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Terms and Conditions

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Art. 1Application related to deliveries between Marionicci.com and the consumer
Art. 2Agreements
Art. 3Payments and prices
Art. 4 Delivery
Art. 5Advertisements and liability
Art. 6Orders/communication
Art. 7Force Majeure
Art. 8Various
Art. 9 Applicable law and authorised court

Art. 1

Applicability related to deliveries between Marionicci.com and the consumer.
A) These general terms of delivery apply to all orders and agreements between Marionicci.com exclusively, to the exclusion of any other general terms of delivery (hereinafter: terms of delivery).
B) Placing an order means that you have accepted the applicability of these terms of delivery according to “Remote buying” legislation between the consumer* and Mario Nicci.
*Consumer: the natural person who does not act for purposes related to his trade, company, craft or professional actions.
C) The provision in these terms of delivery can be deviated from only in writing, in which case the other terms of delivery will still fully apply.
D) All rights and entitlements stipulated in these terms of delivery and in any further agreements for Marionicci.com, are also stipulated for any intermediaries and other third parties hired by Marionicci.com.

Art. 2

Agreements
An agreement will only be established after your order has been accepted by Mario Nicci. Marionicci.com has the right to refuse orders or to attach certain conditions to the delivery, unless expressly determined otherwise. If an order is not accepted, Marionicci.com shall communicate this within 5 business days after receipt of the order.

 

Art. 3

Payments and prices
A) Based on the agreement, payment shall be made in advance.

B) The prices provided for the offered products and services are in Euros and include VAT, unless specified otherwise or agreed in writing, typographical errors reserved.

C) Payments shall be made during the purchase process, as indicated.

 

Art. 4

Delivery

A) The delivery time provided by Marionicci.com is only indicative and runs from the moment the payment is been received by Marionicci.com. Orders shall be delivered as soon as possible. In principle, Mario Nicci strives to send orders that have been received before 5:00 p.m. on a business day on the same day.

For exceptional cases, the legal latest delivery term of 30 days after receipt of the order shall apply; after this term you have the right to cancel the purchase free of charge and any payments already made shall be fully refunded. Exceedance of any delivery term does not entitle you to claim damages. Mario Nicci shall provide further information regarding delivery times by email and/or on the website. Such information is only indicative.

 

Art. 5

Advertisements and liability

Within the framework of remote buying legislation, the consumer is entitled to a ‘cooling off period’ of 14 days after delivery of the product, when making a purchase online. Within this period, a product may be returned without statement of reason and the customer has to pay the shipping fees for the return. If an order is rejected at the door, you will be charged for any (shipping) costs incurred by us. If you have changed your mind about an order placed through our website and you wish to return the items, please do so immediately after receipt. Because shipping is always at the expense and risk of the sender, the item(s) must be packed properly and must have sufficient postage. If the returned items are complete, in their original/undamaged packaging and unused, we will refund the purchase amount you have paid as soon as possible (but at the latest within 30 days). For quick processing, always include a copy of the purchase invoice/confirmation email with the notification ‘cancellation’ and your bank account [credit card] number.

Consequences of applying the cooling off period:

In the correct application of the cooling off period, both parties are obligated to undo the actions made by both parties. If the buyer is not able to return the received product, or only return part of it, or if he returns it in deteriorated condition, he will have to compensate the decrease in value. This does not apply, however, if the decrease in value can be attributed exclusively to checking the received products, in the way this would have been possible in a shop, for example. The buyer can limit the risk of decrease in value if he does not use the items and does not do anything that may affect the value of the product.

If, the buyer has received a wrong or defective product, this must be reported to Marionicci.com within a reasonable time after discovery of this. The buyer is obligated to inspect the delivered products immediately after receipt and report any defects found, in writing or by email, to Marionicci.com.

 

Art. 6

Orders/ communication
A) Marionicci.com is not liable for damages, misunderstandings, delays or inappropriate transfer of orders and notifications resulting from use of the internet or any other means of communication between you and Marionicci.com, or between Marionicci.com and third parties, unless there is malicious intent or gross negligence on the part of Marionicci.com.

Art. 7

Force majeure

A) Without prejudice to its other rights, in the event of force majeure, Marionicci.com has the right to, at its own discretion, suspend processing of your order, or to cancel the agreement without legal intervention, by informing you of this in writing and without Marionicci.com being obligated to pay any damages, unless this would be unacceptable in the given circumstances according to general reasonableness and fairness.

B) Force majeure means any shortcoming that cannot be attributed to Marionicci.com, because it is not attributable to any fault of theirs and does not come under its obligations, according to legislation or according to generally accepted norms.

 

Art. 8

Various

A) If you provide a written statement of an address to Marionicci.com, Marionicci.com has the right to send all orders to that address, unless you provide another address to Marionicci.com where you wish to have the orders sent.

B) If deviations to these terms of delivery are permitted by Marionicci.com for a short or longer period of time, tacitly or specified, this shall not affect its right to still demand immediate and strict compliance with these terms of delivery. You can never derive any right from the fact that Marionicci.com may be flexible in applying these terms of delivery.

C) If one or more of the provisions in these terms of delivery or any other agreement with Marionicci.com are in conflict with any applicable legal regulation, the provision in question shall be cancelled and replaced by comparable new, legally admissible provisions to be determined by Marionicci.com.

 

Art. 9

Applicable law and authorised court

A) Dutch law applies exclusively to all rights, obligations, orders and agreements applicable to these terms of delivery as well as to these terms of delivery.

B) Any disputes between the parties shall be presented exclusively to the authorised court in Haarlem and if the legal agency is not in Haarlem, then to the court authorised for this in the Netherlands.



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