Terms and Conditions of Service
Article 1 – Definitions
In these Terms, the following definitions apply:
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Withdrawal Period: the time frame in which the consumer may exercise their right of withdrawal.
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Consumer: a natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
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Day: calendar day.
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Fixed-Term Contract: a distance contract relating to a series of products and/or services, whose delivery and/or purchase obligations are spread over a defined period of time.
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Durable Medium: any means that allows the consumer or entrepreneur to store information in a way that enables future consultation and unaltered reproduction of the stored information.
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Right of Withdrawal: the ability of the consumer to withdraw from the distance contract within the withdrawal period.
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Entrepreneur: the natural or legal person offering products and/or services to consumers remotely.
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Distance Contract: a contract concluded using one or more techniques of distance communication as part of a system for the remote sale of goods and/or services.
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Technology for Distance Communication: means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.
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General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the withdrawal period as referred to in Article 6(1). In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
The consumer is obligated to immediately report any inaccuracies in payment details provided or stated.
In case of non-payment, the entrepreneur reserves the right—within legal limits—to charge reasonable costs previously communicated to the consumer.
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these Terms will be made available to the consumer. If this is not reasonably possible, the consumer will be informed where the Terms can be reviewed and that they will be provided free of charge upon request.
If the contract is concluded electronically, these Terms may also be made available in electronic format, enabling storage on a durable medium.
If specific product or service conditions apply in addition to these Terms, those conditions apply alongside these Terms. In case of conflict, the consumer may always rely on the provision most favorable to them.
If any provision of these Terms is invalid or void, the remainder remains in force.
Article 4 – The Offer
If an offer is subject to a limited duration or conditions, this will be explicitly stated.
The entrepreneur reserves the right to modify or adapt the offer.
The offer will contain a clear and accurate description of the products and/or services, sufficient for the consumer to properly assess it. Images are intended as a faithful representation but may not guarantee exact accuracy in color or detail.
Each offer will include details about:
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Price (excluding customs duties and import VAT, which are the responsibility of the customer).
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Shipping costs.
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Method of conclusion.
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Applicability of withdrawal rights.
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Payment, delivery, and execution.
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Validity period of the offer or pricing.
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Contract storage and consumer access.
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Technical steps for correcting input errors.
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Other applicable languages.
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Duration of the contract (if applicable).
Article 5 – The Contract
The contract is concluded once the consumer accepts the offer and fulfills the conditions stated.
If accepted electronically, the entrepreneur will confirm receipt without delay. Until confirmed, the consumer may cancel.
The entrepreneur ensures secure transmission of electronic data and secure online payment processing.
The entrepreneur may check, within legal limits, the consumer’s ability to meet payment obligations. If there are valid reasons, the entrepreneur may refuse an order or attach special conditions.
The entrepreneur will provide, at the latest upon delivery:
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Business contact address for complaints.
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Terms for exercising withdrawal rights.
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Information on guarantees and customer service.
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Information required under Article 4(3).
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Termination conditions for contracts exceeding one year or indefinite contracts.
Article 6 – Right of Withdrawal
Consumers have the right to withdraw within 14 days without stating a reason. This period begins the day after receipt of the product.
During the withdrawal period, the consumer shall handle the product and packaging carefully and only use it as necessary to assess the product.
To exercise withdrawal rights, the consumer must notify the entrepreneur within 14 days in writing or via email. The consumer must then return the product within 14 days. Proof of timely return must be provided (e.g., tracking receipt).
If the consumer fails to notify or return the product within the required timeframe, the purchase becomes binding.
Article 7 – Costs in Case of Withdrawal
Return shipping costs are borne by the consumer.
If payment was already made, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been returned or sufficient proof of return has been supplied.
Article 8 – Exclusion of Withdrawal Right
The entrepreneur may exclude withdrawal rights for:
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Custom or personalized products.
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Products of a personal nature.
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Perishable or hygiene-sensitive products if the seal has been broken.
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Audio/video recordings or software if unsealed.
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Services that began with consumer consent before the withdrawal period expired.
Article 9 – Price
Prices remain fixed during the validity of the offer unless affected by VAT rate changes.
Variable pricing may apply to products subject to financial market fluctuations outside the entrepreneur’s control.
Price increases within 3 months of contract conclusion are only permitted if legally mandated.
All prices are subject to typographical and printing errors, for which no liability is assumed.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products conform to the contract and meet reasonable usability and quality standards.
Defective or incorrectly delivered products must be reported in writing within 14 days. Products must be returned unused, in original packaging.
Warranty does not apply if:
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The consumer has altered or repaired the product.
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The product was misused or treated negligently.
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The defect results from regulations concerning material standards.
Article 11 – Delivery and Execution
Orders will be executed as quickly as possible, within 30 days unless otherwise agreed.
If delays occur, the consumer will be informed within 30 days and may cancel the contract with a refund.
If delivery is impossible, a substitute item may be offered at no extra cost.
The entrepreneur bears the risk of damage or loss until delivery to the consumer.
Article 12 – Duration, Termination, Renewal
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Consumers may terminate indefinite contracts at any time with up to one month’s notice.
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Fixed-term contracts for regular delivery may be terminated at the end of the term with up to one month’s notice.
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Automatic renewal is limited and subject to consumer cancellation rights.
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Contracts over one year may be canceled by the consumer after one year with up to one month’s notice.
Article 13 – Identity of the Entrepreneur
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Chamber of Commerce Registration No.: 1018239286
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Customer Service Email: info@castelli-newyork.com
Article 14 – Complaints Procedure
Complaints must be submitted in writing within 7 days of discovery of defects.
The entrepreneur will respond within 14 days. If more time is required, acknowledgment and a response timeframe will be provided.
If unresolved, the dispute may proceed to formal resolution procedures.
Article 15 – Disputes
These Terms and all contracts between the entrepreneur and the consumer are governed exclusively by BE law, regardless of the consumer’s country of residence.
Article 16 – CESOP
As of 2024, due to European Union CESOP regulations, payment service providers may be required to register certain electronic payment data in the central EU CESOP system.
