Terms of Service
Article 1 - Definitions
- il Vialo: FL Collaborative, located at Nassaulaan 18, Maastricht, CoC-number 93257899.
- Customer: the person with whom il Vialo has entered into an agreement.
- Parties: il Vialo and Customer together.
Consumer: a Customer who is also an individual acting as a private person.
Article 2 - Applicability
These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of il Vialo.
il Vialo and the Customer can deviate from these terms and conditions only if agreed in writing.
il Vialo and the Customer expressly exclude the applicability of the Customer's or others' general terms and conditions.
Article 3 - Prices
il Vialo charges prices in Euros, including VAT and excluding any other costs such as administration or shipping costs, unless agreed otherwise in writing.
il Vialo may change the prices of its services and products on its website and in other communications at any time.
Increases in the cost prices of products or parts thereof, which il Vialo could not foresee at the time of making the offer or entering into the agreement, may result in price increases.
The consumer has the right to cancel an agreement because of a price increase in paragraph 3, unless the increase is the result of a legal regulation.
Article 4 - Samples and models
If the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.
Article 5 - Payments and term of payment
il Vialo may require a down payment of up to 50% of the agreed amount when entering into the agreement.
The Customer must make a payment in arrears within 1 month of delivery.
The payment terms used by il Vialo are fatal payment terms. This means that if the Customer has not paid the agreed amount at the latest on the last day of the payment period, it is automatically in default and in default, without il Vialo having to send a reminder to the Customer or send a notice of default.
il Vialo may make a delivery conditional upon immediate payment or require security for the total amount of the services or products.
Article 6 - Consequences of late payment
If the Customer fails to pay within the agreed term, il Vialo may charge the statutory interest per month for non-commercial transactions from the day the Customer is in default, whereby part of a month is counted as a whole month.
When the Customer is in default, it must also pay extrajudicial collection costs and any damages to il Vialo.
- Collection costs are calculated according to the Decree on compensation for extrajudicial collection costs.
- If the Customer fails to pay on time, il Vialo may suspend its obligations until the Customer has paid.
- In case of liquidation, bankruptcy, attachment or suspension of payment on the part of the Customer, il Vialo's claims against the Customer are immediately due and payable.
- If the Customer refuses to cooperate in the execution of the agreement by il Vialo, it still has to pay the agreed price.
Article 7 - Right of claim
- When the Customer is in default, il Vialo may invoke the right of complaint regarding the unpaid products delivered to the Customer.
- il Vialo exercises its right of claim by a written or electronic communication to the Customer.
- Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to il Vialo, unless otherwise agreed in writing.
- The Customer shall pay the costs for retrieving or bringing back the products in paragraph 3.
Article 8 - Right of withdrawal
- A consumer may cancel an online purchase within 14 days of purchase without giving a reason. This right of withdrawal does not apply when:
- the product has been used
- it is a product that spoils quickly, such as food or flowers
- it is a product that has been customized or adapted especially for the consumer
- it is a product that cannot be returned for hygienic reasons, such as underwear or swimwear
- the seal is not intact, if it concerns data carriers with digital content, such as DVDs or CDs
- the product or service involves accommodation, travel, restaurant services, transport, catering or a form of leisure activity
- the product is a loose magazine or loose newspaper
- the consumer has waived his right of withdrawal
- The withdrawal period of 14 days in paragraph 1, begins:
- on the day after the consumer has received the last product or part of 1 order
- once the consumer has confirmed that he will purchase digital content via the Internet
- The consumer can exercise his cooling-off period by sending an email with that subject to support@ilvialo.com, possibly using the withdrawal form available on il Vialo's website, ilvialo.com.
- The consumer must return the product to il Vialo within 14 days of sending the mail in paragraph 3.
- If the consumer does not send the product back within 14 days after having expressed his right of withdrawal, his right of withdrawal expires.
Article 9 - Reimbursement of delivery costs
When the consumer has cancelled his purchase in time and has returned the complete order to il Vialo in time, il Vialo will reimburse any delivery costs paid by the consumer within 14 days after receipt of the fully returned order in time.
The costs of delivery shall be borne by il Vialo only insofar as the entire order is returned.
Article 10 - Reimbursement of return costs
If the consumer invokes his/her right of withdrawal and returns the complete order in time, the consumer will pay the costs of doing so.
Article 11 - Right of retention
il Vialo can exercise its right of retention and, in that case, keep the Customer's products with it until the Customer has paid all of il Vialo's outstanding bills, unless the Customer has provided adequate security for those costs.
The right of lien also applies pursuant to previous agreements under which the Customer has yet to pay any money to il Vialo.
il Vialo is not liable for any damages suffered by the Customer due to the use of its lien.
Article 12 - Retention of title
il Vialo remains the owner of all products delivered until the Customer has paid all outstanding invoices from il Vialo relating to an underlying agreement, including claims due to failure to perform.
Until such time in paragraph 1, il Vialo may exercise its retention of title and repossess the items.
Before ownership has passed to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the items.
When il Vialo makes use of its retention of title, this cancels the agreement and il Vialo may claim damages, lost profits and interest from the Customer.
Article 13 - Delivery
- Delivery takes place while supplies last.
- Delivery takes place at il Vialo, unless otherwise agreed.
- Delivery of products ordered online takes place at the address indicated by the Customer.
- If the Customer does not pay the agreed amounts or does not pay them on time, il Vialo may suspend its obligations until the Customer pays.
Late payment constitutes creditor default, which means that the Customer cannot hold a late delivery against il Vialo.
Article 14 - Delivery time
The delivery times of il Vialo are indicative. If delivery is delayed, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
The delivery time starts when the Customer has fully completed the ordering process and has received a confirmation thereof from il Vialo.
The Customer will not be compensated and may not undo the agreement when il Vialo delivers later than agreed. However, the Customer may undo the agreement when agreed in writing or when il Vialo cannot deliver within 14 days, after being reminded in writing or the Customer and il Vialo have agreed otherwise.
Article 15 - Actual delivery
The Customer must ensure that the actual delivery of its ordered products can take place on time.
Article 16 - Transportation costs
The Customer pays the costs of transportation, unless the Customer and il Vialo have agreed otherwise in writing.
Article 17 - Packaging and dispatch
When the packaging of a delivered product has been opened or damaged, the Customer must have this noted by the carrier before taking delivery of the product. If the Customer does not do this, he cannot hold il Vialo liable for any damage.
When the Customer itself arranges the transportation of a product, it must report any visible damage to products or packaging to il Vialo prior to transportation. If the Customer fails to do so, he cannot hold il Vialo liable for any damage.
Article 18 - Storage
When the Customer takes delivery of products ordered later than the agreed delivery date, the risk of any loss of quality is entirely the responsibility of the Customer.
Any additional costs resulting from premature or delayed acceptance of products shall be borne entirely by the Customer.
Article 19 - Warranty
The warranty on products applies only to defects caused by faulty manufacture or construction or faulty material.
The warranty does not apply
- in the case of normal wear and tear
- for damage caused by accidents
- for damage resulting from modifications made to the product
- for damage caused by negligence or improper use by the Customer
- when the cause of the defect cannot be clearly determined
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the Customer at the moment they are legally and/or actually delivered, or at least come under the control of the Customer or of a third party who takes delivery of the product on behalf of the Customer.
Article 20 - Exchanges
The Customer may exchange a purchased article. The following conditions apply:
exchange takes place within 14 days after purchase whereby the Customer can show the original invoice
The product is returned in its original packaging and with the original price tag attached.
The product has not yet been used
Discounted articles, perishable products, custom-made articles or articles specially adapted for the Customer and custom-made products and specially adapted articles cannot be exchanged.
Article 21 - Indemnification
The Customer indemnifies il Vialo against all claims by others related to the products and/or services provided by il Vialo.
Article 22 - Complaints
The Customer must examine a product delivered or service provided by il Vialo for any shortcomings as soon as possible.
If a product delivered or service provided does not meet what the Customer could reasonably expect, the Customer must inform il Vialo within 1 month of discovering the shortcoming.
A Consumer must notify il Vialo within 2 months of ascertaining the shortcoming.
In doing so, the Customer shall provide as detailed a description of the shortcoming as possible so that il Vialo can respond appropriately.
The Customer must show that the complaint relates to an agreement between the Customer and il Vialo.
If a complaint is about work in progress, then the Customer cannot demand that il Vialo start performing work other than that agreed upon.
Article 23 - Notice of default
The Customer must notify any notice of default to il Vialo in writing.
The Client is responsible for ensuring that its notice of default actually reaches il Vialo on time.
Article 24 - Liability of the Customer
When il Vialo enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the agreements in that agreement.
Article 25 - Liability of il Vialo
il Vialo is only liable for damage suffered by the Customer when such damage is caused by intentional or deliberate recklessness.
When il Vialo is liable for damages, this only applies to direct damages related to the execution of an underlying agreement.
il Vialo is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.
If il Vialo is liable, such liability is limited to the amount paid out by a concluded (professional) liability insurance policy. If no insurance has been taken out or no claim is paid out, liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and cannot lead to any compensation, dissolution or suspension.
Article 26 - Expiry period
Any right of the Customer to compensation from il Vialo lapses 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Article 27 - Cancellation
The Customer may rescind the agreement when il Vialo imputably fails to fulfill its obligations, unless such failure does not justify the rescission because of its special nature or minor importance.
If fulfillment of the obligations by il Vialo is still possible, dissolution can only take place after il Vialo is in default.
il Vialo may rescind the agreement with the Customer when the Customer fails to fulfill its obligations under the agreement in full or in a timely manner, or when il Vialo becomes aware of circumstances that give it good reason to believe that the Customer will not fulfill its obligations.
Article 28 - Force majeure
In addition to Article 6:75 of the Dutch Civil Code, any failure on the part of il Vialo on the part of the Customer cannot be imputed to il Vialo in the event of force majeure.
The force majeure situation in paragraph 1 includes:
- a state of emergency such as civil war or natural disaster
- default or force majeure of suppliers, deliverers or others
- power, electricity, internet, computer or telecom failures
- computer viruses
- strikes
- government measures
- transport problems
- adverse weather conditions
- work interruptions
When a force majeure situation occurs that prevents il Vialo from fulfilling 1 or more obligations to the Customer, those obligations will be suspended until il Vialo can fulfill them.
From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and il Vialo may cancel all or part of the agreement in writing.
il Vialo does not have to pay any compensation to the Customer in a force majeure situation, even if il Vialo benefits from this.
Article 29 - Modification of the agreement
When it is necessary for its execution to modify a concluded agreement, the Customer and il Vialo can modify the agreement.
Article 30 - Modification of general terms and conditions
il Vialo may modify these general terms and conditions.
Changes of minor importance may always be made by il Vialo.
Major changes will be discussed by il Vialo with the Customer in advance as much as possible.
A Consumer may terminate the underlying agreement in the event of a major amendment to the general terms and conditions.
Article 31 - Transfer of rights
The Customer cannot transfer any rights under an agreement with il Vialo to others without the written consent of il Vialo.
This provision counts as a clause with property law effect as in article 3:83 paragraph 2 of the Civil Code.
Article 32 - Consequences of nullity or voidability
If one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
A provision that is void or voidable will be replaced by a provision that comes closest to what il Vialo had in mind when drafting the terms and conditions.
Article 33 - Applicable law and competent court
Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and il Vialo.
The court in the district of il Vialo's place of business has exclusive jurisdiction to take cognizance of any disputes between the Customer and il Vialo, unless otherwise provided by law.
These terms and conditions were prepared on Nov. 24, 2024 and will remain in effect until a revised version is published.