https://www.vellutto.nl

General Terms and Conditions based on model conditions

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 the 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 deviating provisions
   

 

Article 1 - Definitions

In these conditions the following is understood:

• Reflection period: the period within which the consumer can make use of his right of withdrawal; read everything about reflection period.
   

• Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
   

• Day: calendar day;
   

• Duration transaction: 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 data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that makes future consultation and unchanged reproduction of the stored information possible.
   

• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
   

• Model form: the model form for withdrawal made available by the entrepreneur that a consumer can fill in when he wishes to use his right of withdrawal.
   

• Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
   

• Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
   

• Technique for distance communication: means that can be used to conclude a contract, without the consumer and the entrepreneur having come together in the same space at the same time.
   

• General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
   

 

Article 2 - Identity of the entrepreneur

Vellutto
Torenlaan 5B, 1402 AT Bussun, Netherlands [visit by appointment]

E: info@vellutto.nl
Chamber of Commerce (KVK): 98282859
VAT Number: NL005321010b77

EORI-Number: NL1570184279

Bank-IBAN: NL41INGB0113455429

 

Article 3 - Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer.

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 before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and will be sent free of charge as soon as possible at the request of the consumer.

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 terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

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 mutatis mutandis and in case of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that approaches the purpose of the original as closely as possible.

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

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

 

Article 4 - The offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

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

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

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 shipping costs;
   

• the manner in which the agreement will be concluded and which actions are required for this;
   

• 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 rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
   

• whether the contract will be archived after conclusion, and if so, on which it can be consulted by the consumer;
   

• the way in which the consumer, before concluding the contract, can check the information provided by him in the context of the contract and, if desired, correct it;
   

• any other languages in which, in addition to Dutch, the contract can be concluded;
   

• the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically;
   

• the minimum duration of the distance contract in the event of a duration transaction.
   

 

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the 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 agreement.

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

The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as of all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, 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 execution.

The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, with the product or service:

• the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
   

• the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   

• information about guarantees and existing after-sales service;
   

• the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer prior to the execution of the agreement;
   

• the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
   

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

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

 

Article 6 - Right of withdrawal

For delivery of products:

• When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
   

• The right of withdrawal applies only if the product is returned unused, complete with all delivered accessories, and – if reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
   

• Certain products can only be returned if they have not been used or put into operation. In particular, espresso machines and similar devices that must be filled with water or other consumables are not returnable if they have been filled, used or otherwise put into operation by the consumer. This restriction is necessary for reasons of hygiene, safety and product integrity.
   

• When the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receipt of the product. Notification must be made via the model form or another means of communication, such as by email. After the consumer has notified that he wishes to use his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of dispatch.
   

• If the consumer has not notified within the periods mentioned in paragraph 4 that he wishes to use his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.
   

For delivery of services:

• When services are delivered, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.
   

• To make use of his right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest upon delivery.
   

 

Article 7 - Costs in case of withdrawal

1. The consumer shall bear the direct costs of returning the product.
    

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. Refund will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
    

3. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
    

4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal; this must happen before concluding the purchase agreement.
    

 

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
    

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

   • that have been created by the entrepreneur in accordance with the consumer's specifications;
      

   • that are clearly of a personal nature;
      

   • that cannot be returned due to their nature;
      

   • that can spoil or age quickly;
      

   • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
      

   • for individual newspapers and magazines;
      

   • for audio and video recordings and computer software of which the consumer has broken the seal;
      

   • for hygiene products of which the consumer has broken the seal.
      

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

   • relating to accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period;
      

   • the delivery of which has begun with the express consent of the consumer before the reflection period has expired;
      

   • relating to bets and lotteries.
      

 

Article 9 - The price

1. 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 resulting from changes in VAT rates.
    

2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This binding to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
    

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

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    

   • they are the result of legal regulations or provisions; or
      

   • the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
      

5. The prices stated in the offer of products or services include VAT.
    

6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
    

 

Article 10 - Conformity and warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
    

2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
    

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.
    

4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
    

5. The warranty does not apply if:
    

   • the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
      

   • the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or treated contrary to the instructions of the entrepreneur and/or on the packaging;
      

   • the defectiveness is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
      

 

Article 11 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
    

2. The place of delivery is the address that the consumer has made known to the company.
    

3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this at the latest 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
    

4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
    

5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
    

6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. At the latest at the time of delivery it will be clearly and comprehensibly stated that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
    

7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and to the entrepreneur known representative, unless expressly agreed otherwise.
    

 

Article 12 - Duration transactions: duration, termination and renewal

Termination

1. The consumer can terminate a contract that has been entered into for an indefinite period and that aims at the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of at most one month.
    

2. The consumer can terminate a contract that has been entered into for a fixed period and that aims at the regular delivery of products (including electricity) or services at any time at the end of the fixed duration, subject to agreed termination rules and a notice period of at most one month.
    

3. 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 specific period;
      

   • at least in the same way as they were entered into by him;
      

   • always with the same notice period as the entrepreneur has stipulated for himself.
      

Renewal

1. A contract that has been entered into for a fixed period and that aims at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
    

2. Contrary to the previous paragraph, a contract that has been entered into for a fixed period and that aims at the regular delivery of daily, news- and weekly newspapers and magazines may be tacitly extended for a fixed period of a maximum of three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of at most one month.
    

3. A contract that has been entered into for a fixed period and that aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month and with a notice period of at most three months in the case the agreement aims at the regular, but less than once a month, delivery of daily, news- and weekly newspapers and magazines.
    

4. A contract with limited duration for the regular delivery of daily, news- and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
    

Duration

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

 

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 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 agreement.
    

2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
    

3. In case of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously made known to the consumer.
    

 

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 execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months 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 respond within 14 days with a notice 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 the dispute settlement procedure.
    

5. In case of complaints, a consumer must first turn to the entrepreneur. The webshop is currently not affiliated with a quality mark with a dispute committee.
    

6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
    

7. If a complaint is found justified by the entrepreneur, the entrepreneur will, at its choice, replace or repair the delivered products free of charge.
    

 

Article 15 - Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.
    

2. The Vienna Sales Convention does not apply.
    

 

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable data carrier in an accessible manner.