General Terms and Conditions
Table of Contents
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 the event 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 performance contracts: 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, the following definitions apply:
Cooling-off period: the period within which the customer can exercise their right of withdrawal.
Customer: the principal who enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable medium: any means that enables the customer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the customer's option to cancel the distance contract within the cooling-off period.
Model form: the model withdrawal form provided by the entrepreneur, which the customer can complete when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to customers at a distance.
Distance contract: an agreement whereby, in the context of a system organised by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques of distance communication up to and including the conclusion of the agreement.
Technique of distance communication: a means that can be used to conclude an agreement without the customer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
GSID
Schokkerlaan 50
1503 JR Zaandam
Email address: info@gsid.nl
Chamber of Commerce number: 85910449
VAT identification number: NL004162409B83
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the customer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the customer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that the customer can easily store them on a durable medium. 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 by electronic or other means upon the customer's request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the case of conflicting general terms and conditions, the customer may always invoke the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the remainder of the agreement and these terms shall remain in force, and the relevant provision shall be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed 'in the spirit of' these general terms and conditions.
Ambiguities concerning the interpretation or content of one or more provisions of our terms shall be interpreted 'in the spirit 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 explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled 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 customer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to any compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed exactly match the actual colours of the products.
Each offer contains such information that it is clear to the customer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner 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 and performance of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the rate for distance communication if the costs of using the technique of distance communication are calculated on a basis other than the regular base rate for the means of communication used;
whether the agreement is archived after conclusion, and if so, how the customer can consult it;
the manner in which the customer, before concluding the agreement, can check the data they have provided in the context of the agreement and, if desired, correct it;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected themselves and the manner in which the customer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a continuing performance contract.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the customer accepts the offer and meets the associated conditions.
If the customer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transmission of data and will ensure a secure web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may – within legal frameworks – inform themselves as to whether the customer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application with reasons or to attach special conditions to its execution.
The entrepreneur will include the following information with the product or service to the customer, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur's establishment where the customer can submit complaints;
b. the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the data referred to in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the customer before the execution of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
Upon delivery of products:
When purchasing products, the customer has the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the customer or a representative designated in advance by the customer and made known to the entrepreneur.
During the cooling-off period, the customer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the customer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receiving the product. The customer must make this known by means of the model form or by another means of communication such as email. After the customer has indicated that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If the customer has not made known their wish to exercise the right of withdrawal after the periods referred to in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.
The customer's right of withdrawal does not apply if products have been custom-made or specially manufactured, developed or programmed for the customer.
Upon delivery of services:
Upon delivery of services, the customer has the option to dissolve the agreement without giving reasons for at least 14 days, commencing on the day of entering into the agreement.
To exercise their right of withdrawal, the customer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in the event of withdrawal
If the customer exercises their right of withdrawal, at most the costs of return shipment will be at their expense.
If the customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. The condition is that the product has already been received back by the web retailer or that conclusive proof of complete return shipment can be provided. Refunds will be made via the same payment method used by the customer, unless the customer expressly agrees to a different payment method.
In the event of damage to the product due to careless handling by the customer themselves, the customer is liable for any loss in value of the product.
The customer cannot be held liable for the loss in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the customer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the customer's specifications;
b. that are clearly personal in nature;
c. that by their nature cannot be returned;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the customer has broken the seal;
h. for hygienic products of which the customer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery has commenced with the customer's express consent before the cooling-off period has expired;
c. relating to bets and lotteries.
Article 9 – 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 resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from 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:
a. they are the result of statutory regulations or provisions; or
b. the customer has the authority to terminate the agreement as of the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and warranty
The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The customer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the customer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the customer will be notified of this no later than 30 days after they placed the order. In that case, the customer has the right to dissolve the agreement at no cost. The customer is not entitled to any compensation.
All delivery periods are indicative. The customer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the customer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the customer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the entrepreneur's expense.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Continuing performance contracts: duration, termination and renewal
Termination
The customer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
The customer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite duration, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
The customer may, with regard to the agreements mentioned in the previous paragraphs:
terminate them at any time and not be limited to termination at a specific time or in a specific period;
at least terminate them in the same manner as they were entered into by them;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months, if the customer can terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the customer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the case 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 for the regular trial 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.
Duration
If an agreement has a duration of more than one year, the customer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts due from the customer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the customer has received confirmation of the agreement.
The customer has the duty to immediately report inaccuracies in the payment details provided or stated to the entrepreneur. In the event of non-payment by the customer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the customer in advance.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the customer has identified 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the customer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. In the case of complaints, a customer should first turn to the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the customer to which these general terms and conditions relate are governed exclusively by Dutch law. This also applies if the customer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the customer's detriment and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable medium.
Note: This is an English translation of the original Dutch General Terms and Conditions for informational purposes. In the event of any discrepancy or dispute, the original Dutch version shall prevail and Dutch law applies (Article 15).