Terms and conditions


For all orders placed on www.heritage-antiek.nl, www.heritage-antiques.nl and www.winckelvansinckelantiek.nl the following General Terms and Conditions apply:

Article 1 Application

1.1        
These General Terms apply to all offers made by Heritage Antiek & Brocante, referred to below as "Heritage" and all agreements with Heritage unless parties have explicitly agreed in written statement that these General Terms do not apply.
1.2        
Customers who wish to use their own terms and conditions must have Heritage’s explicit agreement in writing.
1.3        
Deviations of the General Terms are only applicable if these have been agreed upon in a written statement in which case all other articles of these General Terms remain applicable without change.
1.4        
When accepting an offer or placing an order the Customer accepts the applicability of these General Terms.
1.5        
A Customer is defined as each visitor to the website or any person or legal entity having a contractual relation or intending to having a contractual relation with Heritage.
1.6        
Heritage is entitled to update or append to these General Terms over time.
1.7        
By using Heritage's internet site and/or placing an order the Customer accepts these General Terms as well as all other legal rights and obligations as printed on the internet site.
1.8        
Heritage is authorized to make use of intermediaries and other third parties while executing the agreement with a Customer. In such cases these General Terms are applicable as well without change.

Article 2 Offers/agreements

2.1        
All offers made by Heritage are without obligation and only valid if items are in stock.
2.2        
Heritage explicitly has the right to update prices, in particular when this is required by law/legal.
2.3        
An agreement is reached when an order confirmation has been sent to the Customer based on the Customers' order information via email to the email address as supplied by the Customer. The Customer and Heritage agree explicitly that using electronic means of communication results in a valid agreement as soon as the order confirmation has been sent to the Customer. Heritage's electronic archives are considered legally acceptable valid evidence or indication of evidence.
2.4        
Information, graphics, images, oral announcements, given by telephone or via email as well as statements et cetera with regards to all offers and the most important characteristics of products are displayed or made in the most accurate manner. However, Heritage does not guarantee that all offers and products comply to the given information et cetera completely. Deviations in principle cannot lead to compensation and/or cancellation.

Article 3 Prices and payments

3.1        
All prices quoted by Heritage are in Euros, including VAT and excluding shipment costs and administration fees, unless explicitly stated otherwise or agreed upon in a written statement.
3.2        
Shipment costs and administration fees are listed on the internet site. These costs and fees are dependent on the value of the order measure of payment and the requested shipping method. For shipments to outside the European Union import duties and customs duties may apply, the customer is responsible for those duties.
3.3        
Heritage offers several different shipment methods. All available methods are listed on the website. For destinations outside the Netherlands Heritage offers low-cost shipment methods for small parcels under two (2) kilograms and for mailbox parcels. Those shipment methods are not traceable and Heritage takes no responsibility for parcels lost in transit if these shipment methods are chosen.
3.4        
Special offers are only valid during the period quoted on the internet site with respect to that specific offer.
3.5        
Heritage cannot be held responsible for offers which contain what a reasonable person would consider obvious mistakes or typographical errors.
3.6        
Special Offers do not automatically apply to repeat orders.
3.7        
The amount due on orders may be paid in one of the following ways: 
•        the Customer pays the amount due including shipment costs, administration fees and insurance costs in advance to IBAN bank account NL95RABO0369951689 in the name of Heritage in Heinenoord, The Netherlands. The BIC code of the bank is RABONL2U.
•        the Customer pays the amount due including shipment costs, administration fees and insurance costs in advance to Paypal account paypal@heritage-antiek.nl in the name of Heritage in Heinenoord, The Netherlands.
•        The customer pays the amount due upon collection at our store.
•        The customer pays the amount due cash on delivery. The payment is to be made cash in exact change to the delivery service upon delivery. This service is only available for parcels sent within the Netherlands.
3.8        
Agreements for which any due payment has not been received by Heritage after two weeks of the initial order date, will automatically be cancelled.

Article 4 Delivery
4.1        
Orders are usually shipped within three working days upon receiving the complete payment. The aforementioned shipping period is strictly indicative and is not guaranteed. If this shipping period is exceeded, the Customer is not entitled to any claim for compensation nor does the Customer have the right to cancel the agreement in such case, unless the delay is of such duration that the Customer could reasonably not be expected to keep the agreement. In such cases the Customer is entitled to cancel the order or dissolve the agreement as far as this is necessary.The Customer is entitled to dissolve the agreement without costs if the delivery period exceeds 30 days. Amounts that have been prepaid to Heritage with regards to the cancelled order will be returned.
4.2        
If the Customer orders an item that is out of stock, Heritage will return any payments made within fourteen (14) days. Delays will be reported to the Customer via email or telephone.
4.3
The order is shipped to the shipping address as supplied by the Customer when the agreement is completed.

Article 5 Ownership

5.1        
The ownership of products is passed, to the Customer when they have fulfilled their obligations with regard to the agreement. Any return shipments to Heritage are at the risk and costs of the Customer and must be accompanied by a written statement explaining the reasons of the return.

Article 6 Return of products

6.1        
The Customer is obliged to thoroughly check upon delivery whether the products meet the agreement. The Customer must take into account small size and colour differences of the products compared to those displayed on the internet site. If a product does not satisfy the agreement, the Customer must inform Heritage as soon as possible, but in any case within seven (7) working days after delivery, or as soon as checking could reasonably be performed.
6.2        
If it is evident products do not meet the agreement, Heritage has the option to replace the specific products upon their receipt by new products or return the invoiced value of the returned products.
6.3        
If the Customer does not wish to keep a product for any reason, the Customer is entitled to return the product to Heritage within seven (7) days after delivery took place. In this case return shipments are only accepted if the products are in the same condition as when they left Heritage.
6.4        
If the Customer uses his/her right to return articles as mentioned in the above paragraph, Heritage will repay the amount the Customer paid to Heritage within fourteen (14) days after receiving the return shipment.
6.5        
The Customer is responsible for the costs of the shipment and holds the risk of returning products until Heritage has received them.

Article 7 Guarantee and liability

7.1        
Heritage can never be obliged to pay any compensation to the Customer or third party, unless it is a question of malice or major fault on Heritage’s part. Heritage may never be held responsible for collateral damage, damage to business, indirect damage and loss of profit or turnover. Heritage can never be held responsible for any damage, personal or otherwise, caused by the use of antique or vintage products sold by Heritage.
7.2        
If Heritage is obliged for any reason to make good any damage the compensation is never more than the amount on the invoice for the product or service that caused the damage.

Article 8 Force majeure

8.1        
In case of force majeure Heritage is not obliged to honour its obligations to the Customer or the obligation is held up for as long as the force majeure lasts.
8.2        
Force majeure is any circumstance Heritage has no control over, preventing Heritage from honouring its obligations towards the Customer fully or partially. These circumstances include strike, fire, business disturbance, energy supply faults, non-delivery or not-in-time delivery by suppliers or other called in third parties and the absence of any government issued license. Disturbances in a (telecommunication) network or used communication systems as well as the unavailability of the internet site at any time are also understood by Force majeure.

Article 9 Intellectual property

9.1        
The Customer recognizes explicitly that all right of intellectual property of the reported information, graphics, announcements or other expressions regarding the products, the inspiration and the internet site in general are vested in Heritage, its suppliers or other rightful claimants.
9.2        
Intellectual property includes patents, copyright, trademarks, graphical and modeling rights and other (intellectual property) rights, including technical and/or commercial know how, methods and design, both charterable and not charterable.
9.3        
It is prohibited to use, including making adaptations, intellectual property rights as described in this article, such as duplication, without the explicit preceding written permission of Heritage, her suppliers or other rightful claimants, unless the use is purely personal in relation to the product itself.

Article 10 Privacy

10.1        
All data provided by the Customer, is strictly confidential and will be used for the following purposes:
•        processing the order, the payment of the order and delivery to the provided delivery address
•        advancing the user friendliness of the internet site
•        facilitating personal offers and providing relevant information or newsletters
10.2        
Heritage observes the applicable privacy rules and laws.
10.3        
Heritage does not provide customer data to third parties.

Article 11 Applicable law en competent court

11.1        
Dutch law is exclusively applicable to all rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply as well as these General Conditions and Terms.
11.2        
The applicability of The United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly disqualified.
11.3        
All disputes between parties will be exclusively propounded to the competent court in the Netherlands.

Article 12 Various

12.1        
Heritage Antiek & Brocante is situated at Blaaksedijk oost 19, 3274LA Heinenoord, The Netherlands and is registered at the Chamber of Commerce   Rotterdam under the name Handelsonderneming Blaak, registration number 23028985. The VAT-identification number is NL120211373B01.
12.2        
All correspondence should be address to Heritage Antiek & Brocante, Blaaksedijk oost 19, 3274LA Heinenoord, The Netherlands or to the email address on the internet site.
12.3        
When Heritage has permitted deviations from their General Terms and condtions for a short or longer period of time, tacitly or not, it does not affect its right to require direct and strict fulfilment of these General Terms and Conditions. The Customer does not have any claim based on the fact Heritage has loosely applied these General Terms and Conditions.




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