Terms and Conditions

Gentoys Amsterdam

Number: 0629257303
Chamber of Commerce number: 91209714
VAT: 247458296B01
Info@gentoys-amsterdam.com

Definitions

Gentoys Amsterdam: Gentoys-amsterdan, under Chamber of Commerce number 91209714
Customer: the person with whom Gentoys Amsterdam has entered into an agreement.
Parties: Gentoys Amsterdam and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Article 1 - Applicability of general terms and conditions

These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Gentoys Amsterdam.
Parties may only deviate from these conditions if they have expressly agreed to this in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Article 4 - Prices

All prices charged by Gentoys Amsterdam are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
Gentoys Amsterdam may change all prices that Gentoys Amsterdam charges for its products, on its website or otherwise announced, at any time.
Increases in the cost prices of products or parts thereof, which Gentoys Amsterdam could not have foreseen at the time of making the offer or concluding the agreement, may give rise to price increases.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.

Article 5 - Samples and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Article 6 - Payments and payment term

Gentoys Amsterdam may require a down payment of up to 50% of the agreed amount when entering into the agreement.
The customer must make subsequent payments within 1 month after delivery.
Payment terms are considered strict payment terms. This means that if the customer has not paid the agreed amount no later than the last day of the payment term, he is legally in default and in default, without Gentoys Amsterdam having to send the customer a reminder or give notice of default.
Gentoys Amsterdam reserves the right to make delivery dependent on immediate payment or to require security for the total amount of the services or products.

Article 7 - Payments and payment term

Article 8 - Consequences of failure to pay on time

If the customer does not pay within the agreed term, Gentoys Amsterdam is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default. , where part of a month is counted as a whole month.
If the customer is in default, he also owes extrajudicial collection costs and any compensation to Gentoys Amsterdam.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Gentoys Amsterdam may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Gentoys Amsterdam's claims on the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Gentoys Amsterdam, he is still obliged to pay the agreed price to Gentoys Amsterdam.

Article 9 - Right of complaint

As soon as the customer is in default, Gentoys Amsterdam is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Gentoys Amsterdam invokes the right of complaint by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right applies to Gentoys Amsterdam, unless the parties make other agreements about this.
The costs for retrieving or returning the products will be borne by the customer.

Article 13 - Right of withdrawal

A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that has been tailor-made or adapted especially for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
the product is not a separate magazine or newspaper
the consumer has not waived his right of withdrawal

The reflection period of 14 days as referred to in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has confirmed that he will purchase digital content via the internet
The consumer can make known his right of withdrawal via Info@gentoys-amsterdam.nl , if desired using the withdrawal form that can be downloaded from the Gentoys Amsterdam website, Gentoys-amsterdam.nl.
The consumer is obliged to return the product to Gentoys Amsterdam within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Article 15 - Reimbursement of delivery costs

If the consumer has exercised his right of withdrawal in a timely manner and as a result has returned the complete order to Gentoys Amsterdam in a timely manner, Gentoys Amsterdam will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the timely and completely returned order. .
The costs for delivery will only be borne by Gentoys Amsterdam if the entire order is returned.

Article 16 - Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the costs for returning the entire order will be borne by the consumer.

Article 18 - Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 19 - Right of retention

Gentoys Amsterdam can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to Gentoys Amsterdam, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Gentoys Amsterdam.
Gentoys Amsterdam is never liable for any damage that the customer may suffer as a result of using his right of retention.

Article 20 - Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Gentoys Amsterdam against a claim against Gentoys Amsterdam.

Article 21 - Retention of title

Gentoys Amsterdam remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Gentoys Amsterdam under any agreement concluded with Gentoys Amsterdam, including claims regarding failure to comply.
Until then, Gentoys Amsterdam can invoke its retention of title and take back the goods.
Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Gentoys Amsterdam invokes its retention of title, the agreement will be deemed to have been dissolved and Gentoys Amsterdam has the right to claim damages, lost profits and interest.

Article 22 - Delivery

Delivery takes place while supplies last.
Delivery takes place at Gentoys Amsterdam, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address specified by the customer.
If the agreed amounts are not paid or are not paid on time, Gentoys Amsterdam has the right to suspend its obligations until the agreed part has been paid.
Late payment constitutes a creditor's default, with the result that the customer cannot object to Gentoys Amsterdam for late delivery.

Article 23 - Delivery time

The delivery times stated by Gentoys Amsterdam are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Gentoys Amsterdam.
Exceeding the specified delivery time does not entitle the customer to compensation nor the right to terminate the agreement, unless Gentoys Amsterdam cannot deliver within 14 days of being notified in writing or the parties have agreed otherwise.

Article 24 - Actual delivery

The customer must ensure that the actual delivery of the products he has ordered can take place on time.

Article 25 - Transport costs

Transport costs are borne by the customer, unless the parties have agreed otherwise.

Article 26 - Packaging and shipping

If the packaging of a delivered product is opened or damaged, the customer must have the forwarder or delivery person make a note of this before receiving the product, failing which Gentoys Amsterdam cannot be held liable for any injury.
If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Gentoys Amsterdam prior to transport, failing which Gentoys Amsterdam cannot be held liable for any damage.

Article 29 - Custody

If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs resulting from premature or late purchase of products will be entirely borne by the customer.

Article 31 - Warranty

The warranty regarding products only applies to defects caused by defective manufacturing, construction or materials.
The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time when they are legally and/or actually delivered, or at least come into the power of the customer or a third party. third party who receives the product on behalf of the customer.

Article 42 - Indemnity

The customer indemnifies Gentoys Amsterdam against all claims from third parties related to the products and/or services supplied by Gentoys Amsterdam.

Article 43 - Complaints

The customer must examine a product or service provided by Gentoys Amsterdam as soon as possible for any shortcomings.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Gentoys Amsterdam of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
Consumers must inform Gentoys Amsterdam within 2 months of discovering the shortcomings.
The customer provides as detailed a description as possible of the shortcoming, so that Gentoys Amsterdam is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this cannot in any case mean that Gentoys Amsterdam can be obliged to perform work other than that agreed.

Article 44 - Notice of default

The customer must notify Gentoys Amsterdam of any notice of default in writing. It is the customer's responsibility that a notice of default actually reaches Gentoys Amsterdam (in a timely manner).

Article 45 - Customer's joint and several liability

If Gentoys Amsterdam enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Gentoys Amsterdam under that agreement.

Article 46 - Liability

Gentoys Amsterdam is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
If Gentoys Amsterdam is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
Gentoys Amsterdam is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
If Gentoys Amsterdam is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy and, in the absence of (full) payment by an insurance company of the damage amount, liability is limited to the (part of the) invoice amount on which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 47 - Expiry period

Any right of the customer to compensation from Gentoys Amsterdam expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Article 48 - Right to dissolution

The customer has the right to terminate the agreement if Gentoys Amsterdam attributably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
If the fulfillment of the obligations by Gentoys Amsterdam is not permanently or temporarily impossible, dissolution can only take place after Gentoys Amsterdam is in default.
Gentoys Amsterdam has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if Gentoys Amsterdam has become aware of circumstances that give him good reason to fear that the customer has will not be able to properly fulfill its obligations.

Article 49 - Force majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Gentoys Amsterdam to fulfill any obligation towards the customer cannot be attributed to Gentoys Amsterdam in a situation independent of the will of Gentoys Amsterdam, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Gentoys Amsterdam.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation occurs as a result of which Gentoys Amsterdam cannot fulfill one or more obligations to the customer, those obligations will be suspended until Gentoys Amsterdam can meet them again.
From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.
Gentoys Amsterdam is not liable for any damages or compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Article 50 - Changes to the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
The previous paragraph does not apply to products purchased in a physical store.

Article 51 - Changes to general terms and conditions

Gentoys Amsterdam is entitled to change or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Gentoys Amsterdam will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.

Article 52 - Transfer of rights

Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Gentoys Amsterdam.
This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Article undefined - Consequences of nullity or voidability

If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Gentoys Amsterdam had in mind on that point when drawing up the conditions.

Article undefined - Applicable law and competent court

Every agreement between the parties is exclusively governed by Dutch law.
The Dutch court in the district where Gentoys Amsterdam is established / has its practice / office has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.