Conditions Capanni Lifestyle and Arte di Vita
- Definitions and applicability
1.1 These general conditions shall apply to:
a. Customer: all third parties who have bought by the webshop a product from Capanni Lifestyle.
b. Contract: any contract of sales between Capanni Lifestyle as the seller and each Customer as a buyer created, or any amendment and supplement thereto.
c. Product : a product offered on the Website by Capanni Lifestyle for sale.
d. Capanni Lifestyle: ownership by Paul Beemsterboer or Capanni Lifestyle, established (3831 EL)Leusden, Essex 23, registered at the Chamber of Commerce number 3104.6900.
e. Terms : these terms of sale of Capanni Lifestyle.
f. Website: the website [www.capanniteam.eu ] and all other Capanni Lifestyle websites belonging to other URLs that refer to this website or have a similar content.
1.2 These Terms form part of any contract and are applicable to all (legal ) acts of Capanni Lifestyle and the Customer pursuant to the Agreement .
1.3 Deviations and / or additions to any provision in an agreement and / or the Conditions of Sale apply only if they are in writing and relate only to the relevant Agreement.
- Conclusion of the Agreement2.1 Quotations and offers on the website, in brochures and other advertising materials are subject and apply only as an invitation to place an order.
2.2 A contract is only concluded when Capanni Lifestyle confirms this by email given by customer after receiving the order from the customer. When placing the order the amount owed to be paid by the customer is not paid in full or within a short time thereafter is credited, the order will be automatically canceled and there will be no Agreement .
2.3 All statements by Capanni Lifestyle of weights and / or other indications of the products are carefully done. However Capanni Lifestyle does not guarantee that the absence of deviations will occur. Errors such as printing, typesetting or programming errors on the website, in the Capanni Lifestyle brochure or other advertising do not bind Capanni Lifestyle. Shown or provided models or images are non-binding indications of the relevant products.
2.4 When Products from Capanni Webshop collection are handmade there might occur deviations in size, structure, color and finish in relation to the displayed or exhibited copies.
- Prices and Payments
3.1 All prices on the website are, unless otherwise indicated in euros and are “te be delivered Ex Works Leusden”. All amounts , unless otherwise stated , including 21 % VAT , but excluding other government levies and exclusive costs of delivery.
3.2 Directly when placing the order by the customer the amounts due must be paid in a manner as indicated on the website.
3.3 Changes in price as well as the publication of erroneous prices and model are reserved. This includes also publishing erroneous prices by a third party. No rights can be derived from this omissions.
3.4 The transaction payments with Ideal and / or Mastercard are charged separately and will be paid by the customer .
4.1 Capanni Lifestyle will treat each order with great care. The delivery time indicated on the website will be taken as much as possible into account by Capanni Lifestyle, but is not a fatal term.
4.2 It is not possible to determine the date and time of delivery. Delivery in principle will take place on weekdays between 9:00 am and 17:00 pm.
4.3 Exceeding the delivery time specified , the customer has no right to any compensation in this respect. The customer has no right in this case to terminate the agreement, unless the delay is longer than 30 weeks after confirmation of the order .
4.4 If compliance is impossible because the purchased product is not available , the customer will be informed as soon as possible and he is entitled to free refund of the amount paid by him to Capanni Lifestyle. The refund will be made as soon as possible and in any event within fourteen days after notification.
- Delivery, transport and risk
5.1 Delivery takes place at the address specified by the customer when ordering or the delivery address or Capanni Lifestyle specified pickup address. The website indicates the mode of delivery.
5.2 The products are delivered to the customer on a location outside the Netherlands only if the opportunity is expressly stated on the website. Capanni Lifestyle is however entitled at any time, without being necessary for conclusion of the agreement for any reason whatsoever to determine that there can not be delivered outside the Netherlands to the delivery address of the customer without being obliged to pay any compensation. In that case Capanni Lifestyle will inform the customer by e – mail and if no alternative delivery address can be found, the agreement will be dissolved.
5.3 If the delivery address is outside the Netherlands , the customer is responsible for the (additional) delivery costs, turnover tax and importtaxes.
5.4 If delivery because of the situation on the delivery address and/or size of the product is not possible, in consultation with the client:
a. the packaging removed, leaving all potential risk or harm to the customer;
b. a new delivery date agreed, if using tools (such as a moving lift), delivery than can be expected or may occur, in which case the costs of re-delivery, including any rental of additional resources come for the account of the customer, or
c. canceling of the sale, in which case the customer is due cost of the delivery to Capanni Lifestyle.
5.5 The risk during transport of the product purchased by the customer is for Capanni Lifestyle or engaged by its third parties . The risk relating to the product transfers to the customer at the time of delivery of the product or the time that can reasonably be considered as the delivery.
5.6 If the customer does not take the purchased at the place and time of delivery, he is in default without notice. Capanni Lifestyle is then entitled to store the product at costs and risk of the customer. The customer fully remains to be paid the purchase price, plus interest and costs.
5.7 For delivery by TNT there are maximum dimensions of 1.78 x 0.78 x 0.58 to 30 Kg . Moreover a suitable solution will be found in consultation with the customer.
- Force Majeure and / or special circumstances
6.1 Capanni Lifestyle is not obliged to fulfill any obligations to the customer if prevented from doing so due to a circumstance that is not her fault , either under law, legal action or generally accepted for its account. Circumstances referred to in the preceding sentence does not include or limit operation of the website and mail servers Capanni Lifestyle and disruptions in the Internet.
- Assortment7.1 Capanni Lifestyle reserves the right to modify a product that is included in its range or part thereof or to take it out of supply.
The purchased is warranted against manufacturing defects during 6 months after delivery provided that a receipt is submitted. The products of Capanni Lifestyle are mostly one-offs and handwork, so small differences in color, finish and dimensions may arise. Complaints must be visible, perceptible, even when delivered to the attention of the carrier and by endorsement on the delivery note. Complaints about non-visible defects must be made within eight days after delivery and to be communicated in writing to Capanni Lifestyle .
- Warranty Terms
9.1 Up to 6 months after the invoice date or delivery, the cost of repair or replacement, including freight and travel come on behalf of the Capanni Lifestyle but not before this has been discussed between buyer and seller in written agreement.
9.2 Fracture in glass and pottery are excluded from the warranty as well as wear and failure for other than domestic and/or improper use of the product.
9.3 The buyer has the right to replacement of the product only if the damage can not be repaired until a reasonable extend to be decided by Capanni Lifestyle.
- Liability and Indemnification
10.1 Capanni Lifestyle is only liable if damage for the customer or third parties is caused by its intent or gross negligence or circumstances on the basis of statutory rules. Capanni Lifestyle is not liable for consequential damages, indirect damages and profits or turnover.
10.2 Capanni Lifestyle is not liable for any damage or injury to the customer or third parties arising from the use of the product (or its packaging ), or of any failure of Capanni Lifestyle, its employees or by third parties engaged.
10.3 Notwithstanding the above Capanni Lifestyle will be liable to the customer in the case of damage only for the total amount of the value of the purchased product and thus limited.
- Intellectual Property Rights
11.1 The Customer acknowledges that all intellectual property rights in respect of the products offered by Capanni Lifestyle, such as copyright and design law, are vested by Capanni Lifestyle and its suppliers or other claimants.
11.2 The customer is prohibited to use the intellectual property rights as described in this article, such as by copying , without the expressed prior and written consent of Capanni Lifestyle, its suppliers or other claimants.
12.1 The Agreement and these Terms are subject to Dutch law only. The provisions of the Vienna Merchant treaty are excluded at any time.
12.2 Disputes between the customer and Capanni Lifestyle about the creation or implementation of agreements may be submitted to the competent court in the district where Capanni Lifestyle is located by both customer or Capanni Lifestyle.
12.3 Amicable dispute resolution will be at first started for settlement of any conflict.
- Terms and conditions
13.1 Unless stated otherwise for all special offers only 2 items for each customer.
13.2 Special offers are subject to availability.
13.3 Special offers can not be combined with other offers.
13.4 All special offers will be valid for one day unless otherwise noted.
Although this website is maintained with the utmost care, users of this site cannot derive any right or claim regarding the accuracy and completeness of the content. All product information, prices and shipping costs are shown under explicit reservation, we reserve all rights for changes or adjustments to be made on general information, dimensions, product prices and shipping costs if the information displayed is incorrect or not shown at all.
Legal claims can only be derived from the Dutch version of these conditions.