TERMS AND CONDITIONS
General sales, delivery and payment conditions General
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These general terms and conditions apply to all offers from La Candela di Gerardi. The conditions are accessible to everyone and included on the website of La Candela di Gerardi. Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. La Candela di Gerardi reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by La Candela di Gerardi.
1.4 La Candela di Gerardi guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.​ Delivery
2.1 Delivery takes place while stocks last.
2.2 Under the rules of distance selling, La Candela di Gerardi will execute orders within 30 days. If this is not possible (because the ordered is not in stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially, the consumer will receive within 1 month after placing the order. order message and in that case he has the right to cancel the order without costs and notice of default.
2.3 Subject to proof to the contrary, the obligation to deliver will be fulfilled as soon as the goods delivered by La Candela di Gerardi have been offered to the customer once. For home delivery, the carrier's report, alleging the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All terms stated on the website are indicative. Therefore, no rights can be derived from the terms mentioned.
​ 3. Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices are in Euros and include 21% VAT.
4. View period / right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 BW), the customer has the right to return (part of) the delivered goods within a period of 7 working days without giving any reason. This period starts when the ordered items have been delivered. If the customer has not returned the delivered goods to La Candela di Gerardi after this period has expired, the purchase is a fact. The customer is obliged, before proceeding to return, to notify La Candela di Gerardi in writing within the period of 7 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions of the previous sentence, La Candela di Gerardi will ensure that the full purchase amount is refunded to the customer within 30 days of receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the customer.
4.2 The right to dissolution, as described in the previous paragraph, only relates to the goods delivered and will in no case relate to services provided by La Candela di Gerardi.
4.3 The right of withdrawal does not apply to:
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services of which the performance, with the consent of the consumer, has started for a period of seven working days.
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Goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence.
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Goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character.
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For goods or services that cannot be returned due to their nature, for example in connection with hygiene or that can spoil or age quickly.
5. Data management
5.1 If you place an order with La Candela di Gerardi, your data will be included in the customer base of La Candela di Gerardi. La Candela di Gerardi adheres to the law of December 8, 1992 for the protection of privacy and will not provide your information to third parties.
5.2 La Candela di Gerardi respects the privacy of the users of the internet site and ensures confidentiality of your personal information. 5.3 La Candela di Gerardi in some cases uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.
6. Warranty and conformity
6.1 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 the conclusion of the agreement. and / or government regulations.
6.2 An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert towards the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur based on the law / or the distance contract.
6.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return it to La Candela di Gerardi) must immediately report these defects in writing to La Candela di Gerardi. Any defects or incorrectly delivered goods must and can be reported to La Candela di Gerardi in writing no later than 14 days after delivery. The goods must be returned in the original packaging and in new condition. Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and / or resale after detection of defect, completely voids this right to complain and return.
6.4 If complaints from the customer are found by La Candel di Gerardi, La Candela di Gerardi will choice whether to replace the delivered goods free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of La Candela di Gerardi and provided that the amount of the compensation is always limited to a maximum of the invoice amount of the relevant goods, then however (at the option of La Candela di Gerardi) up to the maximum amount covered in the relevant case by the liability insurance of La Candela di Gerardi. Any liability of La Candela di Gerardi for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to loss of profit. 6.5 This guarantee does not apply if: A) and as long as the customer is in default towards La Candela di Gerardi; B) the customer has processed the delivered goods himself or has them processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of La Candela di Gerardi and / or instructions on the packaging; D) the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used;
7. Offers
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, La Candela di Gerardi reserves the right to revoke or deviate from the offer within 3 working days of receipt of that acceptance.
7.3 Verbal commitments only bind La Candela di Gerardi after they have been explicitly confirmed in writing.
7.4 Offers from La Candela di Gerardi do not automatically apply to repeat orders.
7.5 La Candela di Gerardi cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8. Agreement
8.1 An agreement between La Candela di Gerardi and a customer is concluded after an order assignment by La Candela di Gerardi has been assessed for feasibility.
8.2 La Candela di Gerardi reserves the right not to accept orders or assignments without giving reasons or to accept them only on the condition that the shipment is made cash on delivery or after payment in advance.
9. Pictures and specifications
9.1 All images; photos, drawings, etc .; Among other things, data concerning weights, dimensions, colors, images of labels, etc. on the website of La Candela di Gerardi are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force of the majority
10.1 La Candela di Gerardi is not liable if and insofar as its commitments cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and / whether manufacturers of La Candela di Gerardi as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly considered force majeure.
10.3 In the event of force majeure, La Candela di Gerardi reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is La Candela di Gerardi obliged to pay any fine or compensation.
10.4 If La Candela di Gerardi has already partially fulfilled its obligations on the occurrence of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice. as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no ne independent value.
11. Liability
11.1 La Candela di Gerardi is not liable for damage to one or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and / or consult our website.
12. Retention of title
12.1 Ownership of all goods sold and delivered by La Candela di Gerardi to the customer remains with La Candela di Gerardi as long as the customer has not paid the claims of La Candela di Gerardi under the agreement or earlier or later similar agreements, as long as the customer the work performed or yet to be performed under this or similar agreements has not yet been fulfilled and as long as the customer has not yet paid the claims of La Candela di Gerardi due to failure to comply with such obligations, including claims with regard to fines, interest and costs, all as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The customer is not authorized to pledge or encumber in any other way the goods subject to retention of title.
12.3 The customer gives unconditional and irrevocable consent to La Candela di Gerardi or a third party to be appointed by La Candela di Gerardi to, in all cases in which La Candela di Gerardi wishes to retain its ownership rights exercise, to enter all those places where its property will then be located and to take those objects there.
12.4 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform La Candela di Gerardi as soon as may reasonably be expected.
13. Applicable law / competent court
In the event of a dispute, only Belgian law is applicable and only the courts of the judicial district of Ghent are competent.
13.1 Belgian law applies to all agreements.