General terms and conditions of sale webshop Viva Las Vintage
Company details
Address:
Viva Las Vintage
Marc Van Pottelbergh
Nachtegaaldreef 55
9040 Sint-Amandsberg
E-mail: marc.vanpottelbergh@skynet.be
Tel.: 0486/45.03.09
VAT no.: BE0.634.557.766
Article 1: General provisions
The e-commerce website of Viva Las Vintage, a Sole Proprietorship with registered office at Nachtegaaldreef 55 – 9040 Sint-Amandsberg, VAT BE0.634.557.766 offers its customers the opportunity to purchase the products from its webshop online.
These General Terms and Conditions (“Terms”) apply to every order placed by a visitor to this e-commerce website (“Customer”). When placing an order via the Viva Las Vintage webshop, the Customer must expressly accept these Terms and Conditions, thereby agreeing to the applicability of these Terms and Conditions, to the exclusion of all other terms and conditions. Additional terms and conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by Viva Las Vintage.
Article 2: Price
All stated prices are expressed in EURO, always including VAT and all other taxes or duties that the Customer is required to pay. If delivery, reservation or administrative costs are charged, this will be stated separately.
The price quoted refers exclusively to the items as described verbatim. The accompanying photos are for decorative purposes and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalogue and the e-commerce website are compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind Viva Las Vintage. Viva Las Vintage is only bound to a means obligation with regard to the correctness and completeness of the information provided. Viva Las Vintage is in no way liable in the event of obvious material errors, typographical errors or printing errors.
If the Customer has specific questions about e.g. sizes, colour, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance.
The offer is always valid while stocks last and can be adjusted or withdrawn by Viva Las Vintage at any time. Viva Las Vintage cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
The Customer can choose between the following payment methods:
via cash upon collection of the product
via transfer to account number BE25 9731 3767 6982
Viva Las Vintage is entitled to refuse an order as a result of a serious shortcoming of the Customer with regard to orders in which the Customer is involved. Viva Las Vintage reserves the right to offer the contents of the order for sale again if payment has not been made within a period of 7 days after placing the order.
Article 5: Delivery and execution of the agreement
Articles ordered via the webshop can be collected in Sint-Amandsberg or sent via Bpost. The prices used by Bpost apply to shipping; the prices on the website are purely indicative and not binding. Shipping of the goods will only take place after the amount due has been received by Viva Las Vintage
Please contact Viva Las Vintage for delivery (both domestically and abroad) to check what the possibilities are.
If Viva Las Vintage presents itself to the buyer at the agreed place and date for delivery without any use because the buyer is absent, cannot grant access or cannot pay, the buyer is liable for compensation of € 100.
The possible impossibility of delivery can in no case give rise to free termination or amendment of the sales agreement. The (delivery) costs required for an additional delivery or delivery attempt are borne by the buyer. Viva Las Vintage is only obliged to deliver after prior and separate transfer of these additional costs.
Any visible damage and/or qualitative deficiency of an article or other deficiency in the delivery must be reported to Viva Las Vintage by the Customer without delay.
The risk of loss or damage shall pass to the Customer when he (or a third party designated by him, other than the carrier) has taken physical possession of the goods. However, the risk shall pass to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice has not been made by Viva Las Vintage was offered.
Article 6: Retention of title – Termination
The delivered articles remain the exclusive property of Viva Las Vintage until the moment of full payment by the Customer. The Customer undertakes to inform third parties of Viva Las Vintage's retention of title if necessary, e.g. to anyone who would seize the articles that have not yet been fully paid for.
If the buyer has not collected the goods within the period of 1 week, Viva Las Vintage has the right, without notice of default, to invoice the sold goods and to request payment, or to consider the sale as officially terminated. This period can only be deviated from by mutual agreement. In the first case, the goods are stored at the expense and risk of the buyer in our warehouse or with a third party, whereby the buyer must pay the costs for storage in addition to the sales price in principal, interest and costs. In the second case, the buyer must pay a compensation of € 100 that is provided in case of cancellation of the order.
Article 7: Right of withdrawal
The provisions of this article apply only to Customers who purchase items online from Viva Las Vintage in their capacity as consumers. The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving any reason.
The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, physically takes possession of the goods.
In order to exercise the right of withdrawal, the Customer must inform Viva Las Vintage of his decision to withdraw from the agreement by means of an unambiguous statement (e.g. in writing by post or by e-mail). In order to comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to Viva Las Vintage without delay, but in any case no later than 14 calendar days after the day on which he communicated his decision to cancel the agreement to Viva Las Vintage. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.
The direct costs of returning the goods are borne by the Customer.
If the Customer so wishes, Viva Las Vintage can collect the goods within Belgium at the cost price of €100.
If the returned product has been diminished in value in any way, Viva Las Vintage reserves the right to hold the Customer liable and claim damages for any decrease in value of the goods that is the result of the Customer's use of the goods that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
Only items that are in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.
If the Customer revokes the agreement, Viva Las Vintage will refund all payments received from the Customer up to that point, excluding delivery costs, to the Customer within a maximum of 14 calendar days after Viva Las Vintage has been informed of the Customer's decision to revoke the agreement. In the case of sales agreements, Viva Las Vintage can wait with the refund until it has received all goods back, or until the Customer has demonstrated that he has returned the goods, whichever comes first.
Any additional costs resulting from the Customer's choice of a method of delivery other than the cheapest standard delivery offered by Viva Las Vintage will not be refunded.
Viva Las Vintage will refund the Customer using the same payment method with which the Customer made the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any costs for such refund.
The Customer cannot exercise the right of withdrawal for:
the delivery of goods manufactured according to the Customer's specifications, or which are clearly intended for a specific person;
the delivery of goods which, by their nature, are irreversibly mixed with other products after delivery;
the delivery of sealed audio and sealed video recordings and sealed computer software of which the seal has been broken after delivery;
agreements concluded during a public auction;
Article 8: Warranty
Under the law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial warranty leaves these rights unaffected.
To invoke the guarantee, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact Viva Las Vintage and return the item to Viva Las Vintage at his own expense.
If a defect is discovered, the Customer must inform Viva Las Vintage as soon as possible. In any case, any defect must be reported by the Customer within 2 months of its discovery. After that, any right to repair or replacement expires.
The (commercial and/or legal) guarantee never applies to defects that arise as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, adjustments or modifications to the item, rough handling, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months following the date of purchase, or delivery if applicable, are deemed not to be hidden defects, unless proven otherwise by the Customer.
Article 9: Customer service
Viva Las Vintage's customer service can be reached on telephone number +32 4786/45.03.09, by e-mail at info@vivalasvintage.be or by post at the following address Viva Las Vintage, Nachtegaaldreef 55 9040 Sint-Amandsberg. Any complaints can be sent to this address.
Article 10: Sanctions for non-payment
Without prejudice to the exercise of other rights available to Viva Las Vintage, in the event of non-payment or late payment, the Customer shall owe interest of 10% per year on the unpaid amount from the date of default, by operation of law and without notice. In addition, the Customer is legally and without notice liable to pay a fixed compensation of 10% of the amount involved, with a minimum of 25 euros per invoice.
Without prejudice to the foregoing, Viva Las Vintage reserves the right to take back the articles that have not been (fully) paid for.
Article 11: Privacy
The controller, Viva Las Vintage, respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.
The personal data you provide will only be used for the following purposes: the execution of the concluded agreement, the processing of the order, sending newsletters, advertising and/or marketing purposes.
You have a legal right to inspect and possibly correct your personal data. Provided proof of identity (copy of identity card), you can obtain written notification of your personal data free of charge via a written, dated and signed request to Viva Las Vintage, Nachtegaaldreef 55 9040 Sint-Amandsberg or info@vivalasvintage.be. If necessary, you can also request to correct the data that is incorrect, incomplete or irrelevant.
In case of use of data for direct marketing: You can object free of charge to the use of your data for direct marketing. To do so, you can always contact Viva Las Vintage, Nachtegaaldreef 55 9040 Sint-Amandsberg or info@vivalasvintage.be.
We treat your data as confidential information and will not pass it on, rent it out or sell it to third parties.
The customer is responsible for keeping his login data confidential and the use of his password. Your password is stored encrypted, so Viva Las Vintage does not have access to your password.
Viva Las Vintage keeps online (anonymous) visitor statistics to see which pages of the website are visited and to what extent.
If you have any questions about this privacy statement, you can contact us at Viva Las Vintage, Nachtegaaldreef 55 9040 Sint-Amandsberg or info@vivalasvintage.be.
Article 12: Use of cookies
During a visit to the site, 'cookies' can be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify people, a cookie can only identify a machine.
The following are used:
First party cookies: these are technical cookies that are used by the visited site itself and that are intended to make the site function optimally. For example: settings that the user has made during previous visits to the site, or: a pre-filled form with data that the user has made during previous visits.
Third Party cookies: these are cookies that do not originate from the website itself, but from third parties, e.g. an existing marketing or advertising plug-in. For example, cookies from Facebook or Google Analytics. For such cookies, the visitor to the site must first give permission - this can be done via a bar at the bottom or top of the website, with reference to this policy, which does not prevent further surfing on the website.
You can set your internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Please note that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.
By using our website, you agree to our use of cookies.
Article 13: Invalidity - non-waiver
If a provision of these Terms and Conditions is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Viva Las Vintage to enforce any of the rights listed in these Terms and Conditions, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of these rights.
Article 14: Amendment of terms and conditions
These Terms and Conditions are supplemented by other terms and conditions to which explicit reference is made, and the general terms and conditions of sale of
Viva Las Vintage. In the event of any conflict, these Terms and Conditions shall prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups may serve as evidence.
Viva Las Vintage has endorsed the UNIZO e-commerce label Regulations. A copy of these Regulations and access to the UNIZO complaints procedure are available via http://www.unizo.be/ecommercelabel/.
Article 16: Applicable law – Disputes
Belgian law applies, with the exception of the provisions of private international law regarding applicable law.
In the event of any disputes, the courts of the seller's place of business shall have jurisdiction and the seller shall have the right to initiate proceedings before another territorially competent court.