General terms and conditions
Last updated on August 31, 2022
Article 1 – Definitions
VintageHulk.com is an initiative of ProjectsMania BV, KBO number 0543.940.168 – RPR Gent. Registered office Sonseindestraat 99 in 9620 Zottegem – email@example.com
The Seller’s counterparty is referred to as the Buyer in these General Terms and Conditions.
The Parties are the Seller and the Buyer together.
The Agreement means the purchase agreement between the Parties.
Article 2 – Applicability of General Terms and Conditions
These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the Seller.
Deviation from these terms and conditions is only possible with the express written and prior agreement of the Seller.
Article 3 – Payment
- The full purchase price is paid immediately in the webshop as standard or by bank transfer in advance. In some cases – eg when invoicing damage after return shipment, payment is made afterwards after receipt by the Buyer of an invoice. In that case, payment is made within a payment term of 8 days.
- If the Buyer does not pay on time, he is in default. If the Buyer remains in default, the Seller is entitled to suspend the obligations until the Buyer has fulfilled its payment obligation.
- If the Buyer remains in default, the Seller will proceed to collection. The costs related to such collection shall be borne by the Buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- In case of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, claims of the Sales against the Buyer are immediately due and payable.
- If the Buyer refuses to cooperate with the execution of the order by the Seller, he is still obliged to pay the agreed price to the Seller.
Article 4 – Offers, quotations and price
- Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that term, the offer will lapse.
- Delivery times in quotations or on the web shop are indicative and if they are exceeded, they do not entitle the Buyer to dissolution or compensation, unless the Parties have expressly agreed otherwise in writing.
- Offers and quotations do not automatically apply to backorders. The Parties must expressly agree to this in writing.
- The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.
- The majority of the items that the Seller offers on the webshop are subject to taxation on the margin. As a result, the VAT exclusive prices are not explicitly stated in the settlement on the webshop or in the invoices. Only the amount including VAT is stated in this case.
Article 5 – Right of withdrawal and return
- The Buyer has the right to dissolve the agreement within 14 calendar days after receipt of the order (right of withdrawal). The term starts to run from the moment that the (entire) order is received by the Buyer. To this end, the Buyer sends a notification by e-mail to the Seller and adds the model withdrawal form completed by the Buyer that the Seller makes available via the webshop (in the FAQ).
- There is no right of withdrawal if the products have a limited shelf life or are custom-made.
- During the cooling-off period, the Buyer will handle the product and the packaging with care. He will only unpack the product to the extent that it is necessary for the user to assess whether he wishes to keep the product.
- After the notification of withdrawal, the Buyer has a maximum of 14 calendar days to return the goods to the Seller.
- If the entire order is revoked, any initial shipping costs paid by the Buyer upon purchase will be refunded by the Seller. If only part of the order is revoked, the initial shipping costs will not be refunded.
- The costs for returning the goods after the Buyer has exercised the right of withdrawal are borne by the Buyer.
- The returned goods must be in the same condition as initially sent by the Seller. Since it often concerns antique or second-hand goods and the goods usually have traces of use and age, photos taken by the Seller just before shipment are used as reference. Additional damage to the goods will be invoiced by the Seller to the Buyer according to the estimated loss in value of the relevant item due to the incidental damage.
- The Buyer will return the items – if reasonably possible – in the original packaging to the Seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6 – Amendment of the Agreement
- If during the execution of the Agreement it appears that it is necessary for the proper execution of the assignment to change or supplement the work to be performed, the Parties will adjust the Agreement accordingly in a timely manner and in mutual consultation.
- If the Parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected as a result. The Seller will inform the Buyer of this as soon as possible.
- If the amendment or addition to the Agreement has financial and/or qualitative consequences, the Seller will inform the Buyer of this in advance in writing.
- If the Parties have agreed on a fixed price, the Seller will indicate to what extent a change to or addition to the Agreement will result in this price being exceeded.
Article 7 – Completion and transfer of risk
As soon as the purchased item has been received by the Buyer, the risk transfers from the Seller to the Buyer.
Article 8 – Research and complaints
- The Buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible period of time. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods correspond to what the Parties have agreed upon, or at least whether the quality and quantity meet the requirements that apply in normal (trade) traffic.
- Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to the Seller by the Buyer within 10 working days after the day of delivery of the goods.
- If the complaint is found to be justified within the stipulated period, the Seller has the right to either repair, or redeliver, or to refrain from delivery and to send the Buyer a credit note for that part of the purchase price.
- Minor and/or industry-standard deviations and differences in quality, number, size or finish cannot be invoked against the Seller. Also normal signs of use and age (which are usually clearly shown on the detailed product photos) cannot be grounds for objection due to the nature of the goods.
- The product information shown on the website, including attribution to time periods, styles, designers, producers, country of origin,… has been established through research and knowledge of the Seller to the best of its ability. Deviations or errors herein cannot be the cause of objection.
Article 9 – Samples and models
If a sample or model has been shown or provided to the Buyer, it is presumed to have been provided only as an indication, without the item to be delivered having to comply with it. This is different if the parties have expressly agreed that the item to be delivered will correspond to this.
Article 10 – Delivery
- All delivery costs are for the Buyer, unless expressly agreed otherwise in advance.
- The Buyer is obliged to accept the goods at the moment that the Seller delivers them or has them delivered to him, or at the moment at which these goods are made available to him in accordance with the agreement.
- If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the Seller is entitled to store the item at the expense and risk of the Buyer.
- If the goods are delivered, the Seller is entitled to charge any delivery costs.
- If the Seller needs information from the Buyer for the execution of the agreement, the delivery time will commence after the Buyer has made this information available to the Seller.
- A delivery term specified by the Seller is indicative. This is never a deadline. If the term is exceeded, the Buyer must give the Seller written notice of default.
- The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or if partial delivery does not have an independent value. In the event of delivery in parts, the seller is entitled to invoice these parts separately.
Article 11: Force majeure
- If the Seller cannot, not timely or not properly fulfill its obligations under the agreement due to force majeure, it is not liable for damage suffered by the Buyer.
- By force majeure, the parties mean in any case any circumstance that the Seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be required by the Buyer, such as illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, power outage, flood, earthquake, fire, occupation, strikes, worker lockout, changed government measures, transportation difficulties, and other disruptions in Seller’s business.
- Furthermore, the parties understand force majeure to mean the circumstance that supply companies on which the Seller depends for the execution of the agreement do not fulfill the contractual obligations towards the Seller, unless this is attributable to the Seller.
- If a situation as referred to above arises as a result of which the Seller cannot fulfill its obligations towards the Buyer, those obligations will be suspended as long as the Seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
- In the event that the force majeure continues for more than three months, the Buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.
Article 12: Transfer of rights
- Any party’s rights under this agreement may not be transferred without the other party’s prior written consent.
Article 13: Retention of title and right of retention
- The goods present at the Seller and the goods and parts delivered remain the property of the Seller until the Buyer has paid the entire agreed price. Until that time, the Seller can invoke its retention of title and take back the goods.
- If the agreed amounts to be paid in advance are not paid or are not paid on time, the Seller has the right to suspend the work until the agreed part has been paid. Then there is creditor default. A late delivery cannot be invoked against the Seller.
- The seller is not authorized to pledge or in any other way encumber the goods subject to retention of title.
- The Seller undertakes to insure the goods delivered to the Buyer subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection on first request.
- If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the Seller has the right of retention. In that case, the item will not be delivered until the Buyer has paid in full and in accordance with the agreement.
- In case of liquidation, insolvency or suspension of payment of the Buyer, the obligations of the Buyer are immediately due and payable.
Article 14: Liability
- Any liability for damage arising from or in connection with the execution of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
- The Seller’s liability for damage resulting from intent or willful recklessness on the part of the Seller or its managerial subordinates is not excluded.
Article 15: Complaint obligation
- In case of complaints, the Buyer must first contact the Seller via the contact details stated on the webshop or in these General Terms and Conditions, Art. 1
- The complaint contains as detailed a description as possible of the shortcoming, so that the Seller is able to respond adequately.
- If a solution is not yet reached, the Buyer can find all information regarding consumer protection on the website of the FPS Economy: https://economie.fgov.be/nl/themas/consumentenbescherming
- If a complaint is justified, the Seller is obliged to repair the good and possibly replace it.
Article 16: Warranties
- All consumer purchase warranty rules apply, including explicitly all consumer purchase law rules that have their origin in the European Directive for the sale of physical goods (RL (EU) 2019/771).
- The Seller guarantees that the item sold complies with the agreement, that it will function without defects and that it is suitable for the use that the Buyer intends to make of it. This warranty applies for a period of two calendar years after receipt of the sold by Buyer for new products and one year for all second-hand goods (including virtually all vintage and antique products on the vintagehulk.com web shop).
- The aforementioned warranty does not apply if the defect has arisen as a result of injudicious or improper use or if – without permission – the Buyer or third parties have made changes or attempted to make changes or have used the purchased item for purposes for which it is not intended.
- If the warranty provided by the Seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that manufacturer.
Article 17: Applicable law
- This agreement between Seller and Buyer is exclusively governed by Belgian law.
- If one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings, the other provisions will remain in full force and effect.
Article 18: choice of forum
All disputes arising from this agreement will be submitted exclusively to the competent court of the Court of Ghent