Terms & Conditions
Article 1. Definitions
1.1. ROSKI YARD Vintage: established in Amsterdam and registered with the Chamber of Commerce under registration number 67152287, trading under the name ROSKI YARD Vintage.
1.2. Website: the website of ROSKI YARD Vintage, which can be consulted via www.roskiyard.com and all associated subdomains.
1.3. Customer: the natural person who, not acting in the exercise of a profession or business, enters into an Agreement with ROSKI YARD Vintage and/or has registered on the Website.
1.4. Agreement: any arrangement or agreement between ROSKI YARD Vintage and Customer, of which agreement the General Terms and Conditions form an integral part.
1.5. General Terms and Conditions: the present General Terms and Conditions.
Article 2. Applicability of General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, Agreements and deliveries of ROSKI YARD Vintage, unless expressly agreed otherwise in writing.
2.2. If the Customer includes provisions or conditions in his order, confirmation or notification of acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for ROSKI YARD Vintage if and to the extent that they have been expressly accepted in writing by ROSKI YARD Vintage.
2.3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions the Customer can always rely on the applicable provision that is most favourable to him.
Article 3. Prices and information
3.1. All prices stated on the Website and in other materials originating from ROSKI YARD Vintage are inclusive of VAT and, unless stated otherwise on the Website, other levies imposed by the government.
3.2. If shipping costs are charged, this will be clearly stated in good time before the Agreement is concluded. In addition, these costs will be displayed separately in the ordering process.
3.3. The content of the Website has been compiled with the greatest care. However, ROSKI YARD Vintage cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from ROSKI YARD Vintage are therefore subject to obvious programming and typing errors.
3.4. ROSKI YARD Vintage cannot be held responsible for (colour) deviations due to screen quality.
Article 4. Formation of Agreement
4.1. The Agreement is formed at the moment of acceptance by the Customer of the offer from ROSKI YARD Vintage and compliance with the conditions set by ROSKI YARD Vintage.
4.2. If the Customer has accepted the offer electronically, ROSKI YARD Vintage will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.
4.3. If it appears that incorrect information has been provided by the Customer upon acceptance or otherwise entering into the Agreement, ROSKI YARD Vintage has the right to fulfil its obligation only after the correct information has been received.
4.4. ROSKI YARD Vintage may, within the statutory framework, inquire whether the Customer can meet its payment obligations, but also of all facts and factors that are important for responsibly entering into the Agreement. If, based on this investigation, ROSKI YARD Vintage has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution, such as advance payment.
Article 5. Registration
5.1. In order to make optimal use of the Website, the Customer can register via the registration form/the account login option on the Website.
5.2. During the registration procedure, the Customer chooses a user name and password with which he can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
5.3. The Customer must keep his login details, his user name and password strictly confidential. ROSKI YARD Vintage is not liable for misuse of the login details and may always assume that a Customer who logs in to the Website is actually that Customer. Everything that happens via the Customer’s account falls under the responsibility and risk of the Customer.
5.4. If the Customer knows or suspects that his login details have fallen into the hands of unauthorized persons, he must change his password as soon as possible and/or inform ROSKI YARD Vintage of this, so that ROSKI YARD Vintage can take appropriate measures.
Article 6. Execution of the Agreement
6.1. As soon as the order has been received by ROSKI YARD Vintage, ROSKI YARD Vintage will send the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.
6.2. ROSKI YARD Vintage is entitled to engage third parties to perform the obligations arising from the Agreement.
6.3. The Website will clearly describe, in good time before the conclusion of the Agreement, how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, the products will in any case be delivered within 30 days.
6.4. If ROSKI YARD Vintage cannot deliver the products within the agreed period, it will inform the Customer thereof. In that case, the Customer can agree to a new delivery date or he will be given the opportunity to terminate the Agreement free of charge.
6.5. ROSKI YARD Vintage advises the Customer to inspect the delivered products and to report any defects found within a reasonable period, preferably in writing. See the Article on guarantee and conformity for more details.
6.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, is transferred to the Customer. If expressly agreed otherwise, the risk is transferred to the Customer earlier. If the Customer decides to collect the products, the risk is transferred upon transfer of the products.
6.7. ROSKI YARD Vintage is entitled to deliver a similar product of similar quality as the ordered product, if the ordered product is no longer available. The Customer is then entitled to terminate the Agreement free of charge and to return the product free of charge.
Article 7. Right of withdrawal
7.1. This article only applies to the Customer being a natural person who is not acting in the exercise of his profession or business.
7.2. The Customer has the right to dissolve the remotely concluded Agreement with ROSKI YARD Vintage within 14 days after receipt of the product.
7.3. The term commences on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
• if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
• if the delivery of a product consists of different shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
• in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
7.4. Customer must bear the return costs themselves, if these costs are higher than the regular postal rate, ROSKI YARD Vintage will provide an estimate of these costs. The shipping costs incurred by Customer when purchasing the product are not included in the costs for returning and remain at Customer’s own expense.
7.5. Within the withdrawal period referred to in paragraph 1, Customer will handle the product and packaging with care. Customer will only open the packaging and use the product to the extent necessary to check the nature, characteristics and functioning of products. The starting point here is that this inspection may not go further than Customer would be able to in a physical store.
7.6. Customer is only liable for any depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in the previous paragraph.
7.7. Customer may terminate the Agreement in accordance with the term set out in paragraph 1 of this Article by sending the model withdrawal form (digitally) to ROSKI YARD Vintage, or by informing ROSKI YARD Vintage in another unambiguous manner that he is withdrawing from the purchase. In the event of a digital notification, ROSKI YARD Vintage will confirm receipt of that notification. After termination, Customer has 14 days to return the product. It is also possible to return the product directly within the cooling-off period set out in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration of withdrawal is enclosed.
7.8. Amounts already paid (in advance) by Customer will be refunded to Customer in form of a store voucher equal to the value of the returned product(s) as soon as possible, but no later than 14 days after termination of the Agreement. The store voucher can be used for future purchases. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, ROSKI YARD Vintage does not have to refund the additional costs for the more expensive method. Unless ROSKI YARD Vintage offers to collect the product itself, ROSKI YARD Vintage may wait with refunding until ROSKI YARD Vintage has received the product.
7.9. The Website will clearly state, in good time before the conclusion of the Agreement, whether or not the right of withdrawal applies and any desired procedure.
7.10. The right of withdrawal does not apply to:
• Products that have been created by the entrepreneur in accordance with the Customer’s specifications;
• Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Article 8. Payment
8.1. Customer must make payments to ROSKI YARD Vintage according to the payment methods indicated in the order procedure and possibly on the Website. ROSKI YARD Vintage is free to choose the payment methods it offers and these may also change from time to time.
Article 9. Warranty and conformity
9.1. This article only applies if the Customer is not acting in the exercise of his profession or business. If ROSKI YARD Vintage provides a separate warranty on the products, this applies to all types of Customers, without prejudice to the above.
9.2. ROSKI YARD Vintage guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the Agreement was concluded. If specifically agreed, ROSKI YARD Vintage also guarantees that the product is suitable for other than normal use.
9.3. A warranty provided by ROSKI YARD Vintage, manufacturer or importer does not affect the statutory rights and claims that the Customer already has and can invoke under the Agreement.
9.4. If the delivered product does not comply with the Agreement, the Customer must notify ROSKI YARD Vintage thereof within a reasonable period after discovering the defect.
Article 10. Complaints procedure
10.1. If the Customer has a complaint about a product (in accordance with the Article on warranty and conformity) and/or about other aspects of the services provided by ROSKI YARD Vintage, he can submit a complaint to ROSKI YARD Vintage by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
10.2. ROSKI YARD Vintage will respond to the Customer’s complaint as soon as possible, but in any case within 7 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, ROSKI YARD Vintage will confirm the complaint within 7 days of receipt of the complaint and provide an indication of the period within which it expects to provide a substantive or definitive response to the Customer’s complaint.
10.3. The Customer who is not acting in the exercise of his profession or business can also submit a complaint via the European dispute resolution platform, which can be reached via http://ec.europa.eu/odr/.
Article 11. Personal data
11.1. ROSKI YARD Vintage processes the personal data of Customer in accordance with the privacy statement published on the Website.
Article 12. Final provisions
12.1. The Agreement is governed by Dutch law.
12.2. Unless otherwise prescribed by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where ROSKI YARD Vintage is established.
12.3. If a provision in these General Terms and Conditions proves to be null and void, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will establish (a) new provision(s) as a replacement, which will give effect to the intention of the original provision as much as is legally possible.
12.4. In these General Terms and Conditions, “written” also includes communication by e-mail, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us by e-mail.
ROSKI YARD Vintage
Timorplein 44
1094CC, Amsterdam
Telephone: 0624525677
E-mail: info@roskiyard.com
Chamber of Commerce number: 67152287
VAT number: NL856851826B01