General terms and conditions - The Antiques Company

General terms and conditions

General terms and conditions

Table of contents:
Article 1 - Definitions
Article 2 - Identity of The Antiques Company
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of The Antiques Company in the event of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Additional provisions

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

  • Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by De Antiek Compagnie or by a third party on the basis of an arrangement between that third party and De Antiek Compagnie;
  • Reflection period: the period within which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  • Bye: calendar day;
  • Digital content: data produced and delivered in digital form;
  • Lease agreement: a contract for the regular supply of goods, services and/or digital content during a specified period;
  • Durable data medium: any device - including e-mail - which enables the consumer or trader to store information addressed personally to him in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
  • Right of withdrawal: the consumer's ability to waive the distance contract within the cooling-off period;
  • Remote agreement: an agreement concluded between De Antiek Compagnie and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
  • Model withdrawal form: the European withdrawal form set out in Annex I to these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;
  • Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.


Article 2 - Identity of The Antiques Company


The Antiques Company

Zompstraat 15C

8102HX, Raalte, Netherlands

Chamber of commerce number: 77092023

Btw-identificatienummer: NL003165815B33


Article 3 - Applicability

  • These general terms and conditions apply to every offer made by De Antiek Compagnie and to every agreement concluded between entrepreneur and consumer.
  • Before the agreement is concluded, the text of these general terms and conditions shall be made available to the customer. If this is not reasonably possible, De Antiek Compagnie shall, before the agreement is concluded, indicate how the general terms and conditions can be inspected at De Antiek Compagnie and that, at the consumer's request, they will be sent free of charge as soon as possible.
  • If the agreement is concluded electronically, notwithstanding the previous paragraph and before the agreement is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that it can be easily stored by the customer on a durable data carrier. If this is not reasonably possible, before the agreement is concluded it will be indicated where the general terms and conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
  • The Antiques Company expressly rejects any general terms and conditions declared applicable by the consumer.


Article 4 - The offer

  • The offer of the De Antiek Compagnie is without obligation and can be withdrawn by the entrepreneur at any time. The prices mentioned in the offer of products or services are, if applicable, inclusive of VAT or with margin regulation. When using a website on which its products are offered, the entrepreneur makes every effort to keep the website updated and remove products already sold from it. However, if the customer has accepted an offer while it was previously accepted by someone else, no agreement will be established between the entrepreneur and the customer.
  • The offer contains as complete and accurate a description as possible of the products, digital content and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If De Antiek Compagnie makes use of images, these are a truthful representation of the products, services and/or digital content on offer. Obvious mistakes or obvious errors in the offer do not bind De Antiek Compagnie.
  • De Antiek Compagnie offers used products. All items from De Antiek Compagnie may contain traces of use. Not all traces of use and/or defects will be specifically named, (additional details can always be requested from De Antiek Compagnie) Without requesting further information you agree to the condition of the item.
  • Some products in the lighting category will not comply with current safety regulations due to the original wiring and fitting. Consumers are therefore advised to consult a licensed electrician for installation.



Article 5 - The agreement

  • Subject to the provisions of paragraph 4, the agreement comes into effect when De Antiek Compagnie has confirmed the consumer's acceptance of the offer and the fulfilment of the conditions stipulated thereby.
  • If the consumer has accepted the non-binding offer electronically, the agreement comes into effect after confirmation from De Antiek Compagnie.
  • De Antiek Compagnie can, within the limits of the law, investigate whether the consumer is able to fulfil his payment obligations, as well as all those 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, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.
  • The Antiques Company will enclose with the product or service to the customer the following information, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:
    the visiting address of the trader's branch to which the customer can address complaints;
    b. the conditions under which and the manner in which the customer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
    c. the information on any guarantees and existing after-sales services;
    d. the data included in article 6 paragraph 1 of these terms and conditions, unless the entrepreneur has already provided this data to the customer before the execution of the agreement.


Article 6 - Right of withdrawal

By products:

  • Consumers can dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons.
  • Business customers and customers outside the European Union do not have a Right of Revocation.
  • The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
  • if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The Antiques Company may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
  • If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
  • For contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product.



Article 7 - Obligations of the consumer during the cooling-off period

  • During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  • The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
  • The consumer shall not be liable for diminished value of the product if De Antiek Compagnie did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the agreement.


Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  • If the consumer exercises his right of withdrawal, he shall notify De Antiek Compagnie within the withdrawal period using the model withdrawal form or in another unambiguous manner.
  • As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorised representative of) De Antiek Compagnie.
  • The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by De Antiek Compagnie.
  • The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  • The consumer bears the direct cost of returning the product.
  • The consumer bears the risk of returning the product.
  • If the consumer exercises his right of withdrawal, all additional contracts will be terminated by operation of law.


Article 9 - Obligations of The Antiques Company in the event of revocation

  • If De Antiek Compagnie facilitates the consumer's notification of withdrawal by electronic means, it will send a confirmation of receipt without delay after receiving this notification.
  • De Antiek Compagnie will refund all payments made by the consumer, including any delivery costs charged by De Antiek Compagnie for the returned product, without delay but within 14 days following the day on which the consumer notifies it of the withdrawal. De Antiek Compagnie may refrain from refunding until it has received the product.
  • The Antiques Company will use the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  • If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, De Antiek Compagnie does not have to refund the additional costs for the more expensive method.


Article 10 - Exclusion of right of withdrawal

The following products and services are excluded from the right of withdrawal.

  • Products or services whose price is subject to fluctuations in the financial market over which The Antique Company has no influence and which may occur within the withdrawal period;
  • Agreements concluded at a public auction. A public auction means a method of sale where products, digital content and/or services are offered by De Antiek Compagnie to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  • Service agreements, after full performance of the service, but only if:
  • the performance has begun with the consumer's express prior consent; and
  • the consumer has stated that he loses his right of withdrawal once De Antiek Compagnie has fully performed the agreement;
  • Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
  • Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
  • Products manufactured to consumers' specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
  • The supply of digital content other than on a tangible medium, but only if:
  • the performance has begun with the consumer's express prior consent; and



Article 11 - The price

  • During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  • Contrary to the previous paragraph, De Antiek Compagnie may offer products or services whose prices are subject to fluctuations in the financial market and on which De Antiek Compagnie has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
  • Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
  • Price increases from 3 months after the conclusion of the agreement are only permitted if De Antiek Compagnie has stipulated this and:
  1. they result from statutory regulations or provisions; or
  2. the consumer has the power to terminate the agreement from the day on which the price increase takes effect.
  • The Antiques Company remains the owner of the items sold to the Consumer as long as the Customer has not paid the purchase price and any more due in full.



Article 12 - Conformity, warranty and liability
1. The products delivered or services rendered by the entrepreneur comply with the agreement.

  1. Consumers will place wooden products in an area with humidity between 55% and 70%. If a consumer fails to do so, this may cause the wooden products to shrink, expand or crack, among other things. In that case, these consequences are at the customer's expense and risk.
  2.  The wooden products are treated against woodworm if necessary by the entrepreneur. As this treatment cannot guarantee that the product is and remains woodworm-free upon sale, the consequences of any damage caused by woodworm to the product are the customer's responsibility.
  3. The entrepreneur is only liable towards the consumer for damages that are the direct

results from an attributable failure to perform this agreement (direct damage)

up to a maximum equal to the selling price of the product or the fee for the service per

years, unless there is intent or deliberate recklessness on the part of the entrepreneur. The

entrepreneur is not liable for indirect damages of the consumer.

  1. If the entrepreneur needs to carry out work on the consumer's premises for the purpose of, among other things, installing products, the consumer will ensure a safe working environment and will carefully follow all instructions of the entrepreneur related to this.



Article 13 - Delivery and execution

  • The place of delivery is the address made known to the company by the consumer
  • De Antiek Compagnie will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  • Subject to the stipulations of Article 4 of these General Terms and Conditions, De Antiek Compagnie will execute accepted orders with due speed, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer does not have the right to dissolve the agreement without costs or the right to possible damages.
  • The risk of damage and/or loss of products rests with De Antiek Compagnie until the moment of delivery to the consumer or a representative designated in advance and made known to De Antiek Compagnie, unless expressly agreed otherwise.




Article 14 - Payment

  • All items must be paid in full before they are collected or the items go on transport to the consumer or business customer unless otherwise agreed.
  • Unless otherwise provided for in the agreement or additional terms and conditions, the amounts owed by the consumer should be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives the confirmation of the agreement.
  • When selling products to consumers, general terms and conditions may never oblige the consumer to pay more than 50% in advance. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
  • The consumer has a duty to immediately report inaccuracies in payment details provided or stated to De Antiek Compagnie.
  • If the consumer fails to meet his payment obligation(s) on time, the consumer shall, after having notified De Antiek Compagnie of the late payment and De Antiek Compagnie has granted the consumer a period of 14 days to still fulfil his payment obligations, after the failure to pay within this 14-day period, owe statutory interest on the amount still owed and De Antiek Compagnie shall be entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40. The Antiques Company may deviate from the said amounts and percentages for the benefit of the consumer.


Article 15 - Complaints scheme

  • The Antiques Company has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
  • Complaints about the performance of the agreement must be submitted to De Antiek Compagnie within a reasonable time after the consumer has discovered the defects, complete with high-quality photos of the closed packaging upon delivery and the product with a clear description.
  • Complaints submitted to De Antiek Compagnie will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, De Antiek Compagnie 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.
  • The consumer must give De Antiek Compagnie at least four weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is amenable to the dispute resolution procedure.


Article 16 - Disputes

  • Agreements between De Antiek Compagnie and consumers to which these general terms and conditions relate are governed exclusively by Dutch law.


Article 17 - Additional or different provisions

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

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