General Terms and Conditions
These terms and conditions apply to all Girav orders. Some articles are only applicable to a contract with a consumer and other articles are only applicable to a contract with other legal entities/companies (B2B). If this is the case it will be expressly stated. If there is no explicit statement, the article is applicable to all contracts.
Article 1 - Definitions
In these terms and conditions the following is understood:
- Trader: the natural or legal entity offering products and/or services to other parties.
- Counterparty: consumer(s) as well as any legal entity/entities entering into a contract with the trader.
- Consumer: the natural person not acting in the course of a profession or running a business.
- Distance contract: every contract between the trader and the counterparty is concluded within the framework of a system arranged by the trader, by which the provision of sales or remote services can be carried out without the simultaneous physical presence of the trader and counterparty, whereby up to and upon closure of the contract, exclusive use is made of one or more means/techniques for distance communication.
- Techniques for distance communication: means a technique which can be used for the conclusion of a contract without the counterparty and trader coming together at the same time, in the same place.
- Reflection period: the period within which the consumer can exercise his right of withdrawal. This reflection period does not apply to legal entities that are a counterparty of the trader.
- Right of withdrawal: the opportunity for the consumer to decide not to go ahead with the distance contract within the reflection period.
- Day: calendar day (whereby the day upon which the transaction/event occurs is not included in the calculation of the period).
- Continuing performance contract: a distance contract concerning a range of products and/or services, the supply and/or purchase of which is spread over a period of time.
- Durable medium: any means by which the counterparty or trader stores an unaltered reproduction of any information personally intended for him for future consultation.
Article 2 - Identity of the Trader
Girav Long Fit / VOF De Weerd Geerts
1191 BG Ouderkerk aan de Amstel
email: [email protected]
CoC no. 34332721
ABNAMRO Bank: 220.127.116.114
in the name of VOF De Weerd Geerts
Article 3 Applicability
- These general terms and conditions apply to every offer and all discounts and distance contracts concluded between the trader and counterparty.
- The trader shall not accept general terms and conditions from its counterparty, unless this has been agreed in writing.
- Before the contract is concluded, the text of these general terms and conditions will be made available to the counterparty. Prior to the conclusion of the distance contract, the counterparty will confirm applicability and acceptance of these general terms and conditions by ticking the box, 'I agree to the general terms and conditions'. If the contract is not to be concluded on a distance basis, these general terms and conditions will be made available and/or delivered remotely prior to conclusion of the agreement.
- If it is not reasonably possible for the general terms and conditions to be made available by the trader for the counterparty to see prior to the conclusion of the contract, they will be sent to the counterparty on request as soon as possible and at no cost to the counter party.
- If the contract is delivered electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions will be delivered electronically to the counterparty in such a way that they can be stored in a simple manner on a durable medium, so that it will be accessible to the counterparty for consultation at a later date. If this is not reasonably possible before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they, on the request of the counterparty, will be sent free of charge by electronic means or another cost-free manner.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the third, fourth and fifth paragraphs shall equally apply, and in the event of conflicting terms, the counterparty shall always rely on the applicable provision most favourable to him.
- These terms and conditions can only be waived if both parties have expressly agreed to the waiver in writing.
Article 4 - The Offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a full and proper assessment to be made of the offer by the counterparty. If the trader makes use of images, they are a true representation of the products and/or services offered. The trader is not obligated or bound by obvious mistakes or errors in the offer.
- Each offer must contain information that clearly states the counterparty’s rights and obligations connected to acceptance of the offer.
Article 4a: Only for Consumers: Additional Conditions relating to the Offer
Every offer must contain information that clearly states the counterparty's rights and obligations connected to acceptance of the offer.
In particular this concerns:
- the price including taxes and, where appropriate, any additional freight, delivery or postal charges and/or any other costs applicable or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable
- whether or not the right of withdrawal is applicable
- the actual costs of delivery
- the manner in which the contract will be effected and the actions that are required for this
- the method of payment, delivery or performance of the contract
- the period for accepting the offer, or the payment term.
- the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the basic rate;
- whether the contract is to be placed in an archive after conclusion, and if so, how it can be accessed by the counterparty;
- the manner in which the consumer can, before the conclusion of the contract, bring attention to those parts of the transaction not required by him, and the manner in which he can do that before the contract comes into effect;
- a reminder of the existence of the legal guarantee of conformity of the goods;
- any other languages in which the contract can be concluded apart from Dutch
- the code of conduct to which the trader is subject and the way the consumer can consult this code of conduct electronically; and
- the minimum duration of the distance contract in the event of a contract, including continuous or periodic delivery of products or services
Article 5 - The Contract
- The contract is subject to the provisions of paragraph 4 and also, in the event of consumer transactions, article 4a, and is concluded at the time of acceptance of the offer by the counterparty and the satisfactory fulfilling of the terms and conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the counterparty may terminate the contract.
- If the contract is created electronically, the trader will take appropriate technical and organisational measures to protect the electronic transfer of data and it will provide a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
- The trader may, within the statutory parameters, confirm the counterparty is able to meet its payment obligations, as well as investigate any other facts or factors that are important to a sound conclusion of the distance contract. If the trader, on the grounds of this investigation, finds reasonable justification not to enter into the contract, it is entitled to refuse an order or request the performance of the contract to be bound to specific terms and conditions.
- A counterparty that closes several contracts with the trader can never expect this to amount to a continuing performance contract. Each contract is entered into separately and concludes after fulfilment by both parties or termination. The counterparty cannot derive rights from entering into several separate contracts.
Article 5a - Only for Consumers: Additional Conditions relating to the Contract
The trader will send the following product or service information to the consumer in writing, or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the establishment of the trader where the consumer can lodge complaints
- the terms and conditions under which, and the manner in which, the consumer’s right of withdrawal can be exercised, or a clear statement regarding the exclusion of the right of withdrawal
- information about existing after-sales service and guarantees
- the data contained in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before performance of this contract
- the requirements for termination of the contract if the contract duration is longer than one year or for an indefinite period
- If the trader has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 - Only for Consumers: Consumer's Right of Withdrawal upon Delivery of Products
- When purchasing products from a distance, the consumer has the right to cancel the contract within fourteen days without providing any reason. This period comes into effect on the day after receipt of the product by or on behalf of the consumer, or, if the contract concerns the separate supply of multiple products, receipt of the last product.
- During this period the consumer shall treat the product and packaging with care. He shall only unpack or use the product as is necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all accessories and, if reasonably possible, in the original condition and packaging in accordance with reasonable and clear instructions provided by the trader.
- The consumer may decide to make his intention to use his right of withdrawal known to the trader by such means as
- making use of the right of withdrawal form, as provided in Annex 1, Part B of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights
- issuing an unequivocal statement within which the consumer declares his decision to withdraw from the agreement
Article 7 - Only for Consumers: Costs in case of Withdrawal
- If the consumer exercises his right of withdrawal, costs, not exceeding the cost of return, will be borne by the trader. If the consumer expressly chooses a certain type of delivery, although the trader offers a cheaper and generally acceptable type of delivery, the consumer shall bear the cost difference between these two types of delivery.
- If the consumer has paid an amount, the trader must refund this amount to the consumer as soon as possible, but no later than 14 days after the return or cancellation. Unless the trader has offered to collect the goods himself, the trader will withhold the reimbursement until it has received the goods or the consumer has shown that he has returned the goods, whichever date comes first. The consumer is obliged to return the products immediately and no later than 14 days after the day on which he has communicated his decision to withdraw from the contract.
- The consumer is responsible for any damage to the products resulting from the handling of the products, other than that which is necessary to determine the nature, characteristics and operation of the products.
Article 8 - Only for Consumers: The Price
- During the period mentioned in the offer, the prices of the products and/or services will not be increased, except for any price changes resulting from changes in tax rates.
- The prices indicated for the provision of products or services include VAT.
Article 8a - Only for Legal Entities/Companies: The price
- During the period mentioned in the offer, the prices of the products and/or services will not be increased, except for any price changes resulting from changes in tax rates.
- The prices indicated for the provision of products or services exclude VAT.
Article 9 - Compliance and Guarantee
- The trader guarantees that the products and/or services delivered under the contract meet the specifications declared in the offer, reasonable requirements of reliability and/or usability and, on the date of contract conclusion, existing legal provisions and/or government regulations.
- However, the trader is not liable for any defects and/or damage occurring after delivery of the products resulting from improper use or lack of care, or from changes or repairs that the counterparty or third parties have made to the delivered products.
Article 9a - Only for consumers: Compliance and Guarantee
A guarantee offered by the trader, manufacturer or importer does not affect the consumer's rights or claims against the trader in respect of a failure of the trader to fulfil its obligations under the law and/or the distance contract.
Article 10 - Delivery, Execution, Termination and Force Majeure
- The trader will take the greatest possible care when receiving and implementing orders for products.
- The place of delivery is the address that the counterparty has made known to the trader.
- With due observance of that specified in article 4 and for those consumers also listed in article 4a of these general terms and conditions, delivery times on orders accepted by the trader will not be longer than 30 days, unless a longer delivery period is agreed.
- In the event of a delay in delivery, the counterparty will receive written notice from the trader, with a reasonable offer of an alternative deadline. Reasonable period is understood to mean the original delivery date with a maximum extension of one month. If the trader is unable to deliver the product/service ordered within this extended period, the counterparty has the right to declare the contract terminated without judicial intervention.
- Any failure of the trader to fulfil its obligations gives the counterparty the right to terminate the contract in whole or in part, unless the failure - given its special nature or minor importance - does not justify such termination and its consequences. In so far as fulfilment is not permanent or is temporarily impossible, the authority to terminate arises only if the defaulting party is in default.
- In case of termination in accordance with paragraph 5 of this article, the trader will refund the amount that the counterparty has paid as soon as possible, but within at least 30 days of termination.
- Force majeure shall mean any shortcoming that cannot be attributed to the trader. Liability does not extend to shortcomings that are not due to failure on its part, nor if it is unaccountable by law, legal act or according to generally accepted standards. As soon as possible, the trader shall inform the counterparty in writing about the force majeure unless the counterparty’s address is not known or cannot be reasonably found by the trader.
- If delivery of an ordered product is not possible, the trader will endeavour to make a replacement item available. A clear and comprehensible message regarding the replacement item will be sent no later than the delivery. The cost of return shipment shall be borne by the trader.
- The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the counterparty or a designated representative previously made known to the trader in writing, unless expressly agreed otherwise.
Article 11 - Payment
- Invoices will have a payment term of fourteen days after receipt of the invoice by the counterparty, unless other payment terms have been agreed. The counterparty will automatically be considered in default if he has not paid the amount due upon expiry of that period.
- If the counterparty is in default, the trader shall send him a reminder, within which he will point out that the counterparty is in default and offer him the opportunity to pay the amount due within fourteen days of receipt of this reminder.
- If the counterparty fails to fulfil his payment obligations, the trader is entitled, without further notice, to take action to recover the amount owed.
- When selling products to consumers, the general terms and conditions may never include a provision for a deposit of more than 50%. If payment of a deposit is agreed, the consumer assumes no legal right to the execution of the order or service(s) before payment of the deposit has been made.
- Thecounterparty has the duty to immediately inform the trader of any inaccuracies in data supplied or payment details specified.
- In case of default on the part of the counterparty, the trader retains the right, subject to legal restrictions, to charge reasonable costs to the counterparty.
Article 12 - Retention of Title and Right of Retention
- The trader can retain ownership of all products supplied by him. The counterparty will only become the owner of the products purchased once he has paid the purchase price and any other amounts in full to the trader.
- The trader can exercise the right of retention if the counterparty is in breach of an enforceable obligation, provided that such right of retention is justified.
Article 13 - Statutory Interest and Extrajudicial Costs
- For late payment of an amount, the trader retains the right to charge statutory interest from the date that the breach arises under article 11 of these conditions until the day of payment. In the case of consumer transaction, the lower statutory interest rate will be used and, in the case of commercial transactions, the higher statutory interest rate will be used.
- Reasonable extrajudicial costs incurred by the trader with a minimum of €40 will be charged to the counterparty.
Article 14 - Complaints Procedure
- The trader has an adequately publicised complaints procedure and complaints will be dealt with in accordance with this procedure.
- Complaints about the performance of the agreement should be described fully and clearly and submitted promptly to the trader after the counterparty has discovered the defects.
- Complaints submitted to the trader will be answered within 14 days, counted from the date of receipt. If it is foreseen that a complaint will require a longer processing time, it will be answered by the trader within 14 days, confirming receipt and providing the counterparty with information about when a more detailed answer can be expected.
Article 15 - Confidentiality
The counterparty declares that he will keep confidential all information he knows about trader, or companies affiliated with trader, including business and financial or technical information that he attained in the course of performance of this contract nor in any way use the name of the trader or companies affiliated with the trader for advertising purposes in the broadest sense of the word without specific written permission of the trader. Subject to an immediately payable, not subject to judicial mitigation, penalty to the trader of €1,000 for each violation and for each day that the violation continues.
Article 16 - Additional or Varying Provisions
Additional provisions or provision that vary from these general terms and conditions should not be to the detriment of the consumer and should be recorded in writing in such a way that they can be stored in an accessible manner on a durable medium by the consumer.
Article 17 - Applicable Law and Competent Court
- All offers, contracts or the consequences of contracts provided by the trader will be governed by Dutch law.
- The Amsterdam District Court has exclusive jurisdiction to rule on any disputes arising between a trader and a counterparty. Disputes in this context means disputes perceived or recognised as disputes by one of the parties.
- If any provision of these terms and conditions is invalid or unenforceable, the remaining provisions shall remain in force and the parties will negotiate a new provision (or provisions) to replace the invalid or unenforceable provision(s), whereby the new provision will be as similar as possible to the purpose and intent of the invalid or unenforceable provision(s).