TERMS AND CONDITIONS

These General Conditions are available on request and can also be consulted on https://www.sputnikvintage.be in English.

DEFINITIONS
1. “Sputnik Vintage” is a commercial brand of Nytt BV. Nytt BV is incorporated and existing under the laws of Belgium, with its registered office at Strepeweg 11, 2620 Hemiksem, Belgium, registered with the RPR/RPM in Antwerp, under number 0684.756.058 and known to the VAT-administration under number BE0684. 756,058.
2. “Customer” is any natural person or legal entity that buys a product and/or service from Sputnik Vintage, places an order with Sputnik Vintage, and/or sends a price request to Sputnik Vintage.
3. “General Conditions” are the present general terms and conditions of sale and delivery.
4. “Website” is the website with URL https://www.sputnikvintage.be/
5. “Webshop” is Sputnik Vintage's webshop, which is part of the Website on which the Customer has the possibility to create a User account and buy products.
6. “User Account” is the account and corresponding combination of user login and password that Sputnik Vintage can assign to a certain Customer.
7. “Letter of Complaint” is a letter of complaint, sent by email to info@sputnikvintage.be, mentioning the invoice by Sputnik Vintage, the order confirmation by Sputnik Vintage, and the delivery note from Sputnik Vintage, with a detailed description of the non -conformity or defect.
8. “Conformity of the Delivery” (exhaustive definition) is the delivery of the correct products and/or services, without visible defects other than those already mentioned by Sputnik Vintage, on the correct location(s) and of the correct quantities, in conformity with the order confirmation by Sputnik Vintage. In the absence of an order confirmation by Sputnik Vintage, the correctness of the products and/or services, of the location(s) and of the quantities shall be evaluated in accordance with the Customer's order.
APPLICABILITY AND CONDITIONS
1. These General Conditions are applicable to every offer or order from Sputnik Vintage to the Customer. Placing an online order on the Website constitutes a formal acceptance of these General Conditions, which are always available through the Website.
2. These General Conditions do not prejudice the rights that are legally granted to the Customer in a mandatory manner in accordance with the applicable national regulations regarding consumer protection.
3. If one or part of a provision of these General Conditions should be rendered null and void, the rest of the provisions and/or the remainder of that provision shall remain valid. In that case, Sputnik Vintage and the Customer shall negotiate to replace the invalid (part of the) provision with an equivalent provision in the general spirit of these General Conditions.
4. If, in addition to these General Conditions, additional special conditions apply, the special conditions take precedence over the General Conditions.
5. Sputnik Vintage reserves the right to amend and/or adjust these General Conditions at any time whatsoever.
OFFER, ORDER AND ORDER CONFIRMATION
1. Sputnik Vintage may alter or withdraw its offers at any time whatsoever. This implies that Sputnik Vintage can also delete certain products that the Customer has already placed in his electronic shopping cart. In any event, all offers by Sputnik Vintage are without obligation and are to be considered solely as an invitation to the Customer for placing an order.
2. An agreement is only established when Sputnik Vintage confirms the Customer's order in writing or electronically, or when Sputnik Vintage starts to implement the order.
3. Orders are to be paid via the Website, via wire transfer, or cash on pickup. Sputnik Vintage has the right to require integral prepayment at all times. In such event, Sputnik Vintage's obligations towards the Customer shall be suspended until the amount concerned is paid integrally and this, without any right of recourse for the Customer with regard to Sputnik Vintage.
4. All deliveries of products and/or performances of services that were not foreseen in the order confirmation by Sputnik Vintage, are considered to be additional orders and/or additional works upon request by the Customer and will be charged to the Customer as such.
5. Sputnik Vintage is free to select the parties with which it wishes to enter into an agreement and always has the right to require a minimum invoice amount.
PRICE AND COSTS
1. All prices include VAT (if any) and are, except as provided otherwise, expressed in Euros.
2. In the event of a delay, Sputnik Vintage has the right to reasonably increase the prices. Among others, the following is considered to be a delay (this list is purely given as an example): if the Customer is not present at the time the products are presented to the Customer; non-compliance of the Customer with the obligations mentioned under articles 7 and 11 of these General Conditions; etc.
3. Currency fluctuations, increases in costs imposed by the government, levies and taxes, transportation costs, import and export duties, or insurance premiums, arising between the order confirmation and delivery of purchased products and/or services entitle Sputnik Vintage to increase the agreed price accordingly .
SPUTNIK VINTAGE'S COMMITMENTS
1. Sputnik Vintage's commitments are limited to accurate execution of its obligations as described in the order confirmation. In the event there is no order confirmation by Sputnik Vintage, Sputnik Vintage's responsibility is limited to the execution of the Customer's written order.
2. Sputnik Vintage is not responsible for compliance with the respective legal obligations relating to the delivery and/or use of the products which apply in the country where the products will be delivered and/or used, such as among others (and without being limited thereto) , permit applications, quality requirements, import regulations, etc.
3. Except as expressly provided otherwise, Sputnik Vintage is not responsible for the installation of the purchased products.
DELIVERY OF THE PURCHASED PRODUCTS AND SERVICES
1. Except as agreed otherwise, deliveries shall only occur at the doorstep of the Customer's invoicing address.
2. The Webshop is organized for deliveries in Belgium and the Netherlands only. For deliveries outside this territory, please contact us at info@sputnikvintage.be . If shipping or delivery is not reasonably possible to the Customer's address, Sputnik Vintage reserves the right to decline the order.
3. Except as agreed otherwise, deliveries shall always occur in accordance with the Incoterm© “Delivery At Place (DAP)”. The Customer shall immediately and at the latest 72 hours prior to the start of the transport, inform Sputnik Vintage about any circumstances that might complicate and/or impede the transport, such as – without being limited thereto – road works, closing hours, and absence of the Customer.
4. The availability of the stock, as provided on the Website and/or Webshop, is always indicative and is not an essential part of Sputnik Vintage's obligations towards the Customer. Sputnik Vintage is by no means responsible for any delay, annulment, and/or additional costs that might occur as a result of incorrect information regarding the availability of the stock.
5. The stated delivery times are indicative and are not an essential part of Sputnik Vintage's obligations towards the Customer, even if mentioned in the order confirmation.
6. Sputnik Vintage is by no means liable for delays incurred as a result of failures on the part of its suppliers, the Customer, and/or any other third party.
7. Sputnik Vintage has the right to deliver the purchased products and/or services in several parts. Partial implementation or delivery does not give rise to the dissolution of the agreement between Sputnik Vintage and the Customer or to any compensation whatsoever.
8. Except as provided otherwise, explicitly and in writing, the delivery will take place within 1-4 weeks after the order confirmation.
9. At the explicit Customer's request, the Customer can choose to collect the purchased goods itself at Sputnik Vintage's location(s). In that case, the Incoterm© “Ex Works (EXW)” applies.
INFORMATION
1. The Customer is deemed to be aware of all characteristics of the products and/or services he orders. Sputnik Vintage describes as complete and accurate as possible the products and/or services as well as the course of the delivery process. The Customer cannot derive any right from the information provided by Sputnik Vintage, either at its own initiative or upon the Customer's request.
2. The Customer is exclusively and entirely responsible for determining whether the purchased products and/or services are suitable and meet all requirements regarding the use and/or purposes for which the Customer purchased the products and/or services or wishes to use them.
3. All information provided to the Customer by Sputnik Vintage, either at its own initiative or upon the Customer's request, serves for information purposes only and does not release the Customer from his obligations under article 7.2 of these General Conditions. Sputnik Vintage's responsibilities in that respect are always limited to the responsibility imperatively imposed on it by Belgian law.
ACCEPTANCE, RIGHT OF WITHDRAWAL, DELIVERY, AND COMPLAINTS
1. The Customer shall carry out an initial check immediately on the collection and/or delivery of the purchased products and/or services, concerning among others the Conformity of the Delivery.
2. In case of B2C sale of products through the Webshop, the Customer has the right to withdraw from the contract with Sputnik Vintage for any reason and without incurring any penalty within fourteen (14) calendar days from the date on which the Customer received the product purchased from the Webshop. If the Customer wants to exercise its right of withdrawal, it shall notify Sputnik Vintage by e-mail (info@sputnikvintage.be) as soon as possible, and in each case before the end of the 14 calendar days period. The Customer shall return the product in accordance with Sputnik Vintage's instructions within fourteen (14) calendar days from exercising its right of withdrawal and the Customer shall bear the costs of returning the product. Sputnik Vintage shall refund the Customer for the purchase costs and the reasonable standard delivery costs within fourteen (14) calendar days from the exercising of its right of withdrawal or upon receipt of the returned product, whichever occurs later. If upon returning the product, Sputnik Vintage notices any reduction in the value of the product resulting from the handling of the product that goes beyond what was necessary to determine the nature, characteristics, and operation of the product, it may deduct any such reduction in value from the refund.
3. Making use of, processing, repacking, and/or reselling the products delivered by Sputnik Vintage is deemed to constitute approval and acceptance and final delivery of the products and/or services concerned and releases Sputnik Vintage from its responsibilities and liability in conformity with article 9.1 of these General Conditions.
4. The Customer forfeits the right to rely on non-Conformity of the Delivery and/or any other defect unless he notifies Sputnik Vintage thereof by Letter of Complaint within a period of three (3) working days after discovering or after he should have discovered the non compliance or defect.
5. In case complaints regarding non-Conformity of the Delivery are notified to Sputnik Vintage timely and correctly, Sputnik Vintage will, at its own discretion: (1) (partly) restore the non-compliant or faulty product and/or service; or (2) compensate for the non-compliant or faulty part at the price provided in the order confirmation by Sputnik Vintage. The Customer acknowledges that these measures, individually, constitute a complete and adequate compensation of any possible damage resulting from non-Conformity of the Delivery.
6. A possible (partial) replacement and/or repair of products, components, and/or services cannot give rise to the dissolution of the agreement between Sputnik Vintage and the Customer or to any compensation whatsoever.
7. Other than by virtue of article 8.2 of these General Conditions, the Customer shall under no circumstances have the right to return products without Sputnik Vintage's explicit written confirmation.
8. The Customer is required to compensate costs incurred in connection with unjustified complaints.
LIABILITY
1. As a Customer of Sputnik Vintage, you know that the purchased goods are old and not perfect. As the goods are second hand, the liability of Sputnik Vintage is limited to the responsibility imperatively imposed on it by law and is under all circumstances limited to the lowest of the following amounts: (1) the respective invoice amount, or (2) the amount of insurance policies taken out by Sputnik Vintage.
2. Sputnik Vintage will under no circumstances be held liable it for any latent defects was not aware of or for any indirect damages (including loss of profits), damages caused by the Customer and/or third parties, damages resulting from incorrect or inadequate use of the purchased products and/or damages resulting from non-compliance by the Customer and/or his employees or staff with statutory and/or other obligations, including – without being limited thereto – the respective producer or supplier's safety instructions and possible conditions of use.
INDEMNIFICATION
1. The Customer shall indemnify Sputnik Vintage and hold it harmless from and against any and all claims and procedures, including claims and procedures initiated by third parties, that might arise or result from any action or omission by the Customer, in violation of the order confirmation by Sputnik Vintage, the special terms and conditions, these General Conditions, the terms and conditions of use as published on the Website and/or any other (statutory) obligations of the Customer.
2. The Customer shall compensate Sputnik Vintage for all damages, including judicial and other costs, occurring in relation to its defense regarding the claims and/or procedures mentioned under article 10.1 of these General Conditions.
CUSTOMER'S OBLIGATIONS
1. The Customer is entirely and exclusively responsible for:
  - timely providing Sputnik Vintage with all relevant information, among others relating to the information Sputnik Vintage indicates to be necessary or useful for the execution of its obligations towards the Customer;
  - complying with the specific obligations relating to the delivery and/or use of the products applicable in the country where the products will be delivered and/or used, as mentioned under article 5.2 of these General Conditions, irrespective of the possibility that, in accordance with the law of the country where the products are delivered and/or used, these obligations might be imposed on Sputnik Vintage;
  - profoundly testing the products within 48 hours after delivery prior to using them;
2. If the Customer does not comply with his obligations, as provided in the order confirmation by Sputnik Vintage, the special terms and conditions, these General Conditions, the terms and conditions of use as published on the Website and/or if the Customer does not comply with any other (statutory) obligations, Sputnik Vintage has the right to suspend its obligations. Costs associated with this interruption will be integrally borne by the Customer. These costs concern, among others (this list is given purely as an example): additional hours worked, additional transportation and travel costs, costs for stocking, etc.
FORCE MAJEURE AND HARDSHIP
1. Sputnik Vintage is not liable for any shortcoming in the performance of any obligation caused by force majeure or hardship.
2. In case of force majeure or hardship, Sputnik Vintage may, without prior notice of default or recourse to a court of law and without any right of recourse for the Customer with regard to Sputnik Vintage, at its discretion cancel the agreement with the Customer.
3. By force majeure and hardship are understood, among others (this list is purely given as an example): currency fluctuations, costs imposed by the government, levies and taxes, transportation costs, import and export duties, insurance premiums, occurring between the order confirmation and the delivery, ice formation, exceptional weather conditions, strikes, mobilization, wars, disease or accidents, communication and information technology breakdowns, government measures, export bans, delays in deliveries, transport and/or travel obstacles, including lack or withdrawal of transport facilities, export obstacles, import obstacles, breakdowns, traffic jams, etc.
BILLING AND PAYMENT
1. The Customer shall notify Sputnik Vintage of any complaints concerning invoices, by means of a Letter of Complaint, within eight (8) calendar days after receipt of the invoice. Such complaints do not release the Customer from his payment obligations.
2. Except as explicitly agreed otherwise, all invoices are payable in cash at Sputnik Vintage's registered office, by online payment in the Webshop or by transfer to the bank account number stated on the invoice within a period of eight (8) calendar days from the date of the invoice. The Customer is not allowed to make payments to intermediaries.
CANCELLATION
1. Sputnik Vintage reserves the right to cancel the Customer's order either partly or completely, and without giving rise to any right of compensation or right of recourse towards Sputnik Vintage, in the event certain products and/or components of certain products are not available or cannot reasonably be delivered or shipped to the Customers' delivery address or in cases of force majeure or hardship.
2. Save as provided for in article 8.2 of the General Conditions, and subject to the express written agreement of Sputnik Vintage, the Customer is not allowed to cancel his order or the agreement between Sputnik Vintage and the Customer.
FORFEITURE OF RIGHTS
1. If Sputnik Vintage fails, even repeatedly, to enforce any right, this can only be deemed toleration of a certain situation and will not result in forfeiture of rights.
PERSONAL DATA AND IMAGES
1. The Customer gives Sputnik Vintage his approval to use footage and images of the products and/or services delivered to the Customer for the purpose of among others (this list is purely given as an example): general information, advertising purposes, publication on the Website and/or Webshop, publication in flyers or folders, etc.
DISPUTES
1. Any disputes between Sputnik Vintage and the Customer are submitted to the exclusive jurisdiction of the competent courts of Antwerp, section Antwerp.