Terms of service

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 Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
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 during which the consumer may exercise the right of withdrawal.
Consumer: the natural person not acting in the course of a profession or business, who enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuing transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligations of which are spread over time.
Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally, in a way that makes future consultation and unchanged reproduction of the stored information possible.
Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period.
Model form: the withdrawal model form provided by the entrepreneur that the consumer may use if they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.
Distance contract: a contract concluded in the framework of an organized system for distance selling of products and/or services, using one or more means of remote communication exclusively, up to and including the moment the contract is concluded.
Means of remote communication: a tool that can be used to conclude a contract, without the consumer and entrepreneur having to meet in the same space at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company: AG-Commerce
Address: Burgemeesterknappertlaan 80, 3117BC Schiedam, The Netherlands
Phone number: +31 6 24871719
Email: Info@gsgoods.nl
Chamber of Commerce (KvK) number: 72200154
VAT identification number: NL002418238B15

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the contract is concluded, how the terms can be inspected and that they will be sent free of charge upon request.
If the contract is concluded electronically, the text of these terms may also be provided electronically in such a way that the consumer can store them on a durable medium. If this is not reasonably possible, it shall be indicated where they can be reviewed electronically and that they will be sent electronically or otherwise free of charge upon request.
If, in addition to these terms, specific product or service conditions apply, the provisions of paragraphs 2 and 3 shall apply accordingly, and the consumer may always invoke the most favorable provision in case of conflicting terms.
If any provision in these terms is void or annulled, the contract and remaining provisions shall remain in effect, and the provision in question shall be replaced by mutual agreement with one that reflects the intent as closely as possible.
Situations not covered by these terms shall be assessed “in the spirit” of these terms.
Ambiguities regarding the interpretation or content of one or more provisions shall 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 shall be expressly stated in the offer.
The offer is non-binding. The entrepreneur may change or adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. Descriptions are sufficiently detailed to allow proper consumer assessment. Images used are a truthful representation. Obvious errors or mistakes do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to damages or contract termination.
Product images represent the offered products truthfully, but the entrepreneur cannot guarantee that displayed colors exactly match the real product colors.
Every offer contains information that makes it clear to the consumer what rights and obligations are attached to acceptance. This includes:
- Price including taxes;
- Any shipping costs;
- How the agreement will be concluded and what steps are necessary;
- Whether the right of withdrawal applies;
- Method of payment, delivery, and execution;
- Period of acceptance of the offer or validity of the price;
- Communication costs if higher than the basic rate;
- Whether the contract will be archived and accessible to the consumer;
- How the consumer can check and correct information provided before conclusion;
- Available languages;
- Applicable codes of conduct and how they can be accessed;
- Minimum contract duration in case of continuing transactions.

Article 5 – The Agreement

Subject to paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions.
If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt electronically. Until receipt is confirmed, the consumer may dissolve the contract.
If concluded electronically, the entrepreneur shall take suitable technical and organizational measures to secure electronic data transfer and ensure a safe web environment. If electronic payment is possible, the entrepreneur will provide appropriate security measures.
The entrepreneur may, within legal limits, investigate whether the consumer can meet payment obligations and consider relevant facts for responsible contract conclusion. If grounds exist not to conclude the contract, the entrepreneur may refuse an order or attach special conditions.
Upon delivery of a product or service, the entrepreneur will provide, in writing or on a durable medium:
- The business address for complaints;
- Conditions and method for exercising the right of withdrawal or a statement excluding it;
- Warranty and post-purchase service information;
- The data referred to in Article 4 paragraph 3, unless already provided;
- Cancellation requirements if the contract has a duration of more than one year or indefinite duration.
For continuing transactions, the previous paragraph applies only to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient product availability.

Article 6 – Right of Withdrawal

For product deliveries:

When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 14 days. The cooling-off period begins on the day after the consumer, or a designated representative notified to the entrepreneur, receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, the product must be returned with all supplied accessories and, if reasonably possible, in the original condition and packaging, following the clear instructions provided by the entrepreneur.
If the consumer wishes to use the right of withdrawal, they must notify the entrepreneur within 14 days of receipt of the product, using the model form or another clear communication method (e.g., email). After notifying, the consumer must return the product within 14 days. The consumer must provide proof of timely return (e.g., proof of shipment).
If the consumer has not notified or returned the product within the periods specified in paragraphs 2 and 3, the purchase becomes final.

For service deliveries:

For services, the consumer has the right to dissolve the agreement without giving reasons within at least 14 days, starting from the day the contract was concluded.
To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

The consumer bears the direct costs of returning the product.
If the consumer has already paid, the entrepreneur shall refund this amount as soon as possible and no later than 14 days after withdrawal, provided the product has been received back or the consumer supplies proof of return.
Refunds will be made using the same payment method the consumer used, unless expressly agreed otherwise.
If the product is damaged due to careless handling by the consumer, they are liable for any depreciation in value.
The consumer cannot be held liable for depreciation if the entrepreneur has not provided all legally required information about the right of withdrawal before the purchase.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products or services, as stated in paragraphs 2 and 3. This exclusion applies only if it was clearly stated in the offer, or at least before the conclusion of the agreement.

Exclusion for products:

Products made to the consumer’s specifications.
Clearly personal items.
Products that, due to their nature, cannot be returned.
Products that deteriorate or expire quickly.
Products whose price depends on financial market fluctuations beyond the entrepreneur’s control.
Newspapers and magazines.
Audio/video recordings or computer software where the seal has been broken.
Hygiene products where the seal has been broken.

Exclusion for services:

Services relating to accommodation, transport, catering, or leisure activities performed on a specific date or within a set period.
Services that started with the consumer’s express consent before the cooling-off period ended.
Services relating to betting or lotteries.

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 due to VAT adjustments.
In deviation from the above, the entrepreneur may offer products or services whose prices are tied to financial market fluctuations (beyond the entrepreneur’s control) at variable prices. This link and the fact that stated prices are indicative must be clearly mentioned.
Price increases within 3 months of the agreement are only allowed if based on legislation or regulations.
Price increases after 3 months are only allowed if agreed upon in advance and the consumer has the right to cancel the agreement from the day the increase takes effect.
Prices stated for products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for such errors, and the entrepreneur is not obliged to deliver products at an incorrect price.
Our discounts are temporary and seasonal. They may apply during special promotions, clearance periods, or limited-time campaigns but are not permanent.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of soundness and usability, and applicable legal provisions and government regulations at the time of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable for use beyond normal expectations.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights under the agreement.
Legal warranty applies to all products, but its duration may vary depending on the nature of the product.
Defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.
The warranty does not apply if:
- The consumer or a third party has repaired or altered the products.
- The products have been exposed to abnormal conditions or used carelessly, or not in accordance with the entrepreneur’s instructions or the packaging.
- The defect is wholly or partly due to government regulations regarding the nature or quality of materials used.

Article 11 – Delivery and Performance

The entrepreneur will exercise the utmost care in receiving orders and executing product deliveries, as well as in assessing service requests.
The place of delivery is the address provided by the consumer to the entrepreneur.
Subject to what is stated in paragraph 4, accepted orders will be executed 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 in whole or in part, the consumer will be notified within 30 days of placing the order. In that case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to damages.
All delivery periods are indicative. Consumers cannot derive rights from stated periods. Exceeding a delivery period does not entitle the consumer to damages.
In the event of dissolution under paragraph 3, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. No later than delivery, it will be clearly stated that a replacement item is being supplied. Replacement items cannot exclude the right of withdrawal. Any return costs are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a designated representative, unless expressly agreed otherwise.

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

Termination

The consumer may terminate an agreement entered into for an indefinite period, which involves regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement involving regular delivery of products (including electricity) or services at the end of the fixed duration, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate agreements mentioned above:
- At any time, not restricted to termination at a specific time or period.
- In the same manner in which they were concluded.
- With the same notice period the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement involving regular delivery of products or services may not be tacitly renewed or extended for a fixed period.
By way of exception, a fixed-term agreement for delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum of three months, provided the consumer can terminate at the end of the extension with a notice period of no more than one month.
A fixed-term agreement involving regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month (three months for less-than-monthly newspaper or magazine deliveries).
A limited-term introductory subscription to newspapers and magazines will not be tacitly renewed and ends automatically after the trial period.

Duration

If an agreement lasts more than one year, the consumer may terminate after one year at any time with a notice period of no more than one month, unless reasonableness and fairness prevent early termination before the agreed end date.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6 paragraph 1 begins. For service contracts, this period starts once the consumer receives confirmation of the agreement.
The consumer has a duty to immediately report inaccuracies in payment details provided or stated.
In case of non-payment, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs communicated to the consumer in advance.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about contract performance must be submitted fully and clearly to the entrepreneur within 2 months after the consumer discovered the defects.
Complaints submitted will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of 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 procedure.
Consumers must first submit complaints to the entrepreneur. If the web shop is affiliated with WebwinkelKeur and disputes cannot be resolved, consumers may contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Membership can be verified at https://www.webwinkelkeur.nl/ledenlijst/.
If mediation fails, the consumer may submit the complaint to WebwinkelKeur’s independent dispute committee, whose decision is binding. Both entrepreneur and consumer must comply. Costs may apply to the consumer.
Consumers may also file complaints via the European ODR platform (http://ec.europa.eu/odr).
Complaints do not suspend the entrepreneur’s obligations unless agreed otherwise in writing.
If a complaint is found valid by the entrepreneur, they may replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions 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 or deviating provisions may not disadvantage the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable medium.

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