Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Read all about the cooling-off period.
Consumer: the natural person who does not act in the course of a profession or business and enters into a
distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services,
the delivery and/or performance obligations of which are spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally
in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can fill
in when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur
for the distance selling of products and/or services, up to and including the conclusion of the contract using one or more means
of distance communication;
Means of distance communication: any means that can be used for concluding a contract without the consumer and
entrepreneur being physically present in the same space simultaneously.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Milano officially
Leuven België
Article 3 – Applicability
These general terms and conditions apply to every offer made by the
entrepreneur and to every contract concluded at a distance and
orders between the entrepreneur and the consumer.
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, it shall be indicated before the distance
contract is concluded that the general terms and conditions are
available for inspection at the entrepreneur’s premises and will be
sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the
previous paragraph and before the distance contract is concluded,
the text of these general terms and conditions can 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, it shall be indicated before the distance
contract is concluded where the general terms and conditions can be
accessed electronically and that they will be sent to the consumer
free of charge upon request either electronically or in some other way.
In the event that, in addition to these general terms and
conditions, specific product or service conditions also
apply, the second and third paragraphs apply mutatis
mutandis and the consumer can always invoke the applicable
provision that is most favorable to him in the event of
conflicting general terms and conditions.
If one or more provisions in these general terms and conditions
are null and void or are annulled at any time, the agreement and
these terms and conditions will remain in force for the rest and
the relevant provision will be replaced immediately by a provision
that approaches the intention of the original as closely as
possible in mutual consultation.
Situations not provided for in these general terms and
conditions shall be assessed ‘in the spirit’ of these
general terms and conditions.
Uncertainties about 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
If an offer has a limited validity period or is subject to
conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer includes a complete and accurate description of
the products and/or services offered. The description is
detailed enough to enable the consumer to make a proper
assessment of the offer. If the entrepreneur uses images,
these are a truthful representation of the offered products
and/or services. Obvious errors or mistakes in the offer do
not bind the entrepreneur.
All images, specifications, and data in the offer are
indicative and cannot give rise to compensation or
termination of the agreement.
Images accompanying products are a truthful representation
of the offered products. The entrepreneur cannot guarantee
that the displayed colors exactly match the real colors of
the products.
Each offer contains information in such a way that it is clear to the consumer
what the rights and obligations are that are associated with accepting
the offer. This concerns in particular: the price including taxes; any
shipping costs; the manner in which the agreement will be concluded
and what actions are required for this; whether or not the right of
withdrawal applies; the method of payment, delivery, and performance
of the agreement; the deadline for accepting the offer, or the period
within which the entrepreneur guarantees the price; the amount of the
rate for remote communication if the costs of using the remote
communication technology are calculated on a basis other than the
regular basic rate for the used communication medium; whether the
agreement will be archived after its conclusion, and if so, how it
will be accessible to the consumer; the way in which the consumer,
before concluding the agreement, can check and, if desired, correct
the information provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement
can be concluded; the codes of conduct to which the entrepreneur
has submitted and the way in which the consumer can consult these
codes of conduct electronically; and the minimum duration of the
remote agreement in the case of a long-term transaction.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by
the consumer of the offer and compliance with the conditions stipulated therein.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt
of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this
acceptance, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and
organizational measures to secure the electronic transmission of data and ensures a secure web environment.
If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this
purpose.
Within the legal framework, the entrepreneur can ascertain whether the consumer can fulfill his payment
obligations, as well as all those facts and factors that are important for a responsible conclusion of the
distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter
into the agreement, he is entitled to refuse an order or request with reasons or
to attach special conditions to its execution.
The entrepreneur shall send the following information to the consumer with the product or service,
in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable
data carrier: the visiting address of the entrepreneur’s establishment where the consumer can address
complaints; the conditions under which and the manner in which the consumer can exercise the right of
withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; information about
warranties and existing after-sales service; the data mentioned in Article 4, clause 3 of these terms and
conditions, unless the entrepreneur has already provided this information to the consumer before the
execution of the agreement; the requirements for terminating the agreement if the agreement has a duration
of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in
the previous clause applies only to the first delivery.
Every agreement is concluded subject to the suspensive condition of
sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
In the purchase of products, the consumer has the option to dissolve the agreement without stating reasons
within 14 days. This cooling-off period starts on the day after the consumer or a previously designated
representative known to the entrepreneur receives the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care.
He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the
product. If he exercises his right of withdrawal, he shall return the product with all accessories provided
and, if reasonably possible, in its original condition and packaging to the entrepreneur, following the
reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur
within 14 days of receiving the product. The consumer must do this by using the model withdrawal form or
by any other means of communication such as email. After the consumer has notified the entrepreneur of
his intention to exercise his right of withdrawal, the customer must return the product within 14 days.
The consumer must prove that the goods have been returned on time, for example by means of proof of shipment.
If the customer has not notified his intention to exercise his right of withdrawal within the periods
mentioned in clauses 2 and 3, respectively, or has not returned the product to the entrepreneur,
the purchase is considered final.
In the case of the provision of services:
In the provision of services, the consumer has the option to dissolve the agreement without stating
reasons for at least 14 days, starting from the day the agreement is entered into.
To exercise his right of withdrawal, the consumer shall adhere to the reasonable and clear
instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, the maximum
cost of returning the goods shall be borne by him.
If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible,
but no later than 14 days after the withdrawal. However, this is conditional upon the product having
already been received back by the online retailer or conclusive evidence of complete return shipment
being provided. The refund will be made using the same payment method used by the consumer unless the
consumer expressly agrees to another payment method.
In the event of damage to the product due to careless handling by the consumer himself, the consumer is
liable for any decrease in value of the product.
The consumer cannot be held liable for any decrease in the value of the product if the entrepreneur
has not provided all legally required information about the right of withdrawal, which must be
provided before the conclusion of the purchase agreement.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in clauses 2 and 3.
The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in
the offer, at least in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products that: have been made to the consumer’s
specifications by the entrepreneur; are clearly of a personal nature; cannot be returned due to their nature;
are liable to deteriorate or expire rapidly; whose price is dependent on fluctuations in the financial market over
which the entrepreneur has no control; for individual newspapers and magazines; for audio and video recordings and
computer software if the consumer has broken the seal; for hygiene products if the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, catering, or
leisure activities to be performed on a specific date or during a specific period; the delivery of which has
commenced with the explicit consent of the consumer before the expiration of the cooling-off period; concerning
bets and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered shall
not be increased, unless price changes result from changes in VAT rates.
In deviation from the previous clause, the entrepreneur may offer products or services with variable
prices which are tied to fluctuations in the financial market and over which the entrepreneur has no
influence. The dependency on fluctuations and the fact that any prices mentioned are indicative shall
be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they
result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if
the entrepreneur has stipulated this and: they result from statutory regulations or provisions; or
the consumer has the authority to terminate the agreement from the day on which the price increase
takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences
of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur
is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications
stated in the offer, with the reasonable requirements of soundness and/or usability, and with the legal
provisions and/or government regulations existing on the date of the conclusion of the agreement.
If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s
statutory rights and claims under the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within
2 months of delivery. The products must be returned in their original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However,
the entrepreneur is never responsible for the ultimate suitability of the products for every individual
application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if: the consumer has repaired and/or modified the delivered products
themselves or has had them repaired and/or modified by third parties; the delivered products have been
exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the
entrepreneur and/or the packaging instructions; the defectiveness is wholly or partially the result of
regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products and
when assessing requests for the provision of services.
The consumer’s address provided to the company shall be considered the place of delivery.
Subject to the provisions of clause 4 of this article, the company will execute accepted orders
promptly and in any case within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer
shall be notified of this no later than 30 days after placing the order. In such case, the consumer has
the right to terminate the agreement at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any specified deadlines.
Exceeding a deadline does not entitle the consumer to compensation.
In the event of termination in accordance with clause 3 of this article, the entrepreneur shall refund
the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a
substitute item. It will be clearly and comprehensibly stated at the latest upon delivery that a
substitute item is being provided. The right of withdrawal cannot be excluded for substitute items.
The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to
the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-term Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period and which involves
the regular delivery of products (including electricity) or services at any time, observing any
agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which involves the
regular delivery of products (including electricity) or services at any time towards the end of
the specified duration, observing any agreed termination rules and a notice period of no more than
one month.
The consumer may terminate the agreements mentioned in the preceding clauses: at any time without
being restricted to termination at a specific time or during a specific period; terminate them at
least in the same manner as they were entered into; always terminate them with the same notice
period as agreed upon by the entrepreneur for themselves.
Renewal
An agreement entered into for a definite period and which involves the regular delivery of products
(including electricity) or services may not be tacitly renewed or extended for a definite duration.
Notwithstanding the preceding clause, an agreement entered into for a definite period and which involves
the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a
definite duration of up to three months if the consumer can terminate this renewed agreement towards
the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and which involves the regular delivery of products or
services may only be tacitly renewed for an indefinite duration if the consumer can terminate it at
any time with a notice period of no more than one month, and with a notice period of no more than three
months in the case the agreement involves the regular, but less than monthly, delivery of daily, news,
and weekly newspapers and magazines.
An agreement with a limited duration for the purpose of the regular introductory delivery of daily,
news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly
renewed and shall automatically terminate upon the expiration of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any
time after one year with a notice period of no more than one month, unless fairness and equity oppose
termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start
of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the
provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the provided or stated payment details to the
entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to legal limitations,
to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in
accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly
described within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day
period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed
response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is
subject to the dispute resolution procedure.
In the event of complaints, the consumer must first contact the entrepreneur. It is also possible to
submit complaints via the European ODR platform (http://ec.europa.eu/odr). Currently, the webshop is not
affiliated with a recognized dispute resolution body.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur
indicates otherwise in writing.
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
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which
these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Additional or deviating provisions 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 medium.