General Terms and Conditions Amkina
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer's obligations during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
Article 9 - Entrepreneur's obligations in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Fulfillment of the agreement and additional warranty
Article 13 - Delivery and execution
Article 14 - Long-term transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these conditions, the following definitions apply:
Additional 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 the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services, and/or digital content over a certain period;
Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows the unaltered reproduction of the stored information;
Right of withdrawal: the consumer's possibility to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal regarding his order;
Technique for distance communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously present in the same room.
Article 2 - Identity of the entrepreneur
AMKINA
ITALIA
P.IVA 04124090921
Via della pineta, 47 - 09040 Burcei (CA)
THE NETHERLANDS
Chamber of Commerce number: 63419076
VAT identification number: NL855227515B01
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed by the consumer and that they will be sent to the consumer free of charge upon request as soon as possible.
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 stored by the consumer in a simple way 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 in another way upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs two and three shall apply mutatis mutandis and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him.
Article 4 - The offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
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 attached to it.
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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason during 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.
During the cooling-off period, the consumer will handle the product and 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 makes use of his right of withdrawal, he will return the product with all 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 exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known by means of the model withdrawal form or in another unambiguous manner.
The consumer must return the product within 14 days after making his withdrawal known, or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of returning the goods.
If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water, or electricity not be made ready for sale in a limited volume or set quantity during the cooling-off period, the consumer owes the entrepreneur an amount equal to the portion of the obligation already fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that are not made ready for sale in a limited volume or quantity, or for the supply of district heating if:
The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
The consumer has not explicitly requested the commencement of the execution of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
Article 7 - Consumer's obligations during the cooling-off period
During the cooling-off period, the consumer will handle the product and 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 makes use of his right of withdrawal, he will return the product with all 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.
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known by means of the model withdrawal form or in another unambiguous manner.
The consumer must return the product within 14 days after making his withdrawal known, or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of returning the goods.
Article 9 - Entrepreneur's obligations in case of withdrawal
If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send a confirmation of receipt immediately upon receipt of this notification.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
Products or services for which the price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a method of sale where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the possibility of being personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
Service contracts, after full performance of the service, but only if:
Performance has begun with the express prior consent of the consumer; and
The consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services, catering, or services related to leisure activities if the contract provides for a specific date or period of performance;
Products manufactured according to the consumer's 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;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Products which, by their nature, are irrevocably mixed with other products after delivery;
Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals, or magazines, with the exception of subscriptions to these;
The delivery of digital content other than on a tangible medium, but only if:
Performance has begun with the express prior consent of the consumer; and
The consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can 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 mentioned prices are target prices will be mentioned 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:
These are the result of statutory regulations or provisions; or
The consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 12 - Performance of the agreement and extra warranty
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 existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
Article 13 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a longer 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 free of charge and the right to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation, and extension
Cancellation
The consumer can terminate an agreement that has been concluded 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 termination rules and a notice period of up to one month.
The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed period with due observance of the agreed termination rules and a notice period of up to one month.
The consumer can conclude the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to termination at a specific time or during a specific period;
at least cancel them in the same way as they have been entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
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 renewed or renewed for a definite period.
Contrary to the previous paragraph, an agreement that has been concluded 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 period of up to three months if the consumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.
An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel it at any time with a notice period of up to one month. The notice period is up to three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with limited duration to 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
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of up to one month unless reasonableness and fairness preclude cancellation before the end of the agreed term.
Article 15 - Payment
Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If an 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.
The consumer is obliged to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
Article 16 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, 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 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, it becomes a dispute that is subject to the dispute settlement procedure.
Article 17 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 18 - Additional or deviating provisions
Additional provisions or provisions deviating 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 medium.