Terms of service
TERMS AND CONDITIONS
APPLICABILITY
All sales, supplies and services are covered under the following Terms & Conditions. These conditions prevail over those of the customers. Purchasing products on www.kingsmandesign.com implies the acceptance of these conditions.
OFFER AND RESPONSIBILITIES
Kingsman Design buys and sells second hand items. All items are pre-owned so please keep in mind that the items are not new unless otherwise stated.
• The description on the website in combination with the photos should be sufficiently detailed to be able to adequately assess the products. Slight deviations between what is described and/or depicted and the actual characteristics of the product (e.g., differences in color, due to settings of a computer screen or resolution) may occur.
• Therefore, Kingsman Design asks customers to inspect the photos, read the description and, in case of uncertainty, contact Kingsman Design and request additional photos or information.
• Payment of a product implies the approval of the state of the item, as described and shown on Stormvintage.nl and/or illustrated or described in additional communication.
• To qualify the condition of the products Kingsman Design uses the following categories: ‘mint’, ‘excellent’, ‘very good’, ‘good’ and ‘used’.
• All products are cleaned, inspected, and tested for general functionality and safety prior to sale. Electrical wiring will be replaced if deemed necessary. However, due to variations in international and local electrical regulations, the electrical wiring (original or replaced) may not comply with the specific standards or requirements of the customer’s country or place of installation.
Installation of lighting fixtures is the sole responsibility of the customer. Kingsman Design is not responsible or liable for improper installation, use, or modification of the product. The customer acknowledges that lighting fixtures must always be installed by a qualified and licensed electrician.
Kingsman Design shall not be held liable for any damage, injury, loss, or fire caused by incorrect installation, misuse, failure to follow local electrical regulations, or failure to consult a certified electrician prior to installation. In case of any doubt, Kingsman Design strongly recommends consulting a local licensed electrician before installation and use.
RESERVATION
It is possible to take an option on a product with a maximum of 3 working days, unless otherwise agreed upon. During this period Kingsman Design will place the item ‘on hold’ in the shop. After that period, Kingsman Design reserves the right to include the reservation in her offer again. Reservations should be made by email.
BUYING PROCESS
If a customer wants to buy a product, he/she must add the product to the cart and proceed to the check-out. The shipping costs are shown after the delivery address is filled in. Then the customer can choose a payment option.
Before the customer places the order, he/she is kindly asked to read and accept the Terms & Conditions. The last step before completing the purchase regards the payment of the products. Secure payment is managed by Paypal, a payment service provider. When all steps have been completed successfully the customer will receive an order confirmation via email. After the payment has been completed, the customer will see ‘PayPal’ or 'Kingsman Design' listed on the bank statement.
PRICES
All prices are quoted in Euro (€) on the website. The prices include Value Added Tax (if applicable). Shipping costs, transaction costs, local taxes and/or import duties will be borne by the customer.
Obvious mistakes or errors in prices or shipping costs are not binding for Kingsman Design.
MARGIN SCHEME FOR SECONDHAND PRODUCTS.
The special margin scheme for secondhand products applies to all products for sale on www.kingsmandesign.com. The margin scheme taxes the difference between the sale price and the purchase price of products. The margin scheme is indicated on the invoice as “The purchased item is sold after special Dutch tax rules for used and vintage products (margin scheme)”, the VAT amount is not mentioned separately on the website or on the invoice. The VAT is therefore not deductible.
PAYMENT OPTIONS
Paypal, PayPal credit, SEPA transfer, iDEAL, sofort, giro pay, eps, Bancontact, LOOK, Przelewy24, MyBank, Venmo, Credit card or direct debit
We use the services of Paypal. Paypal provides secure online payments. Kingsman Design uses: PayPal (paypal.com), credit card (Visa, MasterCard & Maestro), bank wire transfer (IBAN within the EU) and iDEAL (bank transfer within the Netherlands).
Some orders will be raised depending on the payment option.
PayPal: 3,4%
Credit card: 1,8% Inside EU
Credit card: 2,8% Outside EU
Bank wire (Europe) : Free
Payment with bank wire must be done within 3 days after ordering the product. The customer must pay the exact amount. Otherwise, Paypal will not except it.
ACCEPTANCE & RISK
Products are considered ‘sold’ as soon as Kingsman Design has received full payment.
For consumer purchases within the European Union, the risk of loss or damage transfers to the customer upon receipt of the product, unless the customer has arranged transport independently or appointed a carrier other than that offered by Kingsman Design.
In case of collection, the risk of loss or damage transfers at the moment the items are handed over to the customer or to a third party acting on behalf of the customer.
SOLD
Kingsman Design always tries to keep the information and stock on the website as updated as possible. However, in case an object listed as available on www.kingsmandesign.com already has been sold to another customer. Kingsman Design will contact the ‘new’ customer and will immediately make a full refund of the payment.
SHIPMENT & DELIVERY
Once the order is completed, Kingsman Design will ship the product between 3-10 days after the payment has been received by Kingsman Design. Unless otherwise discussed with the customer. The name of the delivery company and the track and trace code will be shared with the customer within those 3-10 days. The customer must pay the shipping costs. The shipping costs will show during the checkout procedure. For products that are to big, to fragile or products that will not be fully covered by the insurance, we can offer another way to arrange the shipping.
All products are professionally packed with protective materials; combinations of bubble wrap, cardboard and curled up paper balls for stabilizing and obtaining the best shock absorbing protection in sturdy cardboard boxing.
Kingsman Design cannot be held liable for delivery problems that may arise by the external carriers. Exceeding the term of a delivery does not entitle to compensation or the right to cancel the order, unless the delay in delivery is such that the customer cannot be reasonably expected to maintain the agreement. For more details on ‘damages or loss during shipment’, see below.
To limit the risk of damage, the customer needs to make all necessary measures to accept the delivery of the items when they are offered for delivery. Any additional costs that must be made because Kingsman Design has not been informed of the correct delivery address will be borne by the customer.
If the shipper is unable to deliver the items due of actions or circumstances under the control of the customer, Kingsman Design is entitled to store the items until delivery can take place. In such cases, the customer is liable for all possible costs associated with such storage.
GUARANTEE
All products are sold as second-hand items. Statutory consumer rights under applicable EU law remain unaffected. Kingsman Design does not provide any additional commercial warranty.
DAMAGES OR LOSS DURING SHIPMENT
Although every effort will be made to secure the safe arrival of products, it may happen that products are damaged or lost during shipment.
Kingsman Design strongly advises to only sign the receipt for ‘delivery in good order’ after checking the package upon receipt. Visible damage of the packaging should be reported immediately to the delivery person, who show take note of this. Like this the shipping company is aware that something happened during transport and not after delivery. It is important to make pictures of the damage before opening the packaging.
However, if the customer only discovers the damage of the packaging after the delivery person has left, he/she should immediately call the shipping company. He/she should let the company know that the parcel is damaged, file a claim and ask for written confirmation. It is important to make pictures of the damage before opening the packaging.
The customer should act likewise if he/she discovers that the purchased item is damaged. He/she should call the shipping company, let the company know that the item is damaged, file a claim and ask for written confirmation. It is important to make pictures of the damage from all angles.
Always keep the packaging including packing material of the damaged item(s) until the investigation by the insurance company is closed.
After the customer contacted the shipping company, he/she needs to inform Kingsman Design by email within 24 hours after receipt of the product. It is requested to include a description and pictures of the damage. On receipt of the complaint, Kingsman Design shall follow the necessary procedures and will inform the customer accordingly.
Since Kingsman Design ships the item(s) and agrees on the insurance policy, Kingsman Design also takes responsibility for a possible claim. Of course, Kingsman Design expects the customer to fully cooperate in a potential insurance case, so that Kingsman Design can meet all requirements of the insurance company.
Kingsman Design takes responsibility as well in case items are lost during transport.
RETURNS FOR CUSTOMERS WITHIN THE EU
For all purchases on kingsmandesign.com that are made within the EU, the customer has the right to cancel the order without specifying any reasons for a period of maximum 14 days. This period starts on the day the product is received by or on behalf of the customer. Then the customer has 14 days to return the product to Kingsman Design.
In case of a return, first contact Kingsman Design by email. Do not return a purchase until Kingsman Design‘s confirmation of the return and the shipping instructions have been received. The customer is required to cover return shipping and insurance. The customer is also responsible for any international order fees, including taxes and duties. In case Kingsman Design has paid shipping costs, these will be deducted from the purchase price.
When Kingsman Design receives a return, the object must be in the same condition with all delivered accessories and in the same or equally secure packaging as it was sent to the customer. When the return is accepted Kingsman Design will refund the amount paid excluding shipping costs within 14 days upon receipt of the piece.
Please note: Kingsman Design reserves the right to refuse returns or to pay only a portion of the amount where it is suspected that products are used or damaged by the customer or third parties.
The right to cancel an order within a period of 14 days expires if the customer chooses to collect products(s) him/herself or have it/them collected by a third party.
Kingsman Design does not accept returns in case the product(s) has/have been purchased by Kingsman Design on specific request of a customer. This also applies when Kingsman Design customizes a product upon request of a customer.
RETURNS FOR CUSTOMERS OUTSIDE THE EU
The right to return products does not apply to purchases with deliveries outside the EU.
Complaints
Should the customer have a complaint, he/she should not hesitate and contactKingsman Design by email or phone. A complaint is for Kingsman Design an opportunity to optimise the service and Kingsman Design will do everything within her power to resolve an issue. Never send products back before receipt of Kingsman Design ‘s acceptance of a complaint. For more information on ‘Returns’: see above.
INSURANCE
All products shipped by Kingsman Design, are fully insured against theft, breakage, fire and plundering, at the customers expense, unless otherwise explicitly agreed upon. Insurance price depends on the value of the products and the location of the delivery.
FORCE MAJEURE
A breach of contract is excusable if contractual performance is hampered by a circumstance that was outside the control of Kingsman Design and which Kingsman Design could not have reasonably foreseen or taken into account at the time of conclusion of the agreement and the consequence of which Kingsman Design could not reasonably have avoided or overcome.
LIABILITY
The customer is responsible for compliance with all applicable laws and regulations and for the safe and responsible use of products purchased from kingsmandesign.com. Kingsman Design shall not be liable for damage resulting from improper use, incorrect installation, modification, or failure to follow instructions or local regulations. This limitation of liability does not apply in cases of gross negligence, willful misconduct, or mandatory statutory liability.
APPLICABLE LAW
These terms and conditions are subject to Dutch law.