Terms

Article 1. Definitions

In these general terms and conditions, the following terms are capitalised and used in the following sense, unless expressly stated otherwise:

TRESANTI BV: private company with limited liability TRESANTI BV, party to the agreement with the consumer and user of these general terms and conditions within the meaning of article 6:231 sub b of the Dutch Civil Code.

Offer: TRESANTI BV's proposal to the Consumer to enter into an agreement, for example in an offer or online via a web shop.

Consumer: the natural person who orders goods or services from TRESANTI BV, who is not acting in the exercise of a profession or business and who is the other party to the agreement with TRESANTI BV within the meaning of Section 6:231 sub c of the Dutch Civil Code.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.

Return Form: the return form made available to the Consumer by TRESANTI BV on its website, which form enables the Consumer to exercise his right of cancellation.

Order: the instruction to TRESANTI BV to supply goods or services or the placing of an order for this purpose.

Agreement: the agreement between TRESANTI BV and the Consumer on the basis of which TRESANTI BV delivers products and/or services to the Consumer.

Distance agreement: an agreement under which, within the framework of a system organised by TRESANTI BV for the distance sale of products and/or services, up to and including the conclusion of the agreement, one or more techniques for distance communication are used exclusively.

Parties: TRESANTI BV and the consumer together.

Technique of distance communication: means that can be used to conclude an agreement without the Consumer and TRESANTI BV being in the same room at the same time.

Website: http://www.tresanti.eu.

 

Article 2. Applicability

These general terms and conditions are applicable to all offers, agreements and deliveries of TRESANTI BV, regardless of their nature, unless such applicability is expressly excluded in writing, in whole or in part, or expressly agreed otherwise.

Any terms and conditions of the consumer are expressly rejected. Deviations from and additions to these terms and conditions shall only apply if and insofar as they have been expressly accepted in writing by TRESANTI BV.

If TRESANTI BV has permitted deviations from these general terms and conditions for a shorter or longer period of time, tacitly or otherwise, this does not affect its right to continue to demand immediate and strict compliance with these general terms and conditions. The consumer cannot derive any rights from the manner in which TRESANTI BV applies these terms and conditions.

These terms and conditions also apply to all agreements with TRESANTI BV, the execution of which requires the involvement of third parties. Such third parties may rely directly on these terms and conditions, including any limitations of liability.

If one or more of the provisions of these general terms and conditions or any other agreement with TRESANTI BV should be in conflict with a mandatory statutory provision or any applicable legal regulation, the provision in question will lapse and will be replaced by a new, legally permissible and comparable provision to be determined by TRESANTI BV.

TRESANTI BV reserves the right to change these terms and conditions at any time. The general terms and conditions in force at the time of the conclusion of the agreement with the consumer will always apply to the agreement.

 

 Article 3. Offers and prices

 All offers of TRESANTI BV are revocable, without obligation and while stocks last, unless explicitly stated otherwise.

The prices in the offers of TRESANTI BV are inclusive of VAT and other government levies, but exclusive of any shipping costs incurred in connection with the order, unless otherwise stated.

 

 Article 4. Realisation of the agreement

 The agreement between TRESANTI BV and the consumer is only concluded after the consumer has completed the order process on the website and has paid the order amount to TRESANTI BV. In the case of payment in arrears or by bank transfer to the bank account of TRESANTI BV, the agreement is concluded after the order process on the website has been completed. TRESANTI BV will then confirm the order to the consumer by e-mail as soon as possible.

 

 Article 5. Delivery and delivery times

Unless otherwise agreed, delivery will be made to the delivery address indicated by the consumer and the shipping costs will be borne by the consumer. TRESANTI BV will clearly state the shipping costs in the offer.

If TRESANTI BV requires data from the Consumer as part of the execution of the agreement, the delivery period will start after the Consumer has provided TRESANTI BV with all necessary data.

If TRESANTI BV has stated a delivery period or a period for the execution of the agreement, this is only indicative. A stated delivery time can therefore never be considered as a deadline. If a term is exceeded, the consumer must therefore give TRESANTI BV written notice of default. TRESANTI BV must be given a reasonable period of time in which to perform the agreement.

The risk in respect of the goods supplied shall pass to the consumer at the time of delivery. For the purposes of these general terms and conditions, delivery means the moment the items are received by the consumer.

The consumer is obliged to accept the purchased goods at the moment they are at his disposal or made available to him.

TRESANTI BV reserves the right to engage third parties not employed by it to carry out (parts of) the order on its behalf.

 

Article 6. Trial period and right of withdrawal

In the case of a distance sale, the offer also includes a trial period of at least fourteen (14) calendar days, commencing on the day following receipt by or on behalf of the consumer, unless otherwise agreed. In this case, the purchase will not be finalised until fourteen (14) calendar days have elapsed after receipt of the goods.

During the trial period, the consumer has a right of withdrawal, which allows him to return the goods received, without any obligation on his part other than compensation for the direct costs of returning the goods, unless expressly agreed otherwise.

The consumer can only exercise his right of withdrawal by informing TRESANTI BV of his intention in writing or by e-mail within a period of fourteen (14) calendar days after receipt by or on behalf of the consumer. For this purpose, TRESANTI BV will make a return form available on its website. The completed return form must be sent online or by e-mail to info@tresanti.eu or by post to the correspondence address of TRESANTI BV (Van de Reijtstraat 51 B, 4814 NE Breda, the Netherlands).

If the consumer exercises the right of withdrawal, TRESANTI BV will refund the amount already paid by the consumer, excluding shipping costs, within thirty (30) calendar days.

The Consumer can only effectively exercise his right of withdrawal if the relevant items are returned complete, undamaged, unused and in the original packaging. After exercising the right of withdrawal, the consumer must return the delivered goods to TRESANTI BV within fourteen (14) calendar days. The cost of this will be borne by the consumer, unless expressly agreed otherwise.

Custom-made products and/or services are excluded from the trial period and the right of withdrawal. This exclusion will be clearly stated in the offer.

Socks are excluded from the trial period and the right of withdrawal for hygienic reasons.

 

Article 7. Invoicing and payment

Unless expressly agreed otherwise, payment for the ordered goods shall be made in full in advance in one go by one of the payment methods offered by TRESANTI BV on its website. After payment, the consumer will receive an itemised invoice from TRESANTI BV by e-mail.

 

Article 8. Gift cards

Gift cards purchased on the TRESANTI website can only be used on the TRESANTI website (www.tresanti.eu).

For the delivery of Gift Cards, the Consumer can choose to receive the Gift Card digitally by e-mail or at home as a physical product (like other products).

If the Consumer wishes to use the balance on his/her Gift Card when purchasing a product, the Consumer must enter the Gift Card on the shopping basket page before confirming the purchase. The amount of the Gift Card will then be deducted from the total value of the order.

The balance on the gift card must be used in one go. Any unused balance (surplus) will not be refunded or otherwise paid out.

Gift cards cannot be used to purchase other gift cards.

Gift cards are valid for five (5) years from the date of purchase.

The value of a Gift Card is in Euros.

 

Article 9. Liability

If TRESANTI BV is liable for damage, this liability is limited, as far as legally permissible, to compensation for direct damage and to a maximum of the invoice amount of the agreement, at least that part of the agreement to which the liability relates. Direct damage is exclusively understood to mean

the reasonable costs incurred in determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these General Terms and Conditions;

all reasonable costs incurred to bring the defective performance of TRESANTI BV into conformity with the agreement, unless these costs cannot be attributed to TRESANTI BV;

reasonable costs incurred to prevent or limit damage, insofar as the consumer proves that these costs have led to a limitation of the direct damage as referred to in these general terms and conditions.

TRESANTI BV is never liable for indirect damage, including personal injury, consequential damage, loss of profit, loss of savings, damage due to business stagnation.

TRESANTI BV is not liable for any damage, of whatever nature and in whatever form, caused by TRESANTI BV having relied on incorrect and/or incomplete information provided by the consumer. Any costs incurred by TRESANTI BV as a result will be borne by the consumer.

The limitations of liability for direct damage contained in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of TRESANTI BV.

 

Article 10. Quality, Conformity and Warranty

If the delivered goods are not in accordance with the agreement, the consumer must report any defects or faults to TRESANTI BV within a reasonable period after discovery. The consumer is obliged to inspect the delivered goods immediately upon receipt and to report any defects immediately in writing. The notification must be made by e-mail: info@tresanti.eu or by telephone on +31 (0)76 - 51 56 333 (during office hours).

TRESANTI BV guarantees that all goods delivered by it are sound, i.e. that the delivered goods offer the safety that may be expected of them and that the goods are of the customary quality, are suitable for their destination and meet the reasonable requirements to be set out herein or the requirements expressly agreed between the parties.

The warranty is determined according to the applicable law, whereby TRESANTI BV will first exchange or repair the items, at its own discretion, in case of defects. If an item cannot be repaired or if the replaced item is also defective, the consumer has the right to return the items for a full refund of the purchase price.

Drawings, technical descriptions, samples, illustrations, colours, sizes and material specifications are provided by TRESANTI BV in good faith and as accurately as possible. However, such information is not binding. Deviations in the delivered goods within the usual tolerances are accepted and do not entitle the consumer to any complaint, replacement, compensation or other right, unless a smaller tolerance for deviations has been expressly agreed in the contract.

 

Article 11. Retention of title

All goods delivered by TRESANTI BV remain the property of TRESANTI BV until the moment the Consumer has completely fulfilled all his payment obligations towards TRESANTI BV arising from any agreement concluded with TRESANTI BV for the delivery of goods and/or services, including claims arising from the non-fulfilment of such an agreement.

The consumer is not allowed to establish limited rights on goods that are subject to TRESANTI BV's retention of title. If third parties (wish to) establish (limited) rights to the goods subject to retention of title, the consumer must immediately inform TRESANTI BV thereof.

 

 

 

Article 12. Force majeure

In the event of force majeure, TRESANTI BV is entitled to dissolve the agreement or to suspend the fulfilment of its obligations towards the consumer for a reasonable period of time, without being liable for any damages.

In the context of these general terms and conditions, force majeure means a shortcoming for which TRESANTI BV, third parties or suppliers engaged by TRESANTI BV are not responsible, or any other serious reason on the part of TRESANTI BV, as a result of which TRESANTI BV is unable to execute the order on time or without unreasonable effort and/or costs, measured by objective standards.

If TRESANTI BV has already partially fulfilled its obligations at the time of the force majeure, or can only partially fulfil its obligations, it shall be entitled to invoice the part already delivered or the part that can be delivered separately, and the consumer shall be obliged to pay this invoice as if it were a separate agreement. However, this shall not apply if the part already delivered and/or the part that can be delivered has no independent value.

 

 

Article 13. Applicable law and dispute resolution

Dutch law applies to all agreements concluded between TRESANTI BV and the consumer.

The Dutch text of these general terms and conditions is always authoritative for the content and interpretation of these terms and conditions and any translations thereof.

All disputes - including those that are only considered as such by one of the parties - arising from an agreement to which these terms and conditions apply in full or in part, or from other agreements arising from such an agreement, shall be settled by the competent court in the district of the consumer's place of residence. This is without prejudice to the fact that TRESANTI BV can agree with the consumer to have the dispute settled by independent arbitration.