Terms and Conditions
Article 1 - Definitions In these terms and conditions, the following terms shall have the following meanings:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are delivered by Boretti or by a third party on the basis of an agreement between that third party and Boretti;
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital Content: data produced and delivered in digital form;
Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time;
Durable medium: every tool - including e-mail - which enables the consumer or Boretti to store information which is addressed to him personally, in a way that allows future consultation or use during a period which is tailored to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information;
Right of withdrawal: the possibility of the consumer to waive the distance contract within the cooling-off period;
Entrepreneur (here: Boretti): the natural or legal person and products, (access to) digital content and / or services remotely offers to consumers;
Distance contract: an agreement that is concluded between Boretti and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication;
Model form for withdrawal: model form for withdrawal, need not be made available if the consumer does not have a right of withdrawal with respect to his order;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and Boretti having to be together in the same room at the same time.
Article 2 - Identity of the entrepreneur
Boretti B.V. trading under the name: Boretti
1046 AA Amsterdam
Phone number: 020-4363439
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 36051812
Article 3 - Applicability
These general conditions apply to any offer from Boretti and any agreement reached at a distance between Boretti and consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, Boretti will indicate, before the remote agreement is concluded, how the general conditions can be viewed at Boretti and that they will be sent free of charge to the consumer as soon as possible, at the consumer's request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another way.
In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer can always rely on the applicable provision that is most favorable to him in case of conflicting conditions.
Article 4 - The offer
If an offer has a limited duration or is made subject to conditions, this shall be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If Boretti uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer will not bind Boretti.
Each offer contains such information, that it is clear to the consumer what his rights and obligations are.
Article 5 - The agreement
The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Boretti, the consumer may dissolve the contract.
If the agreement is created electronically, Boretti will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, Boretti will observe appropriate security measures.
Boretti may, within the limits of the law - inform whether the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Boretti has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
Boretti will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
the visiting address of the trader's business establishment where the consumer can lodge complaints;
the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
if the consumer has a right of withdrawal, the model form for withdrawal.
In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
In case of products:
The consumer can dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. Boretti may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Boretti may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
The consumer may terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement. Extended cooling off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
If Boretti has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If Boretti has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received this information.
Article 7 - Obligations of the consumer during the reflection period
During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, features and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if Boretti has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he shall notify Boretti within the cooling-off period by means of the model form for withdrawal or in any other unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) Boretti. This is not necessary if Boretti has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Boretti.
Boretti reserves the right to only handle products in new condition and undamaged packaging.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct cost of returning the product.
If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity shall begin during the withdrawal period, the consumer shall owe Boretti an amount which is proportionate to that part of the commitment which has been fulfilled by Boretti at the time of withdrawal, compared to the full performance of the commitment.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or to supply district heating, if:
Boretti has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in the event of withdrawal or the model form for withdrawal, or;
the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
The consumer shall not bear any cost for the full or partial delivery of digital content not delivered on a tangible medium if:
he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period prior to its delivery;
he has not acknowledged losing his right of withdrawal when giving his consent; or
the trader has failed to confirm this declaration by the consumer.
10. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
If Boretti makes the notification of withdrawal by the consumer possible electronically, he will send an acknowledgement of receipt of this notification without delay.
Article 10 - Exclusion of right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:
Products or services of which the price is linked to fluctuations on the financial market over which Boretti has no influence and which can occur within the withdrawal period.
Contracts concluded during a public auction. A public auction is a method of sale whereby products, digital content and/or services are offered by the operator to the consumer who is present in person or has the possibility to be present in person at the auction, led by an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services.
Service contracts, after full performance of the service, but only if:
the performance has begun with the consumer's express prior consent; and
the consumer has declared that he loses his right of withdrawal once Boretti has completely executed the contract;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a certain date or period of performance;
Products made to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that after delivery by their nature are irrevocably mixed with other products;
The delivery of digital content other than on a tangible medium, but only if:
the execution has started with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal once Boretti has completely executed the contract;
Article 11 - The price
During the validity period mentioned in the offer, the prices of the products and / or services are not increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, Boretti may offer products or services whose prices are subject to fluctuations in the financial market and over which Boretti has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if Boretti has stipulated it and:
they are the result of statutory regulations or provisions; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect;
The prices mentioned in the offer of products or services include VAT.
Article 12 - Fulfilment of contract and additional guarantee
Boretti guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, Boretti also ensures that the product is suitable for other than normal use.
An additional guarantee provided by Boretti, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against Boretti if Boretti has failed to fulfill his part of the agreement.
By additional guarantee is meant any commitment of Boretti, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.
Article 13 - Delivery and execution
Boretti will take the greatest possible care when receiving and in the execution of orders of products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to Boretti.
Subject to what is stated in Article 4 of these general conditions, Boretti will accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
After dissolution in accordance with the previous paragraph, Boretti will refund the consumer the amount paid without delay.
The risk of damage and/or loss of products rests with Boretti up to the moment of delivery to the consumer or a previously designated and announced to Boretti representative, unless otherwise expressly agreed.
Article 15 - Payment
Insofar as not determined otherwise in the agreement, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of a contract to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service (s) before the stipulated prepayment has taken place.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to Boretti.
If the consumer does not meet his payment obligation(s) on time, he shall, after being notified by Boretti of the late payment and after Boretti has given the consumer a period of 14 days to meet his payment obligations as yet, after failing to make payment within this 14-day period, owe the statutory interest on the amount due and Boretti is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the following € 2500 and 5% on the following € 5000, with a minimum of € 40. The proprietor may depart from the amounts and percentages stated for the benefit of the consumer.
Article 16 - Complaints procedure
Boretti has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to Boretti within a reasonable time after the consumer has found the defects, fully and clearly described.
Complaints submitted to Boretti shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, Boretti will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
The consumer should give Boretti at least 4 weeks to resolve the complaint in mutual agreement. After this period a dispute arises that is subject to the dispute resolution procedure.
Article 17 - Disputes
On agreements between Boretti and the consumer to which these general conditions relate, only Dutch law applies.
Disputes between the consumer and Boretti about the conclusion or execution of contracts related to products and services to be delivered or that have been delivered by Boretti can be submitted to the competent district court in Amsterdam, with due observance of the provisions set out below.
A dispute will only be taken into consideration by Boretti if the consumer has first submitted his complaint to Boretti within a reasonable time.
Article 18 - Additional or different provisions
Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.
Article 19 - Amendments to the general conditions
Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favourable for the consumer shall prevail.
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