Store Policy
Definitions
Article 1 - Definitions
Under these conditions the following terms have the following meanings:
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Reflection period: the period within which the consumer can exercise the right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: working day;
Duration transaction: a distance contract concerning a series of products and / or services whose delivery and / or purchase obligation is articulated over time;
Durable data carrier: any means that allows the consumer or entrepreneur to store the information addressed to him personally in such a way as to allow future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill out when he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
Distance contract: contract in which, within the scope of a distance sales system of products and / or services organized by the entrepreneur, up to the conclusion of the contract included, only one or more remote communication techniques are used;
Distance communication technology: means that can be used for the conclusion of an agreement, without the consumer and the entrepreneur meeting in the same space at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
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Corporate Identity
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TANKKD ITALY Via A. Sist, 138 - Taino - 2108 - Italy
Telephone number: 3498339310 every working day from 10.00 to 18.00 E-mail address: patrizio.beltrami@me.com
VAT identification number: IT03028050122
Applicability
Article 3 - Applicability of terms and conditions
They apply to every offer of the entrepreneur and to every contract and distance order 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and will be sent free of charge at the request of the consumer. If the distance contract is concluded electronically, notwithstanding the preceding 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 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 consulted electronically and which will be sent free of charge electronically or otherwise at the request of the consumer. In the event that specific conditions of products or services apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in case of conflicting general terms and conditions, the consumer can always rely on the applicable provision. more appropriate to him. it is beneficial. If one or more provisions of these general terms and conditions are in whole or in part void or destroyed at any time, the agreement and these terms and conditions will continue to apply and the provision in question will be immediately replaced by a provision which, in consultation , from the original as close as possible. Situations not covered by these terms and conditions must be evaluated "in the spirit" of these terms and conditions.
Uncertainties as to the explanation or content of one or more provisions of our terms and conditions must be explained "in the meaning" of these terms and conditions.
The offer
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur has the right to modify 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 allow a correct evaluation of the offer by the consumer. If the entrepreneur uses images, they are a faithful representation of the products and / or services offered. Obvious errors or obvious errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the contract. The images with the products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products. Each 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 including taxes; any shipping costs; the way in which the agreement will be concluded and the necessary actions to that end; whether or not the right of withdrawal applies; the method of payment, delivery and implementation of the contract; the period of acceptance of the offer or the period within which the entrepreneur guarantees the price; the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the normal basic tariff for the means of communication used; if the contract is archived after the conclusion and, if so, how it can be consulted by the consumer; the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and repair them if he wishes; any other language 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 event of an extended transaction. Optional: available sizes, colors, type of materials.
The agreement
Article 5 - The agreement
The contract is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and fulfills the corresponding 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 the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can - within the legal frameworks - inform whether the consumer can fulfill 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, the entrepreneur has good reasons not to conclude the agreement, he has the right to refuse an order or request, giving reasons or attaching special conditions to the 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 way on a durable medium: the visiting address of the entrepreneur's establishment to which the consumer can submit complaints; the conditions under which and the methods by which the consumer can exercise the right of withdrawal, or a clear declaration regarding the exclusion of the right of withdrawal; information on guarantees and existing after-sales service; the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information 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 indefinite. In the case of an extended transaction, the provision of the previous paragraph applies only to the first delivery. Each contract is stipulated under the conditions precedent of sufficient availability of the products in question.
Withdrawal
Article 6 - Right of withdrawal
Upon delivery of the products: When purchasing the products, the consumer has the possibility to terminate the contract without giving any reason for 14 days. This cooling-off period begins the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and announced to the entrepreneur. During the cooling-off period, the consumer will treat the product and packaging with care. You will only unpack or use the product to the extent necessary to assess whether you wish to keep the product. If you make use of your right of withdrawal, you will return the product with all accessories and - if reasonably possible - in its 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 his right of withdrawal, he must notify the entrepreneur within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment. If the customer has not made it known that he wishes to exercise his right of withdrawal, respectively, after the expiry of the periods referred to in paragraphs 2 and 3. the product has not been returned to the entrepreneur, the purchase is a fact. When providing services: In providing the services, the consumer has the possibility to terminate the contract without giving any reason for at least 14 days, starting from the day of the conclusion of the contract. To make use of his 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 at the time of delivery.
Costs in case of withdrawal
Article 7 - Costs in case of withdrawal
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If the consumer makes use of the right of withdrawal, the return costs will be at his expense. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the cancellation.
This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of the complete return can be presented.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for conclusion of the agreement. The exclusion of the right of withdrawal is only possible for products: which have been created by the entrepreneur according to the consumer's specifications; which are clearly personal in nature; which cannot be returned by their nature; which can spoil or age quickly; the price of which is subject to 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 which the consumer has broken the seal. for hygienic products whose seal has been broken by the consumer. The exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, catering or recreational activities to be carried out on a certain date or during a certain period; the delivery of which began with the express consent of the consumer before the expiration of the cooling-off period; regarding betting and lotteries.
The price
Article 9 - The price
During the period of validity indicated in the offer, the prices of the products and / or services offered will not be subject to increases, except for price changes following 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 and on which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that the prices indicated are target prices are indicated in the offer. Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory provisions or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated it and: they are the result of statutory provisions or provisions; o the consumer is authorized to withdraw from the contract with effect from the day on which the price increase takes effect. The prices indicated in the offer of products or services include VAT. All prices are subject to printing and typographical errors. We decline all responsibility for the consequences of printing and typing errors. In case of printing and composition errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Compliance and warranty
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of conclusion of the agreement and / or the regulations governmental. If agreed, the entrepreneur also guarantees 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 that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The return of products must be in their original packaging and in new condition. The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The guarantee does not apply if: The consumer has personally repaired and / or treated the delivered products or has had them repaired and / or treated by third parties; When using chemicals the guarantee does not apply The delivered products have been exposed to abnormal circumstances or have been otherwise treated carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging; The defect is in whole or in part the result of regulations that the government has enacted or will make regarding the nature or quality of the materials used.
Delivery and implementation
Article 11 - Delivery and implementation
The entrepreneur will take the greatest possible care in receiving and implementing orders for products and in evaluating requests for the provision of services. The place of delivery is the address that the consumer has made known to the company. With due observance of the provisions of paragraph 4 of this article, the company will execute accepted orders promptly, but at the latest within 60 days, unless the consumer has agreed on a longer delivery period. If the delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed within 60 days of placing the order. In this case, the consumer has the right to withdraw from the contract at no cost. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive any rights from any stated term. Exceeding a deadline does not entitle the consumer to compensation. In the event of dissolution pursuant to paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after the dissolution. If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the time of delivery, it will be clearly and understandably indicated that a replacement item is being delivered. For replacement items the right of withdrawal cannot be excluded. The costs of a possible return shipment are borne by the entrepreneur. The risk of damage and / or loss of the products is borne by the entrepreneur up to the time of delivery to the consumer or by a pre-designated and announced representative to the entrepreneur, unless otherwise agreed.
Transactions
Article 12 - Duration transactions: duration, cancellation and extension
Cancellation The consumer can withdraw from a contract which has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to the agreed cancellation rules and a notice period not exceeding one month. . The consumer can terminate a contract that has been concluded for a specified period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the specified term, with due observance of the cancellation rules. agreed and a notice period of at least one month maximum. The consumer can the agreements mentioned in the previous paragraphs: cancel at any time and not be limited to cancellation at a specific time or in a specific period; at least cancel in the same way they were entered into by him; always cancel with the same notice period that the entrepreneur has set for himself. Extension A contract that has been concluded for a specified period and which extends to the regular delivery of products (including electricity) or services cannot be automatically extended or renewed for a specified period. Contrary to the previous paragraph, a contract that has been entered into for a specified period and which extends to the regular delivery of daily and weekly news and magazines can be tacitly extended for a maximum period of three months, if the consumer has extended the contract for a may terminate the extension with a notice period of up to one month. A contract that has been concluded for a specified period and which extends to the regular delivery of products or services can be tacitly extended for an indefinite period only if the consumer can withdraw at any time with a notice period not exceeding one month and a maximum notice period of three months in the event that the agreement extends to the regular delivery, but less than once a month, of newspapers, news and weeklies and magazines. An agreement with a limited duration to the regular delivery of newspapers, news and weeklies and magazines (trial or introductory subscription) is not tacitly continued and terminates automatically after the trial or introductory period. Expensive If a contract has a duration of more than one year, the consumer can terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness oppose the cancellation before the expiry of the period. agreed.
Payment
Article 13 - Payment
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Payment can be made with PayPal // Credit and / or debit card // Bank transfer.
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Delivery time
From payment, approximately 90/120 days from delivery.
Complaint procedure
Article 14 - Complaint procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance 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 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 period of 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute will arise subject to the dispute resolution procedure. In case of complaints, a consumer must first contact the entrepreneur. In case of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (webwinkelkeur.be), which will act free of charge. If a solution is still not reached, the consumer has the possibility to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer accept this binding decision. Submitting a dispute to this dispute commission entails costs which the consumer must pay to the competent commission. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be well founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge at his choice.
Disputes
Article 15 - Disputes
Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad. The Vienna Sales Convention does not apply.
Provisions
Article 16 - Additional or different provisions
Additional or deviating provisions from these general terms and conditions cannot 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.