General Terms and Conditions
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General Terms and Conditions Gays&Gadgets B.V.
No small print for our Terms of Sale!
Article 1. Definitions
1.1 All offers, orders and agreements by Gays&Gadgets b.v. (hereafter: Gays&Gadgets) are governed by these General Terms of Sale (hereafter: General Terms). Any and all other terms contrary to these General Terms are excluded.
1.2 By accepting an offer, or placing an order with Gays&Gadgets you agree to abide by these General Terms.
1.3 Any conditions contrary to the present General Terms will not be applicable, unless specifically accepted in writing, in which case all other Terms of Sales remain fully applicable.
1.4 All rights and liabilities and any future agreements in and on behalf of Gays&Gadgets, as stipulated in these General Terms, are also applicable to intermediaries and third parties called in by and on behalf of Gays& Gadgets.
Article 2. Offers/Agreements
2.1 All offers by Gays&Gadgets are free of obligation and Gays&Gadgets expressly reserves all rights to modify prices, in particular when required on the basis of (legal) regulation. See article 3.6.
2.2 An agreement comes into effect only after acceptance of your order by Gays&Gadgets. Gays&Gadgets reserves all rights to refuse an order or restrict the order to special terms and conditions, unless otherwise stipulated. Should an order not be accepted Gays&Gadgets will inform you within ten (10) working days after receipt of the order.
2.3 A number of products offered (such as DVD's) are classified by age category. By ordering such products you state you are of the stated age limit.
Article 3. Prices and payments
3.1 All prices mentioned for the products and services offered are in Euros (€) and include 19% VAT. Handling and shipping fees are excluded, as are any possible sales taxes and other taxes, unless stated elsewhere or specifically agreed to in writing.
3.2 Payments are accepted in accordance to one of the methods indicated during the ordering process. Your order may be subject to additional general terms (payment/ordering).
3.3 Should prices for the products and services on offer be subject to an increase in price during the period of ordering and execution thereof, you are entitle to cancel the agreement within ten (10) days after Gays&Gadgets has announced the increase in price.
Article 4. Delivery
4.1 Gays&Gadgets aims to dispatch the order as soon as possible yet within thirty (30) days of receiving the order, unless otherwise stated by Gays&Gadgets. If for any reason dispatch cannot take place within thirty (30) days you will be notified within one month of ordering and given the option of cancelling the order without charge by informing Gays&Gadgets to that effect in writing. You shall not be entitled to damages because of late delivery.
4.2 Delivery comes into effect at such time that you (or someone on your behalf) has taken possession of the product.
Article 5 Ownership conditions
5.1 The transfer of ownership of the products delivered does not come into effect until payment in full has been made for any agreement between you and Gays&Gadgets. The product risk goes over to you from the moment the product is delivered.
Article 6. Intellectual and industrial rights of ownership
6.1 You fully and unconditionally respect any and all intellectual and industrial ownership rights on the products delivered by Gays&Gadgets.
6.2 Gays&Gadgets does not guarantee that the products delivered to you do not in any way infringe on any (unwritten) intellectual and/or industrial ownership rights of third parties.
Article 7. Claims and liability
7.1 You are obliged to inspect the product promptly and accurately on delivery. Possible defects should be reported to Gays&Gadgets in writing within two (2) months after the defect has been detected.
7.2 Should it be established that the product does not comply with the Terms of Sales Gays&Gadgets has the option, after the product in question has been returned, to replace the product by a new product, or reimburse the invoiced price plus the costs paid for shipping.
7.3 Should you, for whatever reason, decide not to want to keep the product you have the right to return the product to Gays&Gadgets within seven (7) working days after delivery and terminate the agreement. Should this be the case return shipments will only then be accepted when the packaging of the product is not damaged in any way without any seals or wrapping unbroken. The costs will be reimbursed within thirty (30) days after cancellation of the agreement. You carry the costs involved in the returning of the shipment.
Article 8. Orders/communication
8.1 Gays&Gadgets is not liable for any miscommunications, mutilation or inaccurately received orders and announcements resulting from the use of Internet or any other means of communication you might have with Gays&Gadgets, or those between Gays&Gadgets and third parties, in as far as they bear any relation to you and Gays&Gadgets, unless Gays&Gadgets is proven guilty of gross negligence.
Article 9. Force Majeure
9.1 The terms of Force Majeure refers to unforeseen causes beyond Gays&Gadgets reasonable control, which intentionally, partially or fully keep Gays&Gadgets from observing her liability to you. In this instance Gays&Gadgets has the right to delay the processing of your order or agreement without legal intervention by informing you in writing. Any and all such acts exempt Gays&Gadgets from any damages, unless the given circumstances are deemed to be reasonable and fair.
9.2 Force Majeure in relation to the execution of the agreement cannot be attributed to Gays&Gadgets when said party cannot be deemed responsible for them in accordance with the law, the agreement according to the generally accepted standards.
Article 10. General
10.1 In case you submit your address in writing to Gays&Gadgets, Gays&Gadgets has the right to ship all orders to that address, unless you submit another address for delivery in writing to Gays&Gadgets.
10.2 Should Gays&Gadgets be allowed any contravention to these Terms of Sales, be it for a shorter or longer period, such shall not impede the right of Gays&Gadgets to demand that the regulations of these Terms of Sales are observed to the letter of the word. In no instance can you exert your legal right on the grounds that Gays&Gadgets is lenient in applying the rules of these Terms of Sales.
10.3 Should one or more of the articles in these Terms of Sales, or any other agreement with Gays&Gadgets, be in breach of the section of the law applicable to the articles in these Terms of Sales, Gays&Gadgets will substitute the article in question by another article in compliance with the section of the law applicable to that article.
10.4 In order to process your order(s) Gays&Gadgets is authorized to involve third parties.
Article 11 Applicable law
11.1 The Dutch law is applicable to all obligations, offers, orders and agreements that are governed by these Terms of Sales, including these Terms of Sales.
11.2 Any possible consequential disputes between parties shall be exclusively offered to the competent court in The Netherlands.
1012 TV Amsterdam
P.O. Box 17402
1001 JK Amsterdam
+31 (0)20 3301461
Chamber of Commerce registration nr. 34230173
VAT nr. NL814759051B01
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