Terms and Conditions

Article 1 – Definitions

In these terms, the following definitions apply:

Reflection Period: the period within which the consumer may exercise their right of withdrawal;

Consumer: a natural person not acting in the exercise of a profession or business who enters into a remote agreement with the entrepreneur;

Day: calendar day;

Continuous Transaction: a remote agreement for a series of products and/or services, where the supply and/or purchase obligation is spread over time;

Durable Data Carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to them, in a way that allows future access and unaltered reproduction of the stored information.

Right of Withdrawal: the consumer's option to cancel the remote agreement within the reflection period;

Entrepreneur: a natural or legal person offering products and/or services to consumers at a distance;

Remote Agreement: an agreement where, as part of a system for distance selling of products and/or services organized by the entrepreneur, only one or more remote communication techniques are used until the agreement is concluded;

Remote Communication Technique: a means that can be used for concluding an agreement without the consumer and entrepreneur being in the same place simultaneously.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company Name: Giovanni Verdi

Chamber of Commerce Number:

Trade Name: Giovanni Verdi

VAT Number:

Customer Service Email: info@Giovanniverdi.nl

Business Address:

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to any remote agreement and order concluded between the entrepreneur and the consumer.

Before the remote agreement 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 remote agreement is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge upon request by the consumer.

If the remote agreement is concluded electronically, then in deviation from the previous paragraph, and before the remote agreement is concluded, the text of these general terms and conditions may be provided to the consumer electronically in a manner that allows the consumer to store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the remote agreement 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 conditions apply alongside these general terms and conditions, the second and third paragraphs of this article apply similarly, and in the event of conflicting conditions, the consumer may invoke the provision most favorable to them.

Should one or more provisions in these general terms and conditions at any time be wholly or partially void or annulled, the agreement and these terms and conditions will remain otherwise in effect, and the relevant provision will be immediately replaced in mutual consultation by a provision that approximates the original in scope as much as possible.

Situations not regulated by these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions in these terms should be explained "in the spirit" of these general terms and conditions.

Article 4 – The Offer

If an offer is subject to limited validity or is conditional, this will be explicitly stated in the offer.

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

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper evaluation of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for damages or dissolution of the agreement.

Product images are a true representation of the offered products. However, the entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.

Every offer contains sufficient information to clarify the rights and obligations involved in accepting the offer, especially:

  • The price, excluding customs duties and import VAT, which are the customer's responsibility. The postal or courier service will collect VAT (and/or clearance fees) upon delivery in the EU country of destination, which applies to this case. The postal or courier service collects VAT from the recipient of the goods.
  • Any shipping costs;
  • The manner in which the agreement will be concluded and the steps needed for this;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, and execution of the agreement;
  • The acceptance period for the offer, or the period within which the entrepreneur guarantees the price;
  • The level of the rate for remote communication if the cost of using the remote communication technique is calculated on a basis other than the regular base rate for the used communication method;
  • Whether the agreement will be archived after conclusion and, if so, in what way it can be accessed by the consumer;
  • The manner in which the consumer, before concluding the agreement, can check and if necessary correct the data they provided as part of the agreement;
  • The languages, other than Dutch, in which the agreement may be concluded;
  • The codes of conduct to which the entrepreneur has committed and the way the consumer can consult these codes electronically;
  • The minimum duration of the remote agreement in the event of a continuous transaction.

Optional: available sizes, colors, material types.

Article 5 – The Agreement

The agreement is established, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, Giovanni Verdi will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by Giovanni Verdi, the consumer can dissolve the agreement.

If the agreement is concluded electronically, Giovanni Verdi will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Giovanni Verdi will observe appropriate security measures.

Within legal frameworks, Giovanni Verdi may obtain information on whether the consumer can meet their payment obligations, as well as on facts and factors that are important for responsible distance contracting. If Giovanni Verdi has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with a justified reason or to attach special conditions to the execution.

Giovanni Verdi will include the following information with the product or service, either in writing or in a way that the consumer can store it on a durable data carrier in an accessible manner:

  • The address of Giovanni Verdi’s business location where the consumer can submit complaints;
  • The conditions and method by which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
  • Information on guarantees and existing after-sales services;
  • The information included in Article 4, paragraph 3 of these terms and conditions, unless Giovanni Verdi has already provided this information to the consumer prior to the execution of the agreement;
  • The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

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

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

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This cooling-off period begins the day after the consumer or a previously designated representative receives the product.

During the cooling-off period, the consumer will handle the product and packaging carefully. The consumer will only unpack or use the product to the extent necessary to determine if they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories, and – if reasonably possible – in its original condition and packaging to Giovanni Verdi, following the reasonable and clear instructions provided by Giovanni Verdi.

If the consumer wishes to use their right of withdrawal, they are required to notify Giovanni Verdi within 14 days after receiving the product by written notice/email. After the consumer has notified Giovanni Verdi of their intention to withdraw, the product must be returned within 14 days. The consumer must prove that the delivered products were returned in time, for example by providing proof of shipment.

If the consumer has not expressed their intention to exercise their right of withdrawal within the terms mentioned in paragraphs 2 and 3, or has not returned the product to Giovanni Verdi, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products are at the consumer's expense.

If the consumer has paid an amount, Giovanni Verdi will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received by Giovanni Verdi or conclusive proof of complete return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

Giovanni Verdi can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if Giovanni Verdi has clearly stated this in the offer, or at least in time before concluding the agreement.

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

  • Produced according to consumer specifications;
  • Clearly personal in nature;
  • That, by their nature, cannot be returned;
  • That can spoil or age quickly;
  • Whose price is subject to fluctuations in the financial market over which Giovanni Verdi has no influence;
  • For individual newspapers and magazines;
  • For audio and video recordings and computer software whose seals have been broken by the consumer;
  • For hygiene products whose seals have been broken by the consumer.

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

  • Concerning accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
  • Whose delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
  • Concerning betting and lotteries.

Article 9 – The Price

During the validity period stated 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.

In deviation from the previous paragraph, Giovanni Verdi may offer products or services at variable prices that are subject to fluctuations in the financial market over which Giovanni Verdi has no influence. This commitment to fluctuations and the fact that any stated prices are target prices will be indicated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if Giovanni Verdi has stipulated this and:

  • They result from legal regulations or provisions; or
  • The consumer has the right to terminate the agreement from the day the price increase takes effect.

The place of delivery is based on Article 5, paragraph 1 of the Dutch VAT Act of 1968, indicating that delivery takes place in the country where the transport originates. In this case, delivery takes place outside the EU. Therefore, import VAT and/or customs clearance fees may be charged by the postal or courier service to the consumer. Consequently, Giovanni Verdi will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, Giovanni Verdi is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

Giovanni Verdi guarantees that the products and/or services meet the agreement, the specifications stated in the offer, reasonable requirements of reliability and usability, and legal provisions and/or government regulations existing at the date of the agreement. If agreed, Giovanni Verdi also guarantees that the product is suitable for other than normal use.

A guarantee provided by Giovanni Verdi, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against Giovanni Verdi based on the agreement.

Any defects or incorrectly delivered products must be reported to Giovanni Verdi in writing within 14 days after delivery. The products must be returned in their original packaging and in new condition.

Giovanni Verdi’s guarantee period corresponds to the manufacturer’s warranty period. Giovanni Verdi is, however, never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice on the use or application of the products.

The guarantee does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have been otherwise carelessly treated or have been handled contrary to Giovanni Verdi’s instructions and/or instructions on the packaging;
  • The defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

Giovanni Verdi will exercise the utmost care when receiving and executing product orders.

The delivery address is the address that the consumer has provided to the company.

With due regard to what is stated in Article 4 of these general terms and conditions, Giovanni Verdi will execute accepted orders promptly 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 or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, Giovanni Verdi will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, Giovanni Verdi will strive to make a replacement article available. The delivery of a replacement article will be clearly communicated no later than at the time of delivery. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of Giovanni Verdi.

The risk of damage and/or loss of products rests with Giovanni Verdi until the moment of delivery to the consumer or a representative designated in advance and made known to Giovanni Verdi, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Termination and Renewal

Termination

The consumer may terminate an open-ended agreement that includes regular delivery of products (including electricity) or services at any time, with due observance of agreed termination rules and a maximum notice period of one month.

The consumer may terminate a fixed-term agreement that includes regular delivery of products (including electricity) or services at any time at the end of the specified term, with due observance of agreed termination rules and a maximum notice period of one month.

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

  • At any time and is not limited to termination at a specific time or in a certain period;
  • At least terminate in the same manner as they were entered into;
  • Always terminate with the same notice period that Giovanni Verdi has stipulated for itself.

Renewal

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

In deviation from the previous paragraph, a fixed-term agreement that includes regular delivery of daily, news, and weekly magazines and periodicals may be tacitly extended for a maximum duration of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement that includes regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case of an agreement that includes regular, but less than once-a-month, delivery of daily, news, and weekly magazines and periodicals.

A limited-duration agreement for the regular delivery of daily, news, and weekly magazines and periodicals (trial or introductory subscription) will not be automatically continued and ends automatically 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 dictate against termination before the end of the agreed term.

Article 13 – Payment

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

The consumer is obliged to report inaccuracies in payment data provided or stated to Giovanni Verdi without delay.

In case of non-payment by the consumer, and subject to legal restrictions, Giovanni Verdi is entitled to charge the consumer reasonable costs, provided these have been disclosed in advance to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to Giovanni Verdi fully and clearly described within 7 days after the consumer has identified the defects.

Complaints submitted to Giovanni Verdi will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Giovanni Verdi will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend Giovanni Verdi’s obligations unless Giovanni Verdi states otherwise in writing.

If a complaint is found to be justified by Giovanni Verdi, Giovanni Verdi will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between Giovanni Verdi and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.