Terms and conditions

Article 1 | Definitions

1. Huisman Bizot Trading v.o.f., trading as La Bizotterie and Vintage Pareltjes Apeldoorn, is established in Apeldoorn, Chamber of Commerce number KvK 90515463, and is referred to in these terms and conditions as the supplier.

2. The other party is referred to in these terms and conditions as the buyer.

3. The contract means the contract of sale under which the supplier undertakes to deliver one or more products to the buyer and to which these terms and conditions have been declared applicable.

Article 2 | Applicability of the terms and conditions

1. These terms apply to the offer, contracts and delivery of goods by or on behalf of the supplier in respect of which the supplier has declared these terms applicable, insofar as no express written departure has been made from these terms.

2. The most recently sent version of these terms and conditions always applies.

3. If one or more provisions of these terms and conditions are at any time wholly or partly void or should be annulled, the remaining provisions of these terms and conditions remain fully applicable.

Article 3 | Offer

1. If the offer has a limited period of validity, or is made subject to certain conditions, this is expressly stated.

2. Images accompanying products represent the vintage products offered as truthfully as possible. Because these are vintage and second hand items, small deviations, signs of use and characteristics matching age, provenance and use may occur.

3. The supplier cannot be held to its offer if the buyer could reasonably have understood that the offer, or a part of it, contains an obvious mistake or clerical error.

Article 4 | Contract

1. The contract is concluded at the moment the buyer has accepted the offer and meets the conditions set.

2. The supplier confirms acceptance of the offer by an order confirmation sent by email. Until acceptance has been confirmed by the supplier, the buyer has the right to rescind the contract.

3. The supplier provides a secure web environment and takes appropriate measures for electronic payment. The buyer's data will be protected by technical and organisational measures.

4. The supplier may, within the statutory framework, investigate whether the buyer is able to meet his payment obligation. If, on the basis of this investigation, the supplier sees grounds not to enter into the contract, it has the right to refuse an order or to attach special conditions to the performance of the contract.

5. Ownership of goods delivered by the supplier passes to the buyer once payment has been completed in full.

Article 5 | Rates and payments

1. The prices stated in the offer are in euros and exclude any shipping costs due, unless stated otherwise. La Bizotterie takes part in the Dutch small business scheme (Kleineondernemersregeling, KOR) and therefore does not charge VAT.

2. The prices of the products offered as stated in the offer are not increased after acceptance of the offer, except where this is necessary on the basis of statutory rules or obvious errors in the stated price.

3. From the moment an offer has been accepted by the buyer and the terms and conditions have been accepted, a payment obligation exists for the buyer.

4. If the buyer fails to pay the amount due on time, he is in default by operation of law and owes statutory interest. Interest on the amount due will be calculated from the moment the buyer is in default until the moment the full amount due is paid.

5. If the buyer is in default or in breach of the performance of his obligations, all reasonable costs of obtaining payment out of court are at the buyer's expense.

6. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the supplier's claims against the buyer are immediately due and payable.

Article 6 | Provision of information by the buyer

1. The buyer makes all information relevant to the performance of the contract, including shipping details, available to the supplier in good time.

2. The buyer warrants the accuracy, completeness and reliability of the data made available, even if it originates from third parties.

3. The buyer indemnifies the supplier against any damage arising from failure to comply with the provisions of the first and second paragraphs of this article.

4. The supplier will treat all personal data confidentially and will not provide it in any way to third parties for other purposes.

Article 7 | Right of withdrawal

1. The buyer has a cooling off period of 14 calendar days in which to rescind the contract. The supplier has the right to ask the buyer the reason for the withdrawal, but the buyer is not obliged to give a reason.

2. The cooling off period referred to in the previous paragraph starts on the day after the buyer has purchased the product. After that the buyer has 14 days to send the product back.
After receipt of the returned goods, the supplier refunds the order amount including shipping costs to the buyer's account within 14 days.

3. Products may only be excluded from the right of withdrawal insofar as a statutory exception applies, for example in the case of vintage products adapted or personalised specially for the buyer.

Article 8 | Obligations of buyer and supplier on withdrawal

1. During the cooling off period the buyer must handle the product and the packaging with care. The product may only be inspected as would normally be permitted in a shop.

2. Any reduction in the value of the product due to handling contrary to what is stated in paragraph 1 is at the buyer's expense.

3. The supplier is entitled to request a photo of the product in the event of complaints, before the product is sent back.

4. On receipt of the notification of withdrawal, the supplier sends the buyer an acknowledgement of receipt.

5. The supplier refunds the buyer's payments within 14 days after the buyer has given notice of the withdrawal.

Article 9 | Exercise of the right of withdrawal

1. The buyer notifies the supplier in writing and within the cooling off period of 14 days that he is making use of his right of withdrawal, by sending an email to contact@labizotterie.com stating the relevant order details.

2. Within 14 days of the notification referred to in paragraph 1 of this article, the buyer sends the product back, as far as reasonably possible in its original condition and packaging, in accordance with the return instructions provided by the supplier.

3. The burden of proof for the correct and timely exercise of the right of withdrawal rests with the buyer.

4. The costs of returning the product are at the buyer's expense.

5. If only part of the order is returned, the buyer is not entitled to a refund of the original shipping costs.

Article 10 | Delivery and dispatch

1. The shipping address is the address given by the buyer. The supplier is not liable for errors in the provision of this delivery information.

2. The supplier delivers within the delivery areas stated in the online shop or during the ordering process.

3. The supplier sends accepted orders within two working days at the most, unless a longer period has been agreed or the product is not in stock.

4. Where delivery is delayed, the buyer is notified of this as soon as possible. If delivery takes longer than 30 calendar days, the buyer has the right to rescind the contract free of charge. The supplier will refund the amount the buyer has paid within 14 calendar days of the rescission.

Article 11 | Liability for damage

1. The supplier is not liable for damage arising from this contract, unless the damage was caused intentionally or through gross negligence.

2. The supplier is not liable for damage arising because it relied on incorrect or incomplete data provided by or on behalf of the buyer.

3. The supplier is not liable for damage arising from injudicious or improper use of delivered vintage products, or use incompatible with the nature of the product.

4. The supplier is not liable for normal wear, signs of use or damage to vintage products arising from careless use after delivery.

5. In the event that the supplier owes compensation to the buyer, the damages amount to no more than the amount invoiced by the supplier to the buyer.

6. The buyer indemnifies the supplier against all claims by third parties connected with the products delivered by the supplier.

Article 12 | Intellectual property and copyright

1. The intellectual property rights in the La Bizotterie brand, as well as the trade name, design, product presentations, photo and video material and images of the supplier rest with the supplier and may not be used or reproduced without permission.

2. Acting contrary to the provisions of paragraph 1 of this article constitutes an infringement of copyright.

3. In the event of infringement, the supplier is entitled to compensation amounting to at least three times the licence fee usually charged by the supplier for such a form of use, without losing any right to compensation for other damage suffered.

Article 13 | Offers and promotions

1. The supplier may make offers and run promotions. Once the period of the offer or promotion has expired, the supplier is no longer obliged to abide by the conditions applying to the promotion.

2. Discounts offered only apply where payment has been made within the period set. The supplier determines at all times whether the discount has been correctly applied. In the event of incorrect application, the supplier reserves the right to cancel the order.

Article 14 | Complaints and warranty

1. The buyer is obliged to notify the supplier of complaints about invoices and/or the products delivered within 14 calendar days of the complaint arising.

2. The buyer has a 3 month warranty in the event of manufacturing faults in delivered items, provided these are not perishable goods or goods that can be used for personal care.

3. The warranty or assessment referred to in paragraph 2 applies only in the case of normal and careful use of the product. Damage due to incorrect use, improper storage, careless handling or the normal characteristics of vintage and second hand items is not covered.

4. The supplier is entitled to request photos of the products to which the complaint relates in order to assess the complaint.

5. In a very exceptional case, the supplier has the right to adjust the warranty period without giving a reason.

6. In the event of complaints, the buyer must first turn to the supplier.

Article 15 | Dispute resolution

1. Dutch law applies to these terms and conditions.

2. The parties will only turn to the courts after they have made every effort to settle a dispute by mutual agreement.

3. All disputes will be settled by the competent court in the district in which the supplier is established.

4. By way of departure from the statutory limitation periods, the limitation period for all claims and defences against the supplier and third parties involved is 12 months.