GENERAL TERMS OF SALES
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Article 1 – OBJECT AND ACCEPTANCE
1.1. The present General Terms of Sale (“GTS”) apply, without restriction or reservation, to all orders placed by the Client with VintageRig, and to the exclusion of all other conditions, unless otherwise agreed in writing by the Client and VintageRig.
1.2. The fact that the Client places an order with VintageRig implies his/her full acceptance of the present GTS.
1.3. The present GTS are accessible at any time on the website www.vintagerig.com and are provided as an annex to the quotes and invoices issued by VintageRig. If applicable, they prevail over any previous version and any general terms and conditions of purchase or other of the Client.
1.4. Any processing of the Client’s personal data by VintageRig is subject to the provisions of VintageRig’s privacy policy, which forms an integral part of the present GTS.
1.5. The present GTS are dated 1st January 2023 and are applicable from that date. VintageRig reserves the right to modify the present GTS at any time.
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Article 2 – IDENTITY
The website www.vintagerig.com is managed by:
VintageRig
Rue du Goutteux, 45
7090 Hennuyères, Belgium
Email: info@vintagerig.com
Telephone: +32.455.13.32.34
Company / VAT number: BE.0762.543.229
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Article 3 – DEFINITIONS
3.1. The terms used in the present GTS or on the website www.vintagerig.com should be understood as follows:
3.1.1. Client: any individual or legal entity, legally capable, who places an order with VintageRig.
3.1.2. Order: unequivocal request by the Client to conclude a contract with VintageRig.
3.1.3. Goods: good(s) sold or offered for rent by VintageRig and purchased or taken for rent by the Client.
3.1.4. Services: service(s) sold and provided by VintageRig and purchased by the Client.
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Article 4 – PRICE AND PRE-CONTRACTUAL PHASE
4.1. All prices communicated by VintageRig are expressed in euros and include all taxes, including VAT – at the margin for certain second-hand goods on sale, and in full in all other cases.
4.2. The prices communicated by VintageRig do not include possible delivery costs and insurance costs for delivery.
4.3. The prices communicated by VintageRig and the terms of payment to VintageRig are subject to negotiation.
4.4. Negotiations between VintageRig and a potential client may lead them to enter into a specific agreement that may partially derogate from the general conditions set out in Articles 5 to 8 below.
4.4.1. For example, a potential client and VintageRig may agree on a payment in instalments, the supply of goods in lieu of payment, a trial sale, a reservation of goods for sale in return for a deposit, or a bilateral promise of sale with suspensive conditions.
4.4.2. If such a special agreement is concluded, it will be recorded in writing and will serve as a supplementary agreement between the Client and VintageRig. This special agreement will specify the extent to which it deviates from the general terms set out in the following Articles 5 to 8 and to what extent it will prevail over them.
4.5. Unless explicitly agreed otherwise in a special agreement between the Client and VintageRig, the present GTS shall apply in full to any contract between the Client and VintageRig resulting from an order placed by the Client with VintageRig.
4.6. Where appropriate or required, VintageRig will send the potential client a quote indicating the final total price expected for the order that (s)he is considering placing.
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Article 5 – ORDER AND CONCLUSION OF THE CONTRACT
5.1. The Client places an order with VintageRig by any useful means, be it via the website www.vintagerig.com, via a third-party website, by email, by telephone or in person.
5.2. If the Client’s order involves the delivery of (a) good(s), the Client must provide VintageRig with a relevant delivery slip prepaid by him/her or, failing that, (i) choose and designate the carrier with whom (s)he wishes VintageRig to entrust the parcel containing the good(s) to be delivered and (ii) provide VintageRig with the necessary data to establish a relevant delivery slip with this carrier, also specifying whether (s)he wishes to take out insurance on the delivery.
5.3. The Client is responsible for the accuracy of the information provided to VintageRig when placing his/her order. VintageRig cannot be held responsible for any errors made by the Client in the details of the recipient of the order, for example the delivery address or the invoicing address, nor for any delays in delivery or the impossibility of delivering the good(s) ordered that these errors may cause.
5.4. VintageRig confirms the Client’s order by sending an invoice by email indicating the final total price of the good(s) and/or service(s) ordered by the Client and all other essential details related to the order.
5.5. The confirmation of the order and the invoicing of the Client by VintageRig create contractual obligations between the Client, who must pay, and VintageRig, which must supply the Client with (a) good(s) and/or (a) service(s).
5.6. VintageRig reserves the right to refuse or cancel the order of the Client without justification, in particular in the event of a problem with the payment of this order or a dispute relating to the payment of a previous order, or when the product in question is no longer available.
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Article 6 – PAYMENT
6.1. The Client pays the final price invoiced by VintageRig in cash or by bank transfer to VintageRig’s ING account, whose IBAN is: BE34 3632 0834 1690.
6.2. When the Client pays by bank transfer, the date of this payment is deemed to be the date of its receipt in VintageRig’s bank account and not the date of its sending from the Client’s bank account.
6.3. The Client’s payment is due before the delivery of the good(s) that (s)he rents or purchases from VintageRig.
6.4. Unless otherwise agreed between the Client and VintageRig, the Client’s payment is due from the day of the provision of the service(s) purchased from VintageRig, and in any case within 30 days of the said provision.
6.5. If the Client fails to pay within this period, VintageRig is entitled to claim interest for late payment at a rate of 10%. If two amicable written reminders from VintageRig to the Client after the expiry of this period are unsuccessful, VintageRig has the right to send the Client a letter of formal notice to pay and to charge a fee for this.
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Article 7 – DELIVERY
7.1. Unless the Client wishes to collect the good(s) from VintageRig in person, VintageRig will deliver the good(s) to the carrier that the Client chooses and designates. VintageRig will deliver the good(s) to this carrier within a maximum of seven (7) days following the receipt of the payment from the Client.
7.2. The Client must choose a carrier capable of providing VintageRig with a tracking number for any parcel that VintageRig entrusts to it. When requested by the Client, VintageRig will provide the Client with several relevant options to assist the Client in making this choice.
7.3. Both the date of the receipt issued by the carrier to VintageRig and the date of deposit of the parcel mentioned on the carrier’s website from the tracking number of the parcel shall be taken as proof of the date on which VintageRig handed over the parcel to the carrier.
7.4. The Client is free to decide whether it would be useful to insure the delivery with this carrier and, if so, (s)he informs VintageRig about it.
7.5. The delivery of the good(s) purchased by the Client is made at his/her own risk, without prejudice to his/her rights against the carrier in the event of loss or damage to the good(s).
7.6. VintageRig’s responsibility is limited to the preparation of a parcel containing the good(s) purchased by the Client and the delivery of this parcel to the carrier chosen by the Client within seven (7) days following the receipt of the Client’s payment. In the event of a claim on an insured parcel that VintageRig has entrusted to a carrier, VintageRig will only reimburse the Client within the period and up to the amount of compensation finally granted by the carrier’s insurance. If the insurance company refuses to compensate the loss, VintageRig will subrogate the rights of the Client to the carrier so that the Client can make a claim directly to the carrier.
7.7. VintageRig cannot be held responsible for any delay attributable to the carrier chosen by the Client or for any indirect damage resulting from a late delivery or non-delivery by this carrier. In such a case, the Client cannot claim any compensation from VintageRig.
7.8. As required by Belgian law, VintageRig shall charge VAT on the delivery costs incurred for the Client, unless one of the following three conditions is met: (i) the Client provides VintageRig with a prepaid shipping note OR (ii) the Client is a taxable person with a VAT identification number issued by a Member State other than Belgium and the good(s) is/are delivered to the Client in that same Member State (intra-EU delivery) OR (iii) the good(s) is/are delivered to the Client in a country outside the European Union (extra-EU delivery).
7.9. VintageRig reserves the right to charge the Client a handling fee for the labour and supplies required to (i) pack the good(s) purchased by the Client into a properly prepared parcel, (ii) safely entrust the parcel containing the good(s) purchased by the Client to the carrier chosen by the Client, and (iii) complete the required customs formalities in the event of an extra-EU delivery of the good(s) purchased by the Client.
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Article 8 – RECEPTION
8.1. Depending on the applicable case, the good(s) purchased or rented by the Client are deemed to have been received by the Client either after they have been handed over to the Client in person or to a third party representing the Client, or after the Client or a third party representing the Client has received the parcel entrusted by VintageRig to the carrier designated by the Client.
8.2. Unless there is proof to the contrary, the status of “confirmed delivery” visible on the carrier’s website from the parcel tracking number proves that the parcel has been received by the Client.
8.3. Upon receipt of the delivered good(s), the Client must check its/their good condition. If one or more goods are missing or damaged, the Client must immediately make the necessary reservations to the carrier within 48 hours by means of a registered letter, precisely describing the condition of the packaging and/or the good(s) that it contains, as well as the nature of the damage.
8.4. The Client commits to paying all taxes, duties, and other charges due for the supply of goods and services by VintageRig. VintageRig cannot be held responsible for this.
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Article 9 – NON-DEDUCTIBILITY OF VAT FOR SECOND-HAND GOODS
The Client cannot deduct the VAT due or paid for the second-hand goods sold by VintageRig if these second-hand goods fall under the “special VAT regime” known as “on profit margin”. This system is the result of the strict transposition into Belgian law of the European Directive on the margin system applicable to second-hand goods, works of art, collectors’ items, and antiques (Directive 2006/112/EC of 28.11.2006, Articles 311 à 343) and is referred to in Article 58, § 4, of the Belgian VAT Code and in Royal Decree n°53 of 23.12.1994, and commented on in Circular n°1 of 02.01.1995.
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Article 10 — LEGAL GUARANTEE OF CONFORMITY
10.1. The second-hand goods that VintageRig offers for sale are guaranteed to conform to the textual and photographic description of them on the website www.vintagerig.com.
10.2. This guarantee does not apply to defects that have been communicated by VintageRig and are therefore well known to the buyer.
10.3. In accordance with Article 1649quater of the Belgian Civil Code, the duration of the legal guarantee of conformity on second-hand goods offered by VintageRig is limited to one year.
10.4. The duration of the legal guarantee of conformity on new goods offered by VintageRig is two years.
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Article 11 – CLAIMS
11.1. Any complaint and/or dispute by the Client concerning an invoice issued by VintageRig must be sent by email to info@vintagerig.com within eight (8) days following the date on which the invoice was sent by VintageRig. Failing that, the Client can no longer dispute the invoice issued by VintageRig.
11.2. Any complaint and/or dispute by the Client concerning (a) service(s) provided by VintageRig must be made by email to info@vintagerig.com within fifteen (15) days of the occurrence of the event giving rise to the complaint. Failing that, the Client can no longer contest the provision of the service(s) by VintageRig.
11.3. Any complaint and/or dispute by the Client concerning (a) good(s) supplied by VintageRig must be made by email to info@vintagerig.com within a reasonable period so that (s)he can assert his/her rights under a legal guarantee of conformity.
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Article 12 – RIGHT OF WITHDRAWAL
12.1. In accordance with the conditions set out in Directive 2011/83/EU of 21.10.2011 on consumer protection, the Client who has placed an order with VintageRig at a distance has a right of withdrawal of fourteen (14) days, which can be exercised with VintageRig in writing, ideally by using the legal withdrawal form.
12.1.1. In the case of contracts for the supply of services, this period of fourteen (14) days starts from the day after the conclusion of the contract, i.e., the day on which the Client placed the order with VintageRig. If the Client withdraws in such a case, VintageRig will reimburse the Client within fourteen (14) days from the date of notification of withdrawal the total price paid or, if applicable, the part of this price corresponding to the part of the services not already provided.
12.1.2. In the case of contracts for the supply of goods, this fourteen (14) day period shall run from the day after the Client or a third party other than the carrier chosen by the Client takes physical possession of the good(s). If the Client withdraws in such a case, (s)he has a new period of fourteen (14) days from the day of notification of his/her withdrawal to return the good(s) to VintageRig to be reimbursed. The delivery costs incurred by the Client to return the good(s) are entirely at his/her expense. VintageRig will only reimburse the Client for the price that (s)he paid for the good(s) after (s)he has returned the good(s) in the same condition as it/they was/were delivered by VintageRig, both aesthetically and functionally, it being understood that the photos and information provided on the website www.vintagerig.com are authoritative. VintageRig will reimburse the Client within seven (7) days from the day of the return of the goods the total price paid if the good(s) is/are in good condition or the part of this price corresponding to the residual value of the returned good(s) if it/they have been modified or damaged.
12.2. If the Client’s declaration is unambiguous and clearly states his/her decision to withdraw from the contract, VintageRig will acknowledge receipt of the declaration by replying to the Client in writing.
12.3. In the event of a withdrawal by the Client, VintageRig will reimburse the Client by the same means of payment as the one used by the Client at the time of the order or, failing that, by bank transfer.
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Article 13 – INTELLECTUAL PROPERTY
13.1. The texts, layouts, illustrations, photos, and other elements appearing on the website www.vintagerig.com are protected by copyright and, in general, by the principles of intellectual property law.
13.2. The content of the website www.vintagerig.com may not be copied, modified, placed on another website, or published in any form without VintageRig’s prior written permission.
13.3. The website www.vintagerig.com may also contain texts, illustrations and other elements protected by the copyright of third parties – intellectual property that VintageRig is in no way authorised to give permission to use.
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Article 14 – INVALIDITY, FORCE MAJEURE AND LIABILITY
14.1. If any of the provisions of the present GTS are found to be illegal, invalid, or unenforceable, such provisions shall be deemed to be unwritten, without affecting the validity of the remaining provisions, which shall continue to apply between the Client and VintageRig.
14.2. Neither VintageRig nor the Client can be held responsible for any non-performance due to force majeure beyond their control, including but not limited to: war, riot, insurrection, interruption of transport, import or export problems, strike, lockout, shortage, fire, earthquake, storm, and flood.
14.3. In the fortuitous event that VintageRig is unable to execute the order of the Client, VintageRig will inform the Client and the Client can ask to cancel the order. In such a case, VintageRig will reimburse the Client within seven (7) days from the day of the cancellation by using the same payment method as the one used by the Client at the time of the order or, failing that, by bank transfer. VintageRig cannot be held responsible for any indirect damage resulting from the impossibility to execute the Client’s order.
14.4. VintageRig’s liability is exclusively limited to the value of the good(s) and/or service(s) ordered by the Client and cannot be held responsible for simple errors or omissions that may occur despite all the precautions taken.
14.5. VintageRig can in no case and in no way be held responsible for (i) damages of any kind resulting from a misuse of the marketed goods, (ii) possible modifications of a sold good due to its manufacturer, (iii) the current or future content of third-party websites to which the website www.vintagerig.com provides links or that provide a link to the website www.vintagerig.com, or (iv) the non-respect of the regulations and laws in force outside the Belgian territory.
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Article 15 – APPLICABLE LAW AND COMPETENT COURTS
15.1. The present GTS and the entire contractual and legal relationship between the Client and VintageRig are governed exclusively by Belgian law.
15.2. In the event of a dispute, the Client and VintageRig commit to identifying and implementing an amicable solution before taking legal action.
15.3. In the absence of an amicable settlement despite the best efforts of the Client and VintageRig, only the Courts of the judicial district of Hainaut will be competent, notwithstanding the place of residence of the Client or the place of delivery of the good(s) offered by VintageRig.