- Amsterdam Vintage Clothing (AVC): Amsterdam Vintage Clothing, established January 2020 in Amsterdam, Chamber of Commerce no. 77014375.
- Customer: the person with whom Amsterdam Vintage Clothing has entered into an agreement.
- Parties: Amsterdam Vintage Clothing and customer together.
- Consumer: a customer who is an individual acting for private purposes.
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Amsterdam Vintage Clothing.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
- All prices used by Amsterdam Vintage Clothing are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Amsterdam Vintage Clothing is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which Amsterdam Vintage Clothing could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
Samples / models
If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Right of recovery of goods
- As soon as the customer is in default, Amsterdam Vintage Clothing is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- Amsterdam Vintage Clothing invokes the right of recovery by means of a written or electronic announcement.
- As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Amsterdam Vintage Clothing, unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation
- A consumer may cancel an online purchase during a cooling-off period of 14 days, provided that
- the product has not been used
- the product is not specially tailored for the consumer or adapted to its special needs
- it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
- the purchase does not concern an (assignment to) urgent repair
- the consumer has not renounced his right of cancellation
- The reflection period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- The consumer can notify his right of cancellation via email@example.com
- The consumer is obliged to return the product to Amsterdam Vintage Clothing within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
Right of retention
- Amsterdam Vintage Clothing can appeal to his right of retention of title and in that case retain the products sold by Amsterdam Vintage Clothing to the customer until the customer has paid all outstanding invoices with regard to Amsterdam Vintage Clothing, unless the customer has provided sufficient security for these payments.
- The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Amsterdam Vintage Clothing.
- Amsterdam Vintage Clothing is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Retention of title
- Amsterdam Vintage Clothing remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Amsterdam Vintage Clothing under whatever agreement with Amsterdam Vintage Clothing including of claims regarding the shortcomings in the performance.
- Until then, Amsterdam Vintage Clothing can invoke its retention of title and take back the goods.
- Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Amsterdam Vintage Clothing invokes its retention of title, the agreement will be dissolved and Amsterdam Vintage Clothing has the right to claim compensation, lost profits and interest.
- Delivery takes place while stocks last.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed price is not paid on time, Amsterdam Vintage Clothing has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Amsterdam Vintage Clothing.
- Any delivery period specified by Amsterdam Vintage Clothing is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Amsterdam Vintage Clothing.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Amsterdam Vintage Clothing cannot deliver within 14 days or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
- If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Amsterdam Vintage Clothing may not be held liable for any damage.
- If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Amsterdam Vintage Clothing, failing which Amsterdam Vintage Clothing cannot be held liable for any damage.
- Returns do not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established. The product description is leading.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
- Exchange is only possible if the following conditions are met:
- exchange takes place within 14 days after purchase upon presentation of the original invoice
- the product is returned in the original packaging or with the original (price) tags still attached to it
- the product has not been used
- There are no new flaws or stains
- Discounted items, non-shelf articles such as custom made items or specially adapted articles for the customer cannot be exchanged unless the parties have agreed upon otherwise.
The customer indemnifies Amsterdam Vintage Clothing against all third-party claims that are related to the products and/or services supplied by Amsterdam Vintage Clothing.
- The customer must examine a product or service provided by Amsterdam Vintage Clothing as soon as possible for possible shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Amsterdam Vintage Clothing of this as soon as possible, but in any case within 2 days after the discovery of the shortcomings.
- Consumers must inform Amsterdam Vintage Clothing of this within 2 days after detection of the shortcomings.
- The customer gives a detailed description as possible of the shortcomings, so that Amsterdam Vintage Clothing is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Amsterdam Vintage Clothing being forced to perform other work than has been agreed.
- The customer must provide any notice of default to Amsterdam Vintage Clothing.
- It is the responsibility of the customer that a notice of default actually reaches Amsterdam Vintage Clothing (in time).
Joint and several Client liabilities
If Amsterdam Vintage Clothing enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Amsterdam Vintage Clothing under that agreement.
Liability of Amsterdam Vintage Clothing
- Amsterdam Vintage Clothing is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If Amsterdam Vintage Clothing is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
- Amsterdam Vintage Clothing is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
- If Amsterdam Vintage Clothing is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
All products have been checked by professionals. When it appears that an item is not authentic after it has been sold, Amsterdam Vintage Clothing is not liable. However, when this occurs, please email firstname.lastname@example.org and we will search for a solution together.
Every right of the customer to compensation from Amsterdam Vintage Clothing shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
- Amsterdam Vintage Clothing has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Amsterdam Vintage Clothing good grounds to fear that the customer will not be able to fulfill his obligations properly.
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Amsterdam Vintage Clothing in the fulfillment of any obligation to the customer cannot be attributed to Amsterdam Vintage Clothing in any situation independent of the will of Amsterdam Vintage Clothing, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Amsterdam Vintage Clothing .
- The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery men or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which Amsterdam Vintage Clothing cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Amsterdam Vintage Clothing can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Amsterdam Vintage Clothing does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
- Amsterdam Vintage Clothing is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by Amsterdam Vintage Clothing with the customer in advance as much as possible.
Transfer of rights
- The customer can not transfer its rights deferring from an agreement with Amsterdam Vintage Clothing to third parties without the prior written consent of Amsterdam Vintage Clothing .
- This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Amsterdam Vintage Clothing had in mind when drafting the conditions on that issue.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between the parties.
- The Dutch court in the district where Amsterdam Vintage Clothing is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.