Terms & Conditions

Date of last modification: October 21, 2024

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Long-term transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different 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 does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Long-term transaction: a distance contract relating to a series of products and/or services, with the obligation of delivery and/or purchase spread over time;

5. Durable medium: any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future reference and unaltered reproduction of the stored information.

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

7. Model withdrawal form: the model form for withdrawal made available by the entrepreneur, which a consumer can use if they wish to exercise their right of withdrawal;

8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

9. Distance contract: a contract concluded under an organized system by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to the conclusion of the contract;

10. Means of distance communication: any means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same place at the same time.

11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Fattorino Innamorato

Kortekade 95a2
3062GP Rotterdam
Netherlands

Email: info@fattorinoinnamorato.com
KVK: 97522287
VAT number: NL868090578B0

 

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge upon request.

3. If the distance contract is concluded electronically, and in deviation from the previous paragraph, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 also apply. In the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.

5. If one or more provisions of these general terms and conditions are at any time wholly or partially void or invalid, the contract and the remainder of these conditions will remain in force, and the void provision will be replaced by a mutually agreed-upon provision that closely approximates the original intent.

6. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

7. Any ambiguity regarding the interpretation or content of one or more provisions of these terms must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

2. The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.

3. The offer includes a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.

5. Product images are a faithful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

6. Every offer contains information that clearly indicates the consumer’s rights and obligations associated with accepting the offer. This includes, in particular:

1. 1. The price, including taxes;

   2. Any shipping costs;

   3. How the agreement will be concluded and which actions are necessary for this;

   4. Whether or not the right of withdrawal applies;

   5. The method of payment, delivery, and execution of the agreement;

   6. The minimum duration of the distance contract in the case of a continuous transaction.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur may, within the legal framework, inquire whether the consumer can fulfill their payment obligations, as well as any other facts and factors relevant to a responsible conclusion of the distance contract. If, based on this inquiry, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request, providing reasons, or to attach special conditions to its execution.

5. The entrepreneur will include the following information 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:

1. 1. The conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

   2. Information on warranties and after-sales services;

   3. The details specified in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

   4. The requirements for terminating the agreement if the contract has a duration of more than one year or is indefinite.

1. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

2. Every agreement is concluded under the suspensive condition of sufficient availability of the products in question.

Article 6 - Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 14 days. This cooling-off period starts the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.

2. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product, including all accessories provided and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The notification should be made using the model form or another communication method, such as by email. After the consumer has expressed their intent to use their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the product was returned in a timely manner, for instance by providing proof of shipment.

4. If the consumer has not communicated their wish to exercise the right of withdrawal after the deadlines mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase becomes final.

For the delivery of services:

1. When services are provided, the consumer has the right to cancel the agreement without giving any reason for at least 14 days, starting from the day the agreement is made.

2. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or at the latest at the time of delivery.

Article 7 - Costs in the event of withdrawal

1. The consumer bears the direct costs of returning the product.

2. If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been returned or sufficient proof of the 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 method.

3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly states this in the offer or at least in a timely manner before the agreement is concluded.

2. Exclusion of the right of withdrawal is only possible for products:

1. 1. that have been made according to the consumer's specifications;

   2. that are clearly personal in nature;

   3. that cannot be returned due to their nature;

   4. that spoil or age quickly;

   5. whose price depends on fluctuations in the financial market beyond the entrepreneur's control;

   6. for hygiene products where the seal has been broken by the consumer.

1. Exclusion of the right of withdrawal is only possible for services:

1. 1. relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;

   2. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;

   3. relating to betting and lotteries.

Article 9 - The Price

1. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

2. Price increases occurring after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

1. they result from legal regulations or provisions; or

2. the consumer has the right to terminate the agreement as of the date the price increase takes effect.

1. The prices mentioned in the offer of products or services include VAT.

2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and any existing legal provisions and/or government regulations at the date of the agreement.

2. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of receiving the product.

3. The entrepreneur's warranty period corresponds with the manufacturer's warranty period. However, the entrepreneur 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.

4. The warranty does not apply if:

1. 1. the consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;

   2. the delivered products have been exposed to abnormal conditions, handled carelessly, or treated contrary to the instructions of the entrepreneur and/or the packaging;

   3. the consumer has washed, tumble-dried, dry-cleaned, or otherwise treated the products contrary to the entrepreneur’s instructions, or it can be proven that the products have been worn;

   4. the defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when evaluating requests for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. All delivery periods are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a delivery period does not entitle the consumer to compensation.

4. If delivery of an ordered product proves impossible, the entrepreneur will notify the consumer within 30 days of purchase. Failure to deliver a product only entitles the consumer to a refund, with no right to compensation.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Payment

1. Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1.

2. The consumer has the duty to immediately report any inaccuracies in the payment details provided or mentioned to the entrepreneur.

3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.

Article 13 - Force Majeure

1. In the event of force majeure, the entrepreneur is not required to fulfill their obligations toward the consumer, or the obligations are suspended for the duration of the force majeure. Force majeure is defined as any circumstance beyond the entrepreneur’s control that wholly or partially prevents the fulfillment of obligations toward the consumer. This includes, but is not limited to: natural disasters, war, terrorism, pandemics, epidemics, government measures, strikes, failures in energy or telecommunications networks, transportation disruptions, unforeseen delays from suppliers or other third parties, or other situations beyond the entrepreneur’s reasonable control.

2. In the event of force majeure, the entrepreneur has the right to suspend the execution of the agreement for as long as the force majeure lasts, or to dissolve the agreement in whole or in part without being liable for any compensation to the consumer. If the period of force majeure lasts longer than three months, both parties have the right to dissolve the agreement without being obligated to pay compensation.

3. The entrepreneur will notify the consumer as soon as possible of a situation of force majeure, providing a description of the nature of the force majeure and the expected duration. If applicable, the parties will attempt to discuss alternative solutions or postpone delivery.

4. Force majeure does not apply to payment obligations by the consumer, unless the consumer is unable to meet their payment obligation due to the force majeure circumstances.

Article 14 - Complaints Procedure

1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.

2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within 30 days after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

4. If the complaint cannot be resolved through mutual consultation, it will result in a dispute that is subject to a dispute resolution procedure.

5. In the event of a complaint, the consumer must first approach the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

2. The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply.