| gbashop.com : |
an enterprise that trades under the
name of HarPet. This enterprise has been listed in the Trade Register of
the Chamber of Commerce West-Brabant, entry number 18069004, since 01-01-2003.
Its principal place of business is in Tilburg. |
| Product: |
the product or products which, on account of an
agreement entered into by you and gbashop.com, must be delivered to you within
the term agreed upon and for which you are to pay the price agreed upon;
|
| Confirmation of receipt: |
the confirmation of receipt as described in article
4.2 of these standard terms and conditions; |
| Conditions: |
These Standard Terms and Conditions |
2. GUARANTEE |
|
2.1 |
GBAshop will give a full, two months guarantee
on all its BACKUP-products.Guarantee on the other products will only be
given in so far as GBAshop's suppliers have provided this to GBAshop and
the defect is covered by the guarantee referred to. The guarantee period
shall end as soon as GBAshop's claim on the suppliers' guarantee has ended.
The guarantee period shall be two (2) months maximum.
To software on CD or DVD the warranty apply up to 24 hours after reception. Within these 24 hours you must then communicate with the GBASHOP that there is a failure on the CD or DVD.
|
3. APPLICABILITY. |
|
3.1 |
gbashop.com shall at all times have the right to
alter the contents of its web site and these standard terms and conditions. |
|
3.2 |
The stipulations of these standard terms and conditions
can only be deviated from after written approval by gbashop.com, in which
case the other stipulations of these standard terms and conditions shall
remain in full force. |
|
3.3 |
Customers under 18 years old are deemed to ask permission
from their parents, guardian or co-guardian. Or another person who exercises
control over them. |
|
3.4 |
All rights and claims, as stipulated in these standard
terms and conditions and stipulated in other agreements, if any, for the
benefit of gbashop.com, shall also be stipulated for intermediaries and third
parties engaged for the benefit of gbashop.com. |
|
3.5 |
These terms and conditions shall apply to all offers,
orders and agreements to which gbashop.com is a party, concluded via our
web site gbashop.com, to the exclusion of any other General Conditions. By
concluding an agreement between you and gbashop.com by means of the procedure
described in article 4 of these conditions, you explicitly accept these
terms and conditions. |
4. OFFERS / AGREEMENTS |
|
4.1 |
Naturally, all offers on gbashop.com's website are
without engagement, until you have received a confirmation by e-mail. In
the event that gbashop.com is obliged to increase the price of a product,
pursuant to statutory regulations or pursuant to a final and binding decision
of the court, gbashop.com will immediately inform you about this via e-mail.
In that case you shall have the right to dissolve the agreement; however,
you are to report this to gbashop.com via e-mail. |
|
4.2 |
The agreement between you and gbashop.com will come
into effect after you:
(a) you have placed an order on our web site gbashop.com by clicking on the
icon "plaats bestelling" ("Place Order"),
(b) you have subsequently entered all the data and you have clicked on the
"verstuur bestelling" ("send order") icon.
After you have followed these procedures on our website gbashop.com you will
receive a confirmation (the confirmation of receipt), which will be sent
to the e-mail address provided by you on our order form on our website gbashop.com.
From that moment on the agreement between you and gbashop.com will be in
full force and legally valid.
gbashop.com's administration shall, unless the contrary is proved, be considered
to be proof of the orders placed by you, of payments made by you and of
deliveries effected by gbashop.com.
gbashop.com acknowledges that electronic communication can serve as proof;
by accepting these terms and conditions you acknowledge this as well. |
|
4.3 |
The confirmation of receipt shall, in all cases,
contain the following information:
(A) the price of the product;
(B) forwarding charges;
(C) your name, address and your e-mail address;
(D) term of delivery of the product (within 24 hours, subject to availability,
otherwise 10 working days);
(E) gbashop's e-mail address (you can always send questions or remarks
about the product / products ordered by you to this address);
(F) the order number of the agreement. |
5. DELIVERY PERIOD: |
|
5.1 |
The product will be delivered within 24 hours, provided
the product is in stock. |
|
5.2 |
If the product is not in stock we will try to deliver
it within 10 working days. |
6. TRANSPORTATION AND COSTS. |
|
6.1 |
All transport costs will depend on the delivery
method chosen by you.
European delivery.
Payable in advance and by registered post. The amount due + 10 euro forwarding
costs must be paid into our bank account; as soon as we have received the
money, we will send you the parcel by registered post. The e-mail confirmation
which we will send to you upon receiving your order contains all the relevant
banking data.
Global delivery.
Payable in advance and by registered post. The amount due + 15 euro forwarding
costs must be paid into our bank account; as soon as we have received the
money, we will send you the parcel by registered post. The e-mail confirmation
which we will send to you upon receiving your order contains all the relevant
banking data.
When you pay by creditcard you have to pay a extra fee of 4% on the total amount |
|
6.2 |
All risks during transport of the product ordered
by you shall be for gbashop.com. The moment when you take receipt of the
product or products the risk is transferred to you. Except for the liability
which by law cannot be excluded by gbashop.com. |
7. COMPLAINTS |
|
7.1 |
All complaints of any nature whatsoever will be
dealt with seriously by gbashop.com. |
|
7.2 |
You must describe a complaint as clearly as you
can and inform the sales department of gbashop.com of it. |
|
7.3 |
gbashop.com will attend to your complaint as soon
as possible and will try to solve it. Within a reasonable term of 10 working
days at most. gbashop.com will inform you of this in writing by e-mail. |
| 8. THE RIGHT OF REVOCATION |
|
8.1 |
Because you do not have an opportunity to see the products in advance,
you will get 7 working days' 'time for reflection', within which you are
allowed to return the product in undamaged state, including the packing
materials and receipt, without giving reasons. |
|
8.2 |
In the event that you return (a) product(s) all forwarding charges will
be deducted from the amount paid by you. If we know your bank account number
the remaining amount will be transferred to your account within 10 working
days. |
|
8.3 |
The term of seven working days commences on the moment when the product
has been delivered to you. |
|
8.4 |
This arrangement shall not apply when you collect the goods yourself in
Tilburg. |
9. PRIVACY. |
|
9.1 |
gbashop.com will process your personal data and store
them in a file. |
|
9 .2 |
The reason why gbashop.com processes your personal
data is to enable us to correctly process the agreement we entered into
with you. We hereby declare that we will never trade in your personal data,
or put them at the disposal of third parties. |
|
9.3 |
The only data processed by us are the data filled
in on the order form by you when ordering a product from us. |
|
9.4 |
Naturally you are allowed at all times to inspect
your personal data; you can do this by informing us in writing by (fax,
letter or e-mail). Within five weeks we will provide you with an overview
of the personal data stored in our systems by us. If you are of the opinion
that the data must be corrected or supplemented, removed or protected because
they are factually incorrect, incomplete or irrelevant to the objective
mentioned above (see paragraph 9.2), or in violation of the statutory provisions,
you must also inform us of this (by means of a fax, letter or e-mail), thereby
stating that your personal data must be corrected, supplemented, removed
or protected. At the same time you must indicate what gbashop.com is allowed
to do; in that case we will comply with your instructions, unless we are
not able to do so; in the latter case gbashop.com will remove your data from
the system or file. |
10. APPLICABLE LAW, MEDIATION AND DISPUTES. |
|
10.1 |
Should a dispute arise between you and gbashop.com
in connection with the agreement entered into between you and gbashop.com,
you may request us to have the Consumers' Association mediate in the dispute,
unless gbashop.com is of the opinion that the nature of the dispute does
not justify such a mediation. |
|
10.2 |
Netherlands law shall apply to all agreements entered
into with gbashop.com. |
|
10.3 |
If a dispute cannot be settled amicably on the basis
of article 10.1 or in any other way the court in 's-Hertogenbosch shall
be competent to take cognizance of the dispute, unless you inform gbashop.com
within 3 weeks (by means of a fax, letter or e-mail) after the dispute has
arisen that you object to this. In the latter case the provisions of the
Code of Civil Procedure (wetboek van burgerlijke rechtsvordering) shall
apply. |
