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Terms and Conditions:

 

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - Price

Article 10 - Conformity and warranty

Article 11 - Delivery and implementation

Article 12 - Duration Trades: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or different terms


Article 1 - Definitions
In these terms and conditions shall apply:
1. Grace period: The period within which the consumer can exercise his right of withdrawal;
2. Consumer: The natural person who does not act in the exercise of occupation or business and agrees to a contract with the entrepreneur;

3. Day: calendar day;

4. Duration transaction: a distance agreement with respect to a range of products and / or services, whose delivery and / or purchase obligation has been spread over time;

5. Sustainable data carrier: Any means that allows the consumer or entrepreneur to store information that is personalized to him in a way that allows future consultation and unchanged reproduction of the stored information.

6. Right of withdrawal: The possibility for the consumer to refrain from the distance agreement within the concealment period;

7. Model Form: The Model Form for Revocation that provides the Entrepreneur who can fill a consumer when he wishes to use his right of withdrawal.

8. Entrepreneur: The natural or legal person who offers products and / or services at a distance to consumers;

9. Remote agreement: an agreement whereby only one or more remote communication techniques are used in the context of an enterprise-based system for distance selling of products and / or services, until the conclusion of the agreement.

10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.

11. Terms and Conditions: The present Terms and Conditions of the Entrepreneur.

 

Article 2 - Identity of the entrepreneur
Italricambi (part of La Scuderia)

Maxwellstraat 11

1704 SG in Heerhugowaard

Phone number: 072-5727271 (Warehouse)

E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Chamber of Commerce: 55934986

VAT identification number: 851914202B01

 

Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.

2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement is concluded on a remote basis, it is indicated that the terms and conditions of the entrepreneur will be shown and sent free of charge at the request of the consumer as soon as possible.

3. If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.

4. In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him is.

5. If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the agreement and these conditions remain intact and the stipulation in question will be replaced by a provision that the scope of the original approached as much as possible.

6. Situations not governed by these terms and conditions must be evaluated "to the mind" of these terms and conditions.

7. Lack of clarity about the explanation or content of one or more provisions of our conditions, should be explained 'in the spirit' of these general conditions.


Article 4 - The offer
1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.

2. The offer is free of charge. The entrepreneur is entitled to change and modify the offer.

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

4. All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement.

5. Images on products are a true and fair view of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the true colors of the products.

6. 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:

o the price including taxes;

o any shipping costs;

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

o whether or not the right of withdrawal is applicable;

o the method of payment, delivery and implementation of the agreement;

o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

o the level 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 basic rate for the means of communication used;

o whether the agreement will be archived after its conclusion, and if so, how this can be accessed by the consumer;

o the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;

o any other languages ​​in which, in addition to Dutch, the agreement can be concluded;

o the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

o the minimum duration of the distance agreement in the event of an extended transaction.

Article 5 - The contract
1. The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and meet the corresponding conditions.

2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.

3. 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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

4. The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

5. The business owner shall provide the consumer with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the establishment of the business where the consumer can lodge complaints;

b. the conditions under which and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing post-purchase service;

d. the information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;

e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.

6. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.

7. Any agreement is entered into under the suspensive conditions of sufficient availability of the respective products.


Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons during 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.

2. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. When the consumer wishes to withdraw his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receipt of the product. To inform the consumer through the model form. After the consumer has announced that he wishes to withdraw his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in time, for example by means of proof of shipment.

4. If, after the expiry of the periods mentioned in paragraph 2 and 3, the customer has not disclosed the intention of making use of his right of withdrawal or resignation. The product has not returned to the entrepreneur, the purchase is a fact.

5. Upon delivery of services, the consumer has the opportunity to dissolve the agreement without notice for reasons for at least 14 days, starting on the date of entering into the agreement.

6. In order to use his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or appearance at the time of delivery.

 

Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition that the product has already been returned is subject to consultation by the web store or closing proof of complete return.


Article 8 - Exclusion of right of withdrawal
1. The entrepreneur may exclude the consumer's right of withdrawal for products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement.

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

a by the trader in accordance with specifications of the consumer;

b. that are clearly personal in nature;

c. which can not be returned because of their nature;

d. which can quickly deteriorate or expire;

e. whose price depends on fluctuations in the financial market over which the trader has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software that the consumer has broken the seal.

h. for hygienic products whose consumer has broken the seal.

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

a. to perform accommodation, transport, restaurant or leisure activities on a particular date or during a specified period;

b. whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;

c. regarding bets and lotteries.

 

Article 9 - Price
1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.

3. Price increases within 3 months are allowed only after the conclusion of the agreement if they are the result of legislation or regulations.

4. Price increases 3 months after the conclusion of the contract are only allowed if the trader has agreed and:

they are the result of laws or regulations, or

b. the consumer has the power to terminate as of the date the increase takes effect.

5. The prices include VAT mentioned in the supply of products or services.

6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of pressure and error errors. In case of errors and mistakes, the entrepreneur is not obliged to deliver the product according to the wrong price.

 

Article 10 - Conformity and Guarantee
1. The operator guarantees that the products and / or services meet the contract specifications stated 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, the entrepreneur also ensure 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 may apply to the entrepreneur under the agreement.

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within X days/weeks after delivery. The products must be returned in the original packaging and in new condition.

4. The entrepreneur's warranty period corresponds to the factory warranty term. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, or for any advice regarding the use or application of the products.

5. The warranty does not apply if:

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

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

o The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

 

Article 11 - Delivery and implementation
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

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

3. Considering what is stated in paragraph 4 of this article, the company will carry out accepted orders at an expeditious rate, but not later than 30 days, unless consumers have agreed with a longer delivery period. If delivery is delayed, or if an order can not be executed or only partially, the consumer will receive it no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.

4. All delivery terms are indicative. The stipulated time limits can not be deducted from the consumer. Exceeding a term does not entitle the consumer to damages.

5. In case 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 not later than 14 days after dissolution.

6. If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.

7. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

 

Article 12 - Duration Trades: duration, termination and renewal
Termination

1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.

2. The consumer may contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the terminate fixed-term compliance with the applicable termination rules and a notice of more than one month.

3. Consumers can the agreements mentioned in the preceding paragraphs:

o cancel at any time and not be limited to cancellation at a specific time or during a specific period;

o cancel at least in the same way as they are entered into by him;

o Always cancel with the same cancellation period as the entrepreneur has stipulated for himself.

Extension

4. A fixed-term agreement, which involves the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain period of time.

5. Notwithstanding the preceding paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a limited period of up to three months, as consumers against this extended agreement the end of the extension may terminate with a notice period of up to one month.

6. An agreement entered into for a certain period of time and which involves the scheduled delivery of products or services may only be 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 event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. An agreement with a 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

8. If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists termination before the end of the agreed term.

 

Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after commencement of the commencement term referred to in Article 6 member 1. In the event of an agreement to provide a service, this period will commence after the consumer has received the confirmation of the agreement.

2. The consumer is obliged to report immediately to the trader any inaccuracies in data supplied or specified payment.

3. In case of non-payment by the consumer, the entrepreneur has the right to charge the reasonable costs announced to the consumer, subject to legal restrictions.

 

Article 14 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.

2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

3. When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

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

6. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, 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 apply are governed exclusively by Dutch law. Even if the consumer lives abroad.

2. The Vienna Sale Convention does not apply.


Article 16 - Additional or different terms

Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner

Italricambi
Maxwellstraat 9 - 13
1704SG Heerhugowaard
The Netherlands

Call us: +31725314495
Whatsapp: +310657811145