General conditions

Terms en conditions American Vintage Unlimited

General terms en conditions based on model terms en conditions from WebwinkelKeur.

Content

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 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance en warranty
Article 11 - Delivery en execution
Article 12 - Duration transactions: duration, termination en extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms en conditions, the following definitions shall apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal. Read all about reflection period;
2. Consumer: the natural person who is not acting in the exercise of a profession or business en who enters into a
   distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products en/or services, the delivery en/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation en unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to renounce the
   distance contract;
7. Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person offering products en/or services to consumers at a distance;
9. Distance contract: an agreement whereby, within the framework of a by the entrepreneur
   organized system for distance selling of products en/or services, up to en including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used for concluding an
    agreement, without the consumer en entrepreneur having come together simultaneously in the same room.

Article 2 - Identity of the entrepreneur

American Vintage Unlimited
Ericssonstraat 2
Netherlands
Phone: (062) 537-2190
E-mail: info@americanvintageunlimited.nl
CHAMBER OF COMMERCE: 95713891
VAT number: NL86725571B01

Article 3 - Applicability

1. These general conditions apply to every offer of the entrepreneur en to every distance contract en order concluded between entrepreneur en consumer.
2. Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms en conditions can be viewed at the entrepreneur's premises en they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, contrary to the previous paragraph en before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically en that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second en third paragraphs shall apply mutatis mutandis, en in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
5. If one or more stipulations in these general terms en conditions should at any time be wholly or partially void or nullified, the agreement en these terms en conditions shall otherwise remain in force, en the stipulation in question shall be replaced without delay by mutual agreement with a stipulation that approximates the purport of the original as closely as possible.
6. Situations not covered by these general terms en conditions are to be judged "in the spirit" of these general terms en conditions.
7. Any ambiguity regarding the interpretation or content of one or more provisions of our terms en conditions, shall be interpreted "in the spirit" of these terms en conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change en adjust the offer.
3. The offer contains a complete en accurate description of the products en/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
   If the entrepreneur uses figures, these are a truthful representation of the products en/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All figures, specifications en data in the offer are indicative en cannot be a reason for compensation or dissolution of the agreement.
5. Figures accompanying products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights en obligations are attached to the acceptance of the offer. This includes in particular:
   • the price, including taxes;
   • the possible costs of shipment;
   • the way in which the agreement will be concluded en which actions are necessary for this;
   • whether or not the right of withdrawal is applicable;
   • the method of payment, delivery en performance of the agreement;
   • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
   • the height of the rate of distance communication, if it differs from the regular basic rate for the means of communication used;
   • whether the agreement will be archived after its conclusion, en if so, how it can be consulted by the consumer;
   • the way in which the consumer, before concluding the agreement, can check the information provided by him en, if desired, correct it;
   • any languages other than Dutch in which the agreement can be concluded;
   • the codes of conduct to which the trader is subject en the way in which the consumer can consult these codes of conduct electronically; en
   • the minimum duration of the distance contract in case of an extended transaction.

Article 5 - The agreement

1. The agreement, subject to the provisions of paragraph 4, is established at the moment of the consumer's acceptance of the offer en the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall 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 established electronically, the entrepreneur shall take appropriate technical en organizational measures to protect the electronic transfer of data en shall ensure a secure web environment.
   If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all facts en factors that are important for a responsible conclusion of the distance contract.
   If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur will provide the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
   • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
   • the conditions under which en the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
   • the information on guarantees en existing after-sales service;
   • the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
   • the requirements for termination of the agreement, if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of an enduring transaction, the provision in the previous paragraph applies only to the first delivery.
7. Each contract is entered into under the conditions precedent of sufficient availability of the products in question.

Article 6 - Right of withdrawal

1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer en made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product en its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories en - if reasonably possible - in the original condition en packaging, in accordance with the reasonable en clear instructions provided by the entrepreneur.
3. When the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
4. If after the expiration of the periods mentioned in paragraphs 2 en 3 the customer has not made known his intention to use his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
5. With the delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.
6. To make use of his right of withdrawal, the consumer shall comply with the reasonable en clear instructions provided by the entrepreneur in the offer en/or at the latest at the time of delivery.

Article 7 - Costs in case of withdrawal

1. The consumer bears the direct cost of returning the product.
2. If the consumer has paid an amount, the merchant will refund this amount as soon as possible, but at the latest within 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided. Reimbursement will be made through the same payment method used by the consumer, unless the consumer explicitly authorizes a different payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation in value of the product.
4. The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur; this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 en 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• brought about by the entrepreneur in accordance with consumer specifications;
• that are clearly personal in nature;
• which by their nature cannot be returned;
• that may spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• For single newspapers en magazines;
• for audio en video recordings en computer software for which the consumer has broken the seal;
• For hygienic products whose seals have been broken by the consumer.

3. Exclusion of the right of withdrawal is only possible for services:

• concerning lodging, transportation, restaurant business or leisure activities to be performed on a particular date or during a particular period;
• whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
• Regarding betting en lotteries.

Article 9 - The price

1. During the validity period stated in the offer, the prices of the products en/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound to fluctuations in the financial market en over which the entrepreneur has no influence, with variable prices. This link to fluctuations en the fact that any prices stated are target prices shall be stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it en:

• these are the result of legal regulations or provisions; or
• the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing en typesetting errors. No liability is accepted for the consequences of printing en typesetting errors. In case of printing en typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity en warranty

1. The entrepreneur guarantees that the products en/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness en/or usability en the existing legal provisions en/or government regulations 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 guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights en claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. All products are covered by the legal warranty. The duration of the legal warranty may vary based on the nature of the product.
4. Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of the discovery of the defect.
5. Warranty does not apply if:

• the consumer has repaired en/or modified the delivered products himself or had them repaired en/or modified by a third party;
• the delivered products are exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur en/or treated on the packaging;
• the defectiveness is entirely or partially the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery en performance

1. The entrepreneur will take the greatest possible care when receiving en executing orders for products en when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer receives this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
4. All delivery terms are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear en comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage en/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance en made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination en renewal

Termination

1. The consumer may at any time terminate an agreement that has been entered into for an indefinite period en that extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules en a notice period not exceeding one month.
2. The consumer may terminate an agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period, subject to agreed termination rules en a notice period not exceeding one month.
3. The consumer may cancel the agreements mentioned in the previous paragraphs:

• cancel at any time en not be limited to cancellation at a particular time or period;
• at least terminate in the same manner as they were entered into by him;
• always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

1. A contract entered into for a definite period en which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
2. Notwithstanding the previous paragraph, a fixed-term contract that has been entered into for the regular delivery of daily, news, en weekly newspapers en magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
3. A contract entered into for a definite period en which extends to the regular delivery of products or services, may be tacitly renewed for an indefinite period only if the consumer may terminate at any time with a notice period of up to one month en a notice period of up to three months in case the contract extends to the regular, but less than once a month, delivery of daily, news en weekly newspapers en magazines.
4. A limited-term agreement to regularly deliver daily, news en weekly newspapers en magazines for introductory purposes (trial or introductory subscription) is not tacitly continued en ends automatically at the end of the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness en fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
3. In case of non-payment by the consumer, subject to legal restrictions, the operator has the right to charge the reasonable costs made known in advance to the consumer.

Article 14 - Complaint policy

1. The operator has a sufficiently publicized complaint procedure en will handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months fully en clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt en an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is amenable to the dispute resolution procedure.
5. For complaints, a consumer should first turn to the entrepreneur. If the online store is affiliated with WebwinkelKeur en complaints cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur(www.webwinkelkeur.nl), which will mediate free of charge. Check whether this store has a current membership through https://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution, the consumer has the possibility to have his complaint handled by the independent dispute commission appointed by WebwinkelKeur. The decision is binding en both entrepreneur en consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which have to be paid by the consumer to the committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the merchant, the merchant will, at its option, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. On agreements between the entrepreneur en the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.
2. The Vienna Sales Convention shall not apply.

Article 16 - Additional or different provisions

Additional or different provisions from these general conditions may not be to the detriment of the consumer en must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

You can also view the entire terms en conditions as a PDF.