Terms of service

Online Sales Terms and Conditions

Article 1: Definitions
Article 2: Identity of the Seller
Article 3: Applicability
Article 4: The Offer
Article 5: The Agreement
Article 6: Right of Withdrawal
Article 7: Consumer's Obligations During the Reflection Period
Article 8: Exercise of the Right of Withdrawal and Its Costs
Article 9: Seller's Obligations in Case of Withdrawal
Article 10: Exclusion of the Right of Withdrawal
Article 11: The Price
Article 12: Fulfillment of Agreement and Additional Warranty
Article 13: Delivery and Execution

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 suited to the purpose of the information, and that 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 B.V., incorporated in the Netherlands.

Remote agreement: an agreement between the seller and the consumer within the framework of an organized 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 used.

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 B.V.
De Corridor 27
3621 ZA Breukelen
The Netherlands

Phone number: 085 250 0010
Available from 9:00 to 17:00, Amsterdam time (GMT+2)
Email address: info@ducadelcosma.com
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 this is not reasonably 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 free of charge upon request, as soon as possible.
If the remote agreement is concluded electronically, the text of these general terms and conditions may instead be made available to the consumer electronically in a way that allows the consumer to easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated, before the remote agreement is concluded, where the general terms and conditions can be accessed electronically, and that they will be sent 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 Article 4, at the moment the consumer accepts the offer and meets the specified conditions.
If the consumer has accepted the offer electronically, the seller will promptly confirm receipt electronically. Until this receipt has been confirmed, the consumer may terminate the agreement.
If the agreement is concluded electronically, the seller will implement appropriate technical and organizational measures to secure the electronic transmission of data and to ensure a secure web environment. If the consumer makes electronic payments, the seller will observe appropriate security measures accordingly.
Within legal boundaries, the seller may verify whether the consumer is able to fulfill their payment obligations, along with other facts and factors relevant to a responsible conclusion of the remote agreement. If, based on this investigation, the seller has valid grounds not to 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 will provide the following information, in writing or in a way that allows the consumer to store it accessibly on a durable data carrier, no later than the delivery of the product, service, or digital content:
1. the terms and conditions under which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of this right
2. information about warranties and available post-purchase services
3. the price, including all taxes, of the product, service, or digital content, along with any applicable 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 reason. The seller may ask the consumer for the reason for withdrawal, but cannot require them to provide it.
The reflection period referred to in clause 1 begins on the day after the consumer, or a third party designated by the consumer other than the carrier, has received the product, or:
1. if the consumer has ordered multiple products in the same order, on the day the consumer, or a designated third party, has received the last product. The seller may refuse an order for multiple products with different delivery times, provided the consumer has been clearly informed of this before the ordering process
2. if delivery of a product consists of multiple shipments or parts, on the day the consumer, or a designated third party, 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. The product should only be unpacked or used to the extent necessary to determine its nature, characteristics, and functioning, comparable to how a product may be handled and inspected in a physical store. Actual use of the product is not permitted.
The consumer is liable only for any reduction in the value of the product that results from handling it beyond what is described in clause 1.

Article 8: Exercise of the Right of Withdrawal and Its Costs

If the consumer wishes to exercise their right of withdrawal, they must notify the seller within the reflection period using the model withdrawal form or through another clear statement.
The consumer must return the product to the seller, or a representative of the seller, as soon as possible and no later than 14 days after the day the notification referred to in clause 1 was made. This is not required if the seller has offered to collect the product themselves. The return period is considered met if the product is returned before the reflection period expires.
The consumer shall return the product, including any accessories, in its original condition and packaging where reasonably possible, 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, unless the seller has not informed the consumer of these costs or has indicated they will cover the costs themselves.
If the consumer exercises their right of withdrawal, any supplementary agreements are automatically dissolved.

Article 9: Seller's Obligations in Case of Withdrawal

If the seller allows the consumer to submit a notification of withdrawal electronically, an acknowledgment of receipt will be sent promptly upon receiving it.
The seller will reimburse all payments made by the consumer, including any delivery costs charged for the returned product, without undue delay and no later than 14 days after being notified of the withdrawal. Unless the seller offers to collect the product themselves, reimbursement may be withheld until the product has been received, or until the consumer provides proof that the product has been returned, whichever occurs first.
The seller will use the same payment method for the reimbursement as the consumer originally used, unless the consumer agrees to a different method. Reimbursement is provided at no additional cost to the consumer.
If the consumer chose a more expensive delivery method than the standard option, the seller is not required to reimburse the additional cost of that method.

Article 10: Exclusion of the Right of Withdrawal

The seller may exclude the following products and services from the right of withdrawal, provided this has been clearly stated in the offer, or in good time before the agreement is concluded:

products that are customized or personalized according to the consumer's specifications, are not prefabricated, and are manufactured based on the consumer's individual choice or decision, or products 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 include VAT.
During the validity period stated in the offer, prices of the offered products and/or services will not be increased, except for changes due to changes in VAT rates.
The price must be paid upon acceptance of the agreement.

Article 12: Fulfillment of Agreement and Additional Warranty

The seller warrants that the products and/or services comply with the agreement, the specifications mentioned in the offer, reasonable requirements of soundness and usability, and the legal provisions and government regulations in effect at the time the agreement is concluded. Where agreed, the seller also guarantees that the product is suitable for use other than its normal use.
Any additional warranty provided by the seller, its supplier, manufacturer, or importer never limits the legal rights and claims the consumer can assert against the seller under the agreement, in the event the seller has failed to fulfill its obligations.
Additional warranty refers to any commitment by the seller, its supplier, importer, or manufacturer that grants the consumer rights or claims beyond their legal entitlements in the event of a failure to fulfill the agreement.

Article 13: Delivery and Execution

The seller will exercise the utmost care in receiving and fulfilling product orders and in assessing requests for services.
The place of delivery is the address provided by the consumer to the seller.
Subject to Article 4, the seller will fulfill accepted orders promptly and within 7 days at the latest, unless a different delivery period has been agreed.
The risk of damage and/or loss of products lies with the seller until the moment of delivery to the consumer, or to a designated representative previously communicated to and known by the seller, unless expressly agreed otherwise.