General terms & conditions

General Terms and Conditions for purchases in the Gooze Webshops

Contents:

Article  1 - Definitions

Article  2 - Identity of the entrepreneur

Article  3 - Applicability

Article  4 - The offer

Article  5 - The agreement

Article  6 - Right of withdrawal

Article  7 - Costs in case of withdrawal

Article  8 - Exclusion right of withdrawal

Article  9 - The price

Article 10 - Conformity and guarantee

Article 11 - Delivery and execution

Article 12 - Payment

Article 13 - Complaints procedure

Article 14 – Applicable law and disputes

Article 15 - Additional or deviating stipulations

 

Article 1 - Definitions

In these General Terms and Conditions (hereinafter: the “GTC”) shall be understood under:

  1. Term for consideration: the term within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person not acting in the execution of a profession or trade and who enters into a distance agreement with the entrepreneur;
  3. Day: calendar day;
  4. Ongoing transaction: a distance agreement with regard to a series of products and/or services, of which the delivery and/or purchase obligation has been spread over time;
  5. Sustainable information carrier: any means that enables the consumer or entrepreneur to store information that is directed to him personally, in a manner that enables future consultation and unchanged reproduction of that stored information.
  6. Right of withdrawal: the option for the consumer to withdraw within the term for withdrawal from the distance agreement;
  7. Entrepreneur: the natural or legal person who offers products and/or services from a distance to consumers;
  8. Distance agreement: an agreement whereby in the framework of a system organized by the entrepreneur for sales from a distance products and/or services, up to and including the conclusion of the agreement solely use is being made of one or more techniques for communication from a distance.
  9. Technique for communication from a distance: means that can be used for the conclusion of an agreement, without the consumer and the entrepreneur being in the same room simultaneously.

 

Article 2 - Identity of the entrepreneur

Gooze

Spoorlaan 6-B

8071BP, Nunspeet, the Netherlands

Telephone number: +31 (0)85 0471586

E-mail address: info@gooze.com

Chamber of Commerce number: 65944623

VAT identification number: NL018263495B01


Article 3 - Applicability

  1. These General Terms and Conditions are applicable to any offer by the entrepreneur and to each concluded distance agreement between entrepreneur and consumer.
  2. Before the distance agreement is concluded, the text of these General Terms and Conditions is being made available to the consumer. If this is reasonably not possible, then before the distance agreement is concluded, it will be stated that the General Terms and Conditions can be viewed at the entrepreneur and then these will sent at the request of the consumer as soon as possible, free of charge.
  3. If the distance agreement is concluded electronically, in deviation of the previous section and before the distance agreement is concluded, the text of these General Terms and Conditions can be made available to the consumer electronically in such a manner that this can be stored by the consumer in a simple manner on a sustainable information carrier. If this is reasonably not possible, then before the distance agreement is concluded, it shall be stated at which location the General Terms and Conditions can be viewed electronically and that these will be sent at the request of the consumer electronically or in another manner free of charge.
  4. In case that next to these General Terms and Conditions also specific product or service conditions are applicable, then the second and third section are equally applicable and it will be possible for the consumer in case of contradictory terms and conditions to make a claim on the applicable stipulation most favorable to him.

 

Article 4 - The offer

  1. If an offer has a limited validity or takes place under conditions, then such is stated explicitly in the offer.
  2. The offer contains a complete and precise description of the offered products and/or services. The description is sufficient in detail to allow for a good judgment of the offer by the consumer. If the entrepreneur makes use of images then these will be a truthful representation of the offered products and/or services. Obvious errors or obvious mistakes in the offer to not bind the entrepreneur.
  3. Each offer contains such information, that it is clear for the consumer what the rights and obligations are, that are linked to the acceptation of the offer. This concerns in particular:
  • the price inclusive of taxes;
  • the possible costs of delivery;
  • the way in which the agreement will be concluded and which actions are required thereto;
  • the applicability or not of the right of withdrawal;
  • the way of payment, delivery and execution of the agreement;
  • the term for acceptation of the offer, or the term within which the entrepreneur warrants the price;
  • the height of the rate for communication from a distance if the costs of the use of the technique for communication from a distance are being calculated on a different basis than the regular basic rate for the used communication tool;
  • whether the agreement is stored after the conclusion and if so, in which way this can be consulted for the consumer;
  • the way in which the consumer, before the conclusion of the agreement, can verify and if necessary correct the data provided by him in the framework of the agreement;
  • the possible other languages in which, next to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance agreement in case of an Ongoing transaction.

 

Article 5 - The agreement

  1. The agreement is concluded, subject to the stipulation of section 4, at the moment of acceptation by the consumer of the offer and the compliance with the applicable conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptation of the offer electronically. As long as the receipt of this acceptation has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will make arrangements for the suitable technical or organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, then the entrepreneur shall observe suitable security measures.
  4. The entrepreneur may verify - within the framework of the law – whether the consumer can comply with his payment obligations, as well as those facts and factors that are of interest for a responsible conclusion of the distance agreement. If the entrepreneur on the basis of this examination has good grounds not to conclude the agreement, then he is authorized to refuse and order or request in a motivated manner or to set special conditions to the execution thereof.
  5. The entrepreneur shall send along with the product or service to the consumer the following information in writing or in such a way that this can be stored by the consumer in an accessible manner on a sustainable information carrier:

a. the visiting address of the location of the entrepreneur where the consumer can direct complaints to;

b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;

c. the information about warranties, guarantee and service in place after the purchase;

d. the data included in article 4 section 3 of these GTC, unless the entrepreneur has already provided these data to the consumer prior to the execution of the agreement;

e. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or is for an indefinite period.

  1. In case of an ongoing transaction, the stipulation in the previous section is only applicable to the first delivery.

 

Article 6 - Right of withdrawal

  1. Upon the purchase of products the consumer has the option to dissolve the agreement without having to state a reason during a period of 14 days. This term for consideration commences on the day after the receipt of the product by the consumer of a representative appointed in advance by the consumer and made known to the entrepreneur.
  2. During the term for consideration the consumer will treat the product and the packaging with care. He shall unpack the product only to that extent insofar it is necessary to assess whether he wants to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and in the original state and packaging to the entrepreneur, conforming to the reasonable and clear instructions provided by the entrepreneur.

 

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, at the most the costs of sending are for his account.
  2. If the consumer has paid an amount, then the entrepreneur will repay this amount as soon as possible, but no later than within 14 days after the return shipment.

 

Article 8 - Exclusion right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal of the consumer to the extent provided in section 2. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or timely before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:

a. that have been manufactured by the entrepreneur according to the specifications of the consumer;

b. that are clearly of a personal nature;

c. that cannot be returned because if their nature;

d. that can age or deteriorate quickly;

e. of which the price is linked to changes in the financial market on which the entrepreneur has no influence;

f. for copies of newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal;

h. electrical parts of which the packaging has been opened;

I. articles specially ordered or prepared for you and therefore alienated to our assortment;

J. all parts that have been assembled or used. 

 

Article 9 - The price

  1. The prices stated in the offer of products of services are inclusive of VAT.
  2. During the validity period stated in the offer, the prices of the products and/or services of offer shall not be increased, except for price changes as a consequence of change in VAT rates.
  3. In deviation of the previous section, the entrepreneur may offer products of services of which the prices are linked to volatility in the financial market and on which the entrepreneur has no influence, with flexible prices. This link to volatility and the fact that the possibly stated prices are only indicative, shall be stated in the offer.
  4. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the consequence of regulations or clauses by law.
  5. Price increases after 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated so and:

a. these are the consequences of regulations or clauses by law or;

b. the consumer has the right to cancel the agreement commencing on the day on which the price increase comes into force.

 

Article 10 - Conformity and Warranty

  1. The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, to reasonable demands of properness and/or usability and the applicable lawful stipulations and/or government prescriptions in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for a use other than normal. 

Article 11 - Delivery and execution

  1. The entrepreneur shall observe the largest possible care in the reception and at the execution of orders of products and in the assessment of requests for the provision of services.
  2. The place of delivery shall be regarded as the address that the consumer has made known to the company.
  3. In compliance with what has been set forth in that respect in article 4 of these General Terms and Conditions, the company shall execute accepted orders with adequate speed but not later than within 14 days unless a longer delivery term has been agreed. If the delivery experiences a delay or if an order cannot or only partially be executed, then the consumer will receive notice hereof no later than 14 days after he has placed the order. The consumer has, in such cases, the right to dissolve the agreement free of charge.
  4. In case of a dissolution in accordance with the previous section the entrepreneur shall repay the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement article available. No later than the delivery, in a clear and understandable manner, it shall be stated that a replacement article is being delivered. In case of replacement articles the right of withdrawal cannot be excluded. The costs of a possible return shipment are for account of the entrepreneur.
  6. The risk of damage and/or loss of products is with the entrepreneur till the moment of delivery to the consumer or a representative appointed and made known to the entrepreneur in advance, unless agreed differently explicitly.

 

Article 12 - Payment

  1. To the extent not agreed differently, the amounts payable by the consumer should be paid within 14 days after the commencement of the term for consideration as set forth in article 6 section 1. In case of an agreement for the provision of a service, this term commences after the consumer has received the confirmation of the agreement.
  2. In case of a sale of products to consumers, in the General Terms and Conditions a prepayment of more than 50% may never be stipulated. When a prepayment has been stipulated, then the consumer can make no claim whatsoever regarding the execution of the concerned order or service(s), before the stipulated prepayment has taken place.
  3. The consumer has the duty to notify the entrepreneur of incorrect matters in the provided or stated payment data without delay.
  4. In case of a payment default by the consumer, the entrepreneur has, except for limitations by law, the right to charge the reasonable costs made known in advance, to the consumer.

 

Article 13 - Complaints procedure

  1. The entrepreneur has a sufficiently advertised complaints procedure and will treat the complaint according to this complaints procedure.
  2. Complaints about the execution of the agreement should be submitted within a proper term, completely and clearly described to the entrepreneur, after the consumer has established the defects.
  3. Complaints submitted to the entrepreneur shall be responded to within a term of 14 days to be calculated from the day of receipt. If a complaint requires a foreseeable longer processing time, then within the term of 14 days an answer will be given by the entrepreneur with a notice of receipt and an indication when the consumer may expect a more comprehensive answer.
  4. If a complaint cannot be resolved in mutual consultation, then a dispute arises that is eligible for the dispute regulation.

 Article 14 – Applicable law and disputes

  1. Solely the laws of the Netherlands apply to agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply.
  2. All disputes deriving from offers or agreements shall be subject to the judgment of the competent court for “Midden Nederland”.
  3. Parties shall only turn to the court after they have made an ultimate effort to settle a dispute in mutual consultation.

Article 15 – Change of the GTC

  1. The entrepreneur reserves the right to change these GTC unilaterally.
  2. The version in force at the time of the conclusion of the relevant legal relation with the entrepreneur shall be applicable at all times. The customer is advised to consult the GTC frequently for changes.