Article 1 - Definitions
Article 2 - Identity of de entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - De agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - De price
Article 10 - Guarantee
Article 11 - Conformity en guarantee
Article 12 - Delivery en execution
Article 13 - Duration transactions: duration, termination en extension
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. Grace period: de period within which de consumer can make use of his right of withdrawal;
2. Consumer: de natural person not acting in de exercise of profession or business en enters into a distance contract with de entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products en and/or services, of which de delivery en and/or purchase obligation is spread over de time;
5. Durable medium: any means that de enables consumers or entrepreneurs to store information addressed to them personally in a way that allows future consultation en unaltered reproduction of de stored information.
6. Right of withdrawal: de possibility for de consumers to waive de distance contract within de reflection period;
7. Model form: the model form for withdrawal provided by de entrepreneur that a consumer can fill out when he wants to exercise his right of withdrawal.
8. Entrepreneur: de natural or legal person who offers products en and/or services to consumers at a distance;
9. Distance contract: an agreement whereby in the context of a system organized by de entrepreneur for distance selling of products en/or services, to en with the conclusion of de agreement exclusive use is made of one or more techniques for distance communication;
10.Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer en entrepreneur simultaneously in the same space have come together.
11. General Terms and Conditions: de these General Terms and Conditions of de entrepreneur.
Article 2 - Identity of de entrepreneur
Vespucci Nederland B.V.
Address: Prinsenweide 2F,
7317BB, Apeldoorn
E-mail address: info@vespuccinederland.nl
Chamber of Commerce number: 82499470
VAT identification number: NL862494424B01
Bank details:
Bank: ING
IBAN: NL96INGB0006769474
BIC: INGBNL2A
If de activity of de entrepreneur is subject to a relevant licensing regime: de data on de supervisory authority:
If de entrepreneur is practicing a regulated profession:
de professional association or organization of which he is a member;
de professional title, de place in de EU or de European Economic Area where it is granted;
a reference to de professional rules applicable in the Netherlands en indications where en how these professional rules can be accessed.
Article 3 - Applicability
1. These general conditions apply to each offer of de entrepreneur en to each distance contract concluded en orders between entrepreneur en consumer.
2. Before de distance contract is concluded, de text of these general conditions is made available to de consumer. If this is not reasonably possible, before de distance contract is concluded, it will be indicated that de general conditions at de entrepreneur to see en them at the request of de consumer as soon as possible be sent free of charge.
3. If de distance contract is concluded electronically, notwithstanding the preceding paragraph en before de distance contract is concluded, de text of these general conditions electronically to de consumer be made available in such a way that by de consumer in a simple manner can be stored on a durable data carrier. If this is not reasonably possible, before de distance contract is concluded, it will be indicated where de general terms and conditions can be inspected electronically en that at the request of de consumer they will be sent electronically or otherwise free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second en third paragraph shall apply mutatis mutandis en . In the event of conflicting general terms and conditions, de consumers may always invoke de the applicable provision that is most favorable to them.
5. If one or more provisions in these general conditions at any time wholly or partially void or destroyed, then de agreement en these conditions for the rest remain in force en will de concerned provision in mutual consultation immediately be replaced by a provision that de scope of the original as closely as possible.
6. de Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about de interpretation or content of one or more provisions of our terms and conditions must be interpreted 'according to de spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. De entrepreneur is entitled to change en the offer.
3. The offer contains a complete en accurate description of de offered products en and/or services. De description is sufficiently detailed to enable a proper assessment of the offer by de consumer. If de entrepreneur uses images these are a true reflection of de offered products en/or services. Obvious mistakes or obvious errors in the offer do not bind de entrepreneur.
4. All images, specifications data in the offer are indicative en cannot be a reason for compensation or dissolution of de agreement.
5. Images of products are a true representation of de offered products. Entrepreneur can not guarantee that de displayed colors correspond exactly to de real colors of de products.
6. Each offer contains such information that it is clear to de consumer what de rights en obligations are, which are attached to de acceptance of the offer. This concerns in
7. in particular:
de price including taxes;
de any shipping costs;
de how de the agreement will be concluded en which actions are necessary for that;
whether or not the right of withdrawal applies;
de way of payment, delivery en execution of de agreement;
de period for accepting the offer, or de period within which de entrepreneur de price guarantees;
de height of the tariff for distance communication if de costs of using de technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
whether de agreement after de conclusion is archived, en if so in which way it can be consulted by de consumer;
de way in which de consumer, before concluding de agreement, de can check the data provided by him in the framework of de agreement, en if so desired;
de any other languages in which, besides Dutch, de agreement can be concluded;
de codes of conduct to which de entrepreneur has subjected himself en de way in which de consumer can consult these codes of conduct electronically; en
de minimum duration of de agreement at a distance in case of a duration transaction.
Optional: available sizes, colors, type of materials.
Article 5 - De agreement
1. De agreement comes about, subject to the provisions of paragraph 4, at the moment of acceptance by de consumer of the offer en meeting de thereby established conditions.
2. If de consumer has accepted the offer electronically, de entrepreneur immediately confirms electronically de receipt of de acceptance of the offer. As long as de receipt of this acceptance has not been confirmed by de entrepreneur, de consumer may dissolve de agreement.
3. If de agreement is established electronically, de entrepreneur takes appropriate technical en organizational measures to protect de electronic transfer of data en he ensures a secure web environment. If de consumer can pay electronically, de entrepreneur will observe appropriate security measures.
4. De entrepreneur can - within legal frameworks - on de inform himself whether de consumer can meet his payment obligations, as well as of all those facts en factors that are important for a responsible conclusion of de remote agreement. If, on the basis of this investigation, de entrepreneur has good grounds not to de enter into an agreement, he is entitled to refuse an order or application or to attach special conditions to de implementation.
5. De entrepreneur will send the following information along with the product or service to de consumer de in writing or in such a way that it can be stored in an accessible manner on a durable data carrier by de consumer;
the visiting address of de establishment of de entrepreneur where de consumer can go with complaints;
de conditions under which en de the way in which de consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
de information about guarantees en existing after-sales service.
de data included in article 4 paragraph 3 of these conditions, unless de entrepreneur has already provided these data to de consumer before de implementation of de agreement;
de requirements for termination of de agreement if de agreement has a duration of more than one year or is of indefinite duration.
6. In case of a duration transaction, de provision in the previous paragraph applies only to de first delivery.
7. Every agreement is entered into under de suspensive conditions of sufficient availability of de relevant products.
Article 6 - Right of withdrawal
- At de purchase of products has de consumer de possibility to de agreement without statement of reasons to dissolve during a reflection period of 14 days. This reflection period starts on de day after receipt of the product by de consumer or a by de consumer designated en to de entrepreneur announced representative.
- During de reflection period will de consumer carefully with the product en de packaging. De consumer may only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he should return the product with all accessories delivered en - if reasonably possible - in de original state en packaging to de entrepreneur, in accordance de by de entrepreneur provided reasonable en clear instructions.
- If de consumer wishes to exercise his right of withdrawal, he must notify de entrepreneur within de cooling-off period of 14 days. After reporting de revocation, de consumer has another 14 days to return the product.
- De consumer bears de direct costs of returning the product, unless otherwise agreed.
- Product must be in original condition, including packaging. If de packaging is missing or damaged, additional charges may apply.
- The product must not have been used or assembled.
- Within approximately 10 business days of receiving de return, the amount due will be refunded, provided the product is received in good order.
- For exchange of products, de consumers should indicate this through the returns portal.
- We are not liable for missing packages if you choose uninsured shipping.
- Products that have been sealed en whose de seal has been broken cannot be returned.
- Products manufactured by de entrepreneur to the specifications of de consumer or clearly personal in nature.
- Hygienic products whose de seal has been broken.
Article 7 - Costs in case of withdrawal
1. If de consumer makes use of his right of withdrawal, at most de costs of return will be at his expense.
2. If de consumer has paid an amount, de will refund this amount as soon as possible, but at the latest within 14 days after revocation. Here is de condition that the product has already been received back by de entrepreneur or conclusive proof of complete return can be presented. Refund will be made via the same payment method used by de consumer unless de consumer explicitly authorizes a different payment method.
3. If the product is damaged by careless handling by de consumer himself, de consumer is liable for any depreciation in value of the product.
4. De consumer cannot be held liable for depreciation in value of the product if de entrepreneur has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of de purchase agreement.
Article 8 - Exclusion of right of withdrawal
1. De trader can exclude the right of withdrawal of de consumer for products as described in paragraph 2 en 3. De exclusion of the right of withdrawal is only valid if de trader has stated this clearly in the offer, or at least in good time before concluding de the contract.
2. Exclusion of the right of withdrawal is only possible for products:
3. that have been created by de entrepreneur in accordance with specifications of de consumer;
4. that are clearly personal in nature;
5. that cannot be returned due to their nature;
6. that spoil or age quickly;
7. whose de price is linked to fluctuations on de the financial market on which de entrepreneur has no influence;
8. for loose newspapers en magazines;
9. for audio- en video-recordings en computer software of which de consumer has broken de seal.
10.. for hygiene products of which de consumer de seal has been broken.
11. Exclusion of the right of withdrawal is only possible for services:
12. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
13. of which de delivery has started with the express consent of de consumer before de the cooling-off period has expired;
14. concerning bets en lotteries.
Article 9 - De price
1. During de validity period mentioned in the offer, de prices of de offered products en and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, de entrepreneur can offer products or services of which de prices are bound to fluctuations on de financial market en on which de entrepreneur has no influence, with variable prices. This link to fluctuations en the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months after de establishing de agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after de concluding de agreement are only allowed if de entrepreneur has stipulated it en:
5. these are the result of legal regulations or provisions; or
6. de consumer de has the authority to cancel de agreement as of de day on which de price increase takes effect.
7. De prices mentioned in the offer of products or services include VAT.
8. All prices are subject to printing - en misprints. No liability is accepted for de consequences of printing - en errors. In case of printing - en typesetting errors, de entrepreneur is not obliged to deliver the product according to de incorrect price.
Article 10 - Guarantee
Guarantee general:
1. If guarantees are included in de agreement, the following applies. Vendor guarantees that the sold product complies with de agreement, that it will function without defects en that it is suitable for the use which purchaser intends to make of it. This warranty applies for a period of one calendar year after receipt of the sold item by the buyer.
2. De the guarantee referred to serves to establish between the seller en buyer such an allocation of risks that de consequences of a breach of guarantee always come entirely at the expense en risk of the seller en that the seller can never invoke article 6:75 BW with regard to a breach of guarantee. The provisions of de the previous sentence also apply if de the Buyer was aware or could have been aware of the breach by carrying out an investigation.
3. De mentioned guarantee does not apply when the defect is the result of injudicious or improper use or when - without permission - buyer or third parties have made changes or tried to make changes or have used the purchased item for purposes for which it is not intended.
4. If de warranty provided by seller relates to an item manufactured by a third party, de warranty is limited to de warranty provided by that manufacturer.
Warranty exclusions:
Article 11 - Conformity en Guarantee
1. De entrepreneur guarantees that de products en and/or services comply with de agreement, de in the offer mentioned specifications, to de reasonable requirements of soundness en and/or usability en de on de on the date of de realization of de agreement existing legal provisions en and/or government regulations. If agreed, de entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by de entrepreneur, manufacturer or importer does not affect de legal rights en claims that de consumer under de agreement against de entrepreneur can assert.
3. Any defects or incorrect products delivered must be reported to de entrepreneur in writing within 4 weeks of delivery. Return of de products must be in de original packaging en in new condition.
4. De guarantee period of de entrepreneur corresponds to de manufacturer's guarantee period. De entrepreneur is, however, never responsible for de final suitability of de products for each individual application by de consumer, nor for any advice regarding the use or de application of de products.
5. De guarantee does not apply if:
5.1 De consumer de delivered products himself has repaired en/or processed or has had them repaired en/or processed by third parties;
5.2 De delivered products have been exposed to abnormal conditions or otherwise carelessly treated or have been treated contrary to de instructions of de entrepreneur en/or on de packaging;
5.3 De defectiveness is entirely or partially the result of regulations which de government has set or will set with regard to de nature or de quality of de applied materials.
6. Vespucci Nederland guarantees that the delivered product complies with de agreement en with de specifications of the offer. Vespucci Nederland warrants that the product possesses those properties which, in view of all circumstances, including de amount of de price, are necessary for normal use, as well as for special use insofar as this has been agreed.
7. Vespucci Nederland is not responsible for de the soundness of the product if de consumer de does not or not properly comply with the instructions or regulations given by Vespucci Nederland.
8. An arrangement offered by Vespucci Nederland as a guarantee does not affect de rights en claims that de consumers can assert on the basis of de law in respect of an attributable failure in de complying with de obligations of Vespucci Nederland.
9. De warranty claim does not apply to defects caused by - normal wear and tear; - failure by de consumer to take (sufficient) care for timely en proper maintenance, in accordance with de maintenance instructions; - damage caused by sharp objects, pets en other things which have nothing to do with normal use by persons; - repairs or interventions carried out by persons who are not (in writing) authorized to do so.
10. Vespucci Nederland is never liable for consequential damage.
Article 12 - Delivery en execution
- De entrepreneur will take de utmost care when receiving en when de carrying out orders of products en when de assessing applications for the provision of services.
- The place of delivery is the address that de consumer has made known to the company.
- Accepted orders will be carried out expeditiously, but at the latest within 30 days, unless otherwise agreed. If de delivery is delayed or if an order can not or only partially be performed, de consumer receives this no later than 30 days after de placement of de order notice. De consumer in that case has the right to de agreement without cost to dissolve.
- The risk of damage en and/or loss of products rests with de entrepreneur until the moment of delivery to de consumer or a previously designated representative, unless otherwise agreed.
- All packages are automatically insured by us through Xcover for the full purchase amount. This means that your purchase is covered in case of loss or damage in transit.
- Claims for shipments marked by de shipper as "Delivered" to the delivery address, but which de customer has not received, must be reported within 10 days of de date en time of delivery.
- If a package is marked "Delivered" by de freight forwarder, but de customer indicates that it has not been received, de customer is required to submit a written en signed statement confirming that the package was not received. This statement must be submitted within 10 days of de alleged delivery date en is necessary to file an insurance claim.
- Claims whose de status is "Not Delivered" must be reported no later than 30 days (or 60 days for international shipments) after de shipping date.
- In case of dissolution of de agreement in accordance with paragraph 2 of this article, de entrepreneur will refund the amount that de consumer has paid as soon as possible, but at the latest within 14 days after dissolution.
- If delivery of an ordered product proves impossible, de entrepreneur will make every effort to provide a replacement item. With replacement articles, the right of withdrawal remains applicable.
Article 13 - Duration transactions: duration, termination en prolongation
Termination:
1. De consumer may terminate an indefinite duration contract en which extends to the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules en a notice period not exceeding one month.
2. De consumer may terminate a fixed-term contract en that has been concluded for the regular supply of products (including electricity) or services at any time at the end of de a fixed-term in compliance with the applicable termination rules en a notice period not exceeding one month.
3. De consumer may de in de previous paragraphs:
terminate at any time en not be limited to termination at a specific time or in a specific period;
terminate at least in the same way as they were entered into by him;
always terminate with the same notice period as de entrepreneur has stipulated for himself.
Renewal:
4. A fixed-term contract en entered into for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the previous paragraph, a fixed-term contract en that has been concluded for the regular delivery of daily news- en weekbladen en magazines may be tacitly renewed for a fixed term not exceeding three months, if de the consumer can terminate this extended contract at the end of de extension with a notice period not exceeding one month.
6. A fixed-term contract en that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if de the consumer may terminate at any time with a period of notice that does not exceed one month en a period of notice that does not exceed three months in case de the contract extends to the regular, but less than once a month, delivery of daily newspapers, news en weeklies en magazines.
7. An agreement with a limited duration for the regular supply of trial daily-, news- en weeklies en magazines (trial or introductory subscription) is not tacitly continued en ends automatically after the end of de trial or introductory period.
Duration:
If a contract has a duration of more than one year, after one year de consumer may at any time terminate de the contract with a notice of up to one month, unless de reasonableness en fairness oppose termination before the end of de agreed duration.
Article 14 - Payment
1. Unless otherwise agreed, de amounts owed by de consumer should be paid within 7 working days after the start of de reflection period as referred to in article 6 paragraph
2. In case of an agreement to provide a service, this period commences after de consumer de has received confirmation of de agreement.
3. De consumer has de duty to report inaccuracies in payment details provided or stated immediately to de entrepreneur.
4. In the event of non-payment by de consumer, de entrepreneur is entitled, subject to legal restrictions, to charge de reasonable costs made known in advance to de consumer.
Article 15 - Complaints procedure
1. De entrepreneur has a sufficiently publicized complaints procedure en treats de complaint in accordance with this complaints procedure.
2. Complaints about de implementation of de agreement must be submitted within 7 days fully en clearly described to de entrepreneur, after de consumer de defects have been identified.
3. Complaints submitted to de entrepreneur will be answered within a period of 14 days from de date of receipt. If a complaint requires a foreseeably longer processing time, de entrepreneur will respond within de 14 days with a notice of receipt en an indication of when de consumer can expect a more detailed response.
4. If de complaint cannot be resolved by mutual agreement a dispute arises that is subject to de dispute resolution.
5. A complaint does not suspend de obligations of de entrepreneur, unless de entrepreneur indicates otherwise in writing.
6. If a complaint is found to be well-founded by de entrepreneur, de entrepreneur will, at its discretion, either replace or repair de delivered products free of charge.
We recommend that you first make complaints known to us by emailing info@vespuccinederland.nl As of February 15, 2016, it is also possible for consumers in de EU to submit complaints via the ODR platform of de European Commission. This ODR platform can be found at http://ec.europa.eu/odr If your complaint is not already being processed elsewhere, you are free to file your complaint via the platform of de European Union.
Article 16 - Disputes
1. On agreements between de entrepreneur en de consumer to which these general conditions relate, Dutch law exclusively applies. Even if de consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 17 - Additional or deviating provisions
Additional provisions or provisions deviating from these general conditions may not be to the detriment of de consumer en should be recorded in writing or in such a way that they can be stored by de consumer in an accessible manner on a durable data carrier.