Terms and conditions

 

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 case of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The Price

Article 10 - Conformity and Guarantee

Article 11 - Delivery and execution

Article 12 - Continuing performance contract: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or differing provisions

 

Article 1 - Definitions

In these Terms and Conditions, the following terms shall have the meanings set forth below:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  7. Model form: the model form for withdrawal that the entrepreneur makes available and that a consumer can fill in if they wish to exercise their right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
  9. Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
  10. Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same room.
  11. General Terms and Conditions: these general terms and conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

GiG Eco Future B.V

Beatrixstraat 4, 4811SE BredaPhone number: +31 6 41755774

Email address: info@melleson.nl

Chamber of Commerce number: 92257194; VAT number: NL865959894B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
  2. 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, the consumer will be informed that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge as soon as possible, at the consumer's request.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available 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, 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 consumer's request.
  4. In cases where specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.
  5. If at any time one or more provisions of these general terms and conditions are null and void or are wholly or partially annulled, the remainder of the agreement and these terms and conditions will remain in force, and the provision concerned will be immediately replaced, by mutual agreement, by a provision that approximates the purpose of the original provision as closely as possible.
  6. Situations not covered by these General Terms and Conditions should be assessed "in the spirit" of these General Terms and Conditions.7. Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 - The Offer

  1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. 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, 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.
  4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Product images are a true representation of the products offered. The company cannot guarantee that the colors displayed exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular

in particular:

  • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are required for this;
  • whether the right of withdrawal applies;
  • the type of payment, delivery, and execution of the contract;
  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • the amount of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication means used;
  • whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
  • the way in which the consumer, before concluding the contract, can check the data provided by them in the context of the contract and correct it if necessary;
  • any other language than Dutch in which 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 case of a long-term transaction.

Optional: available sizes, colors, material types.

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can – within legal limits – inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.5. The entrepreneur will send the consumer the following information 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:
    1. the visiting address of the entrepreneur's business where the consumer can lodge complaints;
    2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. the details of guarantees and existing after-sales service;
    4. the information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the conclusion of the agreement;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  5. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  6. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and the entrepreneur in advance.
  2. During the cooling-off period, the consumer 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 supplied 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.
  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the goods. The consumer must do this via the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a shipping receipt.
  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

When providing services:

  1. When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
  2. To exercise their right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery. 

Article 7 - Costs in case of withdrawal
  1. If the consumer exercises their right of withdrawal, at most the costs of return shipping will be borne by them.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the goods have already been received by the retailer or that the return can be irrefutably proven. The refund will be made via the same payment method used by the consumer, unless the consumer explicitly agrees to a different payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

  1. 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 the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. that have been created by the entrepreneur in accordance with the consumer's specifications;
    2. that are clearly personal in nature
    3. that cannot be returned due to their nature
    4. that spoil or age quickly;
    5. whose price depends on fluctuations in the financial market
    6. over which the entrepreneur has no influence;
    7. for individual newspapers and magazines
  3. Audio and video recordings and computer software for which the consumer has broken the seal for hygiene products for which the consumer has broken the seal.
  4. Exclusion of the right of withdrawal is only possible for services:
    1. relating to accommodation, transport, restaurant activities or leisure activities to be carried out on a specific date or during a specific period;
    2. the delivery of which began with the consumer's express consent before the end of the cooling-off period;
    3. relating to betting and lotteries.

Article 9 - The Price

  1. 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 due to changes in VAT rates.
  2. Notwithstanding 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 dependence on fluctuations and the fact that the stated prices are target prices will be mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    1. they are the result of legal regulations or requirements; or
    2. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
    3. The prices stated in the offer of products or services include VAT.
    4. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of a printing error, the entrepreneur is not obliged to deliver the product at the incorrect price.
  5. Article 10 - Conformity and Guarantee
    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 other than normal use.
  6. 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 on the basis of the agreement.
  7. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in their original packaging and in new condition.
  8. 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 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 modified the delivered products himself or had them repaired and/or modified by third parties;
      • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or the packaging;
      • the defectiveness is wholly or partly due to regulations that have been or will be issued by the government regarding the type or quality of the materials used.

    Article 11 - Delivery and execution

    1. The entrepreneur will observe the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
    2. The place of delivery is the address that the consumer has made known to the company.
    3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
    4. All delivery times are indicative. The consumer cannot derive any rights from the stated delivery dates. Exceeding a term does not entitle the consumer to any compensation.
    5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
    6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to find replacement items. The delivery of a replacement item will be communicated clearly and comprehensibly at the latest upon delivery. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
    7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

    Article 12 - Extended-term transactions: duration, termination and renewal termination

    1. The consumer can 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.
    2. The consumer can 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 against the end of the definite period, with due observance of the applicable termination rules and a notice period of no more than one month.
    3. The consumer can terminate the agreements referred to in the previous paragraphs
      - terminate at any time and not be limited to termination at a specific time or during a specific period;
      - terminate them at least in the same way as they were entered into by him;
      - always terminate with the same notice period that the entrepreneur has stipulated for himself.
      renewal
    4. 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 extended or renewed for a definite period.
    5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers or magazines may be tacitly extended for a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension period with a notice period of no more than one month.
    6. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer has a right of termination at any time with a notice period of no more than one month and a notice period of no more than three months if the consumer's order is the regular delivery of daily or weekly newspapers or magazines, but less than once a month.
    7. An agreement for a definite period for the regular delivery of daily or weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
      duration
    8. If an agreement has a duration of more than one year, the consumer can 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

    1. Unless another date has been agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period as referred to in Article 6 paragraph 1 B. a service, this period commences after the consumer has received the confirmation of the contract.
    2. The consumer is obliged to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
    3. In case of non-payment by the consumer and subject to legal restrictions, the entrepreneur is entitled to charge the consumer all reasonable costs previously made known to the consumer.

    Article 14 - Complaints procedure

    1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
    2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
    3. 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 reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more extensive answer.
    4. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute settlement procedure.
    5. In case of complaints, a consumer should first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved amicably, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check via https://www.webwinkelkeur.nl/leden/ whether this webshop has a current membership. If no solution is reached after that, the consumer has the option to have his complaint handled by the independent dispute committee established by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding ruling. Submitting a dispute to this dispute committee is a cost that consumers must pay to the committee. It is also possible to submit complaints via the European OS platform (http://ec.europa.eu/odr).
    6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
    7. If a complaint from the entrepreneur is found to be justified, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

    Article 15 - Disputes

    1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer lives abroad.
    2. The Vienna Sales Convention does not apply.

    Article 16 - Additional or deviating provisions
    Additional provisions or provisions deviating from these general terms and conditions are not at the expense of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.