General terms and conditions

GENERAL TERMS AND CONDITIONS

CONTENTS:

  • Article 1 - Definitions
  • Article 2 - Identity of the economic operator
  • Article 3 - Applicability
  • Article 4 - The offer
  • Article 5 - The Agreement
  • Article 6 - Right of withdrawal
  • Article 7 - Costs in case of revocation
  • Article 8 - Exclusion of right of withdrawal
  • Article 9 - The price
  • Article 10 - Conformity and warranty
  • Article 11 - Delivery and execution
  • Article 12 - Duration transactions: duration, termination and renewal
  • Article 13 - Payment
  • Article 14 - Complaints procedure
  • Article 15 - Disputes
  • Article 16 - Additional or different provisions

 

ARTICLE 1 - DEFINITIONS

For the purposes of these terms and conditions:

  1. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
  5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  8. 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 conclusion of the agreement, exclusive use is made of one or more means of distance communication;
  9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.

 

ARTICLE 2 - IDENTITY OF THE ECONOMIC OPERATOR

Bedrijf: Giordano: adres……Telefoonnummer: +31 20 …….. E-mailadres: [email protected] KvK-nummer: ………….Btw-identificatienummer: ……………Indien de activiteit van de ondernemer is onderworpen aan een relevant vergunningstelsel: de gegevens over de toezichthoudende autoriteit: Indien de ondernemer een gereglementeerd beroep uitoefent:

  • the professional association or organisation of which he is a member;
  • the professional title, the place in the EU or the European Economic Area where it has been awarded;
  • a reference to the professional rules that apply in the Netherlands and instructions as to where and how these professional rules can be accessed.

 

ARTICLE 3 - APPLICABILITY

  1. These General Terms and Conditions apply to any offer made by the Entrepreneur and to any distance contract concluded between the Entrepreneur and the Consumer.
  2. Before the distance contract is concluded, the text of these 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 terms and conditions can be inspected at the operator and they will be sent to the consumer free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these 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 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 viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general 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 contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any costs of delivery;
    • the manner in which the agreement will be concluded and what actions will be necessary for that purpose;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and execution of the agreement;
    • the period for acceptance of 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 means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
    • whether the contract will be archived after its conclusion, and if so, how this can be consulted by the consumer;
    • the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him within the framework of the agreement and, if desired, rectify it;
    • any other languages in which, in addition to Dutch, the agreement may be concluded;
    • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of an endurance transaction.

 

ARTICLE 5 - THE AGREEMENT

  1. The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
  3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - within the legal framework - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the operator has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
  5. The Entrepreneur will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
    1. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
    2. information on warranties and existing after-sales service;
    3. the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data prior to the execution of the agreement;
    4. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
    5. In the case of an enduring transaction, the provision of the previous paragraph shall only apply to the first delivery.

 

ARTICLE 6 - RIGHT OF WITHDRAWAL

On delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a representative appointed by the consumer in advance and made known to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

In case of delivery of services:

  1. When providing services, the consumer has the option of dissolving the agreement without giving any reason to dissolve for at least fourteen days, commencing on the day of entering into the agreement.
  2. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader in the offer and / or at the latest at the time of delivery.

 

ARTICLE 7 - COSTS IN CASE OF REVOCATION

  1. If the consumer makes use of his right of withdrawal, at most the costs of returning the goods shall be borne by him.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

 

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

  1. The trader may exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. established by the trader in accordance with the consumer's specifications;
    2. that are clearly personal in nature;
    3. which, by their nature, cannot be returned;
    4. that can spoil or age quickly;
    5. the price of which is linked to fluctuations in the financial market over which the entrepreneur has no influence;
    6. for individual newspapers and magazines;
    7. for audio and video recordings and computer software of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    1. concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
    2. of which the delivery has started with the express consent of the consumer before the expiration of the cooling-off period;
    3. on betting and lotteries.

 

ARTICLE 9 - THE PRICE

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any listed 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 agreement are only allowed if the entrepreneur has stipulated this and:
    1. they are the result of statutory regulations or provisions; or
    2. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services are inclusive of VAT.

 

ARTICLE 10 - CONFORMITY AND GUARANTEE

  1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.

 

ARTICLE 11 - DELIVERY AND EXECUTION

  1. The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
  2. The place of delivery shall be the address that the consumer has given to the company.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notification of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.
  4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
  5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously appointed and announced representative, unless expressly agreed otherwise.

 

ARTICLE 12 - TRANSACTIONS OF DURATION: DURATION, TERMINATION AND RENEWAL

Termination

  1. The consumer may contract for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, terminate at any time subject to agreed termination rules and a notice of up to one month.
  2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period terminate, subject to agreed termination rules and a notice of up to one month.
  3. The consumer may conclude the contracts referred to in the previous paragraphs:
    • terminate at any time and not be limited to termination at a specific time or in a specific period of time;
    • at least denounce them in the same way as they were entered into by him;
    • always terminate with the same notice as the entrepreneur has stipulated for himself.

Renewal

  1. A contract entered into for a definite period of time for the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period of time.
  2. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer at the end of the extension may terminate the contract with a notice of up to one month.
  3. A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may at any time terminate with a notice of up to one month and a notice of up to three months if the contract is intended to regularly, but less than once a month, deliver daily, news and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.

 

Duration

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.

 

ARTICLE 13 - PAYMENT

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. When a prepayment has been stipulated, the consumer may not assert any rights regarding the implementation of the order or service (s), before the stipulated prepayment has taken place.
  3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
  4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.

 

ARTICLE 14 - COMPLAINTS PROCEDURE

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted within a reasonable time, fully and clearly described to the entrepreneur, 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 answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
  5. De garantietermijn die de ondernemer stelt aan de verkochte goederen bedraagt 6 maanden na ontvangst van de levering. De consument zal binnen deze 6 maanden zijn klacht kenbaar moeten maken via [email protected] De gestelde garantie termijn is alleen van toepassing op producten die via www.giordano.eu besteld zijn. Klachten met betrekking tot producten waarbij de overeenkomst in de winkel heeft plaatsgevonden, moeten worden gecommuniceerd met de winkel van aankoop.
  6. You will receive all returns unwashed and undamaged, without traces of smoke, perfume and etc.

 

ARTICLE 15 - DISPUTES

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.

 

ARTICLE 16 - ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment 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 data carrier.