Terms and Conditions - All Italian

On this page

• Article 1 - Definitions
• Article 2 - Identity of All Italian
• Article 3 - Applicability
• Article 4 - The offer
• Article 5 - The Agreement
• Article 6 - Right of withdrawal
• Article 7 - Obligations of the consumer during the reflection period
• Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
• Article 9 - Obligations of All Italian upon withdrawal
• Article 10 - Exclusion of right of withdrawal
• Article 11 - The price
• Article 12 - Compliance and additional warranty
• Article 13 - Delivery and performance
• Article 14 - Duration Transactions: Duration, Termination and Renewal
• Article 15 - Payment
• Article 16 - Complaints procedure
• Article 17 - Disputes
• Article 18 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Alle italian or by a third party on the basis of an agreement between the third and All Italian;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between Alle italiano and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement. becomes of one or more distance communication techniques;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I need not be made available if the consumer has no right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to come together in the same room at the same time.

h2 id="terms-2"> Article 2 - Identity of All Italian

All Italian / Alle Italiaanse
www.alleitaliaanse.nl
Dutch Chamber of Commerce (KvK): 78721865

Article 3 - Applicability

1. These general terms and conditions apply to every offer from All Italian and to every distance contract concluded between entrepreneur and 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, Alle italiano will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at Alle italiana and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. .
5. The application of certain delivery or payment conditions or general terms and conditions by the consumer to All Italian is explicitly rejected.
6. The terms and conditions also apply to a transaction with the consumer when All Italian uses a third party to carry out the transaction.
7. Deviations from or additions to the general terms and conditions during an individual transaction only apply to that specific transaction and have no general validity. They are only valid when confirmed in writing by the consumer and All Italian.
8. If one or more parts of the general terms and conditions are declared partially or completely invalid, the other terms and conditions will continue to apply.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Alle italian uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind All Italian.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
4. Offers and / or quotations prepared by All Italian are without obligation, unless a period for acceptance is part of the offer.
5. All Italian is under no obligation to supply a product at the price stated in an offer if such price is based on a printing or written error or is based on an obvious error.
6. The consumer is not entitled to a lower price if a certain item is offered at a lower price by another sales channel, or another All Italian related company.
7. Pictures, drawings, dimensions and other descriptions of goods sold are as accurate as possible, but not legally binding.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, Alle italiana will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Alle italiana, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, All Italian 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, Alle italian will take appropriate security measures.
4. All Italian can, within legal frameworks - inform themselves 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, All Italian has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
5. At the latest upon delivery of the product, service or digital content to the consumer, all italian will send 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: 
   1. the visiting address of the branch of Alle italian where the consumer can go with complaints;
   2. 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;
   3. the information about warranties and existing after-sales service;
   4. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
   5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;
   6. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

For services and digital content that is not supplied on a material carrier:

1. The consumer can dissolve a service agreement and an agreement for the delivery of digital content that has not been delivered on a material carrier for a minimum period of 14 days without giving reasons. All Italian may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
3. Extended cooling-off period for products, services and digital content that is not supplied on a material carrier if information is not provided about the right of withdrawal:
   1. If All Italian has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
   2. If All Italian has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

1. The consumer is not liable for any reduction in the value of the product if Alle italiano has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercising the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he will report this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to Alle italian. 
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Alle italian. This is not necessary if All Italian has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Alle italian.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If Alle italiano has not stated that the consumer must bear these costs or if Alle italiana indicates that it will bear the costs itself, the consumer does not have to bear the costs for the return.
6. If the consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water or electricity not made ready for sale commence in a limited volume or certain quantity during the cooling-off period, the consumer is All Italian a amount due that is proportional to that part of the commitment fulfilled by Alle italiana at the time of withdrawal, compared to the full performance of the commitment. 
7. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
   1. prior to delivery, he has not expressly agreed to commencing fulfillment of the agreement before the end of the cooling-off period;
   2. he has not acknowledged losing his right of withdrawal when giving his consent; or
   3. All Italian has failed to confirm this consumer statement.
8. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of All Italian upon withdrawal

1. If Alle italian makes the notification of withdrawal by the consumer electronically possible, it will immediately send an acknowledgment of receipt after receipt of this notification.
2. All Italian will reimburse all payments made by the consumer, including any delivery costs charged by All Italian for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Alle italiano offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier. 
3. When the returned items are part of the order and items are also kept, only the amount of this item will be refunded.
4. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
5. All Italian uses the same payment method used by the consumer for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
6. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Alle italiana does not have to reimburse the additional costs for the more expensive method.
7. The detailed information about shipping by All Italian and the return procedure is included in the shipping and return policy.
8. The detailed information about shipping by All Italian and the return procedure is included in the "Appendix I: Model withdrawal form" of this document.

Article 10 - Exclusion of right of withdrawal

1. Alle Italian can exclude the following products and services from the right of withdrawal, but only if Alle Italian has clearly stated this in the offer, at least in time for the conclusion of the agreement:
   1. Products or services whose price is subject to fluctuations in the financial market over which Alle italiana has no influence and which may occur within the withdrawal period;
   2. Agreements concluded during a public auction. A public auction is understood to mean a method of sale whereby products, digital content and/or services are offered by Alle italiana to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
   3. Service agreements, after full performance of the service, but only if:
      1. the performance has begun with the express prior consent of the consumer; and
      2. the consumer has declared that he will lose his right of withdrawal as soon as Alle italiano has fully performed the contract;
   4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
   5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
   6. Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
   7. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
   8. Products that spoil quickly or have a limited shelf life;
   9. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
   10. Products that are irrevocably mixed with other products after delivery due to their nature;
   11. Alcoholic beverages, the price of which was agreed upon when the contract was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which Alle italiana has no influence;
   12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
   13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
   14. The delivery of digital content other than on a tangible medium, but only if:
       1. the performance has begun with the express prior consent of the consumer; and
       2. the consumer has stated that he thereby loses his right of withdrawal.

Article 11 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, All Italian can offer products or services whose prices are subject to fluctuations in the financial market and on which All Italian has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are 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 statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Alle italian has stipulated this and: 
   1. they are the result of legal regulations or provisions; or
   2. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and additional guarantee 

1. All Italian 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 legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, All Italian also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by All Italian, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against All Italian under the agreement if All Italian has failed to fulfill its part of the agreement.
3. An additional guarantee is understood to mean any commitment by All Italian, its supplier, importer or producer in which it assigns certain rights or claims to the consumer that go beyond what is legally required in the event that it has failed to fulfill its part of the agreement. .

Article 13 - Delivery and service

1. All Italian will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to Alle italiana.
3. With due observance of what is stated in article 4 of these general terms and conditions, all Italian accepted orders will be executed expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, Alle italiana will immediately refund the amount that the consumer has paid.
5. Terms of delivery as indicated by All Italian should not be considered absolute. In case a delivery is delayed by a reasonable amount of time and is not the fault of Alle italiano, the consumer cannot claim any compensation.
6. The risk of damage and/or loss of products rests with Alle italian until the moment of delivery to the consumer or a pre-designated representative made known to Alle italian, unless expressly agreed otherwise.
7. If Alle italian is liable for compensation for a delay in delivery then the maximum amount due is the profit that Alle italian would make on the product in question. All Italian will never be liable for loss of profits, losses, costs or immaterial damages such as emotional or stagnation.
8. If ordering an ordered product is no longer possible, Alle italiana will make every effort to deliver a replacement product. The consumer is informed that the delivered product is a replacement. The consumer has the right to dissolve the purchase of the product if the consumer does not want a replacement product.

Article 14 - Duration transactions: duration, cancellation and renewal

Cancellation:

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of at least maximum one month.
3. The consumer can use the agreements referred to in the previous paragraphs:
   1. cancel at any time and not be limited to cancellation at a specific time or in a specific period;
   2. at least cancel in the same way as they have been entered into by him;
   3. always cancel with the same notice period as Alle italiana has stipulated for itself.

Extension:

1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has signed this extended agreement against at the end of the extension can cancel with a notice period of no more than one month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. 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 at the end of the trial or introductory period.

Duration:

1. 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 oppose termination before the end of the agreed term.

Article 15 - Payment

1. The aim is that all goods sold by All Italian are paid for by the consumer before delivery, unless expressly agreed otherwise by both parties.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to Alle italian.
4. If the consumer does not meet his payment obligation(s) in time, after he has been informed by Alle italiaanse of the late payment and Alle italian has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be due on the amount still owed and All Italian will be entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. All Italian may deviate from the stated amounts and percentages to the benefit of the consumer.
5. The seller has the right of possession of the goods purchased by the consumer until payment has been made.

Article 16 - Complaints procedure

1. All Italian have a sufficiently publicized complaints procedure and handle the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to Alle italiano within a reasonable time after the consumer has discovered the defects.
3. All complaints submitted in Italy will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Alle italian will respond within the period of 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must give All Italian at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first turn to Alle italian. If the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution has not yet been reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint by the consumer of clearly visible shortcomings or damage to delivered goods is only valid when the consumer has described these shortcomings or damage on the delivery party's receipt or airway invoice or the sender has made a protocol.
7. The burden of proof that the delivered goods do not correspond to what has been agreed lies with the consumer.
8. Complaints reported by the consumer, after which it appears that the consumer or a third party has made changes to the delivered goods, will be declared unfounded. With this, the consumer's right to cancellation or to a claim for compensation expires.
9. Complaints made within 14 days are not considered at all when a third party has made changes or repairs to the delivered goods.

Article 17 - Disputes

1. Only Dutch law applies to agreements between All Italian and the consumer to which these general terms and conditions apply.
2. Disputes that may arise between Alle italian and the consumer will be submitted to the competent court of the Court of Haarlem.
3. Seller's liability shall be waived in case of lack of jurisdiction, in which case due to temporary or final inability to deliver, seller shall be entitled to cancel the contract in whole or in part.
4. All Italian is never liable for damage or wear and tear caused by use of sold goods.
5. In any case, the seller's liability will be limited to a maximum of 100% of the receipt amount. The seller is never liable for loss of profit, loss or expenses, immaterial damage such as emotional or stagnation for the consumer.
6. All Italian is not liable for damage caused by the failure of software, including the presence of a virus, unless the damage is caused by the seller or one of its employees by purpose or gross negligence.

Article 18 – Circumstances beyond Alle italiana's control.

1. Circumstances beyond the control means: Any situation in which the seller is unable to perform its obligations due to a situation beyond the seller's control and the seller may be held liable based on laws or warranties.
2. If after an appointment it appears that delivery by the seller will be difficult or limited due to unattended circumstances, the seller has the right to cancel the contract or postpone delivery, in which case the seller will inform the consumer as soon as possible, depending on the circumstances.
3. Conditions beyond control, if not already clear from point 1, notably war, threat of war, civil war, riots, disease, natural disaster, new laws affecting imports, new laws affecting supply of parts, materials, raw materials, semi-manufacturing, transportation problems, including traffic jams, strikes or labor unrest, interruption of energy supply, fire and other disruptions at All Italian or at its suppliers. It is also explicitly stated that the suppliers of All Italian do not deliver.
4. In case of uncontrollable circumstances and in case of non-performance by Alle italian, Alle italian has the right to postpone the delivery until the circumstances have changed or if the delivery has not yet taken place to cancel the agreement without being liable for any compensation as described in article 78 in book 6 of the Dutch Civil Code.
5. All Italian can not be held responsible if the import of goods does not comply with the legislation of the importing country. This risk is borne by the consumer.
    

Article 19 - Additional or deviating provisions

1. Additional or deviating provisions 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 in an accessible manner on a durable data carrier.

 

Annex I: Model withdrawal form

Model withdrawal form

(only fill in and return this form if you want to cancel the contract)

At:
All Italian
ask [@] alleitaliaanse.nl 

Subject:
Returning Digital Products

I/We* share(s)* hereby informing you that I/We* concerning our agreement
the sale of the following products: [description of product]*
revoked/revoked*

Ordered on*/received on* [date of order for services or receipt for products]

[Name of consumer(s)]

[Address consumer(s)]

[Signature consumer(s)] (only if this form is submitted on paper)