Terms and Conditions
1. Introduction
Welcome to OnTheWayToJalalabad. These Terms and Conditions (“Terms”) govern your use of the Website and the purchase of any products from it. By accessing the Website or placing an order, you agree to be bound by these Terms.
This Website is operated by:
Karolijn Zomer
Registered Address: Via Curtatone 20122 Milan, Italy
info@onthewaytojalalabad.com
VAT Number (Partita Iva): 13907410966
2. Definitions
“We” / “Us” / “Our” refers to www.onthewaytojalalabad.com and OnTheWayToJalalabad
“You” / “Customer” refers to the person using the Website or placing an order, who must be a consumer (an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession)
“Products” refers to the goods or services available for sale on the Website.
3. Conclusion of the Contract
3.1. Offer and Acceptance: The display of Products on the Website constitutes an “invitation to treat” and not a binding offer to sell. Your order constitutes a binding offer to purchase the Products. The contract is concluded when we send you an email confirmation stating that the Products have been dispatched or are ready for shipment (“Order Confirmation”).
3.2. Order Process: The order process includes the following steps:
* Selecting the Products.
* Reviewing your order summary, including total price, delivery costs, and estimated delivery date.
* Providing your personal, billing, and shipping details.
* Clicking the final order button, which will be clearly labelled with an unambiguous phrase indicating an obligation to pay (e.g., “Order with Obligation to Pay,” “Buy Now,” or similar).
* Receiving the initial order receipt, which is not the Order Confirmation.
4. Price and Payment
4.1. Price: All prices displayed on the Website are in [Currency, e.g., EUR] and include Value Added Tax (VAT) at the current applicable rate in [Your Country of Establishment], unless otherwise stated.
4.2. Additional Costs: The total price of the order, including the price of the Products, any applicable delivery charges, and other mandatory fees, will be clearly indicated before you confirm your order. We will not charge any hidden fees or use pre-ticked boxes for additional payments.
4.3. Payment: We accept the following payment methods: [ Visa, Mastercard, Amex, PayPal].
5. Delivery
5.1. Shipping Time: Unless otherwise agreed, the Products will be shipped without undue delay and no later than 3 working days from the day after the contract is concluded.
5.2. Delivery Costs: Delivery costs by regular, traceable mail service are paid by us unless otherwise stated. It is possible to purchase express shipping on demand.
5.3. Risk: Risk of loss and damage to the Products passes to you upon physical possession of the Products by you or a third party indicated by you or the carrier.
6. Right of Withdrawal (The EU “Cooling-Off” Period)
6.1. Right to Cancel: As a consumer in the EU, you have the right to withdraw from this contract within 14 calendar days without giving any reason.
6.2. Withdrawal Period: The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods (or the last good, lot, or piece if the order is split).
6.3. Exercise of the Right: To exercise the right of withdrawal, you must inform us of your decision by a clear statement (e.g., a letter sent by post or e-mail).
6.4. Effects of Withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you,
* We shall reimburse to you any returned item provided that it is returned in the same condition as it was upon your receipt. If an item in any way has been damaged, soiled, polished, altered or worn (other than just trying it on), OnTheWayToJalalabad has the right to make a deduction on your refund with an amount corresponding to the diminished value of the item. Please always treat the items with care.
* We will make the reimbursement without undue delay, and not later than 14 days after the day we receive the returned goods or receive proof that you have sent back the goods, whichever is the earliest.
* You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you receive the goods. You will have to bear the direct cost of returning the goods.
7. Intellectual Property Rights
All content on the Website, including texts, graphics, logos, images, and software, is the property of Onthewaytojalalabad or its content suppliers and is protected by international copyright laws. You may not use, reproduce, or distribute any content without our express written permission.
8. Privacy and Data Protection
We process your personal data in compliance with the General Data Protection Regulation (GDPR). Please review our separate Privacy Policy and Cookie Policy for detailed information on how we collect, use, and protect your personal data, and your rights regarding that data.
9. Governing Law and Dispute Resolution
9.1. Governing Law: These Terms and any contract for the purchase of Products through the Website are governed by the law of Italy, without prejudice to any mandatory consumer protection provisions of the law of the EU country where you reside.
9.2. Dispute Resolution: We encourage you to contact us directly to seek a resolution to any dispute. If a dispute cannot be resolved amicably, you can use the European Commission’s Online Dispute Resolution (ODR) platform at [Link to ODR Platform – e.g., https://ec.europa.eu/consumers/odr/].
1. VAT Rules for Export of Goods (Outside the EU)3
The sale of goods exported from the EU to a non-EU country is always zero-rated for VAT in the EU Member State of departure. The EU seller does not charge VAT to the customer, regardless of whether the customer is a business or a private consumer.
To legally justify the zero-rating, the seller must obtain and retain evidence that the goods have physically left the customs territory of the EU.4 This usually involves:
Import Tax in the Destination Country
While the EU seller does not charge EU VAT, the imported goods are subject to import VAT and Customs Duties in the non-EU destination country, which are typically borne by the foreign buyer.
2. Other Sales Tax Considerations
Sales Tax: The EU operates under a VAT (Value Added Tax) system, not a US-style Sales Tax.15 The term “Sales Tax” is generally not applicable to cross-border EU trade.
Customs Duties (Tariff): These are taxes levied by the non-EU country on goods entering their territory. They are separate from VAT and are based on the Harmonised System (HS) code of the product and the trade agreement between the EU and the importing country.
Fiscal Obligation: An EU seller has no legal obligation to collect or remit the local sales/consumption tax of the non-EU customer’s country, unless they opt to do so (e.g., as part of a DDP – Delivered Duty Paid shipping arrangement) or if the specific non-EU country’s laws mandate it (rarely).