Terms & Conditions

Index:
Article   1 – Definitions
Article   2 – Identity of old goods
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 Old Goods in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and implementation
Article 14 – Rental
Article 15 – Payment
Article 16 – Complaints and transport damage
Article 17 – Disputes
Article 18 – Additional or different provisions
Article 19 – Cookie policy / log in – register
Article 20 – Privacy Personal data

Article 1 – Definitions

The following definitions apply in these terms and conditions:

Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by Old Goods or by a third party on the basis of an agreement between that third party and Old Goods;

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;

Day: calendar day;

Digital content: data that is produced and delivered in digital form;

Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;

Sustainable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to cancel the agreement from a distance within the cooling-off period;

Distance agreement: an agreement concluded between Old Goods and the consumer within the framework of an organized system for the distance sale of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusive or joint use was made becomes of one or more techniques for distance communication;

Model form for cancellation: the European model form for cancellation included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;

Technology for distance communication: A manner that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time.

Business customers: the natural person who acts for purposes related to his trade, business, craft or professional activity;

Article 2 – Identity of old goods

Old Goods

Doctor Dreesstraat 1A
7064HA, Silvolde

The Netherlands

+316 12987872

info@old-goods.com

Chamber of commerce number: 61794740

VAT identification number: NL001265575B26

Article 3 – Applicability

These general terms and conditions apply to every offer from Old Goods and to every agreement over distance concluded between the entrepreneur and the consumer.

Before an agreement over distance is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, Old Goods will indicate before the agreement over distance is concluded, how the general Old Goods conditions can be viewed and that they will be sent free of charge as soon as possible at the request of the consumer.

If the agreement over distance is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement over distance is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

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 in the event of conflicting terms and conditions the consumer can always invoke the applicable provision that is most favourable to him.

Article 4 – The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Old Goods uses images, these must be a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind Old Goods.

Old Goods offers used products. All Old Goods items are old and authentic and may contain traces of use. Not all user tracks will be specifically named. Large damage, clear defects that influence the functioning of the articles are mentioned in the text. (Extra details can always be requested from Old Goods) Without requesting further information you agree to the condition of the item.

Some products in the lighting category will not meet current safety rules due to the original wiring and fitting. Consumers are therefore advised to consult a qualified electrician before installation.

Article 5 – The agreement

The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.

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

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

Old Goods can – within the law – research and inform if the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the agreement over distance. If Old Goods in consultation to this research, has good reasons not to enter into the agreement, it is entitled to refuse an order or request and attach special conditions to the implementation.

Old Goods will send the following information to the consumer at the latest on delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

The visiting address of the Old Goods location where the consumer can go with complaints;

the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

the information about guarantees and existing service after purchase;

the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;

the requirements for cancelling the agreement if the agreement has a duration of more than one year or is of indefinite duration;

if the consumer has a right of withdrawal, the model form for withdrawal.

In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer cannot ask a question about a purchase or a product at the best available. Old Goods may ask the consumer about the reason for withdrawal, but not this or oblige his reason (s).

Business customers have no right of withdrawal.

The reflection period referred to in paragraph 1 is based on a third party bound in advance by the consumer, who is not the carrier, has received the product from:

if the consumer has ordered several products in a number of orders: the day on which the consumer, or a third party, has received the last product. Old Goods may refuse, with his order or multiple products with a different delivery time.

if the delivery of a product consists of different shipments of parts: the day on which the consumer, from a third party that can be delivered by him, has the last shipment of the last part;

when using a third party determined by him, has 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 the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation 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 store.

The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

The consumer is not liable for value reduction of the product if Old Goods has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer, and the costs

If the consumer makes use of his right of withdrawal, he will notify Old Goods within the cooling-off period by means of 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 returns the product or hands it to (an agent of) Old Goods. This is not necessary if Old Goods has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.

The consumer returns 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 Old Goods.

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 costs of returning the product.

If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of Old Goods in case of withdrawal

If Old Goods makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification.

Old Goods reimburses all payments made by the consumer, including any delivery costs charged by Old Goods for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the cancellation. Old Goods may wait to repay until he has received the product.

Old Goods uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Old Goods does not have to pay back the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

Old Goods can exclude the following products and services from the right of withdrawal, but only if Old Goods has clearly stated this in the offer, at least in time for the conclusion of the agreement:

Products or services whose price depends on fluctuations in the financial market over which Old Goods has no influence and which may occur within the withdrawal period;

Agreements concluded during a public auction. A public auction is understood to be a sales method whereby products, digital content and / or services are offered by Old Goods to the consumer who is present in person or who is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and where successful bidder is obliged to purchase the products, digital content and / or services;

Service contracts, after full performance of the service, but only if:

the performance has begun with the express prior consent of the consumer; and

the consumer has stated that he loses his right of withdrawal once Old Goods has fully executed the agreement;

Service contracts for the provision of accommodation, if a specific date or period of execution is provided for in the contract and other than for residential purposes, goods transport, car rental services and catering;

Agreements related to leisure activities, if a specific date or period of execution is provided for in the agreement;

Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

The delivery of digital content other than on a material medium, but only if:

the performance has begun with the express prior consent of the consumer; and

the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – The price

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

Contrary to the previous paragraph, Old Goods can offer products or services with variable prices that are subject to fluctuations in the financial market and over which Old Goods has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted if Old Goods has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

The prices stated in the range of products or services fall under the Margin Scheme.

Any down payments will not be reimbursed.

Old Goods remains the owner of the goods sold to the Consumer or business customer, as long as the buyer has not paid the purchase price and any more owed.

Article 12 – Compliance with agreement and extra guarantee

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

An extra guarantee provided by Old Goods, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Old Goods on the basis of the agreement if Old Goods has failed to fulfill its part of the agreement.

An additional guarantee is understood to mean any commitment from Old Goods, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.

Article 13 – Delivery and implementation

Old Goods will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to Old Goods.

With due observance of what is stated in article 4 of these general terms and conditions, Old Goods will execute accepted orders with due speed, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer does not have the right to terminate the contract without costs or the right to any compensation.

The risk of damage and / or loss of products rests with Old Goods until the moment of delivery to the consumer or a representative designated in advance and made known to Old Goods, unless expressly agreed otherwise.

Article 14 – Rental

Items are rented out at 15% of the consumer retail price, per week.

50% of the consumer retail price of the rented items must be paid in advance or upon collection as a deposit. Upon return, the items are checked and provided there are no damages and defects, 35% of the consumer retail price is refunded to the Renter.

Items that are damaged or not returned must be paid in full at the consumer retail price at the end of the lease.

Renter is responsible for the rented items and any damage.

All rented items must be transported by the tenant to and from the location.

Article 15 – Payment

All items must be fully paid for before they are picked up or the items are transported to the consumer or business customer unless otherwise agreed.

Insofar as not stipulated otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection 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 has received the confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never oblige the consumer to pay more than 50% in advance. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.

The consumer has the duty to report inaccuracies in provided or specified payment data to Old Goods immediately.

If the consumer does not meet his payment obligation (s) in time, this is, after Old Goods has pointed out the late payment and Old Goods has granted the consumer a period of 14 days to still meet his payment obligations, after the in the absence of payment within this 14-day period, the statutory interest is due on the amount still due and Old Goods is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. Old Goods may, for the benefit of the consumer, deviate from the stated amounts and percentages.

Article 16 – Complaints and transport damage

Old Goods has a well-publicized complaints and deals with complaints under this procedure.

Complaints about the implementation of the agreement must be submitted to Old Goods within a reasonable time after the consumer has discovered the defects, complete with high quality photos of the closed packaging on delivery and the product with a clear description.

Complaints submitted to Old Goods will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Old Goods will reply within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

In the event of damage during transport, Old Goods cancels the agreement, the item will be retrieved and the purchase amount returned to the customer within 14 days after receiving the product at Old Goods.

The consumer must give Old Goods at least 4 weeks to resolve the complaint in mutual consultation. After this period a dispute will arise that is subject to the dispute settlement procedure.

Article 17 – Disputes

Only Dutch law applies to agreements between Old Goods and the consumer to which these general terms and conditions apply.

Article 18 – Additional or different provisions

Additional or deviating provisions 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 in an accessible manner on a durable medium.

Article 19 – Cookie policy – login / register

This website uses cookies. Cookies are also placed via third parties that are enabled by us. A cookie is a simple small file that is sent along with pages from this website and is stored by your browser on the hard drive of your computer. The information stored therein can be sent back to our servers or those of the relevant third parties on a subsequent visit. When you visit our website for the first time, a message is displayed in which we explain why we use cookies. By clicking on agree, you agree to the placement of these cookies. You are free to disable cookies through your browser. Keep in mind that it is possible that our website will no longer work optimally. We have made agreements with third parties who place cookies about the use of cookies and applications. However, we do not have full control over what the providers of these applications do with the cookies when they read them. For more information about these applications and how they handle cookies, please see the privacy statements of these parties (note: these may change regularly). Cookies are used on our website to: • enable website functionalities and to protect the website (technical or functional cookies); • analyze the use of the website and improve the website based on this (analytical cookies); • the possibility to share the information from our website via social media channels (social media cookies). If you give us permission via the cookie settings, we will use the following parties: •

Google Analytics

Instagram

TECHNICAL OR FUNCTIONAL COOKIES

Some cookies ensure that certain parts of the website work properly and that your user preferences remain known. For example, cookies can be used to properly render fonts, to remember your user session on the web server so that you can view the website, or to remember a search term that is searched within the website or a selected filter.

ANALYTIC COOKIES

This site uses analytical cookies to provide insight into how our website is being used, to provide us with reports about the website and to provide us with information about the effectiveness of our campaigns.

SOCIAL MEDIA COOKIES

On our website you will find buttons to promote our website on social media. These buttons work by using pieces of code that come from these social media networks themselves. Cookies are placed through this code.

MORE INFORMATION ABOUT THE ABOVE PARTIES

We have no influence on the use of the data by the above parties and / or third parties. The above parties can provide this information to third parties if they are legally required to do so, or insofar as third parties process the information on behalf of these parties. Read the privacy statement of these parties (which can change regularly) to read what they do with your personal data that they process via these cookies.

TURNING COOKIES ON AND OFF

You can disable the placement of cookies by changing your browser settings (view the browser help page for exact instructions). If you only want to accept the analytics cookies and the functional cookies, but not the advertising cookies, you can choose the setting “Block cookies from third party providers” in your browser. Please note: our website does not work optimally if the cookies are disabled.

REMOVE COOKIES

Most cookies have an expiration date. This means that they expire automatically after a certain period and no longer record any data from your site visit. You can also choose to delete the cookies manually before the expiry date. For more information, you can consult the manual of your browser.

THIRD PARTY WEBSITES.

This cookie statement does not apply to third-party websites that are linked to our website through links. We cannot guarantee that these third parties will handle your personal data in a reliable or secure manner. We therefore advise you to read the privacy statement of these websites before using these websites.

With certain parts of our services it is possible to create an account or log in. We keep any information that you provide to us so that you do not have to enter it again each time and so that we can contact you in the context of the implementation of the agreement. We keep your data for as long as you use our services. We will not provide your information to third parties unless this is necessary in the context of the implementation of the agreement that you conclude with us or if this is required by law. In the event of suspected fraud or misuse of our services, we may hand over personal data to the competent authorities.

REMOVE ACCOUNT

You can cancel your account and / or have your data removed by sending us a request by e-mail. We will process your request as soon as possible. We will delete your account and / or data as soon as possible, but no later than within a month. We may have to store certain data for longer, such as (if applicable) payment data. For example, a statutory retention obligation of seven years applies to the Tax Authorities.

CONTACT FORM AND NEWSLETTER

Via our website we offer the possibility to ask questions via a contact form, whereby you are asked to enter various details to handle your question. You choose yourself which data you provide. The data that you send to us will be kept for as long as the nature of the form or the content of your e-mail requires it to be fully answered and processed. We offer a newsletter with which we want to inform interested parties about our products and / or services. Every newsletter contains a link that you can use to unsubscribe. Your e-mail address will only be added to the list of subscribers after your permission.

Article 20 – Privacy personal data

Old Goods will guarantee the privacy of consumers and business customers.

The information provided by the consumer or business customer will be used for drawing up the invoice, in part for requesting the shipping costs from transport companies or for contact with the consumer or business customer.

Old Goods is legally obliged to partially pass on the data to our Accountant for the tax return.

Newsletters or advertisements from Old Goods will only be sent to the address and email address provided by the consumer or business customer if the consumer or business customer has given his consent.

The information provided by the consumer or business customer will never be used for other purposes and will be sold or released to third parties for reasons other than those mentioned above.

Consumer or business customer may request Old Goods to inspect, modify or delete Personal Data.

Your Personal Information is protected. Lockable plot by means of fencing.

Burglar alarm on the building and by various programs, each again monitored with unique passwords. Old Goods takes the protection seriously, but cannot prevent breaches and hacking by third parties and cannot guarantee the security of your data 100%.

Data that Old Goods processes: Name, Company name, Address details, Telephone number, E-mail address, Bank account number, Chamber of Commerce number (business), VAT number (business)

The data is not stored for longer than necessary. A company is obliged to keep records for 7 years.

Annex I: Model form for withdrawal