1.1 The following terminology and definitions apply to these Terms and Conditions:
- Viaplaza: the owners.
- Customer: the person who does not trade in occupation or business, who reaches an agreement with Viaplaza
- Item: all products offered and presented by Viaplaza on its website
Applicability and Establishment of Agreements
2.1 These Terms and Conditions apply to all offers by Viaplaza, as well as to all agreements between customers and Viaplaza, unless otherwise agreed upon in writing.
2.2 By purchasing the customer accepts the applicability of these Terms and Conditions.
2.3 Viaplaza reserves the right to change these Terms and Conditions from time to time to modify or supplement.
2.4 An agreement is established as soon as we have received your payment by Credit Card (Paypal) or via bank wire transfer.
2.5 Reserved items are held up to 7 days, and will be marked ‘on hold’ on the website. The reserved items are after these 7 days again offered for sale, unless mutually agreed otherwise in writing.
Prices and Payments
3.1 All prices on this website are in Euro’s and do not include delivery costs and import duties.
3.2 Viaplaza uses the Dutch margin regulation for used products. This means VAT is paid on the margin between buying and selling. The prices of our products include VAT, but according to Dutch regulation no VAT is mentioned on the invoice. The margin scheme is indicated on the invoice as “Dutch margin scheme, no VAT stated on the invoice)”.
Payments can be done
In cash when an object will be picked-up and upon delivery by Viaplaza
By bank wire transfer to the bank account number communicated to the customer by email. Within a maximum period of 7 days the amount due on the bank account must be credited. Beyond this period, the contract is automatically terminated by Viaplaza.
3.4 Shipping costs will be calculated on dimensions and weight of the item and the location of the delivery adress. Please refer to Shipping Information for more information.
The Offers of Viaplaza
4.1 Viaplaza sells only vintage items; all items are second-hand and will show signs of wear and use. We use the following terms to describe the signs of wear and use: excellent (this item is in its original state. It has no defects and no restorations), very good (this item has no defects, but it may show slight traces of use), good/fair (this item remains fully functional, but it shows signs of age through scuffs, dings, faded finishes, minimal upholstery defects, or visible repairs), worn (this item has visible damages, defects, or small missing parts. It may be in need of restoration). Without asking for further information, you agree to the condition of the item.
4.2 Viaplaza describes the items accurately and detailed allowing the customer to assess wether the items meets its expectations. Major flaws are shown in the pictures and/or mentioned in the description. Minor flaws are referred to as ‘wear consistent with age and use’.
4.3 Lighting contains original wiring unless stated otherwise. The wiring is checked on functionality and if necessary replaced. Nevertheless, Viaplaza advices the wiring to be checked by a certified electrician prior to use.
4.4 Items are not automatically removed from the website after purchase, it is therefore possible that a product is no longer available. Viaplaza strives to mark items as sold within 24 hours.
4.5 All lighting is offered with bulbs unless explicitely stated otherwise.
4.6 Viaplaza can not be held to its offer if the customer, in terms of reasonableness, should have understood that the offer contains an obvious mistake or error.
5: Shipments and delivery
5.1 Retrieving the goods is by appointment only, this will be done in consultation with Viaplaza.
5.2 Shipments are made within 3 days after receiving your payment, unless mutually agreed otherwise. Unforeseen problems may occur which could delay shipping and extend this period of three days. Delivery will be at the address provided by the customer to Viaplaza.
5.3 Viaplaza reserves the right to refuse to arrange delivery for exceptionally delicate items. This will always be communicated to the customer before the purchase is made.
5.4 For orders with delivery, please contact us first for the delivery costs.
5.5 The items are packed in the best way possible before shipping. Should there be any damage during the shipping, Viaplaza cannot be held liable. The customer can optionally choose for insured delivery, the costs can be requested through the contact form.
5.6 The customer needs to check the products bought with assured delivery on damage in the presence of the delivery person / carrier before signing the waybill / receipt of the carrier. By signing the waybill / receipt the customer confirms damage-free reception of the products.
6.1 Returns can be made within 14 days of receipt of the item, as long a the item is in the exact same condition as it was at the time of sale. The shipping costs for returning will come to the customer’s account.
6.2 All returns must be announced by e-mail. Once the customer has expressed the wish to make use of his right of withdrawal, the customer must return the item within 14 days. The customer must prove that the goods are returned on time, for example through a proof of posting.
6.3 Items can be returned by sending the item to the given address by Viaplaza or by bringing the item to the adress given by Viaplaza yourself after making an appointment.
6.4 As soon as Viaplaza has received the returned items, the purchase amount will be transferred to the same account with which the payment was made as soon as possible, but at least within the legal term of 30 days.
6.5 The right to repudiate the agreement for a period of 14 days expires if the customer chooses to pick up the items at the given adress by Viaplaza or if the customer has seen the item upon delivery by Viaplaza
7.1 Viaplaza can only be held liable for damage that is attributable to its fault or negligence, or caused by circumstances that are under its risks.
7.2 Viaplaza is not liable for damage caused by third parties or for damages resulting from misuse or by an unforeseeable defect.
8.1 The information provided by the customer is used exclusively for processing of the order and will never be shared with or available to third parties.
9: Intellectual Property
9.1 The customer acknowledges that all intellectual property rights to the information, pictures / photos, announcements or other expressions concerning the items and or with respect to the website or its promotion held by Viaplaza. Photos, images of Viaplaza may not be used without permission of the owner.
10: Force Majeure
10.1 If the customer or Viaplaza are hindered due to circumstances or causes beyond its reasonable control, both parties are not obliged to fulfill any obligation.
10.2 The parties may, during the period that the force majeure suspend the obligations under the agreement. If this period lasts longer than two months, either party is entitled to terminate the agreement without any obligation to pay damages to the other party.
11: Applicable Law and Competent Court
11.1 All rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply, as well as these conditions, solely Dutch law applies.
11.2 All disputes between parties will exclusively be presented to the competent court in the Netherlands.