Algemene Voorwaarden - Officina La Mosca

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 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery, execution and cancellation of an order
Article 12 - Duration transactions: duration, termination, cancellation and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
1. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
2. Day: calendar day;
3. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
4. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
5. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
6. Model form: the model withdrawal form made available by the trader which a consumer can fill in when he wants to exercise his right of withdrawal.
7. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
8. Distance contract: an agreement where, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
9. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
10. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
Officina La Mosca
Rue Neuve 2
3421 BT Oudewater
Email address: officina@la-mosca.com
CHAMBER OF COMMERCE: 74164058
VAT: NL001991638B58

Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall 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 are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible.
6. Situations not covered by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products on offer. Operator cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are necessary to do so;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;
the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and, if desired, rectify them;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colours, type of materials.

Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the 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 agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - investigate whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur will include 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 data carrier:
a. the visiting address of the trader's establishment to which the consumer can address complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales services;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal
On delivery of products:
1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and communicated to the entrepreneur.
2. During the reflection period, the consumer will handle the product and its packaging with care.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has stated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of dispatch.
4. If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
On provision of services:
5. When supplying services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.
6. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur on the offer and/or at the latest on delivery.

Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, at most the costs of return shipment shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after revocation. This is subject to the condition that the product has already been received back by Officina La Mosca.

Article 8 - Exclusion of the right of withdrawal
1. 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 only applies if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with consumer specifications;
b. that are clearly personal in nature;
c. those which by their nature cannot be returned such as electrical parts, batteries, resistors, sensors, lighting parts and other electrical parts or parts in contact with electrical parts, rims, sheet metal, exhaust parts and specially ordered parts which are not so-called stock items and for orders where the chassis/VIN number has not been specified and verification by Officina La Mosca is therefore not possible.
d. which spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for computer software of which the consumer has broken the seal.
h. for hygienic products whose seals have been broken by the consumer.

Article 9 - The price
1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they result from statutory regulations or provisions; or
b. the consumer is authorised to terminate the agreement as from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of misprints and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. 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 on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur within 24 hours of delivery, the customer/recipient is obliged to check the order for defects, completeness and any damage to the contents and article. Products must be returned in their original packaging and in new condition, if of course not an article that has been delivered damaged.
4. The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties as well as if they are already ordered and delivered modified;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.
6. A defect in an article, which has arisen from normal and judicious use, will be replaced free of charge by Officina La Mosca at the customer's written request within the warranty period of one week after purchase. Please note that this can only be assessed after we have received back the article that should be eligible for warranty. After this, we can assess whether the article can and may rightly be claimed and a new article will be sent free of charge as soon as possible. The customer must, however, prove beforehand, for example by means of a test printout, read-out report or other written proof issued by a recognised and certified body, that the part claimed is actually causing a malfunction and/or is defective and can therefore rightly be claimed under the manufacturer's warranty. This report and/or proof must be returned with the part in question so that the entrepreneur can submit it to the manufacturer.
Also, a part must be fitted at a certified company to be eligible for any warranty claim for that part.
In the event of a warranty claim, the manufacturer will at all times request the details of this company as well as the mileage installation/fitting of the relevant part and date
However, with regard to warranty claims, there are some exceptions such as spark plugs that have broken off due to assembly, batteries that are connected incorrectly and other items that, due to the buyer making the repair himself, become defective and/or show refusal not directly related to the purchased item/part, this is also the reason why the warranty on these types of items/parts is and remains limited to warranty on the ordered part only.
Officina La Mosca therefore advises having any ordered part fitted by a certified company.
Notification of damage, defect and/or incompleteness must be made immediately after delivery or within 24 hours. The recipient is obliged to check the received part/item for correctness of ordered part/damage/incompleteness e.g. due to transport or manufacturing error, so that this can be claimed from the respective parcel service (damage during transport), or the manufacturer.
Should the recipient report later than set deadline that the part has been received damaged or incomplete, unfortunately Officina La Mosca cannot take responsibility for this and the report will not be processed.
Should an item be delivered incorrectly/not suitable for relevant car type through the fault of Officina La Mosca, it is possible to exchange it within 14 days.
However, you should check within immediately upon receipt that the ordered item has actually been delivered and if not, notify us within 24 hours so that we can take action.
Exchanges are free of charge and shipping costs for both the return and new shipment will be borne by Officina La Mosca.
Exceptions include if the customer wishes to modify by ordering parts or accessories not fitted to the car at the factory, these cannot be eligible for exchange/return and Officina La Mosca cannot be held liable for any costs incurred to get modifications fitted to the customer's car.
Before purchasing an article, it is advisable to ask for the warranty period of a component and/or article by e-mail so that no misunderstandings can arise later, because there are two warranty periods depending on the part/accessory in question, namely 6 or 12 months. As a rule, electrical parts and accessories have a warranty period of 6 months.
Insofar as the manufacturer makes further exclusions in the manufacturer's warranty certificate, these limitations are assumed by Officina La Mosca.
In case of visible defects, the customer must return the article at Officina La Mosca's expense within the trial period, provided notification is made to Officina La Mosca within 24 hours, mentioning the defect.
For items sent by the customer on his own initiative, the transport costs shall be borne by the customer. In this case, Officina La Mosca shall not be liable for damages incurred during transportation.
With the exception of the normal guarantee on a part, Officina La Mosca and/or our suppliers shall not be liable to the purchaser. Officina La Mosca shall never be obliged to compensate any damage and/or costs incurred by the purchaser and/or third parties as a direct or indirect result of the delivery/use of the purchased article/part, the purchaser is obliged to indemnify Officina La Mosca as well as our suppliers for all claims made by third parties in this respect.
Stickers, lettering, stripings and window bands are not covered by the guarantee because they are applied by the customer. Officina La Mosca does, however, provide a guarantee on material defects and/or damage before use provided it can be shown that it is a manufacturing defect.
The customer shall notify Officina La Mosca by letter or e-mail within 24 hours of receiving the item. Should the complaint arrive later than this deadline, Officina La Mosca unfortunately cannot take any responsibility for this. Officina La Mosca advises to always have the above parts fitted by a certified company.

Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any deadlines mentioned. Exceeding a term does not entitle the consumer to damages.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination, cancellation and renewal
1. The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed-term, subject to agreed termination rules and a notice period not exceeding one month.
Concerning cancellation of an order placed in the webshop, cancellation is only possible if advance payment has been chosen and must be communicated within 24 hours, orders paid for through iDeal cannot be cancelled as well as specially ordered parts cannot be cancelled and cannot be exchanged/returned.
3. The consumer may terminate the agreements mentioned in the previous paragraphs; At any time and not be limited to termination at a specific time or period;
At least terminate in the same manner as they were entered into by him;
Always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
4. An agreement entered into for a definite period and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
6. A fixed-term contract that was concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure
1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints on the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is amenable to the dispute settlement procedure.
5. For complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be solved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution cannot be found, the consumer has the option to have his/her complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision is binding and both the trader and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that have to be paid by the consumer to the committee concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention shall not apply.

Article 16 - Additional or different 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 data carrier.

Privacy:
Officina La Mosca does not provide data to third parties without lawful reasons, or outside the purpose of its personal data registration, which would compromise the customer's privacy.

Images:
All images, drawings, data on dimensions, colours, etc. included and published on the Officina La Mosca website are approximate only and cannot be a reason for compensation and/or dissolution.
All designs, images, etc., created by or on behalf of Officina La Mosca, remain the property of Officina La Mosca and may not be copied or otherwise reproduced, shown to third parties or used in any way without written permission.

Applicable law:
Dutch law shall apply to every agreement between Officina La Mosca and the Buyer. In case of interpretation of the content and scope of these "General Terms and Conditions of Delivery", the Dutch text shall always prevail.

Other provisions:
For the consequences of misprints on the website or other forms of media, Officina La Mosca cannot accept any liability.
By placing an order, each customer declares his or her unreserved agreement to the above terms and conditions of sale.

Company and contact details:
Postal address:
Officina La Mosca
Rue Neuve 2
3421 BT Oudewater

E mail : officina@la-mosca.com
Bank : Knab bank
Account number : NL17KNAB0258701315
BIC : KNABNL2H
Chamber of Commerce : 74164058
VAT: NL001991638B58

Returns:
Please contact us at all times by e-mail before returning, (Returns are always at the customer's expense!) Officina La Mosca will give you any instructions and the return address.
Electronic parts and parts in contact with them are excluded from return!

These Terms and Conditions were last amended on 01-10-2020.

General terms and conditions