These General Terms and Conditions apply to our entire range of products and to every agreement between Scandi LAB and the customer.

 

Table of Contents:

 

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 – Obligations of the consumer during the cooling-off period

Article 8 – Costs in case of withdrawal

Article 9 – Obligations of the entrepreneur upon withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance and additional warranty

Article 13 – Delivery and execution

Article 14 – Long-term transactions: duration, termination and renewal

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Supplementary or deviating provisions

Article 19 – Amendment of the General Terms and Conditions

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Article 1 – Definitions

 

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Durable data carrier: any device – including email – that enables the consumer or entrepreneur to store information addressed to him personally in a manner that allows for future consultation or use during a period tailored to the purpose for which the information is intended, and that enables the unaltered reproduction of the stored information;

Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the agreement, use is made exclusively or partly of one or more techniques for distance communication;

Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;

Technique for distance communication: means that can be used to conclude an agreement without the consumer and the trader being simultaneously present in the same space.

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Article 2 – Identity of the entrepreneur

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Name of entrepreneur: Vinterieur

Trading under the name(s): Scandi LAB

Registered address: Vronkenlaan 55, 2352 EM Leiderdorp

Visiting address: Chopinlaan 2, 2394 GL Hazerswoude Rijndijk

Chamber of Commerce number: 68176325

VAT number: 856629996B01

 

Article 3 – Applicability

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These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

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Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

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If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a manner that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him.

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If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible. Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.

 

Article 4 – The Offer

 

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

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The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

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Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.

 

Article 5 – The Agreement

 

Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.

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Within legal frameworks, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant for responsibly entering into 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 with reasons, or to attach special conditions to its execution.

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The entrepreneur shall, at the latest upon delivery of the product, service, or digital content to the consumer, include the following information in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable data carrier:

 

the visiting address of the entrepreneur's establishment where the consumer can submit complaints;

the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; information regarding warranties and existing after-sales service;

the price, including all taxes, of the product, service, or digital content;

where applicable, the delivery costs;

and the method of payment, delivery, or execution of the distance contract;

the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;

if the consumer has a right of withdrawal, the model withdrawal form. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 – Right of Withdrawal Regarding products

 

The consumer may dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s). The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or: if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; for contracts for regular delivery of products over a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

 

Article 7 – Obligations of the consumer during the cooling-off period

 

During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store. The consumer is only liable for any decrease in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.

 

Article 8 – Costs in the event of withdrawal

 

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has in any event complied with the return period if he returns the product before the cooling-off period has expired. The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer. The consumer shall bear the direct costs of returning the product. If the consumer exercises his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.

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Article 9 – Obligations of the entrepreneur upon withdrawal

 

If the entrepreneur enables the consumer to submit a notification of withdrawal electronically, he shall send an acknowledgment of receipt immediately after receiving this notification. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, with deduction of the delivery costs. This is subject to the condition that the product has already been received back by the webshop owner or that conclusive proof of complete return can be provided. The refund will be made via the same payment method used by the consumer unless the consumer explicitly consents to a different payment method. The entrepreneur shall use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer. In the event of damage to the product caused by careless handling by the consumer, the consumer is liable for any reduction in the value of the product.

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Article 10 – Exclusion of right of withdrawal

 

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person; which, by their nature, cannot be returned;

 

Article 11 – The price

 

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices shall be stated in the offer. The prices stated in the offer for products or services include VAT. The margin scheme applies to all goods, unless otherwise specified. Typographical errors and errors in the calculation of shipping costs reserved.

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Article 12 – Fulfillment of Agreement and Additional Warranty

 

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and/or usability. The entrepreneur sells original vintage (second-hand) items. Given the age of these items, signs of wear may be present. Electronic devices are tested by the entrepreneur and sold only if they are in working order. However, given the age of the products, the entrepreneur cannot provide a technical warranty. The entrepreneur is not responsible for consequential damage caused by misuse or by a defect unforeseeable to the entrepreneur.

 

Article 13 – Delivery and Execution

 

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has provided to the entrepreneur. Subject to what is stated regarding this in Article 4 of these General Terms and Conditions, the entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost. After dissolution in accordance with the previous paragraph, the entrepreneur shall immediately refund the amount paid by the consumer. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

 

Article 14 – Long-term transactions: duration, termination and renewal

 

Termination:

The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of at most one month. The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of at most one month. The consumer may terminate the agreements mentioned in the previous paragraphs: – at any time and not be limited to termination at a specific time or in a specific period; – at least in the same manner as they were entered into by him; – always with the same notice period as the entrepreneur has stipulated for himself.

 

Extension:

An agreement entered into for a fixed term and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration. Notwithstanding the previous paragraph, an agreement entered into for a fixed term and which provides for the regular delivery of daily newspapers, news magazines, weekly newspapers and periodicals may be tacitly extended for a fixed duration of up to three months, provided that the consumer may terminate this extended agreement at the end of the extension period with a notice period of at most one month. An agreement entered into for a fixed term and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate it at any time with a notice period of at most one month. The notice period shall be at most three months in the event that the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news magazines, weekly newspapers and periodicals. An agreement of limited duration for the regular delivery of daily newspapers, news magazines, weekly newspapers, and periodicals for introductory purposes (trial or introductory subscription) is not tacitly renewed and terminates automatically at the end of the trial or introductory period.

 

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

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Article 15 – Payment

 

Unless otherwise stipulated in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the sale of products to consumers, the consumer may never be required in general terms and conditions to make an advance payment of more than 50%. When advance payment has been agreed upon, the consumer cannot assert any right regarding the execution of the relevant order or service(s) until the agreed advance payment has been made. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. If the consumer fails to meet his payment obligation(s) in a timely manner, he shall, after having been notified by the entrepreneur of the late payment and the entrepreneur having granted the consumer a period of 14 days to still fulfill his payment obligations, be liable for statutory interest on the outstanding amount after failure to pay within this 14-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.

 

Article 16 – Complaints Procedure

 

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints regarding the performance of the agreement must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

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Article 17 – Disputes

 

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

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Article 18 – Supplementary or deviating provisions

 

Supplementary provisions or provisions deviating from these general terms and conditions must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible way on a durable data carrier.

 

Article 19 – Amendment of the General Terms and Conditions

 

Changes to these terms and conditions shall only take effect after they have been published in an appropriate manner.