Terms and Conditions Policy

General terms and conditions of GoBuySnel

General terms and conditions based on the model conditions of Stichting WebwinkelKeur.

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 warranty 

Article 11 – Delivery and execution

 Article 12 – Duration transactions: duration, termination, and extension

 Article 13 – Payment

 Article 14 – Complaints procedure

 Article 15 – Disputes

 Article 16 – Additional or deviating provisions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

1.Cooling-off period: the period during which the consumer can exercise his right of withdrawal; Read everything about the cooling-off period.
2.Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
3.Day: calendar day;
4.Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5.Durable data carrier: any means that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation and unchanged reproduction of the stored information.
6.Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period;
7.Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can fill in if he wishes to exercise his right of withdrawal.
8.Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9.Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, using one or more means of distance communication;
10.Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur simultaneously being in the same space.
11.General Terms and Conditions: the present General Terms and Conditions of the entrepreneur

Article 2 – Identity of the entrepreneur
GoBuySnel
Oder 20
2491DC The Hague
Netherlands
E info@gobuysnel.com
Chamber of Commerce (KVK) 91291240
VAT number
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract
concluded and orders placed between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to
the consumer. If this is not reasonably possible, it will be indicated before the distance contract
is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and they will be sent free of charge at the consumer’s request as soon as possible.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs two and three apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these conditions will remain in force for the rest and the relevant provision will be replaced by a provision that approximates the purport of the original provision as much as possible in mutual consultation.
6. Situations not covered by these general terms and conditions should be assessed in accordance with the spirit of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. 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.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are that are associated with acceptance of the offer. This concerns in particular:

the price including taxes;

any shipping costs;

the manner in which the agreement will be concluded and which actions are necessary for this;

the applicability or non-applicability of the right of withdrawal;

the method of payment, delivery, and performance of the agreement;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

the amount of the rate for communication at a distance if the costs of using the communication technique at a distance are calculated on a basis other than the regular basic rate for the communication medium used;

whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;

how the consumer, before concluding the agreement, can check the data provided by him within the framework of the agreement and, if desired, correct it;

any other languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a durable transaction

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

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 this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

Within the legal framework, the entrepreneur can ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its performance.

The entrepreneur will send the following information to the consumer 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 medium:

the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;

the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

information about warranties and existing service after purchase;

the data referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the performance of the agreement;

the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a durable transaction, the provision in the previous paragraph applies only to the first delivery.

Each agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal
For the delivery of products:
1. In the purchase of products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts on the day after the consumer receives the product or a pre-designated representative made known to the entrepreneur.
2. During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product with all accessories provided 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. When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The notification must be made by the consumer using the model withdrawal form or by any other means of communication such as email. After the consumer has notified their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example, by means of a proof of shipment.
4. If the customer has not indicated their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods specified in paragraphs 2 and 3, the purchase is final.
For the delivery of services:
1. In the case of service delivery, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement is entered into.
2. To exercise their right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or upon delivery.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the goods shall be borne by the consumer at most.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received by the online retailer or conclusive evidence of complete return can be provided. Repayment will be made using the same payment method used by the consumer unless the consumer expressly agrees to another payment method.

In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.

The consumer cannot be held liable for any decrease in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly indicated this in the offer, at least in a timely manner before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
that have been made to the consumer’s specifications by the entrepreneur;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that can perish or age rapidly;
whose price is dependent on fluctuations in the financial market over which the entrepreneur has no control;
for loose newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygienic products where the consumer has broken the seal.
for products with ripped tags or having visible signs of use
for underwear or any piece of clothing that have contact with your private parts
Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
where the delivery has begun with the express consent of the consumer before the cooling-off period has expired;
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. Contrary to the previous paragraph, the entrepreneur can offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
they are the result of legal regulations or provisions; or
the consumer has the authority to terminate the contract as of the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with 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 use other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights and claims against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery of the defect.
4. 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.
5. The warranty does not apply if:
– the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
– the delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the entrepreneur’s instructions and/or packaging instructions;
– the defectiveness is wholly or partly the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The consumer’s address as communicated to the company shall be deemed the place of delivery.
3. Subject to what is stated in paragraph 4 of this article, the company shall execute accepted orders promptly and at the latest 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 partially executed, the consumer shall be notified thereof no later than 30 days after placing the order. In such a case, the consumer shall have the right to dissolve the agreement without incurring any costs. The consumer shall not be entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. It will be clearly and comprehensibly communicated upon delivery that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. 
7. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination, and renewal
Termination
1. The consumer may terminate an agreement entered into for an indefinite period and which entails the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period and which entails the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements mentioned in the preceding paragraphs:
– at any time and not be restricted to termination at a specific time or during a specific period;
– terminate at least in the same manner as they were entered into by him;
– always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
1. An agreement entered into for a definite period and which entails the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specified duration.
2. Notwithstanding the preceding paragraph, an agreement entered into for a definite period and which entails the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specified duration of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
3. An agreement entered into for a definite period and which entails the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement entails the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate upon the expiry of the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer may 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 otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In case of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, a dispute arises that is eligible for dispute resolution.

In the event of complaints, a consumer must first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). Currently, the online store is not affiliated with a quality mark with a dispute resolution committee.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her discretion, either replace or repair the delivered products free of charge. Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable medium in an accessible manner.

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