Terms and Conditions

Terms and Conditions

Index:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, cancellation and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these conditions, the following definitions apply:

1. Reflection period: the period in which the consumer can make use of his right of withdrawal;

2. Consumer: the natural person who does not act in the exercise of profession or business and

enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Duration of transaction: a distance contract relating to a series of products and / or services, of

which the delivery and / or purchase obligation is spread over time;

5. Durable medium: any means that enables the consumer or entrepreneur to store information

that is addressed to him personally, in a way that makes future consultation and unaltered reproduction of the stored information possible.

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract

within the reflection period;

7. Model form: the model form for withdrawal that the entrepreneur provides that a consumer can

fill in when he wants to make use of his right of withdrawal.

8. Entrepreneur: the natural or statutory person who offers products and / or services to

consumers at a distance;

9. Distance contract: an agreement whereby, within the framework of a system organized by the

entrepreneur for distance selling of products and / or services, up to and including the conclu-sion

of the agreement, only one or more techniques for distance communication are used;

10. Technique for distance communication: means that can be used for concluding a contract,

without the consumer and entrepreneur being in the same room at the same time.

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

Article 2 - Identity of the entrepreneur

Entrepraneur name: Mr. Luigi Cucinotta

Address: Warehouse, Veldweg 16 5321 JE Hedel – The Netherlands

Business office : Alexander Vosmaerlaan 11 3721 PR Bilthoven – The Netherlands

Telephone number: +31 6 16202997 from Monday to Friday 9.00 AM to 17.00 PM

E-mail address: info@italiatella.com

Chamber of Commerce number: 71374833

VAT identification number: NL23569621B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every

distance contract and orders between entrepreneur and 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 before the distance contract

is concluded, it will be indicated that the general terms and conditions can be viewed at the

entrepreneur and they will be sent free of charge as soon as possible at the request of the

consumer.

3. If the distance contract is concluded electronically, by derogation from the previous paragraph

and before the distance contract is concluded, the text of these general terms and conditions can

be made available electronically to the consumer in such a way that the consumer can easily

store it on a durable medium. If this is not reasonably possible, before the distance contract is

concluded, it will be indicated where the general terms and conditions can be consulted

electronically and that at the request of the consumer they will be sent free of charge by

electronic means or otherwise.

4. In case the specific product or service conditions apply in addition to these general terms and

conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may

in the event of conflicting general terms and conditions always invoke the applicable provision

that is most favorable to him.

5. If one or more provisions in these general terms and conditions at any time are wholly or

partially void or destroyed, then the contract and these conditions remain intact and the

concerning stipulation will be replaced by a provision that the intention of the original approaches

as much as possible.

6. Situations that are not regulated in these general terms and conditions must be assessed 'to

the spirit' of these general terms and conditions.

7. Obscurities about the explanation or content of one or more provisions of our terms and

conditions, should be explained 'to the spirit' of these terms and conditions.

Article 4 - The offer

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

stated in the offer.

2. The offer is without obligations. The entrepreneur is entitled to amendd and adjust the offer.

3. The offer contains a complete and accurate description of the offered products and / or

services. The description is sufficiently detailed to make a proper assessment of the offer

possible by the consumer. If the entrepreneur uses images, these are a true reflection of the

offered products and / or services. Obvious mistakes or errors in the offer do not bind the

entrepreneur.

4. All images, specifications and information in the offer are indicative and can not lead to

compensation or dissolution of the contract.

5. Products with images are a true reflection of the products offered. Entrepreneur can not

guarantee that the displayed colors exactly match the real colors of the products.

6. Each offer contains such information that is clear to the consumer on what rights and

obligations are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;

• the possible costs of shipping;

• the way in which the contract will be concluded, and which acts are necessary for this;

• whether or not the right of withdrawal applies;

• the method of payment, delivery and execution of the contract;

• the period for accepting the offer, or the period within which the entrepreneur guarantees

the price;

• the amount of the tariff for distance communication if the costs of using the technique for

distance communication are calculated on a basis other than the regular basic tariff for

the used means of communication

• whether the agreement is filed after the conclusion and, if so, how it can be consulted by

the consumer;

• the way in which the consumer, prior to concluding the contract, can check the data

provided by him under the contract and repair it if necessary;

• any other languages in which, in addition to Dutch, the contract can be concluded;

• the codes of conduct to which the entrepreneur has subjected himself and the way in

which the consumer can consult these codes of conduct electronically; and

• the minimum duration of the distance contract in case of a duration of transaction.

• Optional: available sizes, colours, type of materials.

Article 5 - The contract

1. The contract is, without prejudice to the provisions of paragraph 4, concluded at the moment of

acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm

the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance

has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

3. If the contract is concluded electronically, the entrepreneur will take appropriate technical

measures and organisational measures to secure the electronic transfer of data and he will

ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will

observe appropriate security measures.

4. The entrepreneur can - within the legal frameworks - inform whether the consumer can meet

his payment obligations, as well as all those facts and factors that are important for a responsible

con-clusion of the distance contract. If the entrepreneur based on this investigation has good

reasons not to enter into the agreement, he is entitled to refuse an order or request, and he is

entitled to at-tach special conditions to the execution.

5. The entrepreneur will send the following information with the product or service, in writing or in

such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the business location of the entrepreneur where the consumer can go to

with complaints;

b. the conditions under which and the manner in which the consumer can make use of the right of

withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about guarantees and the existing service after purchase;

d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur

has already provided this information to the consumer before the execution of the contract;

e. the requirements for terminating the contract if the contract has a duration of more than one

year or is indefinite.

6. In case of an extended transaction, the provision in the previous paragraph only applies to the

first delivery.

7. Each contract is concluded under the suspensive conditions of sufficient availability of the

products concerned.

Article 6 - Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to terminate the contract without

giving any reasons within 14 days. This reflection period commences on the day following the

receipt of the product by the consumer or a representative who is pre-designated by the

consumer and who is announced to the entrepreneur.

2. During the reflection period, the consumer will handle the product and packaging carefully. He

will only unpack or use the product to the extent that is necessary to assess whether he wishes to

keep the product or not. If he makes use of his right of withdrawal, he will return the product with

all accessories and - if reasonably possible - in the original condition and packaging to the

entrepre-neur, in accordance with the reasonable and clear instructions provided by the

entrepreneur.

3. When the consumer wishes to make use of his right of withdrawal, he is obliged to announce

this to the entrepreneur within 14 days after the receipt of the product. The consumer must

announce this by means of the model form. After the consumer has announced that he wishes to

make use of his right of withdrawal, the customer must return the product within 14 days. The

consumer must prove that the delivered goods have been returned on time, for example by

means of a proof of shipment.

4. If the customer has not announced that he wishes to make use of his right of withdrawal after

the expiry of the periods mentioned in paragraphs 2 and 3, or the consumer has not returned the

product to the entrepreneur, the purchase is a fact.

When delivering services:

5. When providing services, the consumer has the option to terminate the contract without giving

any reasons for at least 14 days, starting on the day of conluding the contract.

6. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and

clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, the the consumer will bear the costs of

returning the goods.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as

possible but no later than 14 days after the cancellation. However, the condition is that the

product has already been received by the merchant or that conclusive proof of the complete

return can be submit-ted. Repayment will be made via the same payment method used by the

consumer, unless the consumer explicitly authorizes another payment method.

3. In the event of damage to the product due to careless handling by the consumer himself, the

consumer is liable for the depreciation of the product.

4. The consumer can not be held liable for the depreciation of the product if the entrepreneur

does not provide all legally required information about the right of withdrawal, this should be done

before the conclusion of the sales contract.

Article 8 - Exclusion of right of withdrawal

1. The entrepreneur can exclude the right of withdrawal of the consumer for products as

described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the

entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

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

a. that have been created by the entrepreneur in accordance with the specifications of the

consumer;

b. that are clearly personal in nature;

c. which can not be returned due to their nature;

d. that can spoil or age quickly;

e. of which the price is subject to fluctuations in the financial market on which the entrepreneur

has no influence;

f. for loose newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the

seal.

h. for hygienic products of which the consumer has broken the seal.

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

a. regarding accommodation, transport, restaurant services or to perform leisure activities on a

certain date or during a certain period;

b. of which the delivery commenced with the express consent of the consumer before the

reflection period has expired;

c. regarding bets and lotteries.

Article 9 - The price

1. During the 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.

2. Contrary to the previous paragraph, the entrepreneur can offer products or services with

variable prices, in case of prices that are subject to fluctuations in the financial market and on

which the entrepreneur has no influence. This link to fluctuations and the fact that any mentioned

prices are target prices are mentioned in the offer.

3. Price increases within 3 months after the conclusion of the contract are only permitted if they

are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only permitted if the

entre-preneur has stipulated this and:

a. they are the result of statutory regulations or stipulations; or

b. the consumer has the authority to terminate the contract with effect from the day on which the

price increase starts.

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

6. All prices are subject to printing errors. No liability is accepted for the consequences of printing

er-rors. In case of printing errors, the entrepreneur is not obliged to deliver the product at the

mistaken price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and / or services comply with the contract, the

specifications stated in the offer, the reasonable requirements of virtue and / or usability and the

existing statutory provisions and / or government regulations on the date of the conclusion of the

contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than

normal use.

2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory

rights and claims that the consumer can assert against the entrepreneur on the basis of the

contract.

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing

within 4 weeks after delivery. Return of the products must be in the original packaging and in a

new condition.

4. The warranty term of the entrepreneur is consistent with the warranty term of the manufacturer.

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.

5. The warranty does not apply if:

• The consumer has repaired the delivered products himself and / or processed or if the

consumer has it repaired and / or processed by third parties;

• The delivered products are exposed to abnormal conditions or otherwise careless

handling or contrary to the instructions of the entrepreneur and / or are handled on the

packaging;

• The defect in whole or in part is the result of regulations that the government has made or

will make regarding the nature or the quality of the materials used.

Article 11 - Delivery and execution

1. The entrepreneur will take the most possible care when receiving and executing orders of

products and when assessing applications for the provision of services.

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

3. With due regard for the provisions in paragraph 4 of this article, the company will execute

accepted orders expeditiously 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 can not or only partially be

executed, the consumer will receive a notification of this no later than 30 days after he has placed

the order. In that case, the consumer has the right to terminate the contract without any costs.

The consumer is not entitled to a compensation.

4. All delivery terms are indicative. The consumer can not derive any rights from any periods

mentioned. Exceeding a term does not entitle the consumer to a compensation.

5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will

refund the amount that the consumer has paid as soon as possible but no later than 14 days after

termination.

6. If the delivery of an ordered product appears to be impossible, the entrepreneur will endeavor

to make a replacement article available. At the latest upon delivery, it will be stated in a clear and

comprehensible manner that a replacement item will be delivered. For replacement items, the

right of withdrawal can not be excluded. The costs of any return shipment will be borne by the

entrepreneur.

7. 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 representative that is announced to the

entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration of transactions: duration, cancellation and extension

Cancellation

1. The consumer can terminate a contract that has been concluded for an indefinite period and

which extends to the regular delivery of products (including electricity) or services, at any time

with due regard for the agreed cancellation rules and a period of notice of up to one month.

2. The consumer can terminate a contract that has been concluded for a definite period and

which extends to the regular delivery of products (including electricity) or services, at any time by

the end of the stipulated term, with due regard for the agreed cancellation rules and a period of

notice of at most one month.

3. The consumer may, in the agreements that are mentioned in the previous paragraphs:

• cancel at any time and not be limited to termination at a specific time or in a given period;

• at least cancel in the same way as they were entered into by him;

• always cancel with the same period of notice as the entrepreneur has stipulated for himself.

Extension

4. A contract that has been concluded for a definite period and that extends to the regular delivery

of products (including electricity) or services, may not be tacitly extended or renewed for a fixed

term.

5. Contrary to the previous paragraph, a contract that has been concluded for a definite period

and which extends to the regular delivery of daily papers, newspapers and magazines may be

tacitly extended for a fixed term of a maximum of three months, if the consumer can cancel this

extended contract before the end of the extension with a period of notice of no more than one

month.

6. A contract that has been concluded for a definite period and that extends to the regular delivery

of products or services may only be tacitly extended for an indefinite period if the consumer may

cancel at any time with a period of notice of no more than one month and a period of notice of at

most three months in case the contract extends to the regular, but less than once a month,

delivery of daily papers, newspapers and magazines.

7. A contract of limited duration of the regular delivery of daily papers, newspapers and

magazines (trial or introductory subscription) can not be tacitly continued and ends automatically

after the trial or introductory period.

Duration

8. If a contract has a duration of more than one year, the consumer may terminate the contract at

any time with a period of notice of no more than one month, unless the reasonableness and

fairness oppose cancellation before the end of the agreed term.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working

days after the commencement of the reflection period as referred to in article 6 paragraph 1. In

case of a contract to provide a service, this period shall start after the consumer has received the

confirmation of the contract.

2. The consumer has the duty to report inaccuracies in provided or stated payment details to the

entrepreneur without delay.

3. In case of default by the consumer, the entrepreneur has the right, subject to statutory

restrictions, to charge the reasonable costs that were announced prior to the consumer.

Article 14 - Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in

accord-ance with this complaint’s procedure.

2. Complaints about the execution of the contract must be submitted fully and clearly described to

the entrepreneur within 7 days, after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the

date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will

respond within the period of 14 days with a notice of receipt and an indication when the consumer

can expect a more detailed answer.

4. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible

to the dispute settlement.

5. In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is

affiliated with Stichting WebwinkelKeur and if the complaints can not be resolved by mutual

agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which

will mediate free of charge. Check whether this webshop has a running membership

via https://www.webwinkelkeur.nl/leden/ (this only applies for Dutch and/or Belgian customers). If

there is not a solution found by then, the consumer has the opportunity to have his complaint

dealt with by the arbitration committee appointed by Stichting WebwinkelKeur, the decision of this

is binding and both entrepreneur and consumer must agree with this binding decision. There are

costs associated with submitting a dispute to the arbitration committee that must be paid by the

consumer to the relevant committee. It is also possible to file complaints via the European ODR

platform.

6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur

indicates otherwise in writing.

7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or

repair the products to the consumer its choice or the delivered products free of charge.

Article 15 - Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and

conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.

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

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these terms and conditions may not be at the expense of

the consumer and must be recorded in writing or in such a way that they can be stored by the

consumer in an accessible manner on a durable medium.