Terms and conditions
Terms and Conditions
This website is operated by Gijs Commerce. Throughout the site, the terms "we", "us" and "our" refer to Gijs Commerce. Gijs Commerce offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and policies referenced herein and/or available via a hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Article 1 – Definitions
In these terms and conditions the following definitions apply:
Cooling-off period: the period within which the consumer may exercise the right of withdrawal. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur. Day: calendar day. Continuous transaction: 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 data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance. Distance contract: an agreement concluded between the entrepreneur and the consumer in the framework of an organized system for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more means of distance communication. Means of distance communication: a method that can be used for concluding an agreement, without the consumer and the entrepreneur being simultaneously present in the same room. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Email address: gijsbomer@gmail.com
Business name: Gijs Commerce
Chamber of Commerce number: 98082922
Address: Frans Halsstraat 7
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between entrepreneur and 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, it shall be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer 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 can be provided to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the rest, and the provision in question shall be replaced by mutual agreement as soon as possible by a provision that approaches the purpose 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. Uncertainties regarding 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 validity period or is made under 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true 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 compensation or dissolution of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular: the price, excluding clearance costs and import VAT. These additional costs will be the responsibility and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services with regard to import. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the clearance costs) from the recipient of the goods; the possible costs of shipping; 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 level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the communication tool used; whether the agreement will be archived after conclusion, and if so how it can be accessed by the consumer; the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement; the possible other languages in which, besides Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a continuous transaction. Optional: available sizes, colors, type of materials.
Article 5 – The Agreement
The agreement comes into effect, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions thereby set. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures. The entrepreneur may – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a sound conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled, with justification, to refuse an order or request or to attach special conditions to its execution. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints; the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; the information about guarantees and existing after-sales service; the data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, has received the product. During the cooling-off period, the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When the consumer wishes to exercise the right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. Notification must be made by a written message/email. After the consumer has indicated that he wishes to exercise the right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. If, after the terms referred to in paragraph 2 and 3, the consumer has not indicated that he wishes to exercise the right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in Case of Withdrawal
If the consumer makes use of the right of withdrawal, the costs of returning the products shall be borne by the consumer. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, on the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer’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 concluding the agreement. Exclusion of the right of withdrawal is only possible for products: that are made by the entrepreneur according to the consumer’s specifications; that are clearly personal in nature; that cannot be returned due to their nature; that can spoil or age quickly; whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; for single newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; for hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period; the delivery of which has begun with the explicit consent of the consumer before the cooling-off period has expired; concerning bets and lotteries.
Article 9 – The Price
During the validity period 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. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be 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 terminate the agreement as of the day on which the price increase takes effect. The place of delivery, on the basis of Article 5, first paragraph, of the Dutch Turnover Tax Act 1968, is the country where transport begins. In this case, this delivery takes place outside the EU. Consequently, import VAT and/or clearance costs will be collected from the buyer by the postal or courier service. Therefore, the entrepreneur will not charge VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity 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 and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in the original packaging and in new condition. The warranty period of the entrepreneur corresponds with the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if: the consumer has repaired and/or altered the delivered products himself or has had them repaired and/or altered by third parties; the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or packaging; the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
The entrepreneur shall take the greatest possible care when receiving and executing orders for products. With due observance of what is stated in Article 4 of these general terms and conditions, the company shall 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 carried out or can only be carried out partially, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement free of charge and the right to possible compensation.
In the event of dissolution in accordance with the previous paragraph, 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 shall make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by 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 representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Termination and Renewal
Termination
The consumer 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 agreed termination rules and a notice period of no more than one month.
The consumer 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 at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs: at any time and not be limited to termination at a specific time or in a specific period; at least in the same way as they were entered into by him; always with the same notice period as the entrepreneur has stipulated for himself.
Renewal
An agreement entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly renewed or extended for a definite period. In deviation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily newspapers, news, and weekly magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension 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 consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily newspapers, news, and weekly magazines.
An agreement with a limited duration for the regular delivery of daily newspapers, news, and weekly magazines (trial or introductory subscription) will not be tacitly renewed and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year 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 owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement. The consumer has the duty to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur, subject to statutory limitations, has the right to charge the consumer the reasonable costs previously made known.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects. Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
Article 16 – Contact Information
Questions about the Terms of Service can be sent to us via gijsbomer@gmail.com