Competition Terms and Conditions
Terms and Conditions
Duca del Cosma
ARTICLE 1 – Definitions 3
ARTICLE 2 - Identity of the seller 4
ARTICLE 3 - Applicability 4
ARTICLE 4 - The offer 4
ARTICLE 5 - The agreement 5
ARTICLE 6 - Right of withdrawal 5
ARTICLE 7 - Consumer’s obligations during the reflection period 6
ARTICLE 8 - Exercise of the right of withdrawal by the consumer and its costs 6
ARTICLE 9 - Seller’s obligations in case of withdrawal 7
ARTICLE 10 - Exclusion of the right of withdrawal 7
ARTICLE 11 - The price 8
ARTICLE 12 - Fulfilment of agreement and additional warranty 8
ARTICLE 13 - Delivery and execution 8
ARTICLE 14 - Long-term transactions: duration, termination and extension 9
ARTICLE 15 - Payment 10
ARTICLE 16 - Complaints procedure 10
ARTICLE 17 - Disputes 10
ARTICLE 18 – Industry guarantee 11
ARTICLE 19 - Additional or deviating provisions 11
ARTICLE 20 - Amendment of the General Terms and Conditions for Online Retail 11
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following shall be understood as:
Reflection period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession;
Day: calendar day;
Digital content: data which is produced and delivered in digital form;
Durable data carrier any tool, including email, that enables the consumer or seller to store information personally addressed to them in a manner that allows future consultation or use for a period tailored to the purpose for which the information is intended, and enables the unchanged reproduction of the stored information.
Right of withdrawal: the consumer's ability to withdraw from the remote agreement within the reflection period;
Seller: Duca del Cosma Ltd. incorporated in the Netherlands
Remote agreement: an agreement between the seller and the consumer within the framework of an organised system to remotely sell products, digital content, and/or services, whereby, up until the conclusion of the agreement, one or more remote communication techniques are exclusively or partly employed;
Technique for remote communication: a means that can be used for the conclusion of an agreement, without the consumer and seller needing to be physically present in the same location at the same time.
ARTICLE 2 - IDENTITY OF THE SELLER
Duca del Cosma Ltd.
De Corridor 27
3621 ZA Breukelen
Phone number: 085-2500010 available from 9:00 until 17:00
Email address: firstname.lastname@example.org
Chamber of Commerce number: 65944399
ARTICLE 3 - APPLICABILITY
- These general terms and conditions apply to every offer made by the seller and to every remote agreement concluded between the seller and the consumer.
- Before the remote agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If reasonably not possible, the seller will indicate, before the remote agreement is concluded, how the general terms and conditions can be accessed, and that they will be sent to the consumer upon request, free of charge, and as soon as possible.
- If the remote agreement is concluded electronically, in deviation from the previous provision and before the remote agreement 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 data carrier. If not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.
ARTICLE 4 - THE OFFER
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the seller uses images, they are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the seller.
- Every offer contains information in such a way that it is clear to the consumer what rights and obligations are associated with accepting the offer.
ARTICLE 5 - THE AGREEMENT
- The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and compliance with the specified conditions.
- If the consumer has accepted the offer electronically, the seller shall promptly confirm the receipt electronically. As long as the receipt has not been confirmed by the seller, the consumer can terminate the agreement.
- If the agreement is concluded electronically, the seller shall implement appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer makes electronic payments, the seller shall observe appropriate security measures for this purpose.
- The seller, within legal boundaries, can ascertain whether the consumer is able to fulfil their payment obligations, as well as any facts and factors that are relevant for a responsible conclusion of the remote agreement. If, based on this investigation, the seller has valid grounds to not enter into the agreement, they are entitled to refuse an order or request with justification, or to attach special conditions to its execution.
- The seller shall provide the following information, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable data carrier, no later than the delivery of the product, service, or digital content:
- the terms and conditions under which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing post-purchase services;
- the price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the remote agreement.
ARTICLE 6 - RIGHT OF WITHDRAWAL
- The consumer has the right to terminate a purchase agreement within a reflection period of at least 14 days without giving any reasons. The seller may ask the consumer for the reason for the withdrawal, but cannot compel them to provide their reason(s).
- The reflection period mentioned in clause 1 commences on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The seller may refuse an order for multiple products with different delivery times, provided that they have clearly informed the consumer of this prior to the ordering process;
- if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or part.
ARTICLE 7 - CONSUMER’S OBLIGATIONS DURING THE REFLECTION PERIOD
- During the reflection period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may handle and inspect the product as they would be allowed to do in a physical store. Explicit use of the product is excluded.
- The consumer shall only be liable for any diminished value of the product resulting from handling the product in a manner beyond what is permitted in clause 1.
ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND ITS COSTS
- If the consumer wishes to exercise their right of withdrawal, they shall notify the seller within the reflection period through the model withdrawal form or by any other unequivocal statement to the seller.
- As soon as possible, but no later than 14 days from the day following the notification referred to in clause 1, the consumer shall return the product to the seller (or a representative thereof). This is not necessary if the seller has offered to collect the product themselves. The consumer shall be deemed to have observed the return period if they return the product before the expiration of the reflection period.
- The consumer shall return the product, including any attachments, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the seller.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer bears the direct costs of returning the product. However, if the seller has not notified the consumer of these costs or has indicated that they will bear the costs themselves, the consumer is not obligated to bear the return costs.
- If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.
ARTICLE 9 - SELLER’S OBLIGATIONS IN CASE OF WITHDRAWAL
- If the seller enables the consumer to make the notification of withdrawal electronically, they will promptly send an acknowledgment of receipt after receiving such notification.
- The seller will reimburse all payments made by the consumer, including any delivery costs charged by the seller for the returned product, without undue delay and no later than 14 days from the day on which the consumer notifies them of the withdrawal. Unless the seller offers to collect the product themselves, they may withhold the reimbursement until they have received the product or until the consumer provides evidence of having returned the product, whichever occurs first.
- The seller will use the same payment method for the reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement will be provided at no additional cost to the consumer.
- If the consumer has chosen a more expensive method of delivery than the standard delivery, the seller is not obligated to reimburse the additional costs associated with the more expensive method.
ARTICLE 10 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
The seller can exclude the following products and services from the right of withdrawal, but only if the seller has clearly indicated this in the offer, or at least in a timely manner before the conclusion of the agreement:
- Products that are customised or personalised according to the consumer's specifications, which are not prefabricated and are manufactured based on the consumer's individual choice or decision, or products that are clearly intended for a specific person;
- Products that, by their nature, are irrevocably mixed with other products after delivery.
ARTICLE 11 - THE PRICE
- The prices mentioned in the offer of products or services are inclusive of VAT.
- During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- The price must be paid upon acceptance of the agreement.
ARTICLE 12 - FULFILMENT OF AGREEMENT AND ADDITIONAL WARRANTY
- The seller warrants that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the seller also guarantees that the product is suitable for use other than normal use.
- Any additional warranty provided by the seller, its supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer can assert against the seller based on the agreement, in case the seller has failed to fulfil its part of the agreement.
- Extra warranty refers to any commitment made by the seller, its supplier, importer, or manufacturer that grants the consumer certain rights or claims that exceed their legal obligations in the event of failure to fulfil their part of the agreement.
ARTICLE 13 - DELIVERY AND EXECUTION
- The seller shall exercise the utmost care when receiving and fulfilling product orders and when assessing requests for the provision of services.
- The place of delivery shall be the address provided by the consumer to the seller.
- Subject to the provisions of Article 4 of these general terms and conditions, the seller shall fulfil accepted orders promptly and in any event within 7 days, unless a different delivery period has been agreed upon.
- The risk of damage and/or loss of products lies with the seller until the moment of delivery to the consumer or a designated representative, previously communicated to and known by the seller, unless expressly agreed otherwise.