General Terms and Conditions

 

 

 
 

Article 1 – Definitions
In these General Terms and Conditions, the following terms are defined:

Consumer: the natural person who does not act in exercise of a profession or business and remotely concludes a Remote Agreement with La Terzi V.O.F. (hereafter: "Melli Mello", “La Terzi”). ;

Day: a calendar day;

Right of withdrawal: the possibility a consumer has to cancel the remote agreement within the reconsideration period;

Reconsideration Period: the period within which the consumer can make use of his right of withdrawal;

Long-term data carrier: any means that allows the Consumer or La Terzi. to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible. For more information on (personal) information please read the policy statement provided on the website.

Remote Agreement: an agreement whereby, within the context of a sales system for the remote sale of items organized by La Terzi, up to the conclusion of the Agreement, exclusive use is made of one or more techniques for remote communication. In these General Terms and Conditions, ‘remote agreement’ is referred to as ‘Agreement’;

Technology for remote communication: resources that can be used for the conclusion of an Agreement, without the Consumer and the entrepreneur coming together in the same room simultaneously.

Article 2 – The entrepreneur’s identity

Name of company: La Terzi V.O.F
Trades under the name: La Terzi
The company is also referred to in these General Terms and Conditions as ‘entrepreneur’.

Business address:
Thomas Morestraat 9, 3902 KB Veenendaal

____________________

The Netherlands

General telephone number:+31 318 506058 Monday through Friday from 9:00 a.m. until 17.00 hrs.

E-mail: info@mellimello.com
Chamber of Commerce number: 30178291
VAT identification number: 8108.07.609.01

Article 3 - Applicability

These General Terms and Conditions are included in all offers made by and apply to every Remote Agreement concluded between La Terzi  and Consumer. La Terzi hereby explicitly rejects all other terms and agreements of the other party. All other agreements must be confirmed in writing by La Terzi.

La Terzi retains the right to change amend these General Terms and Conditions unilaterally. The most recent version of these General Terms and Conditions shall always be available through the homepage of the website.

Article 4 – The offer

The items offered at the webshop form an offer made to the Consumer on the basis of information provided at the webshop.If an offer has a limited term or is made subject to conditions, this will be stated explicitly in the offer.

The offer contains a full and accurate description of the offered items. The description is suitably detailed to enable the Consumer to assess the offer adequately. If La Terzi makes use of visual material, these are faithful representations of the items offered. La Terzi cannot, however, guarantee that the color(s) of the items as shown at the webshop agree exactly with the actual color(s) of the items. How color is represented depends on the settings of the user’s computer. Obvious errors or mistakes in the offer are not binding to La Terzi.

All offers contain such information such that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:

  • contact details;
  • the price, including taxes;
  • delivery costs, if applicable;
  • the way in which the Agreement will be concluded, and what actions are needed to establish this;
  • whether or not the right of withdrawal is applicable;
  • the form of payment, delivery or performance of the Agreement;
  • the time frame for accepting the offer, or, as the case may be, the time frame within which La Terzi honors the price;
  • if the Agreement is filed after conclusion, how the Consumer can consult it;

the manner in which the Consumer may acquaint him/herself with undesired actions before concluding the contract, and the way the Consumer may correct these actions before the Agreement is concluded.

Article 5 – The Agreement

Subject to the provision in paragraph 4 of this article, the Agreement becomes valid when the Consumer has accepted the offer and fulfilled the conditions stated.

If the Consumer has accepted the offer electronically, La Terzi shall immediately send an electronic confirmation of receipt of the acceptance of the offer. As long as this acceptance has not been confirmed, the Consumer shall be able to repudiate the Agreement.

If the Agreement has been concluded electronically, La Terzi shall implement suitable technical and organizational measures to secure the electronic transfer of data. La Terzi shall be authorized – within the statutory framework – to gather information about the Consumer’s ability to fulfill his/her payment obligations, as well as all facts and factors relevant to concluding the Agreement. If, acting on the results of this investigation, La Terzi has good reason not to conclude the Agreement, it shall be entitled to refuse an order or application, while stating reasons, or to attach special terms to its performance.

Article 6 – Right of withdrawal

When purchasing items, the Consumer has the option of repudiating the Agreement without specifying any reasons for a period of 7 workdays after the delivery of the item to the Consumer. This period starts on the day the items are received by, or on behalf of, the Consumer, this date being recorded by the delivery service.

During this period, the Consumer shall handle the items and packaging with care and shall only unpack or use the items to the extent necessary to judge whether he/she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the items, provided with the original labels still attached and with all delivered accessories and in the original condition and packaging to La Terzi in conformity with La Terzi’s instructions stated at the webshop.

Article 7 – Costs in case of withdrawal

Should the Consumer exercise the right of withdrawal, La Terzi shall charge him/her part of the costs for return shipment. The consumer shall contribute  for the costs for return shipment.
If the Consumer has already paid the purchase price for the item, La Terzi shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

La Terzi can exclude the Consumer’s right of withdrawal only if La Terzi indicates this clearly in the offer or at least in good time before concluding the Agreement.
Exclusion of the right of withdrawal is only possible for items:
that were realized by La Terzi according to the Consumer’s specifications;
that are obviously personal in nature;
that cannot be returned due to their nature (for hygienic reasons, for example).

Article 9 – The price

Subject to changes in price due to changes in VAT rates, the prices of the items provided by La Terzi shall not be raised during the validity period stated in the offer.
The prices indicated in the offer include VAT.

Article 10 – Conformity and Guarantee

La Terzi guarantees that the items comply with the Agreement, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations that applied on the day the Agreement was concluded.

La Terzi does not accept liability, however, for defects which have arisen after delivery of the items as a result of incompetent use or negligence, or which have arisen from changes to the delivered item introduced by the Consumer or a third party. Neither does La Terzi accept liability for any damage cause by these failings.

Article 11 - Delivery and execution

La Terzi shall exercise the best possible care when receiving and processing orders for the items.
The place of delivery is at the address given by the Consumer to La Terzi.
With due observation of the stipulations in Article 4 of these General Terms and Conditions, La Terzi shall make every effort to execute accepted orders within at least 15 business days unless a longer delivery period was specified. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer should be informed of this within 15 business days after he/she placed the order. In such cases, the Consumer is entitled to repudiate the Agreement, for the part of it that cannot be executed, free of charge.
In the event of repudiation under the preceding paragraph, La Terzi shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
If delivering an ordered item turns out to be impossible, La Terzi’s sole obligation shall be to deduct the costs of the item in question from the total costs or to refund these costs.
Unless explicitly agreed otherwise, the risk of loss of and/or damage to items shall remain with La Terzi until the time they are delivered to the Consumer.

Article 12 - Payment

The Consumer should make payment to La Terzi according to the methods indicated in the ordering procedure at the webshop.
La Terzi retains the right to accept only certain types of payment or to deny a transaction if address or creditworthiness checks reveal unacceptable results.
Any amounts still owed by the Consumer after the delivery of the items should be paid by the Consumer within 14 days after the start of the reconsideration period as referred to in Article 6, paragraph 1.
The Consumer has the duty to inform La Terzi promptly of possible inaccuracies in the payment details.
In case of nonpayment on the part of the Consumer (resulting, for example, from reversal or other payment problems), and subject to legal restrictions, La Terzi is entitled to charge the Consumer reasonable administration costs.

Article 13 - Concluding provisions

The Agreement shall be governed by Dutch law. All disputes arising from the Agreement can be submitted solely to the competent court in Utrecht.
Individual deviations, including additions and extensions made to these General Terms and Conditions, are to be laid down in writing between  La Terzi and the Consumer.
The right to make use of special offers and promotional codes shall apply exclusively to one special offer or promotional activity, per person, per order. Vouchers and gift certificates cannot be purchased at a discount. Using multiple special offer and promotional codes in combination is not permitted.