by these terms and conditions shall be governed by Dutch law.

 

Article 10.2 - Additional or deviating provisions

Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner