Terms and Conditions

Table of Contents

1. Definitions
2. Identity of the Business
3. Applicability
4. The Offer
5. The Agreement
6. Right of Withdrawal
7. Costs in Case of Withdrawal
8. Exclusion of the Right of Withdrawal
9. The Price
10. Compliance and Warranty
11. Delivery and Execution
12. Duration Transactions: Term, Termination, and Renewal
13. Payment
14. Complaints Procedure
15. Disputes
16. Additional or Deviating Provisions

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Article 1 - Definitions

In these terms and conditions:

• Cooling-off Period: The period during which the consumer can exercise their right of withdrawal;
• Consumer: A natural person not acting in the exercise of a profession or business who enters into a distance contract with the business;
• Day: Calendar day;
• Duration Transaction: A distance contract for a series of products and/or services, with delivery and/or purchase obligations spread over time;
• Durable Data Carrier: Any means that allows the consumer or business to store information addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information;
• Right of Withdrawal: The ability for the consumer to withdraw from the distance contract within the cooling-off period;
• Model Form: The model form for withdrawal provided by the business that a consumer can use if they wish to exercise their right of withdrawal;
• Business: Guillermo-Forchino.com, offering products and/or services to consumers at a distance;
• Distance Contract: An agreement where, as part of a system for distance selling of products and/or services organized by the business, only one or more means of distance communication are used up to and including the conclusion of the agreement;
• Means of Distance Communication: Means that can be used to conclude an agreement without the consumer and the business being in the same space at the same time;
• Terms and Conditions: These general terms and conditions of the business.

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Article 2 - Identity of the Business

Guillermo-Forchino.com
Prozeeweg 167, 3525BW Utrecht, The Netherlands
Phone: +31 (0)6 12345678
Email: info@guillermo-forchino.com
Chamber of Commerce Number: 12345678
VAT Identification Number: NL123456789B01

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Article 3 - Applicability

1. These terms and conditions apply to every offer of the business and to any distance contract concluded between the business and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the business will indicate how the terms can be viewed and that they will be sent free of charge at the consumer's request.
3. If the distance contract is concluded electronically, these terms and conditions may be made available electronically in such a way that the consumer can store them on a durable data carrier. If this is not possible, the consumer will be informed of where they can view them electronically and that they can be sent free of charge at their request.
4. If specific product or service terms also apply, the second and third paragraphs apply, and the consumer can invoke the most favorable provision in case of conflicting terms.
5. Situations not covered by these terms and conditions will be assessed in the spirit of these terms.
6. Ambiguities in the interpretation of one or more provisions of these terms will also be assessed in the spirit of these terms.

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Article 4 - The Offer

1. If an offer is subject to a limited validity period or conditions, this will be explicitly stated.
2. The offer is non-binding, and the business reserves the right to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. Descriptions are detailed enough to allow the consumer to make an informed decision. Images provided are truthful representations of the products and/or services. Obvious errors or mistakes do not bind the business.
4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
5. Each offer includes information that makes the consumer's rights and obligations clear upon acceptance, including but not limited to:
   • Price, including taxes;
   • Delivery costs;
   • Method of agreement conclusion and required actions;
   • Applicability of the right of withdrawal;
   • Payment, delivery, and execution methods;
   • Duration of the offer or price guarantee;
   • Whether the contract will be archived and how it can be accessed;
   • Means for correcting input errors before agreement conclusion;
   • Available languages for the agreement;
   • Applicable codes of conduct and how they can be accessed electronically.

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Article 5 - The Agreement

1. The agreement is concluded when the consumer accepts the offer and complies with the specified conditions.
2. If acceptance occurs electronically, the business will confirm receipt promptly. Until receipt is confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the business will ensure secure data transmission and a safe web environment. For electronic payments, appropriate security measures will be implemented.
4. The business may investigate the consumer's ability to meet payment obligations and other factors necessary for responsible contract conclusion. If justified, the business may refuse or impose conditions on the agreement.
5. Relevant information, such as the business address, withdrawal terms, and guarantee information, will be provided to the consumer.
6. Agreements are subject to sufficient product availability.

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Article 6 - Right of Withdrawal

1. The consumer has the right to dissolve the agreement within a 14-day cooling-off period without providing reasons.
2. The cooling-off period starts the day after the consumer or a third party appointed by the consumer (other than the carrier) receives the product.
3. During the cooling-off period, the consumer must handle the product and packaging with care, only unpacking or using it to the extent necessary to assess the product.
4. To exercise the right of withdrawal, the consumer must notify the business using the model form or another unambiguous statement within the cooling-off period.

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Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises the right of withdrawal, they are only responsible for the return shipping costs unless otherwise specified.
2. If the business has incurred delivery costs, these will not be refunded unless otherwise agreed.
3. Refunds will be made using the same payment method unless the consumer agrees otherwise.

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Article 8 - Exclusion of the Right of Withdrawal

1. The business can exclude the right of withdrawal for products such as:
   • Custom-made or personalized items;
   • Perishable goods;
   • Sealed items that are unsuitable for return due to health or hygiene once unsealed.
2. Exclusion must be clearly stated before the agreement is concluded.

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Article 9 - The Price

1. Prices will not change during the validity of the offer unless due to legal changes.
2. Price increases within three months are only allowed for legal reasons or if agreed upon with the consumer.
3. All prices include taxes and additional costs are clearly stated.

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Article 10 - Compliance and Warranty

1. The business guarantees that the products meet the contract, specifications, and reasonable requirements of reliability.
2. Defects must be reported promptly. The consumer is entitled to repair, replacement, or refund depending on the situation.

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Article 11 - Delivery and Execution

1. Products will be delivered promptly, within 30 days unless agreed otherwise.
2. The risk of damage or loss lies with the business until delivery to the consumer.

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Article 12 - Duration Transactions: Term, Termination, and Renewal

1. Duration contracts can be terminated by the consumer with notice as stipulated in the agreement.
2. Renewal terms will be clearly communicated and must allow consumer flexibility to cancel.

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Article 13 - Payment

1. Payments must be made within the agreed timeframe.
2. The consumer is responsible for providing accurate payment details.

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Article 14 - Complaints Procedure

1. Complaints must be reported promptly and will be addressed within 14 days.
2. Unresolved complaints can be escalated to an independent dispute resolution body.

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Article 15 - Disputes

1. These terms and agreements are governed by Dutch law.
2. Disputes will be settled in the consumer’s jurisdiction or as agreed.

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Article 16 - Additional or Deviating Provisions

1. Additional provisions should not disadvantage the consumer and must be recorded in writing.