Version: November 2018
GENERAL TERMS AND CONDITIONS WEBSHOP ARTE DI VITA
Article 1 - Definitions
1. Arte di Vita: by Arte di Vita is meant in these conditions Arte di Vita, established at Ardennen 62 (3831 EZ) in Amersfoort and registered in the Chamber of Commerce under number 62092545. Arte di Vita’s VAT number is: NL120938716B01.
2. Buyer: the natural person who does not act in the exercise of a profession or business who concludes an agreement with Arte di Vita through the webshop of Arte di Vita at www.artedivita.eu.
Article 2 - Applicability
1. These general terms and conditions apply to every offer made by Arte di Vita and to every agreement concluded between Arte di Vita and the buyer. The conditions are accessible to everyone and included on the website of Arte di Vita (www.artedivita.eu). On request we will send the buyer an electronic or written copy.
2. By placing an order the buyer indicates that he agrees with the delivery and payment conditions.
3. Arte di Vita reserves the right to change and/or supplement the general terms and conditions.
4. Unless otherwise agreed on in writing, the general or specific conditions or stipulations of third parties are not recognized by Arte di Vita.
Article 3 - Establishment of agreements
1. Agreements come into being when the buyer accepts the offer made by Arte di Vita and the buyer meets the conditions set by Arte di Vita.
2. If the buyer accepts the Arte di Vita offer via electronic means, for example via the ordering process on the website of Arte di Vita, Arte di Vita will immediately confirm the acceptance of the offer electronically. As long as the acceptance of the offer is not confirmed to the buyer via electronic means by Arte di Vita, the buyer has the option to dissolve the agreement. A late confirmation of the acceptance of the offer, at the latest within five days after acceptance of the offer, implies the rejection of the offer by the buyer, unless Arte di Vita informs the buyer within this period that no agreement will be concluded.
Article 4 - Data management
2. The buyer shall ensure that all data indicated by Arte di Vita to be necessary for a proper settlement of the order or of which the buyer should reasonably understand that these are necessary, are timely and fully provided to Arte di Vita. The buyer guarantees the correctness of the data. The buyer indemnifies Arte di Vita for any third-party claims with regard to the information provided by the buyer.
3. Arte di Vita respects the privacy of the users of the website and ensures confidentiality of its personal data.
4. In some cases, Arte di Vita uses a mailing list. Each mailing contains instructions to remove the buyer from this list, if desired.
Article 5 - Delivery
1. Delivery takes place while stocks last.
2. Arte di Vita delivers the ordered goods to the buyer at least within 30 calendar days of the date on which the agreement is concluded, unless a different delivery period has been agreed upon on the website. If delivery within 30 calendar days or an otherwise agreed delivery time is not possible (because the order is not in stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, then the buyer will receive a message within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice of default.
3. As soon as the goods to be delivered have been delivered to the delivery address specified by the buyer, the risk concerning the goods passes to the buyer.
4. The delivery obligation of Arte di Vita will, subject to proof to the contrary, be met as soon as the goods delivered by Arte di Vita have been offered to the buyer once. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer.
5. All terms mentioned on the website are indicative. No rights can therefore be derived from the terms mentioned.
Article 6 - Prices and additional costs
1. All prices on the site are subject to writing and typing errors. No liability is accepted for the consequences of writing and typing errors.
2. All prices on the site are in Euros and include 21% VAT, excluding any transport and/or installation costs.
3. If there are additional costs such as, but not limited to, shipping costs, installation costs and COD charges, Arte di Vita will, as far as possible, inform the buyer in advance.
4. Prices will not be increased within the duration of the offer, unless statutory measures make this necessary or if the manufacturer makes interim price increases.
Article 7 - Payment
1. The buyer must meet his payment obligation in the manner agreed on between him and Arte di Vita. If the agreement is established through the ordering process on the website, the buyer can fulfill his payment obligation by means of one of the methods included in the ordering process on the website of Arte di Vita. Some payment methods require payment in advance while other payment methods require payment afterwards. The buyer must in any case, if not agreed on otherwise, within 14 days after the date of conclusion of the agreement to meet his payment obligation.
2. If the buyer does not fulfill his payment obligations on time, the buyer is legally in default and is due a late payment interest at the height of the legal interest, per month or part thereof.
3. The extrajudicial collection costs, associated with the collection of an invoice that has not been paid in full or not paid, are at the expense of the buyer. These are calculated in accordance with the Dutch Extrajudicial Collection Costs Decree (‘Besluit Buitengerechtelijke Incassokosten’). The buyer will only owe the extrajudicial collection costs if the buyer has been ordered to pay by Arte di Vita after a period of 14 days has elapsed.
Article 8 - Right of withdrawal
1. The buyer has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts at the moment the ordered items are delivered. Arte di Vita may ask the buyer for the reason for withdrawal, but does not oblige them to state their reason(s). If the buyer has not made use of the right of withdrawal within the ‘cooling-off’ period of 14 days after receipt, then the purchase is a fact.
2. During the ‘cooling-off’ period, the buyer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to assess the nature, characteristics and functioning of the product. Opened paint cans cannot be returned unless the product does not comply with what the buyer could reasonably have expected.
3. If the buyer wishes to make use of his right of withdrawal, he is obliged to make this known to Arte di Vita within 14 days after receipt of the product. The purchaser must communicate this to Arte di Vita by e-mail (firstname.lastname@example.org). After the buyer has made it known that he wishes to make use of his right of withdrawal, the buyer must return the product as soon as possible, no later than within 14 days, in accordance with the reasonable and clear instructions provided by Arte di Vita. See on our website under Returns.
4. The buyer must prove that the delivered goods have been returned in time, for example by means of proof of mail delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the buyer, encumbered or damaged in any way, Arte di Vita reserves the right to charge depreciation. With due observance of what has been stipulated in the previous sentence, Arte di Vita will take care of a refund within 14 days after good receipt of the return shipment or 14 days after proof of return (the shipping certificate must explicitly state the contents of the return shipment).
5. Upon return of the entire purchase, the full purchase price including any calculated shipping and/or payment costs will be refunded to the buyer. When returning only a part of the received purchases, only the purchase value of the returned items is refunded. Additional costs as a result of a more expensive shipping method than the cheapest standard delivery will never be refunded.
6. The return of the delivered goods is entirely at the expense and risk of the buyer.
Article 9 - Exclusion of right of withdrawal
The right of withdrawal does not apply to:
• Products manufactured or modified according to the buyer's specifications (customization) or that have a clearly personal character.
• Products that cannot be returned due to their nature. If applicable, this is clearly stated with the product, or this is clearly indicated before the buyer makes the order final.
Article 10 - Warranty and conformity
1. Arte di Vita guarantees that the products comply with the agreement, the specifications stated in the offer, and 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.
2. Colour charts, colour fans and any other form of displaying colours and colour codes shall only be used as an indication.
3. An arrangement offered as a guarantee by Arte di Vita, manufacturer or importer does not affect the rights and claims that the buyer can assert in respect of a shortcoming in the fulfillment of the obligations of Arte di Vita towards Arte di Vita on the ground of the law and/or e-commerce contract.
4. The buyer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the buyer (before proceeding to return to Arte di Vita) is obliged to report these defects within 2 weeks after discovery of the defect by e-mail (email@example.com) or the contact form to Arte di Vita. Return of the items must take place in the original packaging (including accessories and accompanying documentation). Commissioning after observation of failure, damage arising after detection of defect, encumbrance and/or resale after detection of failure, makes this right to complain and return void.
5. If complaints from the buyer are found valid by Arte di Vita, Arte di Vita will repair or replace the delivered goods free of charge at the buyer's option.
6. This warranty does not apply if:
• and as long as the buyer is in default towards Arte di Vita;
• the buyer has repaired the delivered goods himself and/or processed or has been repaired or processed by third parties;
• the delivered items have been exposed to abnormal circumstances or otherwise careless handling or are in violation of Arte di Vita's instructions and/or directions of use (on the packaging).
Article 11 - Offers
1. Offers are without obligation, unless otherwise stated in the offer.
2. Upon acceptance of a non-binding offer by the buyer, Arte di Vita reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
3. Verbal promises are only binding to Arte di Vita after they have been expressly confirmed in writing.
4. Offers from Arte di Vita do not automatically apply to repeat orders.
5. Arte di Vita cannot be held to its offer if the buyer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
6. Additions, changes and/or further agreements are only valid if agreed on in writing.
Article 12 - Images and specifications
All images, photographs, drawings etc., inter alia data on weights, dimensions, colours, images of labels, etc. on the website of Arte di Vita apply (also in view of the uniqueness of many of the products) only approximately, are indicative and cannot be a reason for compensation or dissolution of the agreement.
Article 13 - Reservation of ownership
1. Arte di Vita reserves the ownership of the goods delivered to the buyer. The ownership of the goods only passes to the buyer at the moment that the buyer has paid in full all amounts owed to Arte di Vita.
2. The buyer is not entitled to pawn the goods subject to the reservation of ownership or to encumber them in any other way. 3. If third parties seize or aim to or establish rights on the goods delivered under reservation of ownership, the buyer is obliged to notify Arte di Vita as soon as may reasonably be expected.
Article 14 - Force majeure
1. Arte di Vita is not liable, if and insofar as her commitments cannot be fulfilled due to force majeure.
2. Force majeure means any external cause, as well as any circumstance, which should not reasonably be at the risk of Arte di Vita. Delay or default due to our suppliers, faults in the internet, faults in electricity, faults in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems (e.g. due to ice conditions, extreme weather conditions, floods, terrorist attacks), fire, strikes, government measures, legal restrictions (including import and export restrictions), delays in supply, negligence of Arte di Vita suppliers and/or manufacturers as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are considered explicitly as force majeure.
3. Arte di Vita reserves the right to suspend obligations in case of force majeure and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement will be changed as such that execution remains possible. In no case is Arte di Vita obligated to pay any fine or compensation.
4. If Arte di Vita has already partially fulfilled its obligations when the force majeure situation occurs or if it can fulfill its obligations only in part, it is entitled to invoice separately for the part which has already been delivered or, as the case may be, is available for delivery, and the buyer is obliged to pay this invoice as if it related to a separate contract. This shall not apply, however, if the part already delivered – or the part that can be delivered – does not have any independent value.
5. If the force majeure situation has lasted one month or longer, the buyer has the right to dissolve the agreement with Arte di Vita for the part that is not yet fulfilled by Arte di Vita.
Article 15 - Liability
1. Before use, read the instructions on the packaging and/or consult thoroughly the user manual or our website or contact our customer service in case of doubt.
2. Any liability of Arte di Vita – resulting from a deficiency - is limited to a maximum of the invoice amount of the goods concerned, or (at the choice of Arte di Vita) to the maximum of the amount in such case covered by Arte di Vita’s liability. Any liability of Arte di Vita for any other form of damage is excluded except for intent or gross negligence, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.
Article 16 - Applicable law / competent court
1. All agreements between Arte di Vita and the buyer are exclusively governed by Dutch law.
2. The competent court within the district of Utrecht takes knowledge of disputes arising from an agreement between Arte di Vita and the buyer, which cannot be resolved by mutual agreement, unless Arte di Vita prefers to submit the dispute to the competent court of the buyer’s residence, and with the exception of disputes in respect of which no choice of forum is permitted.
3. In the event of discrepancies of these general terms and conditions between the Dutch and English text, the Dutch text shall prevail.