Article 1: Definitions
Article 2: Identity of the trader
Article 3: Applicability
Article 4: The offer
Article 5: The agreement
Article 6: Right of withdrawal
Article 7: Costs in the event of withdrawal
Article 8: Exclusion of the right of withdrawal
Article 9: The price
Article 10: Warranty
Article 11: Conformity and warranty
Article 12: Delivery and performance
Article 13: Ongoing contracts: duration, termination and renewal
Article 14: Payment
Article 15: Complaints procedure
Article 16: Disputes
Article 17: Additional or deviating provisions
Article 1: Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
3. Day: calendar day;
4. Ongoing contract: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
5. Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
7. Model form: the model withdrawal form made available by the trader, which a consumer can complete when they wish to exercise their right of withdrawal.
8. Trader: the natural person or legal entity offering products and/or services to consumers at a distance;
9. Distance contract: a contract concluded within the framework of a system organised by the trader for the distance selling of products and/or services, where, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
10. Means of distance communication: a means that can be used to conclude a contract without the consumer and trader having to be in the same room at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the trader.
Article 2: Identity of the trader
Vespucci Nederland B.V.
Address: Prinsenweide 2F,
7317BB, Apeldoorn
Email address: info@vespuccinederland.nl
Chamber of Commerce number: 82499470
VAT identification number: NL862494424B01
Bank details:
Bank: ING
IBAN:NL66RABO0385888147
BIC: INGBNL2A
If the trader's activity is subject to a relevant licensing system: details of the supervisory authority:
If the trader practises a regulated profession:
the professional association or organisation to which they belong;
the professional title and the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules that apply in the Netherlands and an indication of where and how these professional rules can be accessed.
Article 3: Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
4. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partly void or voided, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will promptly be replaced, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.
6. Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4: The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer is non-binding. The trader is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
4. All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours shown exactly match the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
7. in particular:
the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the trader guarantees the price;
the level of the distance communication rate, if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after it has been concluded and, if so, how the consumer can consult it;
the way in which the consumer can check, before concluding the agreement, the data they have provided in connection with the agreement and, if desired, correct it;
any other languages, besides Dutch, in which the agreement can be concluded;
the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an ongoing contract.
Optional: available sizes, colours, types of material.
Article 5: The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out in it.
2. If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the trader will take suitable technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe suitable security measures for this purpose.
4. The trader may, within the bounds of the law, find out whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for entering into the distance contract responsibly. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
5. The trader will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
the visiting address of the trader's establishment where the consumer can take complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notice that the right of withdrawal is excluded;
the information about warranties and existing after-sales service;
the information included in article 4 paragraph 3 of these terms, unless the trader has already provided this information to the consumer before the agreement was performed;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of an ongoing contract, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into subject to the suspensive condition that the products concerned are sufficiently available.
Article 7: Costs in the event of withdrawal
1. If the consumer exercises their right of withdrawal, at most the costs of returning the product are for their account.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, and no later than 14 days after withdrawal. This is on the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
3. If the product is damaged through careless handling by the consumer, the consumer is liable for any reduction in the product's value.
4. The consumer cannot be held liable for a reduction in the product's value if the trader has not provided all legally required information about the right of withdrawal, which must be done before the purchase agreement is concluded.
Article 8: Exclusion of the right of withdrawal
1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the agreement is concluded.
2. Exclusion of the right of withdrawal is only possible for products:
3. that have been made by the trader in accordance with the consumer's specifications;
4. that are clearly personal in nature;
5. that by their nature cannot be returned;
6. that can spoil or age quickly;
7. whose price is tied to fluctuations in the financial market over which the trader has no influence;
8. for single newspapers and magazines;
9. for audio and video recordings and computer software whose seal has been broken by the consumer;
10. for hygiene products whose seal has been broken by the consumer.
11. Exclusion of the right of withdrawal is only possible for services:
12. relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
13. whose delivery has started with the consumer's express consent before the cooling-off period has expired;
14. relating to betting and lotteries.
Article 9: The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations in the financial market and over which the trader has no influence at variable prices. This tie to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
5. they result from statutory regulations or provisions; or
6. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.
8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10: Warranty
General warranty:
1. If warranties are included in the agreement, the following applies. The seller warrants that the item sold conforms to the agreement, that it will function without defects and that it is suitable for the use the buyer intends to make of it. This warranty applies for a period of one calendar year after the buyer receives the item sold.
2. The warranty referred to is intended to create between seller and buyer such an allocation of risk that the consequences of a breach of warranty are always entirely for the seller's account and risk, and that the seller can never rely on article 6:75 of the Dutch Civil Code in respect of a breach of warranty. The provision in the previous sentence also applies if the buyer was aware, or could have become aware by carrying out an investigation, of the breach.
3. The warranty mentioned does not apply if the defect has arisen as a result of improper or unintended use or if, without permission, the buyer or third parties have made or attempted to make modifications or have used the purchased item for purposes for which it is not intended.
4. If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that manufacturer.
Warranty exclusions:
Article 11: Conformity and warranty
1. The trader warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.
2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the agreement.
3. Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
4. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
5.1 The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
5.2 The delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or handled contrary to the trader's instructions and/or the instructions on the packaging;
5.3 The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
6. Vespucci Nederland warrants that the product supplied conforms to the agreement and to the specifications of the offer. Vespucci Nederland warrants that the product has the properties that, taking all circumstances into account, including the level of the price, are necessary for normal use, as well as for special use insofar as agreed.
7. Vespucci Nederland does not warrant the soundness of the product if the consumer fails to follow, or fails to properly follow, the instructions or regulations given by Vespucci Nederland.
8. An arrangement offered by Vespucci Nederland as a warranty does not affect the rights and claims that the consumer can assert under the law in respect of an attributable failure in the performance of Vespucci Nederland's obligations.
9. The warranty claim does not apply to defects caused by: normal wear and tear; the consumer's failure to take (sufficient) care to ensure timely and correct maintenance in accordance with the maintenance instructions; damage caused by sharp objects, pets and other things that have nothing to do with normal use by people; repairs or interventions carried out by persons who are not (in writing) authorised to do so.
10. Vespucci Nederland is never liable for consequential damage
Article 12: Delivery and performance
The trader will exercise the greatest possible care when receiving and processing orders for products and when assessing requests for services.
The place of delivery is the address that the consumer has made known to the company.
Accepted orders will be processed with due speed, but within 30 days at the latest, unless agreed otherwise. If delivery is delayed or if an order cannot be fulfilled, or can only be partly fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case the consumer has the right to dissolve the agreement at no cost.
The risk of damage and/or loss of products lies with the trader until the moment of delivery to the consumer or a representative designated in advance, unless agreed otherwise.
All parcels are automatically insured by us via Xcover for the full purchase amount. This means your purchase is covered in the event of loss or damage during transport.
Claims for shipments that the carrier has marked as “Delivered” to the delivery address, but which the customer has not received, must be reported within 10 days of the date and time of delivery.
If a parcel is marked as “Delivered” by the carrier, but the customer states that they have not received it, the customer is required to submit a written and signed statement confirming that the parcel has not been received. This statement must be submitted within 10 days of the alleged delivery date and is necessary to make an insurance claim.
Claims with the status “Not delivered” must be reported no later than 30 days (or 60 days for international shipments) after the shipping date.
If the agreement is dissolved in accordance with paragraph 3 of this article, the trader will refund the amount the consumer has paid as soon as possible, and no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. For replacement items, the right of withdrawal continues to apply.
The trader is not responsible for delivery delays caused by the carrier. The consumer acknowledges that actual delivery is outside the trader's direct control.
Article 13: Ongoing contracts: duration, termination and renewal
Termination:
1. The consumer may terminate at any time an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, observing the termination rules agreed for this purpose and a notice period of no more than one month.
2. The consumer may terminate at any time at the end of the fixed term an agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services, observing the termination rules agreed for this purpose and a notice period of no more than one month.
3. The consumer may, in respect of the agreements mentioned in the previous paragraphs:
terminate them at any time and not be restricted to termination at a particular time or in a particular period;
terminate them at least in the same way as they were entered into;
always terminate them with the same notice period as the trader has stipulated for themselves.
Renewal:
4. An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.
5. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.
6. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily and weekly newspapers and magazines.
7. An agreement of limited duration for the regular delivery of daily and weekly newspapers and magazines on an introductory basis (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 14: Payment
1. Unless agreed otherwise, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in article 6 paragraph
2. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
3. The consumer has a duty to report any inaccuracies in the payment details provided or stated to the trader without delay.
4. If the consumer defaults on payment, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 15: Complaints procedure
1. The trader has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within 7 days of the consumer discovering the defects.
3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint is expected to require a longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. A complaint does not suspend the trader's obligations, unless the trader states otherwise in writing.
6. If the trader finds a complaint to be justified, the trader will, at their option, either replace the delivered products free of charge or repair them.
We recommend that you first make complaints known to us by emailing info@vespuccinederland.nl From 15 February 2016, consumers in the EU can also submit complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being handled elsewhere, you are free to lodge your complaint via the European Union's platform.
Article 16: Disputes
1. Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law, even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 17: Additional or deviating provisions
Additional provisions, or provisions that deviate from these general terms and conditions, must not be to the consumer's detriment and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
Article 18: Missing shipments, investigation, verification and replacement delivery
18.1 If a customer reports that an order has not been received, while the cause of the loss has not yet been established or the carrier has not yet given a final outcome, Vespucci Nederland has the right to conduct an investigation with the carrier and any other parties involved.
18.2 During the investigation, Vespucci Nederland is not obliged to refund the purchase amount immediately. Vespucci Nederland has the right to await the outcome of the investigation before offering a final solution.
18.3 The customer is obliged to cooperate fully with an investigation into a missing shipment. This includes, among other things, providing additional information, completing statements, checking the delivery address, asking housemates, neighbours or other possible recipients, and answering reasonable questions from Vespucci Nederland or the carrier.
18.4 To prevent fraud, Vespucci Nederland may take additional verification measures if there is reason to do so. These may include, among other things, requesting additional details, having a missing-parcel statement completed, confirming customer or address details, providing supporting documents or other reasonable verification requests.
18.5 The customer is bound to cooperate fully with such reasonable verification requests. If the customer refuses to cooperate with a reasonable verification request, provides incomplete information or otherwise gives insufficient cooperation to the investigation, Vespucci Nederland has the right to suspend handling of the missing-shipment report until sufficient clarity has been obtained.
18.6 If the investigation shows that the shipment has probably been lost, Vespucci Nederland has the right to still fulfil the agreement by:
a. arranging a replacement delivery of the same product;
b. supplying an equivalent alternative product if the original product is no longer available;
c. refunding the purchase amount if delivery of a replacement or equivalent product is not reasonably possible.
18.7 If a replacement delivery is provided, any claim to additional compensation lapses, unless Vespucci Nederland has acted with intent or deliberate recklessness.
18.8 If a shipment reported as missing is still delivered after a replacement delivery has taken place, the customer must notify Vespucci Nederland of this without delay.
18.9 In the case referred to in article 18.8, the customer must, at Vespucci Nederland's option:
a. return the original shipment; or
b. return the replacement delivery.
18.10 The return referred to in article 18.9 must take place within 14 days of Vespucci Nederland's request. Vespucci Nederland will provide a return label free of charge for this purpose.
18.11 If the customer keeps both products or refuses to cooperate in returning either of the two products, Vespucci Nederland is entitled to charge the sales value of the extra product.
18.12 If it later turns out that a report of loss was incorrect, incomplete or misleading, Vespucci Nederland reserves the right to recover from the customer all direct and indirect damage, including the cost of a replacement delivery, investigation costs, transport costs, administration costs, extrajudicial collection costs and any legal costs, insofar as permitted by law.
18.13 Where fraud, abuse or unlawful conduct is suspected, Vespucci Nederland reserves the right to carry out additional checks, request further information or suspend a replacement delivery until sufficient clarity has been obtained.
18.14 If, after the investigation is completed, justified doubt remains about the accuracy of a report of loss, Vespucci Nederland reserves the right to provide a replacement delivery only after additional verification has taken place.
18.15 The provisions in this article do not affect consumers' mandatory rights under applicable laws and regulations.
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