Terms & Conditions
- Article 1. Definitions
- Article 2. Applicability
- Article 3. Agreements
- Article 4. Prices
- Article 5. Payments
- Article 6. Shipment
- Article 7. Reservation of title
- Article 8. Exchange / return of products
- Article 9. Complaints
- Article 10. Liability
- Article 11. Force majeure
- Article 12. Applicable law and competent court
Article 1. Definitions
1.1 General Terms and Conditions (hereinafter referred to as: the ‘Terms and Conditions’): the following delivery and payment terms and conditions are applicable to all sales via ArtuNapoli.com. You agree with this when you place an order.
1.2 Company: ArtuNapoli.com (hereinafter referred to as: ‘ARTU NAPOLI Rotterdam’) is a trade name of ARTU NAPOLI Rotterdam and is an online shop that offers clothing and related products for ‘distance selling’ to consumers.
Fashion Republic Retail B.V. conducts trade under the name Artu Napoli Rotterdam.
Fashion Republic Retail B.V. is registered with the Chamber of Commerce for Southwest Netherlands under number 55408443 and VAT number NL851695097B01.
1.3 Consumer: a natural person or company that concludes a distance agreement with the entrepreneur.
1.4 Agreement: a distance agreement between ARTU NAPOLI Rotterdam and the consumer.
Article 2. Applicability
2.1 These terms and conditions are applicable to each and every offer of ARTU NAPOLI Rotterdam and to each and every distance agreement concluded by and between the company and the consumer.
2.2 These Terms and Conditions are applicable to any and all proposals, orders and agreements concluded whilst making use of the website ArtuNapoli.com
2.3 Before the distance agreement is concluded these terms and conditions are made available via our website. The acceptance of a proposal, or the placing of an order, implies that these terms and conditions have been accepted.
2.4 It is exclusively possible to deviate from the provisions set forth in these terms and conditions in writing. In case of deviation from a part of these terms and conditions the remaining provisions shall remain in full force and effect. The consumer cannot derive any rights from possibly stipulated deviations in relation to future transactions.
2.5 Unless stipulated otherwise in writing, the general or special terms and conditions or stipulations of third parties are not acknowledged by ARTU NAPOLI Rotterdam.
Article 3. Agreements
3.1 An agreement is only concluded after acceptance of your order by ARTU NAPOLI Rotterdam. ARTU NAPOLI Rotterdam shall be authorised to reject orders or to impose certain conditions on the delivery, unless expressly determined otherwise. If an order is not accepted then this is, stating the reasons thereof, communicated within seven (7) working days after receipt of the order.
Article 4. Prices
4.1 All proposals of ARTU NAPOLI Rotterdam are subject to contract. ARTU NAPOLI Rotterdam expressly reserves the right to change the prices, in particular if this is required on the basis of (statutory) regulations.
4.2 The indicated prices for the offered products are expressed in EUR, including VAT. Shipping costs are (unless indicated otherwise) not included in the indicated prices. Prior to the conclusion of the agreement the total price is communicated via our website.
4.3 Shipping costs are not charged for shipments within the Netherlands and Belgium. The contribution towards the shipping costs for customers from countries other than the Netherlands and Belgium depends on the country. An overview of these costs per country is available upon request.
4.4 ARTU NAPOLI Rotterdam cannot be bound by price indications that are incorrect, for instance due to data entry mistakes, errors in writing or printing errors. Rights cannot be derived from unlawful price information.
Article 5. Payments
Payment always takes place in advance and in full and is processed by MultiSafepay.
Payment can be effectuated in different manners as outlined below and as indicated during the ordering process. Further (payment / ordering) conditions can be imposed on the order of a consumer. After an order has been placed the consumer immediately receives a confirmation by email stating the total costs.
iDeal: If you use internet banking of ABN AMRO, ASN Bank, Friesland Bank, ING, Rabobank, SNS Bank, SNS Regio Bank or Tridios Bank then you can securely pay your order electronically via our website.
An electronic payment via the internet can be compared with a PIN payment in a shop. After you have placed your order you opt for the iDeal payment method. A window opens where you can select the bank of your online banking. You then follow the procedure that you are used to when payment via internet banking. The payment is basically processed on the same day. For more information we refer you to the website of iDeal.
Direct and online by means of a credit card payment (Maestro / Mastercard / Visa / Vpay).
Your payment is authorised online in order that you immediately know of it is approved or not. Additional costs are not charged for payments with a credit card.
Bancontact / Mr Cash
This is a payment method specifically for our Belgian customers. Simply via your own bank with bank card. Safe and secure!
When paying you opt for Bancontact / Mister Cash in the shopping cart, you enter your card number and the expiry date of the payment (debit) card. Then the window of your own bank appears as you are used to and you can then enter the other data for further identification.
Mister Cash is an online payment system for Belgian customers. At the moment well over 90% of the Belgian banks have been affiliated with this online payment system. The payments with Bancontact / Mister Cash on the internet are secured in an optimal fashion as you are used to of your own bank (usually by means of a digipass or card reader). This is a security module provided to you by your bank if you use internet banking. The amount is immediately debited from your current account and we are immediately informed by your bank in order that your order can probably also be shipped on the same day (depending on the time).
In case of insolvency or suspension of payment of the consumer (or a corresponding petition or request) the claims of ARTU NAPOLI Rotterdam shall immediately fall due.
If ARTU NAPOLI Rotterdam must outsource its claim for collection then the consumer is liable to pay a fixed amount equal to 15% of the payable principal sum on account of extrajudicial collection costs. If ARTU NAPOLI Rotterdam can demonstrate that it has necessarily incurred higher costs then these costs shall also be at the expense of the consumer.
Article 6. Shipment
6.1 Delivery is free of charge for shipment within The Netherlands and Belgium, except if an order includes discounted products and/or the total order amount is less than EUR 100.00. The contribution towards the shipping costs for customers from countries other than the Netherlands and Belgium depends on the country. An overview of these costs per country is available upon request.
Any and all products from the online shop are available from stock. Unfortunately it can occur that a product is unexpectedly no longer available; in that case we shall forthwith inform the consumer accordingly.
6.2 ARTU NAPOLI Rotterdam aims to ship all orders at the latest within 1 to 3 working days after receipt of the payment. This happens via UPS or POST.NL to the delivery address specified during the ordering process. Should the delivery time, for certain reasons, be different then the consumer receives a notification of the same by email. However, an order shall basically always be shipped within 1 to 3 working days after receipt of the payment.
6.3 Overstepping of the aforementioned delivery time shall not entitle the consumer to compensation, dissolution of the agreement or non-compliance with any obligation that would derive from this agreement or from any agreement related to the same on the part of the same.
6.4 The order must have been delivered to the consumer at the latest within 30 days after the order. Should it not be possible to deliver an order within 30 days then the consumer is informed accordingly in a timely fashion and the consumer shall in that case be entitled to cancel the order free of charge. This does not apply if the parties have agreed on a different delivery time.
6.5 Delivery in parts is permitted.
6.6 The delivery obligation of ARTU NAPOLI Rotterdam shall have been met as soon as the delivery has been offered once.
6.7 If the offered delivery is rejected or not picked up then the return freight and storage charges as well as the risk of damage to or loss of the shipment shall fully be at the expense of the consumer.
6.8 Offered products are depicted and/or described clearly and truthfully and as completely as within reason required. It can, however, occur that colour, type, text and/or price changes differ from reality.
6.9 ARTU NAPOLI Rotterdam shall never be liable for consequential damages.
Article 7. Reservation of title
7.1 The title of delivered products shall only transfer to the consumer if the latter paid everything that the same is liable to pay to ARTU NAPOLI Rotterdam in pursuance of the agreement(s) concluded with regard to the delivered products.
Article 8. Exchange / return of products
8.1 We make every effort to inform you about the products via our website. Should you nonetheless wish not to purchase a product without stating reasons why then you are entitled to return and/or exchange the product within 7 working days after receipt of the order.
8.2 During this time limit the consumer shall handle the product and the packaging diligently. The consumer shall only unpack the product to the extent that this is required in order to assess as to whether he or she intends to keep the product. Should he or she wish to rely on his or her return to exchange then he or she shall return the product with all included accessories to the entrepreneur and where reasonably possible undamaged and in the original state and packaging, in conformity with the provide reasonable and clear instructions.
8.3 ARTU NAPOLI Rotterdam only accepts exchanges / returns for which the instructions have been followed. Exchanges that have not been received within the imposed time limit are not accepted.
8.4 Your return shipment shall be confirmed by email after receipt of the goods. The purchase amount of the exchange shall be repaid to the account from which the amount was debited within 14 working days.
Article 9. Complaints
Complaints with regard to the delivery and/or quality of your order.
9.1 We make every effort to deliver a perfect product. After receipt of your order you must immediately inspect the delivered goods and immediately report possibly detected defects in writing. If a piece of clothing has not been delivered in conformity with your order or does not comply with the description on our website then you must report this to us by return of post. You can do this by sending an email to firstname.lastname@example.org.
This warranty expires if you personally tried to remedy the defect and/or did not follow the user manual and/or the user instructions.
If you have this kind of complaint about a product that you purchased from us then we would like to hear from you. You must report this to us by return of post. You can do this by sending an email to email@example.com.
We shall try to solve the problem as soon as possible in consultation with you. In all instances the instructions for the return, as you receive these when reporting your complaint, must be followed exactly.
In order to ensure that the handling of your complaint proceeds smoothly we request you to comply strictly with our instructions.
Article 10. Liability
10.1 Each and every liability of ARTU NAPOLI Rotterdam, of staff and products of ARTU NAPOLI Rotterdam, for any and all damages, of any nature whatsoever, direct or indirect, including trading losses, consequential damages, damages to movable or immovable property or to people, is expressly excluded. Nonetheless ARTU NAPOLI Rotterdam shall be liable for damages that are caused during the implementation of the agreement by third parties.
10.2 ARTU NAPOLI Rotterdam does not accept any liability for possible damages deriving from the use of the products of ARTU NAPOLI Rotterdam.
10.3 Each and every liability of ARTU NAPOLI Rotterdam vis-à-vis the buyer shall in any case be limited to at most the invoice amount that the buyer is liable to pay to ARTU NAPOLI Rotterdam on account of the relevant agreement.
10.4 ARTU NAPOLI Rotterdam shall not be liable for misunderstandings, mutilations, delays or improper transmissions of orders and communications as a result of the use of the internet or any other means of communication in the traffic between the consumer and ARTU NAPOLI Rotterdam or between ARTU NAPOLI Rotterdam and third parties to the extent related to the relationship between the consumer and ARTU NAPOLI Rotterdam, unless and to the extent that there would be question of intent or gross negligence on the part of ARTU NAPOLI Rotterdam.
Article 11. Force majeure
11.1 In case of force majeure ARTU NAPOLI Rotterdam shall, at its sole discretion, be entitled to suspend the implementation of the order of a consumer or to dissolve the agreement without judicial intervention such by means of a written notice and without ARTU NAPOLI Rotterdam being liable to pay any compensation, unless this would, in the given circumstances, be unacceptable according to the principles of reasonableness and fairness.
11.2 Force majeure is understood as any shortcoming that cannot be blamed on ARTU NAPOLI Rotterdam as it cannot be attributed to its negligence and must neither be at the expense of the same by law, a legal act or generally accepted practice.
Article 12. Applicable law and competent court
12.1 Dutch law is exclusively applicable to all rights, obligations, proposals, orders and agreements to which these terms and conditions are applicable as also by and between ARTU NAPOLI Rotterdam and the consumer to which these terms and conditions are related.
All rights are reserved. Nothing from these terms and conditions can be reproduced, copied, stored and/or distributed without our written consent.