Terms and Conditions
General terms and conditions
Article 1 - Definitions
In these terms and conditions the following definitions apply :
Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a professional or commercial activity and who concludes a distance contract with the Entrepreneur;
Day: calendar day;
Continuous contract: a distance contract for a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
durable medium: any means which enables the consumer or business to store information addressed personally to him in a way which permits future consultation and unchanged reproduction of the information stored.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person who supplies products and/or services at a distance to consumers;
Distance contract: a contract under which, until the conclusion of the contract, exclusively one or more techniques of distance communication are used in a system organized by the Entrepreneur for the distance sale of products and/or services;
Technique of distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur having met simultaneously in the same room.
Article 2 - Identity of the Entrepreneur
Glemo
Haydnstraat 2 7132AK Lichtenvoorde
E-mail address: info@glemoshop.com
Chamber of Commerce number: 90904400
Sales tax identification number: NL004849981B50
Article 3 - Validity
These General Terms and Conditions apply to every offer made by the Entrepreneur and to all distance contracts and orders concluded between the Entrepreneur and the Consumer.
Before the conclusion of the contract, the text of these General Terms and Conditions shall be made available to the Consumer. If this is not reasonable, it will be pointed out before the conclusion of the contract that the General Terms and Conditions can be consulted at the Entrepreneur's and will be sent free of charge as soon as possible upon the Consumer's request. .
If the contract is concluded electronically, with the exception of the previous paragraph, the text of these General Terms and Conditions may be provided to the consumer before the conclusion of the contract in electronic form so that it can be easily stored durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the contract where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge by electronic or other means at the request of the consumer.
For certain product or service conditions, in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply mutatis mutandis and the consumer may always invoke the provision most favorable to him in the event of conflicting General Terms and Conditions.
If at any time one or more provisions of these General Terms and Conditions are wholly or partially void or damaged, the contract and these General Terms and Conditions shall remain in force and the provision in question shall immediately be replaced by mutual agreement with a provision that comes as close as possible to the original.
Situations not governed by these General Terms and Conditions should be considered as "within the meaning" of these General Terms and Conditions.
Uncertainties about the interpretation or content of one or more provisions of our General Terms and Conditions shall be explained "in terms of" these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is subject to change. The Entrepreneur has the right to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to adequately evaluate the offer. If the Entrepreneur uses pictures, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the contract.
Pictures of products are a true representation of the products offered. The Entrepreneur cannot guarantee that the colors shown are exactly the same as the actual colors of the Products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This applies in particular to:
- the price including taxes;
- possible shipping costs;
- the manner in which the contract is concluded and what measures are required for this,
- whether or not the right of withdrawal applies;
- The method of payment, delivery and execution of the contract;
- the condition of acceptance of the offer or the deadline - - the entrepreneur guarantees the price;
the amount of the speed for distance communication, if the cost of using the technology for distance communication is calculated on a basis other than the usual prime rate of the means of communication used;
- whether the agreement is archived after the conclusion of the agreement and, if so, how it can be consulted by the consumer;
- the manner in which the consumer may verify and, if necessary, correct the data provided by him under the agreement prior to its conclusion;
- other languages in which the contract may be concluded besides German;
- the codes of conduct to which the trader adheres and the way in which the consumer will be able to use these codes of conduct
can consult electronically, and - the minimum distance to the distance contract in the case of a continuous service contract
- optional: available sizes, colors, type of material.
Article 5 - The contract
Subject to the provisions of paragraph 4, the contract shall be concluded at the moment of acceptance of the offer by the Consumer and fulfillment of the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the recipient of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur may ask - within the legal framework - whether the consumer can meet his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the contract. If, on the basis of this investigation, the Entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
The entrepreneur sends the consumer with the product or service the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a entrepreneur to whom the consumer can submit complaints;
b the conditions and manner in which the consumer may exercise the right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
c) information about guarantees and existing customer service;
d the information contained in Article 4(3) of these General Terms and Conditions, unless the Entrepreneur has already provided the Consumer with this information before the conclusion of the contract;
e the conditions for termination of the contract, if the contract has a duration of more than one year or is indefinite.
In the case of a long-term transaction, the provision in the previous paragraph shall apply only to the first delivery.
Each contract is concluded subject to conditions precedent for sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period shall commence on the day following receipt of the Product by the Consumer or a representative designated in advance by the Consumer and notified to the Entrepreneur.
During the cooling-off period, the Consumer shall handle the Product and the packaging with care. He will unpack or use the product only to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product to the Entrepreneur with all accessories supplied and - if reasonable - in its original condition and packaging in accordance with the Entrepreneur's reasonable and clear instructions.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receipt of the goods. The consumer must make this known by a written message/email. After the consumer has declared that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove the timely return of the delivered goods, for example, by proof of shipment.
If, after the expiry of the periods referred to in points 2 and 3, the Customer has not declared that he wishes to exercise his right of withdrawal and the goods are not returned to the Entrepreneur, the purchase shall be deemed to have been made.
Article 7 - Withdrawal costs
If the consumer exercises his right of withdrawal, the consumer bears the cost of returning the goods.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the trader or conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The Contractor may exclude the Consumer's right of withdrawal for the Products described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall apply only if the Contractor states this in the offer, at least in time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
a) which have been created by the Contractor according to the specifications of the Consumer;
b which have a clearly personal character
c which, due to their nature, cannot be returned; and
d that can be quickly destroyed or become obsolete;
e whose price is subject to fluctuations in the financial market over which the Entrepreneur has no control;
f) for loose newspapers and magazines;
g for audio and video recordings and computer software whose seal has been broken by the consumer.
h for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is possible only for services:
(a) for accommodation, transport, restaurant or leisure activities carried out on a specific date or during a specific period;
b delivery that has begun with the express consent of the consumer before the expiry of the withdrawal period;
c in relation to games and lotteries.
Article 9 - The price
During the period of validity indicated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the Contractor may offer Products or Services whose prices are subject to the fluctuations of the financial market and over which the Contractor has no control, at variable prices. This fluctuation dependence and the fact that the prices quoted are indicative prices shall be indicated in the offer.
Price increases within 3 months after conclusion of the contract are only permissible if they are based on legal regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permissible if the entrepreneur has decided to do so and:
(a) are based on statutory provisions or regulations; or
b the consumer has the right to withdraw from the contract on the day the price increase becomes effective.
The prices stated in the offer of products or services include the statutory value added tax.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the Contractor is not obliged to deliver the Product at the wrong price.
Article 10 - Compliance and warranty
The Contractor warrants that the Products and/or Services will comply with the Contract, the specifications stated in the quotation, reasonable requirements for reliability and/or usability, and existing legal and/or regulatory requirements of the Contract. If agreed, the Contractor also warrants that the product is suitable for other than normal use.
A warranty given by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the Contractor in writing within 14 days of delivery. The product must be returned in its original packaging and in a new condition.
The Contractor's warranty period shall be the same as the manufacturer's warranty period. However, Contractor shall never be liable for the ultimate suitability of the Products for each individual consumer application or for any advice regarding the use or application of the Products.
The warranty shall not apply if:
- the consumer has repaired and/or treated the delivered products himself or has had them repaired and/or treated by third parties;
- the delivered products have been exposed to unusual conditions or otherwise treated negligently or contrary to the contractor's instructions and/or handled at the packaging;
- The defect is wholly or partly due to government regulations regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The Contractor shall exercise the utmost care in receiving and executing orders for Products.
The place of delivery shall be the address that the consumer makes known to the Company.
In compliance with Article 4 of these General Terms and Conditions, the Company will execute accepted orders expeditiously, but no later than within 30 days, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after the order. In this case, the consumer has the right to dissolve the contract free of charge and the right to compensation.
In case of dissolution according to the previous paragraph, the Entrepreneur shall refund the amount paid by the Consumer as soon as possible, but no later than within 14 days after the dissolution.
If the delivery of an ordered product is impossible, the Contractor will make every effort to obtain a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item will be delivered. The right of withdrawal cannot be excluded in the case of replacement items. The costs of any return shipment shall be borne by the Contractor.
The risk of damage and/or loss of the Products shall be borne by the Contractor at the time of delivery to the Consumer or an agent designated in advance and made known to the Contractor, unless expressly agreed otherwise.
Article 12 - Permanent transactions: Duration, cancellation and extension, cancellation.
The consumer may terminate a contract concluded for an indefinite period of time, which covers the regular supply of products (including electricity) or services, subject to the agreed cancellation rules and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract that extends to the regular supply of products (including electricity) or services, at any time before the expiry of the specified period, subject to the agreed cancellation rules and a notice period. Period of not more than one month.
The consumer may conclude the agreements referred to in the previous paragraph:
- cancel at any time and shall not be limited to cancellation at a specific time or for a specific period;
- interrupt in any case in the manner he has entered into;
- always terminate with the same notice period that the entrepreneur himself has set.
Extension
A contract concluded for a certain period of time and covering the normal supply of products (including electricity) or services may not be extended or renewed for a certain period of time.
Notwithstanding the preceding paragraph, a contract concluded for a definite period of time, which extends to the regular delivery of daily news and weekly newspapers and magazines, may be tacitly extended for a maximum period of three months, if the consumer is against. . extended agreement. may terminate the end of the extension with a notice period not exceeding one month.
A fixed-term contract covering the normal delivery of products or services may be extended indefinitely only if the consumer may terminate at any time by giving not more than one month's notice . three months if the contract covers the usual, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not continue tacitly and shall end automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year by giving not more than one month's notice, unless reasonableness and fairness prevent termination before the end of the agreed period.
Article 13 - Payment
Unless otherwise agreed, the debt consumers must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1) The consumer has received confirmation of the contract.
The consumer is obliged to immediately report any inaccuracies in the payment data communicated or notified to the entrepreneur.
In the event of non-payment by the Consumer, the Entrepreneur is entitled, subject to legal restrictions, to charge the Customer reasonable costs notified in advance.
Article 14 - Complaints procedure
Complaints about the performance of the contract must be submitted to the Contractor within seven days after the Consumer has discovered the defects, fully and clearly described.
Complaints addressed to the Contractor shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Contractor shall respond within 14 days with an acknowledgement of receipt and an indication of when the Consumer can expect a more detailed response.
If the complaint cannot be settled amicably, a dispute arises to which the dispute resolution procedure applies.
A complaint does not release the Entrepreneur from its obligations, unless the Entrepreneur indicates otherwise in writing.
If a complaint is deemed justified by the Entrepreneur, the Entrepreneur shall, at its own discretion, replace or repair the delivered Products free of charge.
Article 15 - Disputes
Contracts between the Contractor and the Consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law. Even if the consumer lives abroad.