Terms of service
General terms and conditions
Table of contents
- Validity
- Conclusion of the agreement
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Liability for defects
- Applicable law
- Alternative Dispute Resolution
1) Validity
1.1 These general terms and conditions of C&G B.V.
(hereinafter referred to as 'seller') apply to all agreements that a consumer or entrepreneur (hereinafter referred to as 'customer') concludes with the seller with regard to the products and/or services shown by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for purposes that predominantly fall outside the independent exercise of a profession or business. An entrepreneur within the meaning of these general terms and conditions is any natural person or any legal entity or any partnership that concludes a legal transaction in the context of the independent exercise of a profession or business.
2) Conclusion of the agreement
2.1 The product descriptions shown in the seller's online shop do not constitute a binding offer from the seller, but serve to invite the customer to enter into a binding agreement.
2.2 The customer can place an order via the online order form integrated into the seller's online shop. In doing so, the customer, after having placed the selected goods and/or services in the virtual shopping cart and gone through the digital ordering process, enters into a binding purchase agreement with regard to the goods and/or services contained in the shopping cart by clicking on the button to complete the order. However, the order can only be sent after the customer has ticked the box for 'I have read and agree to the general terms and conditions' in order to accept the contractual conditions.
2.3 The seller can accept the customer's order within 5 days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered items to the customer, whereby the receipt of the items by the customer is decisive, or
- by asking the customer to pay after delivery of this order.
In any case, the seller will send the customer a confirmation of the order with an explanation of how the general terms and conditions can be downloaded and printed using the 'Print' function.
If there are several of the aforementioned alternatives, the agreement will be concluded when one of the aforementioned alternatives is the first to occur. If the seller does not accept the customer's order within the stated period, this will be considered a rejection of the agreement, with the result that the customer is no longer bound by his declaration of intent.
2.4 The period for accepting the order begins on the day after the customer places the order and ends at the end of the fifth day after placing the order.
2.5 When placing an order via the seller's online order form, the content of the contract is stored by the seller. After sending his order, the customer will receive the applicable general terms and conditions and customer information in text form (e.g. by e-mail, fax or letter) in addition to the contract. If the customer has created a user account in the seller's online shop before placing his order, the order data will be archived on the seller's website and will be accessible to the customer free of charge via his password-protected user account by providing the relevant login data.
2.6 Before the customer sends his binding order via the seller's online order form, the customer can change his entered data using the usual keyboard and mouse functions. In addition, all entered data before sending the binding order can be viewed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.
2.7 The seller guarantees 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 legal provisions and/or government regulations in force on the date the agreement is concluded.
2.8 Only a Dutch version is available for concluding the agreement.
2.9 The ordering process and contact usually take place via e-mail and automatic order processing. The customer must ensure that the e-mail address provided by him is correct so that the messages sent by the seller to this e-mail address can be received. The customer must ensure in particular that any spam filters do not block messages sent by the seller or by third parties commissioned with the processing of the order.
3) Right of withdrawal
3.1 In principle, consumers have a right of withdrawal.
3.2 Further information about the right of withdrawal can be found in the seller's standard withdrawal instructions.
4) Prices and payment terms
4.1 The prices indicated by the seller are total prices, including the statutory sales tax. Any delivery or shipping costs are indicated separately in the respective product descriptions.
4.2 In the case of deliveries to countries outside the European Union, in certain cases additional costs apply that are not borne by the seller and that must be paid by the customer. Examples of these are costs for money transfers by financial service providers (such as certain fees for transfers and currency conversion) or import duties and taxes (such as customs charges).
4.3 The customer has various payment options, which are indicated in the seller's online shop.
4.4 If the customer chooses advance payment, the amount must be paid immediately after the conclusion of the agreement.
4.5 When choosing the iDEAL payment method, the customer authorizes his bank, which is connected to the iDEAL payment system, to execute the payment order. After the authorization for this payment order, the invoice amount is debited from the customer's account and transferred to the seller's account. The seller is immediately informed of the successful payment.
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, about which the customer can be informed separately. Further information about "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de .
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, the delivery of items will take place via shipping to the delivery address specified by the customer. The delivery address specified during the order is decisive for the settlement of the transaction.
5.2 If the transport company returns the shipped order to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer is not to blame for the failed delivery or if he was temporarily prevented from receiving the delivery, unless the seller has announced the delivery within a reasonable period.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or defective self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has carefully concluded a specific cover transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the event that the goods are not or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.
5.4 For logistical reasons, it is unfortunately not possible to collect orders yourself.
5.5 The entrepreneur is not responsible for products that are illegal in the country of receipt; the consumer must ensure that the ordered products comply with local legislation.It is the customer's responsibility to be aware of the laws and regulations in their country concerning the ordered products, and to provide the entrepreneur with the relevant and correct import papers if requested. In the event that delivery of the product is prevented due to a lack of import authorisation, the Entrepreneur shall not be held liable for any damages or costs incurred by customs in seizing the package.Please note that any payments made to the Entrepreneur for products and shipping are non-refundable in the event of a customs seizure.
6) Liability for defects
In general, the statutory regulations regarding liability for defects apply and the following provisions apply in particular.
6.1 For customers in their capacity as consumers
- The customer must report any defect in the delivered item to the seller within two months of discovering the damage.
- The limitation period for complaints regarding defects is two years from the date the defect is reported.
6.2 Apart from the contractual claims for damages under Articles 9 and 10 of Title 1 of Book 6 of the Civil Code, the seller shall not be liable to the buyer for consequential damage or personal injury on the grounds of defects relating to the safety of the delivered article (BW 6:186, BW 7:24). This does not apply
- if the seller knew or should have known of the safety defect;
- if the seller has denied the presence of the defect or;
- if the defect has caused financial damage of less than EUR 500 through damage to another item as referred to in BW 6:190.
7) Applicable law
7.1 If the customer acts as a consumer as referred to in point 1.2, all legal relationships between the parties shall be governed by the law of the state in which the customer has his habitual residence and not by the UN Convention on Contracts for the International Sale of Goods, but exclusively by the jurisdiction with regard to all disputes concerning contracts that are specifically directed at the customer's place of residence.
7.2 If the customer acts as an entrepreneur as referred to in point 1.2, all legal relationships between the parties shall be governed by the law of the state in which the seller has its head office and not by the UN Convention on Contracts for the International Sale of Goods, but exclusively by the jurisdiction with regard to all disputes concerning contracts that is specifically directed at the place of the seller's head office.
8) Alternative dispute resolution
8.1 The European Commission provides a platform for the online resolution of disputes on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from sales or service agreements concluded via the Internet in which a consumer is involved.
8.2 The seller is neither obliged nor prepared to participate in a dispute settlement procedure before a consumer arbitration board.
