GENERAL TERMS AND CONDITIONS Vice Planet
Definitions
Vice Planet: Vice Planet, established in Rotterdam , Chamber of Commerce no. 74044818.
Customer: the person with whom Vice Planet has entered into an agreement.
Parties: Vice Planet and customer together.
Consumer: a customer who is an individual acting for private purposes.
Applicability
These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Vice Planet.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Prices
All prices used by Vice Planet are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
Vice Planet is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which Vice Planet could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Samples / models
If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Consequences of late payment
If the customer does not pay within the agreed term, Vice Planet is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Vice Planet.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Vice Planet may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Vice Planet on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Vice Planet, he is still obliged to pay the agreed price to Vice Planet.
Right of recovery of goods
As soon as the customer is in default, Vice Planet is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Vice Planet invokes the right of recovery by means of a written or electronic announcement.
As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Vice Planet, unless the parties agree to make other arrangements about this.
The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation
A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
the product has not been used
it is not a product that can spoil quickly, like food or flowers
the product is not specially tailored for the consumer or adapted to its special needs
it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity, the product is not a separate magazine or a loose newspaper
the purchase does not concern an (assignment to) urgent repair the consumer has not renounced his right of cancellation
The reflection period of 14 days as referred to in paragraph 1 commences:
on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first the product of a subscription as soon as the consumer has purchased a service for the first time
as soon as the consumer has confirmed the purchase of digital content via the internet
The consumer can notify his right of cancellation via info@viceplanet.com, if desired by using the withdrawal form that can be downloaded via the website of Vice Planet, www.viceplanet.com.
The consumer is obliged to return the product to Vice Planet within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
The costs for return are due Vice Planet if the complete order is returned.
If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Vice Planet will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Vice Planet in time.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
Vice Planet can appeal to his right of retention of title and in that case retain the products sold by Vice Planet to the customer until the customer has paid all outstanding invoices with regard to Vice Planet, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Vice Planet.
Vice Planet is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Settlement
The customer waives his right to settle any debt to Vice Planet with any claim on Vice Planet.
Retention of title
Vice Planet remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Vice Planet under whatever agreement with Vice Planet including of claims regarding the shortcomings in the performance.
Until then, Vice Planet can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Vice Planet invokes its retention of title, the agreement will be dissolved and Vice Planet has the right to claim compensation, lost profits and interest.
Delivery
Delivery takes place while stocks last.
Delivery takes place at Vice Planet unless the parties have agreed upon otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, Vice Planet has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Vice Planet.
Delivery period
Any delivery period specified by Vice Planet is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Vice Planet.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Vice Planet cannot deliver within [number of days late] or if the parties have agreed upon otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Vice Planet may not be held liable for any damage.
If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Vice Planet, failing which Vice Planet cannot be held liable for any damage.
Insurance
The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
goods delivered that are necessary for the execution of the underlying agreement goods being property of Vice Planet that are present at the premises of the customer goods that have been delivered under retention of title
At the first request of Vice Planet , the customer provides the policy for these insurances for inspection.
Storage
If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.
Guarantee
The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Exchange
Exchange is only possible if the following conditions are met:
exchange takes place within 14 days after purchase upon presentation of the original invoice
the product is returned in the original packaging or with the original (price) tags still attached to it the product has not been used
Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer and cleaning agents cannot be exchanged.
Indemnity
The customer indemnifies Vice Planet against all third-party claims that are related to the products and/or services supplied by Vice Planet.
Complaints
The customer must examine a product or service provided by Vice Planet as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Vice Planet of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Vice Planet of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Vice Planet is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Vice Planet being forced to perform other work than has been agreed.
Giving notice
The customer must provide any notice of default to Vice Planet in writing.
It is the responsibility of the customer that a notice of default actually reaches Vice Planet (in time).
Joint and several Client liabilities
If Vice Planet enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Vice Planet under that agreement.
Liability of Vice Planet
Vice Planet is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Vice Planet is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
Vice Planet is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If Vice Planet is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from Vice Planet shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
Dissolution
The customer has the right to dissolve the agreement if Vice Planet imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Vice Planet is not permanent or temporarily impossible, dissolution can only take place after Vice Planet is in default.
Vice Planet has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Vice Planet good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Vice Planet in the fulfillment of any obligation to the customer cannot be attributed to Vice Planet in any situation independent of the will of Vice Planet, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Vice Planet .
The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Vice Planet cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Vice Planet can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Vice Planet does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
Vice Planet is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Vice Planet with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer can not transfer its rights deferring from an agreement with Vice Planet to third parties without the prior written consent of Vice Planet .
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Vice Planet had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Vice Planet is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 14 december 2019.