General terms and conditions
Article 1 - Definitions
In these conditions, the following definitions shall apply:
‘Withdrawal period’ means the period within which the consumer may exercise his right of withdrawal
‘Consumer’ means the natural person who is not acting in the exercise of a profession or business entering into a distance contract with the entrepreneur
Day: calendar day;
‘Duration transaction’ means a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time
‘Durable medium’ means any instrument which enables the consumer or the trader to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the information stored
‘Right of withdrawal’ means the possibility for the consumer to cancel the distance contract within the withdrawal period
‘Entrepreneur’ means a natural or legal person who offers products and/or services to consumers at a distance
‘Distance contract’ means a contract where, in the context of a system organised by the entrepreneur for the distance marketing of products and/or services, exclusive use is made, until the conclusion of the contract, of one or more means of distance communication
‘Means of distance communication’ means means that can be used to conclude a contract, without the consumer and the entrepreneur being together in the same room at the same time
General conditions: the current general conditions of the entrepreneur
Article 2 - Identity of the entrepreneur
Name of the company: Calafiori Exclusive
Chamber of Commerce number:93853904
Momsregistreringsnummer: NL005048298B94
Customer service email: support@calafiori-exclusive.com
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be stated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded by electronic means, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge upon the consumer's request.
If specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partly invalid or void, the agreement and these general terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that corresponds as far as possible to the meaning of the original.
Situations not covered by these general terms and conditions shall be assessed "in accordance with the spirit" of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in accordance with the spirit" of these general terms and conditions.
Article 4 - The offer
Where an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.
The offer is non-binding. The entrepreneur has the right to change and adapt the offer.
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 correct assessment of the offer. If the trader 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.
All images, specifications data in the offer are indicative and can not be a reason for replacement or cancellation of the agreement.
Images accompanying products are a true representation of the products offered. The operator cannot guarantee that the colours shown correspond exactly to the real colours of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to:
the price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will use the special regime for postal and courier services with regard to imports. This scheme applies if the goods are imported into the country of destination within the EU, which is the case in this instance. The postal and/or courier service will collect the VAT (whether collected together with the customs clearance fees or not) from the recipient of the goods
any freight charges;
the way in which the contract will be concluded and the steps necessary for this
whether or not the right of withdrawal applies;
the method of payment, delivery and fulfilment of the contract
the period for accepting the offer, or the period within which the contractor guarantees the price;
the amount of the fee for distance communication if the cost of using the means of distance communication is calculated on a basis other than the usual basic fee for the means of communication used;
whether the contract is archived after it has been concluded and, if so, how the consumer can access it
the means by which the consumer may, before the conclusion of the contract, verify the particulars supplied by him under the contract and, if he so wishes, correct them
any other language in which the contract, other than Dutch, may be concluded
the codes of conduct to which the trader has subscribed and the way in which the consumer can consult those codes of conduct electronically; and
the minimum duration of the distance contract for a transaction with a duration.
Optional: available sizes, colours, type of materials.
Article 5 - The contract
Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions set out in it.
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 entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur can - within the legal framework - inform himself whether the consumer is able to fulfil his payment obligations, as well as about all the facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he has the right to refuse an order or application or to attach special conditions to its execution, while giving reasons.
The trader will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
the address of the trader's premises to which the consumer may address a complaint
the conditions and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded
information on guarantees and existing after-sales services
the information included in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the contract is performed;
the requirements for cancelling the contract if the contract has a duration of more than one year or is indefinite.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Each contract is concluded under suspensive conditions on sufficient availability of the relevant products.
Article 6 - Right of cancellation
When purchasing products, the consumer has the possibility to dissolve the contract without giving reasons for 14 days. This cooling-off period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all the accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the trader of this within 14 days of receipt of the product. The consumer should notify this by a written message/email. After the consumer has notified that he wants to exercise his right of withdrawal, he must return the goods within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of a dispatch note.
If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs of withdrawal
If the consumer exercises his right of withdrawal, the consumer will bear the cost of returning the products.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for products described in points 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 the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
1. which are made by the entrepreneur in accordance with the consumer's specifications;
2. which are clearly personal in nature;
3. which cannot be returned due to their nature;
4. which can be destroyed or age quickly;
5. whose price is subject to fluctuations on the financial market over which the trader has no influence;
6. for individual newspapers and magazines;
7. for sound and image recordings and computer programs whose seals have been broken by the consumer.
8. for hygiene products whose seals have been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
1. for accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period
2. the supply of which has begun with the consumer's express consent before the cancellation period has expired;
3. on betting and lotteries.
Article 9 - Price
During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the contractor may offer products or services whose prices are subject to fluctuations on the financial market that are beyond the contractor's control, with variable prices. This link to fluctuations and the fact that all prices quoted are target prices shall be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only allowed if they result from legal provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only allowed if the contractor has established it and:
1. they are required by law or regulation; or
2. the consumer has the right to cancel the contract from the date on which the price increase takes effect.
According to Section 5(1) of the Sales Tax Act 1968, the place of supply is in the country where the transport begins. In the present case, the delivery takes place outside the EU, after which the postal or courier company will collect import VAT or customs clearance fees from the customer. Consequently, no VAT will be charged by the contractor.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and warranty
The contractor guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, the contractor also guarantees that the product is suitable for other than normal use.
A guarantee provided by the contractor, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the contractor on the basis of the contract.
Any defective or misdelivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never liable for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the contractor's instructions and/or treated on the packaging;
The defect is wholly or partly the consequence of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.
Article 11 - Delivery and fulfilment
The entrepreneur will take the greatest possible care in receiving and executing orders for products.
The place of delivery is the address communicated to the company by the consumer.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with the appropriate speed but within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to cancel the contract without costs and the right to possible damages.
In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.
If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. With replacement items, the right of cancellation cannot be excluded. The costs of any return shipping shall be borne by the contractor.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously appointed and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and renewal
Cancellation
The consumer may terminate an open-ended contract concluded for the regular supply of products (including electricity) or services at any time, subject to agreed cancellation rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed-term period, subject to agreed cancellation rules and a notice period not exceeding one month.
The consumer may modify the contracts mentioned in the previous paragraphs:
terminate them at any time and not be limited to termination at a specific time or during a specific period
at least terminate them in the same way as they were initiated by him;
always with the same period of notice that the contractor has set for himself.
Renewal
A fixed-term contract for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous subparagraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and periodicals may be tacitly renewed for a fixed period not exceeding three months, provided that the consumer may terminate the renewed contract at the end of the renewal period by giving not more than one month's notice.
A fixed-term contract concluded for the regular supply of goods or services may be renewed by tacit consent for an indefinite period only if the consumer may terminate the contract at any time by giving a period of notice not exceeding one month and a period of notice not exceeding three months if the contract is for the regular supply of daily or weekly newspapers and periodicals, but less than once a month.
A fixed-term contract for the regular supply of daily or weekly newspapers and periodicals by way of introduction (trial or introductory subscription) is not tacitly renewed and automatically terminates at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year, giving a maximum of one month's notice, unless it is reasonable and fair to terminate the contract before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days from the beginning of the period for reflection referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
The consumer is obliged to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
In the event of non-payment by the Consumer, subject to legal restrictions, the Entrepreneur is entitled to charge the reasonable costs known in advance to the Consumer.
Article 14 - Complaints procedure
Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the shortcomings.
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 respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which may be subject to dispute resolution.
A complaint does not cancel the operator's obligations unless the operator indicates otherwise in writing.
If the operator considers the complaint to be valid, the operator will, at its discretion, either replace or repair the products supplied free of charge.
Article 15 - Disputes
Agreements between the entrepreneur and the consumer to which these general conditions relate are exclusively governed by Dutch law. Even if the consumer is resident abroad.
Article 16 - CESOP
Due to the measures introduced and tightened as of 2024 regarding the ‘Amendment to the Turnover Tax Act 1968 (Payments Service Providers Directive Implementation Act)’ and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers can register data in the European CESOP system.