General Terms and Conditions of Graviola Shop, located in Bussum, the Netherlands.
Version valid as of February 5, 2023
- General
1.1 These general terms and conditions apply to all offers from
Graviola Shop. The terms and conditions are accessible to all and included at
the internet site of Graviola Shop. Upon request, we will send you a written
copy.
1.2 By placing an order, you acknowledge that you are in agreement with the
delivery and payment terms agreed to. Graviola Shop reserves the
right to its delivery and/or payment terms after the expiration of the
change duration.
1.3 Unless otherwise agreed in writing, the general or
specific conditions or stipulations of third parties not recognized by Graviola Shop.
1.4 Graviola Shop guarantees that the delivered product meets the
agreement and meets the specifications stated in the offer.
- Delivery
2.1 Delivery is made while supplies last.
2.2 Under the rules of distance selling, Graviola Shop will
fulfill orders at least within 30 days. If this is not possible
(because the thing ordered is out of stock or no longer available), or there is to
other reasons delay, or an order cannot or can only be
partially performed, then the consumer will receive within 1 month of
placement of the order and in that case he has the right to the
cancel order without cost and notice.
2.3 The delivery obligation of Graviola Shop will, subject to proof to the contrary,
are satisfied as soon as the items delivered by Graviola Shop once to the
buyer have been offered. For home delivery, the report of the
carrier’s refusal to accept, to full proof of the
offer of delivery.
2.4 All terms mentioned on the Internet site are indicative. To the
Therefore, no rights can be derived from the terms mentioned.
- Prices
3.1 Prices are changed within the term of the
offer not increased unless required by legal measures
or if the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typographical errors.
No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 21% VAT.
- Trial period / right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Act
distance selling (Article 7:5 BW), the buyer has the right to sell (part of)
the delivered goods within a period of 14 working days without specifying
reason to return. This period begins when the ordered items are
have been delivered. If, after the expiration of this period, the purchaser has delivered the
items has not returned to Graviola Shop, the sale is a fact. The
buyer is obliged, before proceeding to return it, to do so within the
period of 14 working days after delivery to report in writing to
Graviola Shop. The buyer must prove that the delivered items are timely
returned, such as through proof of mail delivery.
Return of the items must be in the original packaging
(including accessories and accompanying documentation) and in new condition
verkerend. If the goods have been used, encumbered or on any
have been damaged in any way, the right of rescission within the meaning of this
member. Subject to the provisions of the preceding sentence, Graviola shall bear
Shop make sure within 30 days of proper receipt of the return,
The full purchase price including the calculated shipping costs to the buyer
is refunded. The return of the delivered items shall be entirely for
account and risk of the buyer.
4.2 The right of dissolution, as described in the previous paragraph, has
relate only to the items delivered and shall in no case cover
Having to do with services, such as telephone subscriptions of the by Graviola Shop
offered (mobile) network operators. On the latter services, in which Graviola
Shop acts only as an intermediary or agent, the general
terms and conditions of said network operators apply.
4.3 The right of withdrawal does not apply to: – services whose performance,
with the consent of the consumer, has begun for the period of seven
working days – goods or services whose price is subject to fluctuations
on the financial market, over which the supplier has no influence – goods that are
are manufactured to the consumer’s specifications, for example customization,
or that have a distinctly personal character – for goods or services
which by their nature cannot be returned, e.g. for reasons of hygiene
or that may deteriorate or age quickly – audio and video recordings and
computer software whose seal has been broken by the consumer – the
supply of newspapers and magazines; for the services of betting and
lotteries
- Data Management
5.1 If you place an order with Graviola Shop, your
data recorded in Graviola Shop’s customer database. Graviola Shop holds
adheres to the Data Protection Act and will not provide your information to
third parties. Please see our Privacy Policy.
5.2 Graviola Shop respects the privacy of users of the
Internet site and shall ensure the confidential treatment of your
personal information.
5.3 Graviola Shop uses a mailing list in some cases.
Each mailing contains instructions on how to remove yourself from this list.
- Warranty and conformity
6.1 The entrepreneur guarantees that the products and/or services meet
to the agreement, to the specifications stated in the offer, to the reasonable
requirements of soundness and/or serviceability and the requirements applicable on the date of the
establishment of the agreement existing legal provisions and/or
government regulations.
6.2 A guarantee offered by the entrepreneur, manufacturer or importer as a warranty
regulation does not affect the consumer’s rights and claims in this regard
Of a failure to fulfill the obligations of the entrepreneur
may assert against the entrepreneur under the law and/or the agreement
remotely.
6.3 Upon receipt, the buyer is obliged to immediately
check. If it appears that the delivered item is wrong, faulty or
incomplete, then the buyer (before proceeding to return to
Graviola Shop) immediately report such defects in writing to Graviola
Shop. Any defective or misdelivered goods should and can be
no later than 2 months after delivery to Graviola Shop in writing.
be reported. Return of the items must be in the original
packaging (including accessories and related documentation) and in
new condition. Commissioning after observation of deficiency, damage
arising after discovery of default, encumbrance and/or resale after
observation of deficiency, this right of complaint and return shall be waived entirely
expired.
6.4 If complaints of the customer are considered well-founded by Graviola Shop
found, Graviola Shop will, at its option, either replace the delivered items free of charge
replaced or made a written arrangement with the customer regarding compensation
strike, provided that the liability of Graviola Shop and
therefore, the amount of compensation is always limited to no more than the
invoice amount of the goods in question, or (at the discretion of Graviola Shop) up to
the maximum in the particular case by the liability insurance policy
of Graviola Shop covered amount. Any liability of Graviola Shop
for any other form of damages is excluded, including but not limited to
additional compensation in any form, compensation for indirect
damages or consequential damages or damages for lost profits.
6.5 Graviola Shop shall not be liable for damage caused by intentional
or equivalent intentional recklessness of non-managerial
personnel.
6.6 This warranty does not apply if: (A) and as long as the customer has to Graviola
Shop is in default; B) the customer has repaired and/or
edited or had third parties repair and/or edit it. (C) the items delivered
Have been exposed to abnormal conditions or otherwise carelessly
be handled or contrary to the instructions of Graviola Shop and/or
instructions for use on the packaging have been handled; D) the unsoundness
resulting in whole or in part from regulations that the government has
made or will make with respect to the nature or quality of the
applied materials;
- Offers
7.1 Offers are without obligation, unless otherwise stated in the offer
mentioned.
7.2 Upon acceptance of a non-binding offer by purchaser, Graviola reserves
Shop reserves the right to change the offer within the period of 3 working days after
receipt of that acceptance to revoke or depart from it.
7.3 Verbal commitments shall bind Graviola Shop only after they have been
have been expressly confirmed in writing.
7.4 Offers from Graviola Shop do not automatically also apply to
backorders.
7.5 Graviola Shop cannot be held to its offer if the
customer should have understood that the offer, or a part
thereof, contained an obvious mistake or clerical error.
7.6 Additions, modifications and/or further agreements are only of
force, if agreed upon in writing.
- Agreement
8.1 A contract between Graviola Shop and a customer is established after
an order assignment has been reviewed by Graviola Shop for feasibility.
8.2 Graviola Shop reserves the right, without giving reasons, to
not to accept or only accept orders or commissions
under the condition that shipment is made cash on delivery or after
prepayment.
- Images and specifications
9.1 All images; photographs, drawings, etc.; including data regarding
weights, dimensions, colors, images of labels, etc. on the
Internet site of Graviola Shop are approximate only, are indicative
and cannot be grounds for damages or dissolution of the
agreement.
- Force majeure
10.1 Graviola Shop shall not be liable, if and to the extent its
commitments cannot be fulfilled due to force majeure.
10.2 Force majeure means any foreign cause, as well as any
circumstance, which should not reasonably be at its risk.
Delay or non-performance by our suppliers, breakdowns in the
Internet, electricity outages, email traffic outages and outages
or changes in technology provided by third parties, transportation difficulties,
strikes, government measures, supply delays, negligence
of suppliers and/or manufacturers of Graviola Shop as well as of auxiliary persons,
illness of personnel, defects in auxiliary or transport equipment apply
expressly as force majeure.
10.3 Graviola Shop reserves the right in the event of force majeure to
suspend its obligations and is also entitled to terminate the agreement
in whole or in part, or to require that the contents of the
agreement is modified in such a way that performance remains possible. In no
case, Graviola Shop shall be liable to pay any penalty or damages.
10.4 If Graviola Shop is already partially
fulfilled its obligations, or only partially fulfilled its
obligations, it is entitled to the already delivered or the
deliverable part to be invoiced separately and the customer is obliged to invoice this
invoice as if it were a separate contract. However, this applies
not if the part already delivered or deliverable part has no independent value
has.
- Liability
11.1 Graviola Shop is not liable for damage caused to vehicles
or other objects caused by misuse of the products. Read for
use the instructions on the package and/or consult our website.
- Own reservation
12.1 Ownership of all sold and
delivered items will remain with Graviola Shop for as long as the customer meets the claims of Graviola
Shop under the agreement or previous or subsequent similar
agreements has not been paid, as long as the customer has not paid for the work performed or to be
work performed under these or similar agreements not yet
has been paid and as long as the customer has paid Graviola Shop’s claims due to
failure to perform such obligations has not yet
satisfied, including claims for fines, interest and costs,
all as referred to in article 3:92 BW.
12.2 Goods delivered by Graviola Shop which are covered by the
subject to retention of title may only be used in the normal course of a
business are resold and never be used as a means of payment.
used.
12.3 The customer is not authorized to sell the goods subject to retention of title.
pledge or otherwise encumber any items.
12.4 The customer now unconditionally and irrevocably gives
permission to Graviola Shop or a third party to be appointed by Graviola Shop
to, in all cases in which Graviola Shop wishes to exercise its property rights,
enter all those places where its property will then be located and
taking those issues there.
12.5 If third parties seize the goods delivered under retention of title
goods or wish to establish or assert rights to them, the customer is
Obliges Graviola Shop as soon as can reasonably be expected to do so
notify.
12.6 The customer undertakes to keep the goods delivered under retention of title.
insure and keep insured against fire, explosion and water damage
as well as against theft and provide the policy of this insurance upon first request to
disclosure to Graviola Shop.
- Applicable law/competent court
13.1 All agreements are governed by Dutch law.
13.2 From disputes arising from an agreement between Graviola
Shop and buyer, which cannot be resolved by mutual agreement, the
competent court within the district of Haarlem, unless Graviola Shop
prefers to submit the difference to the competent court of the place of residence
of the buyer, and with the exception of those disputes that belong
to the competence of the district judge.
