GENERAL CONDITIONS GETSBY
Article 1 - Definitions
In these conditions the following terms have the following meanings:
- Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Remote agreement: an agreement whereby, within the framework of a system for the distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
- Technology for remote communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Day: calendar day;
- Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
|COMPANY NAME||Getsby (“GetsbyGift.com”)|
|BUSINESS ADDRESS||Vendelseweg 49, 3905 LB Veenendaal|
|PHONE||+31 318 700 658 (Available on working days from 10 am to 5 pm)|
|Chamber of Commerce number||60307714|
|VAT number||NL 001 923 203 B23|
|IBAN||NL07 RABO 0171 511 255|
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
Article 4 - Establishment of the Agreement
- The Agreement is concluded by and at the time of sending the confirmation of the Assignment by GetsbyGift.com or, in the absence of such confirmation, by performing the Service.
- GetsbyGift.com reserves the right to refuse an Assignment for reasons of its own or to impose further conditions.
- GetsbyGift.com reserves the right to make products and / or images with an offensive image, offensive or racist texts and / or that are otherwise contrary to the law, public order and / or morality - at the discretion of GetsbyGift.com and / or its suppliers.
Article 5 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any delivery costs;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or implementation of the agreement;
- the period for accepting the offer, or the period for adhering to the price;
- the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- if the contract is filed after conclusion, how it can be consulted by the consumer;
- the way in which the consumer can obtain information about actions he does not want before concluding the contract, as well as the way in which he can rectify these before the contract is concluded;
- any languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of an agreement that extends to the continuous or periodic delivery of products or services.
Article 6 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 5, when the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
- The entrepreneur will send the following information with the product or service 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 entrepreneur where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on existing after-sales service and guarantees;
- the price including all taxes on the product, service or digital content; to the extent that
apply the costs of delivery; and the method of payment, delivery or execution of the
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- if the consumer has a right of withdrawal, the model withdrawal form.
- If the entrepreneur has undertaken to supply a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 7 - Right of withdrawal
- The consumer can terminate an agreement with regard to the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
- The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
- for contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not supplied on a tangible medium:
- The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
- The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a tangible medium if you do not inform about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
Article 8 - Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he should in a shop.
- The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
- The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 9 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return. If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.
- If the consumer withdraws after first expressly requesting that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale commences in a limited volume or certain quantity, commences during the cooling-off period, the consumer is the entrepreneur. amount due that is proportionate to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full fulfillment of the obligation.
- The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement for withdrawal or the model withdrawal form, or;
- the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the reflection period.
- The consumer does not bear any costs for the full or partial delivery of digital content that is not supplied on a tangible medium if:
- prior to delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
- he has not acknowledged that he loses his right of withdrawal when giving his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer makes use of his right of withdrawal, all additional contracts will be terminated by operation of law.
Article 10 - Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer reports the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- The entrepreneur uses the same payment method that the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 11 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and / or services;
- Service contracts, after full performance of the service, but only if:
- execution has begun with the express prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
- Agreements related to leisure activities, if the agreement provides for a specific date or period of implementation;
- Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- Products that, by their nature, are irrevocably mixed with other products;
- Alcoholic drinks, the price of which was agreed when the contract was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, of which the seal was broken after delivery;
- Newspapers, magazines or magazines, with the exception of subscriptions to these;
- The delivery of digital content other than on a tangible medium, but only if:
- execution has begun with the express prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal.
Article 12 - The price
- During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the contract on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT unless otherwise indicated.
Article 13 - Compliance and Warranty
- The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
- An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur under the law and / or the distance contract.
Article 14 - Delivery and implementation
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without costs and the right to any compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and representative announced to the entrepreneur, unless expressly agreed otherwise.
Article 15 - Duration transactions: duration, cancellation and extension
- The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of at least top one month.
- The consumer can the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel in the same way as they have been entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
- A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
- Contrary to the previous paragraph, a contract that has been entered into for a definite period and that 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 has this extended contract for a can terminate the extension with a notice period of up to one month.
- A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of up to one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 16 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after the issue of these documents.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s) concerned before the stipulated prepayment has taken place.
- The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
- In case of default by the consumer, the entrepreneur has the right to charge the reasonable costs made known to the consumer, subject to legal restrictions.
Article 17 - Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer..
Article 18 - Intellectual property
The Buyer expressly acknowledges that all intellectual property rights of displayed information, notices or other expressions with regard to the products and / or with regard to the internet site rest with GetsbyGift.com, its suppliers or other entitled parties.
Article 19 - Personal data
Article 20 - Applicable law and competent court
All offers from GetsbyGift.com, its agreements and their implementation are exclusively governed by Dutch law. Applicability of the Vienna Sales Convention is expressly excluded.
Article 21 - Links
Article 22 - Your rights
You can always ask GetsbyGift.com what data is processed about you. You can send an e-mail for this. You can also ask GetsbyGift.com to make improvements, additions or other corrections by email, which GetsbyGift.com will process as soon as possible. If you no longer appreciate receiving information, you can notify GetsbyGift.com. Information is only sent if you have provided your email address.
Article 23 - Additional or different stipulations
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
Appendix 1 - Form for withdrawal
Download it here Withdrawal form.