Van Den Akker

VISIT Studio Van Den Akker  

Terms & Conditions

Agreement

Acceptance of sale is based on the express condition that buyer agrees to all of the terms and conditions contained herein. No terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein shall be binding upon Van den Akker Antiques (VDA) unless made in writing and signed and approved by an officer of VDA. No modification of any of these terms will be affected by shipping request or similar forms containing printed terms and conditions conflicting with or inconsistent with the terms herein.

Pricing

While we try to ensure accuracy, we reserve the right at any time to correct any errors in pricing or descriptions. Prices are exclusive of excess storage charges (defined below), installation, taxes, etc. Prices are subject to change without prior notice.

Conflict in Pricing

While we try to ensure accuracy, we reserve the right at any time to correct any errors in pricing or descriptions among the various locations that our items are represented.  We reserve the right to refuse to accept any order based on an incorrect price or description.

Sales Tax

New York State sales tax of (8.875 %) is added for all sales from the New York stores, on-line web sites, and for items shipped within New York State.  Trade that can furnish a resale certificate will not be charged sales tax. 

Currency

Please note that all prices are in U.S. Currency. Shipping and handling are not included.

Attribution and Description Accuracy

While all descriptions and commentary are believed to be correct, we make no warranties or representations of any kind with respect to the property, and in no event shall be held responsible for having made or implied any warranty of description, authorship, attribution, provenance, period, culture, source, origin, condition, measurement, etc. All measurements provided on VDA's website, tearsheets, quotes, purchase orders, invoices and any promotional material or otherwise are approximate measurements only. Buyers are encouraged to thoroughly inspect and measure every piece they purchase.

Item Condition

We try to the best of our ability to describe the condition of each item. Please be aware that all items sold at Van den Akker are vintage; therefore, we urge you to inspect the item carefully, as it is the responsibility of the buyer to inspect and note the condition of an item before purchase.  Van den Akker is not liable for changes in condition of an item after it leaves our possession.

Shipping

All shipping is the responsibility of the buyer. VDA does not provide transportation or delivery services, although we can help you to find an independent agent to arrange transportation and delivery. VDA is not affiliated with any shipping companies and is not liable for their actions. It is the responsibility of the purchaser to provide VDA with valid contact information for the day of the delivery. VDA recommends crating all glass and fragile items and recommends carton service for all items being delivered to a freight forwarder.

Final Sale

All sales are FINAL, once purchased items cannot be returned.

Returns

No returns of approved merchandise will be accepted for any reason. Unauthorized returns will be refused and returned freight collect.

Storage

VDA will store all merchandise at our expense for fourteen (14) days from the date the final invoice is issued. Additional storage fees of 5% per month of the total invoice will be charged to store merchandise not picked up within fourteen (14) days from the date of sale, unless other arrangements are made and agreed to, in writing, by VDA. VDA is not responsible for damage to merchandise stored at our facilities. After fourteen (14) days VDA reserves the right to move merchandise to a storage facility at Buyer’s expense. Buyer will be responsible for cost of transfer, storage charges and any other expense related to storage past fourteen (14) days. If merchandise is moved to a storage facility not affiliated with VDA, additional storage fees of 5% per month will not be imposed.

Force Majeure

VDA shall not be liable any reason of force majeure or for any cause beyond VDA’s reasonable control including, but not limited to, a) government action, war, riots, civil commotion, embargoes or martial laws, b) VDA’s inability to obtain necessary materials from its usual sources of supply, c) shortage of labor, raw material, production or transportation facilities or other delays in transit, d) labor difficulty involving employees of VDA or others we work with, e) fire, flood or other casualty, or f) other contingencies of manufacture or shipment. In the event of delay in VDA’s performance due in whole or in part to any cause beyond VDA’s reasonable control, VDA shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of delay in delivery of such goods.

Claims

All merchandise is carefully inspected upon arrival at VDA. All claims against VDA, including defects, shortages and errors must be made in writing within ten (10) days after receipt of merchandise. Failure to make such a claim shall constitute full acceptance of the merchandise and waiver of all defects, shortages and error ascertainable under inspection. VDA is not responsible for damage in shipment or in storage. Customers should carefully inspect all items at time of delivery and note any obvious damage on delivery receipt. All claims for freight overcharges or damages to goods while in transit must be settled with the carrier by the consignee. Damaged freight cannot be refused by the consignee. Any damage or loss must be claimed by the consignee with the carrier by writing within five days and all packing materials must be retained until inspection is made.

Warranty

VDA does not warranty vintage pieces. No warranty is given or implied in any sale. Unauthorized returns will be refused and returned freight collect.

Limitation of Remedies

VDA shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the goods, or from any other cause with respect to the goods or this agreement, whether such claims is based upon breach of contract, breach of warranty, strict liability in tort, negligence or any other legal theory.

Remedies upon Default

VDA requires payment for any shipment in advance. If Buyer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, VDA may at its option, cancel any unshipped portion of this order, retain the goods and declare forfeiture of the deposit as liquidated damages.

Severability

In the event any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.