Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
  • Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Continuous transaction: A distance contract relating to a series of products and/or services, where the obligation of delivery and/or purchase is spread over time.
  • Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged reproduction of the stored information.
  • Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
  • Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
  • Distance contract: A contract in which, within the framework of a system organized by the entrepreneur for remote sales of products and/or services, one or more means of remote communication are used exclusively up to and including the conclusion of the contract.
  • Means of remote communication: A method that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.
  • General Terms and Conditions: These present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Gialini Rigatti
Westzijde 243c
1506GE Zaandam
Email: info@gialinirigatti.com
Chamber of Commerce number: 78736986
VAT identification number: NL003373711B02

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

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 viewed at the entrepreneur’s premises and will be sent free of charge upon request by the consumer.

If the distance contract is concluded electronically, then in deviation from the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request by the consumer.

If specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force in all other respects, and the relevant provision shall be replaced by mutual agreement with a provision that approximates the original intent as closely as possible.

Situations that are not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

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 is non-binding. The entrepreneur is entitled to change and adjust the offer.

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

All images, specifications, and details in the offer are indicative and cannot be grounds for compensation or termination of the agreement.

Product images are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This particularly concerns:

  • The price, including taxes;
  • Any applicable shipping costs;
  • The manner in which the agreement will be concluded and what actions are required for this;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, and execution of the agreement;
  • The period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • The cost of remote communication if these costs are calculated based on a rate different from the regular base rate of the used communication method;
  • Whether the contract will be archived after its conclusion and, if so, how the consumer can access it;
  • The way in which the consumer, before concluding the contract, can check and correct any information they have provided;
  • The languages in which, besides Dutch, the agreement can be concluded;
  • The codes of conduct to which the entrepreneur is subject and how the consumer can electronically consult these codes of conduct;
  • The minimum duration of the distance contract in the case of a continuous transaction.

Optional: Available sizes, colors, material types.

Article 5 – The Agreement

The agreement is established, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the stated conditions.

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

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will implement appropriate security measures.

The entrepreneur may, within the legal framework, inquire whether the consumer can fulfill their payment obligations and about other facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or application with justification or to attach special conditions to the execution.

The entrepreneur will provide the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it on a durable data carrier:
a. The physical address of the entrepreneur's establishment where the consumer can submit complaints;
b. The conditions and method by which the consumer can exercise their right of withdrawal, or a clear statement if the right of withdrawal is excluded;
c. Information regarding warranties and after-sales services;
d. The details included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
e. The conditions for terminating the agreement if it has a duration of more than one year or is indefinite.

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

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 30 days. This reflection period starts on the day after the consumer, or a representative designated in advance by the consumer and communicated to the entrepreneur, has received the product.

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

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. This notification must be made in writing or via email. After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must provide proof that the returned items were sent on time, for example, with a shipping receipt.

If the consumer does not notify the entrepreneur of their decision within the terms specified in paragraphs 2 and 3, or if the product is not returned, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products is their responsibility.

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 withdrawal. However, this is subject to the condition that the returned product has already been received by the entrepreneur or that the consumer provides conclusive proof of complete return shipment.

Article 8 – Exclusion of the Right of Withdrawal

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 before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. that, due to their nature, cannot be returned;
d. that can spoil or age quickly;
e. whose price is dependent on fluctuations in the financial market beyond the entrepreneur's control;
f. that are individual newspapers and magazines;
g. that involve audio and video recordings and computer software where the consumer has broken the seal;
h. that involve hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
b. where the delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
c. relating to betting and lotteries.

Article 9 – The Price

During the validity period 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.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market beyond the entrepreneur’s control. This dependence on fluctuations and the fact that any listed prices are guide prices will be stated in the offer.

Price increases within three months of the conclusion of the agreement are only permitted if they result from legal regulations or provisions.

Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they result from legal regulations or provisions; or
b. the consumer has the right to terminate the agreement from the day the price increase takes effect.

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

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

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in effect at the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The return of products must be in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
  • The defect is entirely 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

The entrepreneur will take the greatest possible care when receiving and executing orders for products. The place of delivery is the address provided by the consumer to the company.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost and is entitled to possible compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to offer a replacement product. It will be clearly and comprehensibly stated no later than at the time of delivery that a replacement product is being provided. For replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period that entails the regular delivery of products (including electricity) or services at any time, subject to agreed-upon termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed period that entails the regular delivery of products (including electricity) or services at the end of the fixed term, subject to agreed-upon termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

  • At any time and without being limited to termination at a specific time or in a specific period;
  • At least in the same manner as they were entered into;
  • Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a fixed period that entails the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, an agreement entered into for a fixed period that entails the regular delivery of daily, news, or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

An agreement entered into for a fixed period that entails the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or a notice period of no more than three months if the agreement entails the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

A fixed-term agreement for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed-upon duration.

Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period as referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the agreement. The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will provide an acknowledgment of receipt within 14 days and an indication of when the consumer can expect a more detailed response. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes
Contracts 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.