TERMS AND CONDITIONS

VINGINO TERMS AND CONDITIONS

The general terms and conditions for the outlet website differ from the general terms and conditions stated on our Vingino website. On the outlet website, all products are sold with high discounts, which means that different rules apply than on the regular website. When placing an order, you must carefully review the terms and conditions beforehand.

Table of Contents:
Article 1 – Definitions
Article 2 - Identity of the entrepreneur
Article 3 – Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 – Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 – Payment
Article 13 – Complaint procedure
Article 14 – Disputes
Article 15 - Additional or deviating provisions

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;

2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

3. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

4. Day: calendar day;

5. Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information;

6. Right of withdrawal: the possibility for the consumer to withdraw from the contract within the cooling-off period if the consumer can demonstrate that the product is defective.

7. Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can use when they wish to exercise their right of withdrawal;

8. Entrepreneur: the legal entity Vinci Vici B.V., whose identity is stated in Article 2 of these general terms and conditions, offering products remotely to consumers via the website;

9. Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where up to and including the conclusion of the agreement, only one or more means of distance communication are used;

10. Means of distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same room.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Trade name: Vinci Vici B.V.
Registered address:
Mariënhoef 6
3851 ST Ermelo
Netherlands

Phone number: 0341 - 562 588
Availability: 09:00 - 17:00 Monday to Thursday. 09:00 - 15:00 on Friday (local rate).
Email address: support@vingino.com
Chamber of Commerce number: 66117631
VAT identification number: NL85640175B01

ARTICLE 3 – APPLICABILITY

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and to orders between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.

3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or in another way at the consumer's request.

4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.

5. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

ARTICLE 4 – THE OFFER

1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. However, the entrepreneur cannot guarantee that the color(s) of products as displayed on the webshop exactly match the actual color(s) of the products. In some cases, small deviations (different buttons and zippers) may occur in the products. The consumer cannot derive any rights from this.

3. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

4. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.

ARTICLE 5 – THE AGREEMENT

1. The agreement, subject to the provisions of paragraph 4 of this article, is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur can - within legal frameworks - inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

5. The entrepreneur will, at the latest upon delivery of the product, send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
   b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   c. information about guarantees and existing after-sales service;
   d. the price including all taxes of the product; if applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
   e. If the consumer has a right of withdrawal, the model withdrawal form.

ARTICLE 6 – RIGHT OF WITHDRAWAL

1. If there are tears/holes or other significant defects in a product, the consumer may exercise their right of withdrawal and return the product. This right of withdrawal expressly does not apply to differences and/or errors between the images of the products and the products themselves.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 of this article. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:
   a. manufactured according to the consumer's specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
   b. that spoil quickly or have a limited shelf life;
   c. sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

ARTICLE 9 – THE PRICE

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   a. these are the result of legal regulations or provisions; or
   b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

ARTICLE 10 – CONFORMITY AND WARRANTY

1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. An additional warranty provided by the entrepreneur, their supplier, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill their part of the agreement.

3. Additional warranty means any commitment by the entrepreneur, their supplier, importer or producer that grants the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.

4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing immediately after delivery. Return of the products should, if reasonably possible, be in the original packaging and in new condition.

5. The consumer cannot invoke the warranty if;
   a. they have repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
   b. the delivered products have been exposed to abnormal circumstances or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
   c. the defectiveness is wholly or partly the result of government regulations regarding the nature or quality of the materials used.
   
   

ARTICLE 11 – DELIVERY AND EXECUTION

1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of what is stated about this in Article 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs.

4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known representative of the entrepreneur, unless explicitly agreed otherwise.

6. Delivery takes place as long as stocks last.

ARTICLE 12 – PAYMENT

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 2 days after the conclusion of the agreement.

2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

3. The consumer pays shipping costs starting from €4.95. Shipping costs vary by country:
   - For orders within the Netherlands, shipping costs are €4.95.
   - For orders to Belgium, Luxembourg, Germany, and Austria, shipping costs are €6.95.
   - For orders to Italy, France, and Spain, shipping costs are €8.95.

4. If the consumer fails to meet his payment obligation(s) in a timely manner, after being informed by the entrepreneur of the late payment and granted a period of 2 days by the entrepreneur to still fulfill his payment obligations, the consumer will owe the statutory interest on the outstanding amount if payment is not made within this 2-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the next € 5,000, with a minimum of € 40.

5. Following dissolution in accordance with the preceding paragraph of this article, the entrepreneur shall promptly repay the amount paid by the consumer, after offsetting any amounts owed by the consumer under the previous paragraph.

ARTICLE 13 – COMPLAINTS PROCEDURE

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described, within 7 days after receipt of the goods, after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

4. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

ARTICLE 14 – DISPUTES

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.

2. The District Court Midden-Nederland, location Utrecht, has exclusive jurisdiction to hear all disputes between the consumer and the entrepreneur, unless mandatory law prescribes otherwise.

3. The European Commission provides a platform for online dispute resolution, which you can find here: http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for dispute resolution.

ARTICLE 15 – FINAL PROVISIONS

1. Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

2. If any provision of these general terms and conditions is found to be void or is annulled by a court, this shall not affect the validity of the remaining provisions. In that case, the entrepreneur is entitled to replace the relevant provision with a provision that approximates its purport as much as possible without being void or subject to annulment.

3. In case of interpretation of the content and purport of these general terms and conditions, the Dutch text thereof shall always be decisive.