Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

  • Consumer: the natural person who does not act for purposes relating to their trade, business, craft, or profession 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, 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 them personally in a way that allows future consultation and unaltered reproduction of the stored information.

  • Right of withdrawal: the option for the consumer 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 within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

  • Means of distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same place at the same time.

  • Terms and Conditions: these current Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: Zeluro
Chamber of Commerce number: 94735662
Trade name: Cappelli d'Oro
VAT number: NL866876017B01
Customer service email: info@cappellidoro.com
Business address: Pashegge 139

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge to the consumer 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 it can be easily stored by the consumer 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 consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the provision most favourable to the consumer shall prevail.

If one or more provisions of these general terms and conditions are at any time wholly or partially 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 as soon as possible by a provision that approaches the intent of the original as closely as possible.

Situations not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. 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 representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the contract.

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

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price, excluding customs clearance fees and import VAT. These additional costs will be at the customer's own expense and risk. The postal and/or courier service will, with regard to the import, use the special scheme for postal and courier services. This scheme applies if the goods are imported into the destination EU country, which is the case here. The postal and/or courier service collects the VAT (possibly together with the clearance costs charged) from the recipient of the goods;

  • any shipping costs;

  • the manner 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 execution of the contract;

  • 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 means of distance communication are calculated on a basis other than the basic rate for the means of communication used;

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

  • the way in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by them within the framework of the contract;

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

  • 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

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

Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

The contract, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

The entrepreneur may – within statutory frameworks – ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.

The entrepreneur will send the following information with the product or service 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:

  • the visiting address of the entrepreneur’s business where the consumer can lodge complaints;

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

  • information about warranties and existing after-sales service;

  • the data referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these to the consumer before the execution of the contract;

  • the requirements for terminating the contract if the contract 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 applies only to the first delivery.

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

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without stating reasons for a period of 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they 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.

If the consumer wishes to make use of their right of withdrawal, they are obliged to notify the entrepreneur within 30 days of receipt of the product. Notification must be made by written message or email. After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must prove that the goods have been returned in time to the place of origin. This may also be directly to our supplier in China. The customer can do this, for example, by providing proof of dispatch.

If the customer has not, after the expiry of the periods mentioned in paragraphs 2 and 3, indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are entirely at the consumer's expense. Please note that this may also involve the cost of returning the product to the country of origin, i.e., our supplier in China.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. The condition here is that the product has already been received back by the retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the contract.

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 personal in nature;

  • that cannot be returned due to their nature;

  • that can spoil or age quickly;

  • whose price depends on 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 if the consumer has broken the seal.

  • for hygiene products where the seal has been broken by the consumer.

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

  • relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;

  • the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;

  • relating to bets and lotteries.

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 resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may 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. The offer will state that these prices are subject to fluctuations and that any prices quoted are target prices.

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

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

  • they result from statutory regulations or provisions; or

  • the consumer is authorised to terminate the contract as of the day on which the price increase takes effect.

The place of delivery, based on Article 5, paragraph 1 of the Dutch VAT Act 1968, is the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge import VAT and/or clearance costs to the recipient. Therefore, the entrepreneur will not charge VAT.

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

Article 10 – Conformity and Warranty

The entrepreneur warrants that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations at the date of the conclusion of the contract. If agreed, the entrepreneur also warrants that the product is suitable for use other than normal.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. Products must be returned in their original packaging and in new condition.

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 use 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 otherwise carelessly handled or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;

  • The inadequacy is wholly or partially the result of government regulations regarding the nature or quality of the materials used or to be used.

Article 11 – Delivery and Execution

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

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

With due observance of what is stated in Article 4 of these general terms and conditions, 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 be executed or can only be executed in part, the consumer will be notified no later than 30 days after the order was placed. In such a case, the consumer has the right to dissolve the contract free of charge and is entitled to compensation.

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 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavour to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

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

Article 12 – Long-term Transactions: Duration, Termination and Extension

Termination

The consumer may at any time terminate an indefinite contract concluded for the regular supply of products (including electricity) or services, subject to agreed notice rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to agreed notice rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or in a given period;

  • at least terminate them in the same manner as they were concluded by them;

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

Extension

A fixed-term contract concluded for the regular supply of products or services may not be tacitly extended or renewed for a fixed period.

Contrary to the previous paragraph, a fixed-term contract concluded for the regular supply of daily, news and weekly newspapers and magazines may be tacitly extended for a maximum of three months if the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract concluded for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may 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 case of a contract for the regular, but less than once a month, supply of daily, news and weekly newspapers and magazines.

A limited duration contract for the regular supply 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

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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

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 referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.

The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur, subject to statutory restrictions, has the right to charge the consumer reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure

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

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 30-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

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 their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

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