Terms and Conditions – Essenza Tradizionale

https://www.essenzatradizionale.com

Terms and Conditions based on the model conditions of WebwinkelKeur.

Table of Contents

• Article 1 – Definitions
• Article 2 – Identity of the Entrepreneur
• Article 3 – Applicability
• Article 4 – The Offer
• Article 5 – The Agreement
• Article 6 – Right of Withdrawal
• Article 7 – Costs in Case of Withdrawal
• 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: Termination and Renewal
• Article 13 – Payment
• Article 14 – Complaints Procedure
• Article 15 – Disputes
• Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
2. Consumer: a natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur.
3. Day: calendar day.
4. Duration transaction: a distance contract related to a series of products and/or services, the delivery 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 personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.
7. Model form: the withdrawal form provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services to consumers remotely.
9. Distance contract: a contract concluded under an organized system for remote sales of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded.
10. Means of distance communication: a tool that can be used for concluding a contract without the consumer and entrepreneur having to meet in the same space at the same time.
11. Terms and Conditions: these general Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Essenza Tradizionale
Malder 7
5406 CC Uden
The Netherlands
Email: info@essenzatradizionale.com
KVK (Chamber of Commerce): 96948930
VAT Number: NL005239604B90

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the 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, it will be indicated that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request.
3. If the distance contract is concluded electronically, the text of these terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored on a durable medium.
4. If specific product or service conditions apply in addition to these terms and conditions, the consumer can always rely on the provision that is most favorable to them in case of conflicting conditions.
5. If one or more provisions of these terms are null and void or annulled at any time, the remaining provisions remain in force, and the parties will agree on a replacement clause that approximates the intent of the original as closely as possible.
6. Situations not covered by these terms must be assessed "in the spirit" of these terms and conditions.
7. Ambiguities about the explanation or content of one or more provisions shall be interpreted "in the spirit" of these terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
2. The offer is non-binding; the entrepreneur may change or adjust the offer.
3. The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow proper assessment of the offer by the consumer. Images used are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the contract.
5. Product images are a truthful representation of the offered products, but exact color matching cannot be guaranteed.
6. Each offer contains clear information about the consumer’s rights and obligations when accepting the offer, including:The price including taxes;Any shipping costs;The way the agreement will be concluded;Whether the right of withdrawal applies;The method of payment, delivery, and execution;The acceptance period of the offer or the validity period of the price;The cost of distance communication if higher than the standard base rate;Whether the contract will be archived and accessible to the consumer;The technical steps to identify and correct input errors before placing the order;The languages in which the contract can be concluded;Any applicable codes of conduct and where to find them;The minimum duration of a distance contract in case of a continuing performance contract.

Article 5 – The Agreement

1. The agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer accepts the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance electronically.
3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure online environment.
4. The entrepreneur may investigate whether the consumer can fulfill their payment obligations and other relevant facts to responsibly enter into the agreement. If there are valid reasons, the entrepreneur may refuse an order or attach special conditions to its execution.
5. The entrepreneur will send the consumer the following information with the product or service, in writing or on a durable medium:The address of the entrepreneur’s business for complaints;Conditions for exercising the right of withdrawal or information if it is excluded;Information on after-sales service and warranties;A copy of these terms and conditions unless provided earlier;The conditions for termination of long-term contracts.
6. In the case of continuing performance contracts, this only applies to the first delivery.
7. The entrepreneur reserves the right to cancel the contract if products are unavailable.

Article 6 – Right of Withdrawal

For product deliveries:

1. Consumers may cancel the contract within 14 days of receiving the product without giving reasons.
2. During this period, the consumer must handle the product and packaging carefully and only unpack or use it to the extent necessary to determine if they wish to keep it. Returns must include all delivered accessories and, if reasonably possible, the original packaging.
3. Consumers must notify the entrepreneur of their intent to withdraw within 14 days via the withdrawal form or another communication method such as email. Products must then be returned within 14 days after notification.
4. If the consumer does not notify or return the product within the deadlines, the purchase is considered final.

For service deliveries:

1. Consumers may cancel the contract for services within 14 days of the contract date without giving reasons.
2. Consumers must follow the reasonable and clear instructions provided by the entrepreneur to exercise this right.

Article 7 – Costs in Case of Withdrawal

1. The consumer bears the direct cost of returning the product.
2. Any amounts already paid will be refunded within 14 days of withdrawal, provided the product has been returned or proof of return has been supplied.
3. Refunds will be processed using the same payment method unless the consumer agrees otherwise.
4. Consumers are liable for any depreciation caused by improper handling.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for:

• Custom-made products;
• Products that are personal in nature;
• Products that cannot be returned due to their nature;
• Perishable or rapidly aging goods;
• Products with fluctuating market prices;
• Newspapers, magazines, and unsealed audio, video, or software;
• Sealed hygiene products that have been opened.

Article 9 – The Price

1. Prices will not increase during the validity period except due to VAT changes.
2. Variable prices may apply for products influenced by market fluctuations.
3. Price increases within three months are only allowed due to legal regulations.
4. Prices include VAT unless otherwise stated.
5. Typographical or printing errors do not bind the entrepreneur.

Article 10 – Conformity and Warranty

1. Products and services must meet the contract, specifications, reasonable usability, and legal requirements.
2. Any warranty provided does not affect statutory rights.
3. Defects or incorrect deliveries must be reported in writing within two months.
4. Warranty does not apply if products have been misused, repaired by third parties, or exposed to abnormal conditions.

Article 11 – Delivery and Execution

1. The entrepreneur handles orders with the utmost care.
2. Delivery is to the address provided by the consumer.
3. Orders are fulfilled within 30 days unless a longer period is agreed.
4. If delivery is delayed, the consumer will be informed and may cancel the contract without cost.
5. Risk of loss or damage remains with the entrepreneur until delivery.

Article 12 – Duration Transactions

Termination:

• Consumers can terminate indefinite contracts with a one-month notice.
• Fixed-term contracts can be terminated at the end of the agreed period with up to one month’s notice.

Renewal:

• Contracts cannot be renewed automatically for fixed terms longer than three months without explicit consent.

Article 13 – Payment

1. Unless otherwise agreed, amounts due must be paid within 7 working days of the cooling-off period.
2. Consumers must promptly correct any inaccuracies in payment details.
3. In case of non-payment, the entrepreneur may charge reasonable costs.

Article 14 – Complaints Procedure

1. The entrepreneur maintains a clear complaints procedure.
2. Complaints must be submitted within two months after detecting issues.
3. Complaints will be answered within 14 days; complex issues may require more time with notification.
4. Unresolved complaints result in disputes subject to Article 15.

Article 15 – Disputes

1. Dutch law exclusively applies to all agreements.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions may not disadvantage the consumer and must be recorded in writing or on a durable medium.