Conditions Générales de Vente

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 of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Continuing Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions:

Cooling-off period: the period in which the consumer can make use of their right of withdrawal.
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuing transaction: a distance contract relating to a series of products and/or services, whose delivery and/or purchase obligation is spread over time.
Durable medium: any tool that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Model withdrawal form: the form provided by the entrepreneur that a consumer can complete when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded in the context of a system for distance selling of products and/or services organized by the entrepreneur, whereby exclusive use is made of one or more techniques for distance communication until the conclusion of the contract.
Technique for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being together in the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Address: Burgemeesterknappertlaan 80, 3117BC Schiedam, Netherlands
Phone number: +31 6 24871719
Email address: info@gsgoods.nl
Chamber of Commerce number: 72200154
VAT number: NL002418238B15

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between entrepreneur and 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, the entrepreneur will indicate before the contract is concluded where the terms can be inspected and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the terms may also be provided electronically in a way that allows the consumer to store them on a durable medium. If this is not possible, it will be indicated where the terms can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

If specific product or service conditions apply in addition to these terms, the consumer may always rely on the provision most favorable to them in the event of conflicting conditions.

If any provision of these terms is declared void or annulled, the remaining provisions remain valid. The invalid provision will be replaced in consultation with one that approaches the intent of the original as closely as possible.

Situations not regulated by these terms must be assessed “in the spirit” of these terms. Any uncertainties regarding the interpretation of one or more provisions must also be interpreted “in the spirit” of these terms.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.

The offer is non-binding. The entrepreneur may change or adjust the offer.

The offer will include a complete and accurate description of the products and/or services offered, detailed enough for the consumer to make a proper assessment. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract. Product images are a true reflection, but colors may differ from the actual product.

Each offer will clearly state the consumer’s rights and obligations when accepting it, including:

The price, including taxes.
Any shipping costs.
How the contract will be concluded and what steps are needed.
Whether or not the right of withdrawal applies.
Payment, delivery, and performance methods.
The period for accepting the offer or the period the price is guaranteed.
The rate for distance communication if it differs from the regular base rate.
Whether the contract will be archived and, if so, how it can be consulted.
How the consumer can check and correct provided data before concluding the contract.
Any languages besides Dutch in which the contract can be concluded.
Codes of conduct the entrepreneur follows and how they can be consulted electronically.
The minimum duration of the distance contract in case of a continuing transaction.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and meets the stated conditions.

If the consumer accepts electronically, the entrepreneur will confirm receipt of acceptance without delay. The consumer can dissolve the contract until the entrepreneur confirms acceptance.

If concluded electronically, the entrepreneur will take appropriate security measures for data transfer and provide a secure online environment. If the consumer can pay electronically, the entrepreneur will take suitable safety measures.

The entrepreneur may, within legal limits, check whether the consumer can meet their payment obligations and assess other relevant factors. If there are good reasons not to conclude the contract, the entrepreneur may refuse an order or attach special conditions.

With the product or service, the entrepreneur will provide the consumer with the following in writing or on a durable medium:

The business address where complaints can be submitted.
Conditions for and methods of exercising the right of withdrawal or a clear statement if it is excluded.
Warranty information and after-sales service.
The information listed in Article 4 unless already provided.
The conditions for terminating the contract if it is longer than one year or indefinite.

For continuing transactions, this applies only to the first delivery.

Every contract is concluded subject to sufficient availability of the ordered products.

Article 6 – Right of Withdrawal

Key timeframes:

The customer has at least 14 days to report a return.
After reporting, the customer has another 14 days to return the product.
Refunds must be made within 14 days of the return notification.

You have the right to cancel your order up to 14 days after receipt without giving a reason. After cancellation, you have another 14 days to return the product. You will receive a full refund including shipping costs. Only return shipping costs are at your expense (about €7.25 per package, check your carrier’s rates).

If you exercise this right, the product must be returned with all supplied accessories and, if reasonably possible, in its original condition and packaging. If the product or packaging is more damaged than necessary, we may charge you for the loss in value. Handle the product carefully and package it properly for return.

To exercise this right, contact us at info@gsgoods.nl. We will refund the order amount within 14 days after receiving your return, provided it is in good order.

Article 7 – Costs in Case of Withdrawal

The consumer bears the direct costs of returning the product.

If the consumer has already paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after withdrawal, provided the product has been received back by the retailer or the consumer has provided conclusive proof of return. Refunds will be made using the same payment method the consumer used, unless the consumer explicitly agrees to another method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any loss of value.

The consumer cannot be held liable for a reduction in value if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the contract.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products or services as specified below. Exclusion is only valid if it was clearly stated in the offer or before the contract was concluded.

Exclusion is possible for products:

Produced according to consumer specifications.
Clearly personal in nature.
Which by their nature cannot be returned.
That spoil or age quickly.
Whose price depends on financial market fluctuations beyond the entrepreneur’s control.
Newspapers and magazines (except subscriptions).
Audio/video recordings and software if the seal has been broken.
Hygienic products if the seal has been broken.

Exclusion is possible for services:

Accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period.
Services that began with the consumer’s explicit consent before the cooling-off period ended.
Betting and lottery services.

Article 9 – The Price

During the validity period stated in the offer, prices of products and/or services will not be increased, except for changes in VAT rates.

In deviation, the entrepreneur may offer products/services subject to financial market fluctuations at variable prices. These fluctuations and the fact that prices are indicative will be mentioned in the offer.

Price increases within 3 months of contract conclusion are only permitted if due to legal regulations.

Price increases after 3 months are only allowed if agreed in advance and if:

They result from legal regulations, or
The consumer has the right to cancel the contract as of the day the price increase takes effect.

Prices of products/services include VAT.

All prices are subject to printing and typing errors. No liability is accepted for such errors, and the entrepreneur is not obliged to deliver the product at an incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products/services comply with the agreement, specifications stated in the offer, reasonable usability and reliability requirements, and legal/regulatory provisions in effect at the time of contract conclusion.

If agreed, the entrepreneur also guarantees suitability for use beyond normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights.

Statutory warranty applies to all products, though its duration depends on the product type.

Defects or incorrectly delivered products must be reported to the entrepreneur within 2 months of discovery.

Warranty does not apply if:

The consumer repaired/modified the products themselves or had this done by third parties.
Products were exposed to abnormal conditions, handled carelessly, or used contrary to instructions.
Defects result wholly or partly from government regulations on the nature/quality of materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing service requests.

The delivery address is the address provided by the consumer.

Accepted orders will be carried out promptly, but no later than 30 days, unless a longer period was agreed. If delivery is delayed or only partially possible, the consumer will be notified within 30 days of ordering. In such cases, the consumer may dissolve the contract at no cost and is not entitled to compensation.

Delivery times are indicative and not enforceable. Exceeding them does not entitle the consumer to compensation.

If the contract is dissolved under the above, the entrepreneur will refund the consumer within 14 days.

If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. The consumer will be informed clearly at delivery. Replacement items cannot exclude the right of withdrawal. Return shipping of replacements is at the entrepreneur’s expense.

The risk of damage or loss passes to the consumer upon delivery unless explicitly agreed otherwise.

Article 12 – Continuing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite contract (e.g., ongoing supply of products or services) at any time with a notice period of no more than one month.
The consumer may terminate a fixed-term contract at the end of the agreed period with a notice period of no more than one month.
Termination must be possible:
- At any time.
- In the same manner as the contract was entered into.
- With the same notice period the entrepreneur applies to themselves.

Renewal

Fixed-term contracts for continuous supply of products/services cannot be automatically renewed or extended.
Exception: newspaper/magazine subscriptions may be extended for up to 3 months, provided the consumer can cancel with one month’s notice.
Fixed-term contracts may only be silently extended indefinitely if the consumer can cancel at any time with one month’s notice (three months for subscriptions delivered less than once a month).
Trial or introductory subscriptions automatically end without renewal.

Duration
If a contract lasts more than one year, the consumer may terminate it at any time after one year with one month’s notice, unless early termination is unreasonable or unfair.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period begins as referred to in Article 6(1). For service contracts, this period starts after the consumer receives confirmation of the agreement.

The consumer must immediately report inaccuracies in provided or stated payment details to the entrepreneur.

If the consumer fails to meet payment obligations, the entrepreneur, subject to legal limitations, is entitled to charge the consumer any reasonable costs made known in advance.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints according to this procedure.

Complaints about the execution of the agreement must be submitted fully and clearly within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If more time is needed, the entrepreneur will acknowledge the complaint within 14 days and indicate when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution process.

Consumers must first contact the entrepreneur with complaints. If the webshop is affiliated with WebwinkelKeur and disputes cannot be resolved, the consumer may contact WebwinkelKeur (www.webwinkelkeur.nl), which offers free mediation. Membership can be verified via this link.

If mediation does not resolve the issue, the consumer may have the complaint handled by the independent disputes committee appointed by WebwinkelKeur. Its ruling is binding, and both entrepreneur and consumer must comply. Costs are payable by the consumer to the committee.

It is also possible to submit complaints through the European ODR platform: http://ec.europa.eu/odr.

Filing a complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

If the entrepreneur considers a complaint valid, they will either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these terms apply are governed exclusively by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or deviations from these terms must not be to the consumer’s disadvantage and must be recorded in writing or in a way that allows the consumer to store them on a durable medium.