Terms of Service
Definitions
- Venerable Brand: The business entity established at Oranjeplein 17, registered under Chamber of Commerce No. 92188222.
- Customer: The party that has entered into an agreement with Venerable Brand.
- Parties: Venerable Brand and the Customer collectively.
- Consumer: A Customer who is an individual acting for private purposes.
Applicability
- These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Venerable Brand.
- Parties may only deviate from these conditions if explicitly agreed upon in writing.
- The applicability of supplementary and/or deviating general terms and conditions of the Customer or third parties is expressly excluded.
Prices
- All prices are in euros and include VAT, but exclude other costs such as administration fees, levies, travel, shipping, or transport expenses, unless stated otherwise.
- Venerable Brand may adjust its prices at any time.
- Increases in cost prices unforeseen at the time of the offer may result in price increases.
- A Consumer has the right to terminate an agreement due to a price increase unless it results from statutory regulations.
Samples / Models
- Samples or models provided are for indication only unless otherwise explicitly agreed.
Payments and Payment Terms
- Venerable Brand may require a down payment of up to 50% upon agreement.
- The Customer must pay the full amount within the agreed term after delivery.
- Payment terms are strict deadlines. Failure to pay on time results in legal default without a reminder.
- Venerable Brand may require immediate payment or security before delivery.
- Products must be paid for immediately when purchased in-store.
Consequences of Late Payment
- Interest will be charged for overdue amounts — monthly for non-commercial and commercial transactions.
- The Customer owes extrajudicial collection costs.
- Venerable Brand may suspend obligations until full payment is received.
- In the event of liquidation, bankruptcy, or suspension of payment, all claims become immediately due.
- The Customer remains liable for payment even if refusing to cooperate.
Right of Recovery
- Venerable Brand may reclaim unpaid goods upon Customer default.
- Recovery is claimed via written or electronic notice.
- The Customer must return goods immediately unless otherwise agreed.
- Return costs are borne by the Customer.
Right of Withdrawal (Consumer Only)
1. A Consumer may cancel an online purchase within 14 days, if:
- The product is unused
- It is not perishable or custom-made
- It is not excluded for hygiene or licensing reasons
- The seal is intact on digital content
- It is not a travel, ticket, catering, or leisure service
- It is not a single magazine or newspaper
- The right of withdrawal hasn’t been waived
2. The 14-day period begins:
- After receiving the final item in an order
- After the first delivery in a subscription
- Upon confirmation of digital content purchase
3. Consumers may notify withdrawal via support@venerablebrand.com using the withdrawal form on the website.
4. The product must be returned within 14 days of withdrawal notice.
Reimbursement of Costs
- Eligible costs, including shipping and return, will be reimbursed within 14 days if the full order is returned in time.
- Return costs are reimbursed only if the entire order is returned.
Suspension of Obligations
- The Customer waives the right to suspend obligations under the agreement.
Right of Retention
- Venerable Brand may retain products until all payments are made.
- This also applies to previous unpaid agreements.
- Venerable Brand is not liable for damages due to exercising this right.
Settlement
- The Customer waives the right to offset any claim against Venerable Brand.
Retention of Title
- Products remain the property of Venerable Brand until all payments are completed.
- Until then, the Customer may not pledge, sell, or encumber products.
- Upon exercising retention, the agreement is dissolved and Venerable Brand may claim compensation.
Delivery
- Delivery is subject to stock availability.
- Delivery occurs at Venerable Brand or a location agreed upon.
- Online orders are delivered to the Customer's specified address.
- Venerable Brand may suspend delivery until payment is received.
- Delays due to late payment are not grounds for objection.
Delivery Period
- Specified delivery periods are indicative and non-binding unless otherwise agreed.
- Delivery starts after full order placement and confirmation.
- If Venerable Brand cannot deliver within 14 days of written demand, the Customer may cancel.
Actual Delivery
- The Customer must ensure timely acceptance of delivery.
Transport Costs
- Transport costs are borne by the Customer unless otherwise agreed.
Packaging and Shipping
- Damage must be noted by the courier; otherwise, Venerable Brand is not liable.
- If the Customer arranges transport, damage must be reported before shipment.
Insurance and Storage
- Risk of quality loss due to early or late delivery lies with the Customer.
- Additional costs are also borne by the Customer.
Guarantee
- Warranty covers defects due to manufacture, construction, or materials.
- Excludes wear and tear, accidents, modifications, negligence, or improper use.
Exchange
- Products can be exchanged within 14 days with the original invoice.
- Items must be unused and in original packaging.
- Discounted, custom-made, or perishable goods cannot be exchanged.
Indemnity
- The Customer indemnifies Venerable Brand against all third-party claims related to supplied goods/services.
Complaints
- Products/services must be inspected promptly.
- Defects must be reported within 1 month (2 months for Consumers).
- Detailed descriptions must be provided.
- The Customer must prove the complaint relates to the agreement.
- Ongoing work complaints do not oblige additional services.
Notices
- Notices of default must be in writing.
- The Customer is responsible for successful delivery of such notices.
Joint and Several Liability
- When multiple Customers are involved, each is jointly liable for the full amount.
Liability of Venerable Brand
- Venerable Brand is only liable for damage caused by intent or gross negligence.
- Only direct damage is covered.
- Indirect damages (e.g., lost profit) are excluded.
- Liability is limited to insurance payout or the invoice value.
- Images and descriptions are indicative only.
Expiry Period
- Claims for compensation expire 12 months after the liability event.
Dissolution
- The Customer may dissolve the agreement if Venerable Brand fails materially, unless insignificant.
- Dissolution requires a notice of default.
- Venerable Brand may dissolve if obligations are not met or are unlikely to be met.
Force Majeure
- Venerable Brand is not liable for obligations prevented by force majeure.
- Includes (but not limited to): war, disasters, supplier failures, power outages, viruses, strikes, etc.
- Obligations are suspended during force majeure.
- After 30 days of force majeure, either party may dissolve the agreement.
- No compensation is owed in such events.
Modification of the Agreement
- Necessary changes will be made in mutual consultation.
Changes to Terms and Conditions
- Venerable Brand may amend these terms.
- Minor changes may occur at any time.
- Major changes will be discussed with the Customer.
- Consumers may cancel the agreement upon substantial changes.
Transfer of Rights
- The Customer cannot transfer rights without written permission.
- This provision has property law effect under Dutch Civil Code Section 3:83(2).
Nullity or Annullability
- Invalid provisions do not affect the rest of the terms.
- Invalid clauses will be replaced with valid ones closest in intent.
Applicable Law and Jurisdiction
- Dutch law applies exclusively.
- The Dutch court in Venerable Brand’s district has jurisdiction unless the law provides otherwise.
Attribution:
These terms and conditions were created using a document from Rocket Lawyer.