General Terms and Conditions (GTC)
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Grace period: the period within which the consumer can exercise his right of withdrawal.
Consumer: a natural person who is not acting in the exercise of a profession or commercial activity and who 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 whose delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally, in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form that the trader makes available and that the consumer can fill in if he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: an agreement that provides for the exclusive use of one or more distance communication techniques within a system organised by the trader for the distance selling of products and/or services, until the moment of conclusion of the contract;
Distance communication techniques: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room at the same time.
General Conditions: these General Conditions of the Entrepreneur.
Article 2 - Identity of the entrepreneur
FYDD LOGISTICS LTD
Pavlou Valdaseridi 2A
6018
Harju County
Larnaca, Cyprus
Registration number: ΗE 433166
Mail: info@snusitalia.it
Article 3 - Applicability
These general conditions apply to all offers made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, prior to the distance contract being concluded, it will be indicated 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 as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and prior to the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer in electronic form, so that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, upon request, electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply accordingly and the consumer can always rely on the applicable provision that is most favorable to him in the event of a conflict with the general conditions.
If any provision of these Terms and Conditions is invalid or annulled in whole or in part at any time, the remainder of the Agreement and these Terms and Conditions will remain in full force and effect and the provision in question will be replaced promptly, in mutual consultation, by a provision that comes as close as possible to the scope of the original provision.
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any lack of clarity regarding the interpretation or content of one or more provisions of our terms and conditions must 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 must be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to properly evaluate the offer. If the entrepreneur uses images, they faithfully reflect the products and/or services offered. Obvious or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications and data contained in the offer are indicative and cannot lead to compensation or termination of the contract.
Product images are a faithful representation of the products offered. The Company cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains information that makes clear to the consumer what rights and obligations are associated with accepting the offer.
This applies in particular to:
the price includes taxes;
the possible shipping costs;
how the agreement will be implemented and what actions are necessary for this;
whether the right of withdrawal is applicable or not;
the methods of payment, delivery and implementation of the contract;
the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
the amount of the fee for distance communication, if the costs of using the technology for distance communication are calculated on a basis other than the normal basic fee for the means of communication used;
whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can verify the data provided by him in the context of the contract and, if he wishes, correct them;
the possible other languages in which, in addition to Dutch, the agreement can be concluded.
Article 5 - The Agreement
The contract is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and the conditions thus established are met.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. Until this acceptance has been confirmed by the trader, the consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may—within the legal framework—inquire about the consumer's ability to meet his payment obligations, as well as all the facts and factors that are important for the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he or she has the right to refuse an order or request or to impose special conditions for its implementation.
Consumers must be at least 18 years of age to purchase tobacco and nicotine products from the merchant. By accepting these general terms and conditions and placing an order on the website, consumers confirm that they have reached the legal age to purchase tobacco and nicotine products. Consumers should note that incorrect information is subject to a fine and will be reported to the relevant authorities.
Orders may be cancelled within 24 hours of receiving the order confirmation. The customer must send the cancellation request via email to info@snusitalia.it.
The entrepreneur will send the consumer the following information together with the product, in writing or in such a way that the consumer can store it in an accessible manner on a durable data medium:
The visiting address of the Entrepreneur's business establishment where the Consumer can submit complaints;
the conditions and methods under which the Consumer can exercise the right of withdrawal, or a clear declaration on the exclusion of the right of withdrawal;
information on warranties and existing assistance after purchase;
the data included in Article 4, paragraph 3 of these conditions, unless the professional has already provided them to the consumer before the conclusion of the contract.
In case of an extended transaction, the provision of the previous paragraph applies only to the first delivery.
Each agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
Upon delivery of the products:
When purchasing products, the consumer has the option to terminate the contract without stating a reason within 14 days. This cooling-off period begins the day after the product is received by the consumer or a person previously designated by the consumer and the representative announced by the entrepreneur.
During this period, the consumer must handle the product and its packaging with care. They will unpack or use the product only to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories and—if reasonably possible—in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must inform the seller within 14 days of receiving the product. The consumer must notify the seller using the standard form or another means of communication such as email. After the consumer has notified the seller that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of postage.
If, at the end of the periods specified in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises the right of withdrawal, he will only have to bear the costs of return shipping.
If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or conclusive proof of return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to a different payment method.
If the product is damaged due to negligent handling by the consumer, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal; this must be done before concluding the purchase contract.
Article 8 - Exclusion of the right of withdrawal
The trader may preclude the consumer from exercising his right of withdrawal on the products referred to in paragraphs 2 and 3. The preclusion of the right of withdrawal is only valid if the trader has clearly stated this fact at the time of the offer, or at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products
which have been created by the trader according to the consumer's specifications;
Which are clearly of a personal nature;
Which cannot be returned due to their nature;
That deteriorate or age quickly;
The price of which depends on fluctuations in the financial market over which the entrepreneur has no influence;
For individual newspapers and magazines;
For audio and video recordings and computer software from which the consumer has removed the seal;
For hygiene products whose seal has been broken by the consumer.
Article 9 - The price
During the validity period indicated in the offer, the prices of the products and/or services offered will not increase, with the exception of price changes due to changes in VAT rates.
Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases starting 3 months after the contract is signed are only permitted if the entrepreneur has signed it and:
are the result of regulations or provisions of law; or
The consumer is authorized to terminate the contract on the day the price increase comes into effect.
The prices indicated in the offer of products or services include VAT.
All prices are subject to typographical errors. No liability is assumed for the consequences of printing and typing errors. In the event of printing errors, the seller is not obligated to deliver the product at the incorrect price.
Article 10 - Delivery and execution
The trader warrants that the products and/or services meet the contract, the specifications stated in the offer, reasonable reliability and/or service requirements, and the legal provisions and/or government regulations in force on the date of conclusion of the contract. If agreed, the trader also warrants that the product is suitable for other than normal use.
The entrepreneur will pay the utmost attention in receiving and fulfilling product orders.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of paragraph 4 of this Article, the Company will fulfill accepted orders promptly, but no later than 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the Consumer will be informed within 30 days of placing the order. In this case, the Consumer has the right to terminate the contract free of charge. The Consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from the indicated delivery dates. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution pursuant to paragraph 4 of this Article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of dissolution.
If delivery of an ordered product is impossible, the entrepreneur will endeavor to provide a replacement item. Delivery of a replacement item will be communicated clearly and comprehensibly, no later than upon delivery. The right of withdrawal cannot be excluded with replacement items. The cost of any return shipment will be borne by the entrepreneur.
The merchant is not responsible for receiving, locating, refunding, or replacing late shipments. Furthermore, the merchant is not responsible for any package delays due to violations of import laws or seizure by customs.
If your order was processed through our fulfillment center, we cannot be held responsible for delays due to customs requirements or other circumstances beyond our control. The merchant is not liable for any such delays.
Please note that deliveries may be opened and inspected by customs. These procedures may delay delivery and are beyond our control. The consumer is considered the importer of the goods and must therefore comply with all laws and regulations of the country to which the goods are being delivered.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report to the operator any inaccuracies in the data provided or the specified payment.
In the event of non-payment by the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer any reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.
Complaints regarding the implementation of the contract must be described fully and clearly and submitted to the entrepreneur within two months of the consumer discovering the defects.
Complaints submitted to the trader will be responded to within 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 14-day period with a receipt acknowledgement and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual consultation, a dispute arises which is subject to the dispute resolution procedure.
In case of complaints, a consumer should first contact the entrepreneur.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If the complaint is deemed justified by the entrepreneur, the latter will, at his discretion, replace or repair the delivered products free of charge.
Article 15 - Liability
The entrepreneur clearly informs consumers who order, obtain, purchase, or otherwise consume the entrepreneur's products, directly or through third parties, that nicotine is very harmful to health, in the sense that nicotine contributes to disease, is highly addictive, and can be fatal.
The entrepreneur assumes no responsibility for the consequences resulting from the use of this product. The entrepreneur has clearly informed the consumer of the possible consequences. The choice to consume the product, despite the warnings and health risks, is their own and therefore at their own risk. The risk of suffering health damage from nicotine use is inherent in the consumption of nicotine sachets, as it is generally known that nicotine use can cause health damage and is highly addictive.
The entrepreneur must affix warning labels to the products; in accordance with Article 6:186, paragraph 1 of the Civil Code, the entrepreneur must make every effort to apply these labels correctly.
All products offered by the Entrepreneur and all related information have been carefully considered and compiled. No rights can be derived from this, and the accuracy of this information is not guaranteed. The Entrepreneur therefore assumes no responsibility for any errors or inaccuracies, nor for the consequences arising from the use of this information.
Article 16 - Disputes
The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by the laws of Cyprus, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 17 - Additional or different provisions
Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can easily save them on a durable medium.
