Terms of sale and delivery
Vintage Paint BV is a trading company owned by LV Holding BV in The Netherlands that produces and sells Vintage Paint and applied art to wholesale and retail.
All sales by Vintage Paint BV (hereinafter called "the Seller”) are made in accordance with the general terms of sale and delivery presented below unless these have been explicitly waived in a written agreement between the parties.
The Seller reserves the right at any time to make amendments and additions to the terms of sale and delivery presented below. The terms of sale and delivery are considered to have been accepted by the Purchaser when the Purchaser has submitted an order in accordance with the online ordering procedure.
2. ENTRY INTO AGREEMENTS
Orders submitted online by the Purchaser are bound to the present terms of sale and delivery. The Seller is not bound by an agreement entered into if, subsequent to the Seller issuing a confirmation of order, obstacles to delivery arise for which the Seller bears no responsibility – see Section 9 below for conditions of force majeure.
The Seller will send the confirmation of order to the e-mail address entered by the Purchaser in connection with the placement of the order. Any complaints concerning the contents of the confirmation of order are to be submitted to the Seller immediately and without undue delay, otherwise the agreement will be considered to have been entered into on the basis of the terms and conditions stated in the confirmation of order.
In the absence of any express agreement to the contrary, delivery will be made DDP or DDU to the destination of the items in accordance with INCOTERMS 2000. All deliveries (DDU or DDP) will be shipped by the carrier selected by the Seller at any time. Deliveries at set times are not possible.
All deliveries from the Seller will be shipped as soon as possible and within a reasonable period.
Under no circumstances can the Seller be held liable for any operating losses, loss of earnings or other indirect losses resulting from delivery delays. The Seller’s liability for compensation for delays shall under no circumstances exceed a sum equivalent to the sum invoiced for the order in question.
In the event of DDP shipments (INCOTERMS 2000) to countries outside the EU, customs duty is charged on a separate line on the invoice. For pallet shipments, a fee of € 25,- will be added. For any DDU shipments to countries outside the EU, the items are delivered "duty unpaid”, and the customs fee is therefore in all respects a matter between the freight carrier and the Purchaser of the item(s).
Any fees for customs and/or import VAT to countries outside the EU are of no concern to the Seller.
4. PRODUCT INFORMATION, ETC.
If product descriptions and user instructions exist for a given item, these will be supplied as part of the delivery from the Seller. Any product description of this kind or any other information about the product is provided exclusively as a service, and the Seller accepts no separate liability for the accuracy or correctness of same.
The prices stated in offers and confirmations of order are applicable prices including standard packaging.
All prices are exclusive of VAT and duties. In the absence of any express statement to the contrary, the Seller reserves the right to change any price stated without notice in connection with increases in material prices, wages and any legally applicable changes.
6. TERMS OF PAYMENT AND OWNERSHIP RESERVATIONS
The Seller retains full right of ownership over items delivered until such time as payment has been made in full.
The terms of payment are stated on the confirmation of order and invoice from the Seller. Payments are always only to be made directly to the Seller’s account, in accordance with the account details stated on the invoice. Agents have no authority to receive payment on behalf of the Seller.
If the Purchaser fails to pay the purchase price on time, the Seller may calculate penalty interest as from the due date stated, pursuant to the provisions of the Dutch Interest Act applicable at the time.
Any unsettled debt to us will be imposed a reminder fee of € 10,-
The Purchaser is not entitled to withhold any part of the purchase price as security for the fulfilment of any counter-claims concerning items delivered, and any such withholding of payment will be considered a material breach of the agreement between the parties.
Invoices for items ordered are only ever sent by e-mail – and not by standard mail.
7. RESPONSIBILITY FOR DEFECTS
The Purchaser is obliged to examine and check the items(s) immediately on reception.
The Purchaser is to issue written notification of any defects in the item(s) directly to the Seller without undue delay after such defects have or should have been identified by the Purchaser. All complaints and claims from the Purchaser are to be submitted in writing to the Seller and accompanied by appropriate documentation / pictures. If the Purchaser fails to submit a complaint no later than five (5) days after delivery, the Purchaser shall forfeit the right to submit complaints concerning defects in the item(s) delivered.
If, in connection with deliveries sent DDU or DDP (INCOTERMS 2000), the Purchaser notices missing parcels or transport damage to the item(s) or packaging on reception, a complaint is to be made immediately to the freight carrier – by writing a comment on the freight note or covering note, for example. At the same time, the Seller is to be informed so that an agreement can be reached concerning re-delivery or crediting.
The Seller’s liability for defects is limited to re-delivery or any other form of rectification of defects identified. If the defects cannot be rectified, the Seller will issue a credit note for the purchase to the Purchaser.
The Purchaser may only terminate the purchase in the event that any defects have not been rectified within a reasonable period after the Purchaser submitted the complaint. If the purchase is terminated on account of defects in the item(s) delivered, the Purchaser shall only be entitled to a refund of the purchase price on placing the item(s) at the disposal of the Seller in generally the same condition as on reception. No additional claims can be made on the Seller. Please note in particular that the Seller will not accept any liability for operating losses, loss of earnings or any other consequential financial losses.
8. PRODUCT LIABILITY
In the event of damage to items which, through their nature, are intended for commercial use (commercial item damage), the Seller is consequentially liable for defects in items sold, pursuant to the regulations concerning product liability applicable at any time. However, see below:
The Seller shall not be held liable for damage to property or inventory caused by an item sold that occurs while the item is in the possession of the Purchaser.
The Seller accepts no liability for damage to products made by the Purchaser or to products which include same.
The Seller accepts no liability for operating losses, loss of earnings or any other indirect losses.
Liability pursuant to this provision is limited to € 5.000,- per incident of damage.
Should defects in items sold result in injuries to people or damage to objects which, through their nature, are normally intended for non-commercial use, the Seller shall be liable pursuant to the regulations concerning product liability in force from time to time.
The Seller’s limitation of liability – see above – shall not be applied in the event that the condition that caused the occurrence of product liability can be ascribed to gross negligence on the part of the Seller.
In so far as the Seller may incur liability to pay damages to a third party in connection with the Purchaser’s use of items delivered, the Purchaser shall indemnify the Seller to the extent that the Seller may be held liable to the third party for damage and losses for which, pursuant to the above, the Seller is not liable to the Purchaser.
9. FORCE MAJEURE
The Seller is entitled, without liability, to terminate agreements entered into when it proves impossible to fulfil same within a reasonable period on account of a pandemic situation, war, strikes, lockouts or other force majeure or political conditions over which the Seller has no control. The same applies to delays to or faults in deliveries from subcontractors. In such cases, the Seller cannot incur liability to pay damages to the Purchaser.
10. INTELLECTUAL PROPERTY RIGHTS
The Intellectual property rights cover intangible creations like our copyrights on labelling, logo’s, patents, and trademarks, trade secrets, publicity rights, moral rights, and rights against unfair competition.
The brand names, Vintage Paint, Vintage paint by Jeanne d’Arc Living and the labels used on the products, logo’s of the brands and sub brands, pictures are unconditionally owned by Vintage Paint BV \ LV Holding. These brand names, logo’s, labels, pictures are covered by Copyright and intellectual property rights which belong unconditionally to the Seller / LV Holding. Non of the mentioned Brand names Logo’s, pictures may be used without permission of Vintage Paint / LV Holding BV. When these brand names, logo’s, labels, pictures are used with our permission, use its only aloud when applied to Vintage Paint / LV Holding BV sold items brands and sub brands.
11. LEGISLATION AND JURISDICTION
In the first instance, any and all disputes that may arise in connection with agreements between the parties are to be settled pursuant to applicable Dutch law.