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Terms and Conditions

TERMS AND CONDITIONS

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

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

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;

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

Distance contract: a contract concluded as part of an organized system for distance selling of products and/or services, where only one or more techniques for distance communication are used up to and including the conclusion of the contract;

Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same space.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.


Article 2 – Identity of the entrepreneur

Onicchi LLP

Company number: OC451397

info@onicchi.com

27 Old Gloucester Street, WC1N 3AX London

+31 6 12 81 74 06


Article 3 – Applicability

These general terms and conditions apply to every offer from 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 are available for inspection 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 electronically, in deviation from 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 easily store them on a durable medium. 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 to the consumer free of charge upon request by electronic means or in another way.


In case that next to these general terms and conditions specific product or service conditions are also applicable, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting general terms and conditions.


If one or more provisions in these general terms and conditions are void or voided at any time in whole or in part, then the agreement and these conditions will remain in force for the rest and the relevant provision will be replaced by mutual agreement as soon 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 terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.


Article 4 – The offer

If an offer has a limited validity 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 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 proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.


All images, specifications, data in the offer are indicative and cannot lead to compensation or termination 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.


Every 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, excluding clearance costs and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to customs clearance. This arrangement applies when the goods are imported into the EU country of destination, which is also the case in this case. The postal and/or courier service collects the VAT (whether or not together with the invoiced clearance costs) from the recipient of the goods;


the possible costs of shipping;

the way in which the agreement will be concluded and what actions are required for this;

whether or not the right of withdrawal applies;


the method of payment, delivery, and performance 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 distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used;


whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;


the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;


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

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


the minimum duration of the distance contract in the case of a long-term transaction.


Optional: available sizes, colors, types of materials.


Article 5 – The agreement

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 conditions laid down therein.


If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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 may 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as of 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 grounds not to enter into the agreement, he is entitled to refuse a request or order or to attach special conditions to the execution thereof.


The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  1. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. information about warranties and existing after-sales service;
  4. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

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 the delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a pre-designated representative made known to the entrepreneur.


During the cooling-off period, the consumer will handle the product and packaging carefully. 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.


For the delivery of services:

When services are provided, the consumer has the option to dissolve the agreement without giving any reason for a period of at least 14 days, starting on the day of entering into the agreement.


To exercise the right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest on delivery.


Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, he will have to pay no more than the costs of returning the product.


If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.


Article 8 – Exclusion of the right of withdrawal


The entrepreneur can exclude the consumer's right of withdrawal for products as described in sections 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.

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

  • That are damaged. The original packaging must be available.
  • That cannot be resold.
  • Ordered goods for business projects.

Article 9 – The price

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 due to changes in VAT rates.

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


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


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 statutory regulations or provisions; or
  • the consumer has the authority to cancel the agreement from the day the price increase takes effect.

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


Article 10 – Conformity and Guarantee

The entrepreneur 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 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 use other than normal use.


Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.


The warranty period of the entrepreneur 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.


The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or are otherwise handled negligently or in violation of the entrepreneur's instructions and/or the packaging instructions;
  • The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.


Article 11 – Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.


The consumer's address provided to the company is considered the place of delivery.


Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and to claim any compensation for damages.

In the event of dissolution 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 dissolution.


If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. It will be clearly and understandably communicated at the latest upon delivery that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.


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


Article 12 – Long-term transactions: duration, termination, and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which aims to deliver products (including electricity) or services regularly at any time, subject to agreed termination rules and a notice period of up to one month.


The consumer may terminate an agreement entered into for a definite period and which aims to deliver products (including electricity) or services regularly at any time at the end of the agreed term, subject to agreed termination rules and a notice period of up to one month.


The consumer may terminate the agreements mentioned in the previous paragraphs:

at any time and shall not be restricted to termination at a specific time or during a specific period;


terminate at least in the same manner as they were entered into by him;

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


Renewal

An agreement entered into for a definite period and which aims to deliver products (including electricity) or services regularly may not be tacitly renewed or extended for a specific period.


Notwithstanding the foregoing, an agreement entered into for a definite period and which aims to deliver daily, news, and weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month.


An agreement entered into for a definite period and which aims to deliver products or services regularly may only be tacitly renewed for an indefinite duration if the consumer may terminate at any time with a notice period of up to one month and a notice period of up to three months in the event the agreement aims to deliver daily, news, and weekly newspapers and magazines regularly, but less than once a month.


An agreement with a duration of limited time for the purpose of delivering daily, news, and weekly newspapers and magazines for trial or introductory purposes shall not be tacitly renewed and shall automatically end after the trial or introductory period expires.


Duration

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 up to one month, unless reasonableness and fairness oppose termination before the agreed duration ends.


Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.


The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs notified to the consumer in advance.


Article 14 – Complaints Procedure

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


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 message 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 that is subject to the dispute resolution process.


A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.


If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.


Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.