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Terms and conditions

Introduction

These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.

Article 1. Definitions

1.1. GoSmooth: based in Haarlem and registered with the Chamber of Commerce under file number 71200932, trading as GoSmooth.
1.2. Website: the Website of GoSmooth, to be found on www.go-smooth.com and all of its subdomains.
1.3. Client: the natural person or corporation who enters into an agreement with GoSmooth and/or is registered on the Website.
1.4. Agreement: any arrangement or agreement between GoSmooth and the Client of which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.

Article 2. Applicability of the General Terms and Conditions

2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of GoSmooth, unless explicitly agreed otherwise in writing.
2.2. If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not in included the General Terms and Conditions, such provisions will only be binding upon GoSmooth if and in so far as GoSmooth has accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Client can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

Article 3. Prices and information

3.1. All prices posted on the Website and in other materials originating from GoSmooth include taxes and other levies imposed by the government, unless stated otherwise on the website.
If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
3.2. The content of the Website is composed with the greatest care. GoSmooth cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from GoSmooth are subject to obvious programming and typing errors.
3.3. GoSmooth cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.

Article 4. Conclusion of the Agreement

4.1. The Agreement will be deemed to be concluded at the moment the Client accepts the offer of GoSmooth subject to the conditions laid down by GoSmooth.
4.2. If the Client has accepted the offer by electronic means, GoSmooth will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, the Client will have the possibility to dissolve the Agreement.
4.3. If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, GoSmooth will have the right demand fulfillment of the Client’s obligations until the correct data is received.

Article 5. Execution of the Agreement

5.1. As soon as GoSmooth has received the order, it will send the products to the Client without delay and with due regard for the provisions of paragraph 3 of this article.
5.2. GoSmooth is authorised to engage third parties in the fulfillment of its obligations under the Agreement.
5.3. Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
5.4. If GoSmooth is unable to deliver the products within the agreed term, it will notify the Client accordingly. In that case the Client can decide either to agree to a new delivery date or to dissolve the Agreement without incurring any costs.
5.5. GoSmooth advises the Client to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
5.6. The risks associated with the products will transfer to the Client as soon as the products are delivered at the agreed delivery address.
5.7. If the ordered product can no longer be supplied, GoSmooth is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the product free of charge.

Article 6. Right of withdrawal/return

6.1. This article only applies if the Client is a natural person who is not acting in his or her professional or commercial capacity. Business Clients therefore have no right of withdrawal.
6.2. GoSmooth makes it possible for the client to sign up your received package for return within 14 days. After signing up for the return you have an additional 14 days to actually return/send the product.
6.3. The term commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:

  • if the delivery of a product involves different deliveries or parts: the day on which the Client, or a third party designated by the Client, received the last delivery or the last part;
  • with contracts for the regular delivery of products during a given period: the day on which the Client, or a third party designated by the Client, received the last product;
  • if the Client has ordered several products: the day on which the Client, or a third party designated by the Client, received the last product.

6.4. GoSmooth bears the costs of returning the product, which means that the Client can return the product free of charge. Any shipping costs paid by the Client and the purchase price paid for the product will be refunded to the Client if the entire order is returned.
6.5. During the withdrawal period referred to in paragraph 1 above, the Client will treat the product and its packaging with the utmost care. The Client may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation.
6.6. The Client is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in.
6.7. The Client can dissolve the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in oder form) to GoSmooth, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If GoSmooth makes it possible for the Client to declare his withdrawal via electronic/digital means, then after receiving such a declaration, GoSmooth sends immediate confirmation of receipt.
6.8. As quickly as possible, but no later than 30 days after the day of reporting as referred to in paragraph 1, the Client shall return the product, or hand it over to (a representative of) GoSmooth. Client can send the product directly to GoSmooth without a notice of withdrawal in advance within the period as mentioned in paragraph 1. Client must, in this case, include a written notice of withdrawal, such as the model form.

Products can be returned to the following address:

GoSmooth
Pieter Goedkoopweg 38E
2031EL, Haarlem

6.9. Any amounts already paid by the Client (in advance) will be refunded to the Client as soon as possible, and in any case within 14 days after dissolution of the Agreement. If the Client chose an expensive method of delivery in preference to the cheapest standard delivery, GoSmooth does not have to refund the additional costs of the more expensive method.
6.10. Except in cases in which GoSmooth has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the Client proves he has returned the product, depending on which occurs earlier.
6.11. Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.

Article 7. Payment

7.1. The Client shall pay the amounts due to GoSmooth in accordance with the ordering procedure and any payment methods indicated on the Website. GoSmooth is free to offer any payment method of its choice and may change these methods at any time.
7.2 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

  • Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United KingdomGermanySwedenNorwayDenmarkFinlandAustria and the Netherlands.
  • Slice it: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United KingdomGermanySwedenNorwayDenmark and Finland.
  • Direct banking: Available in Germany, Austria and the Netherlands. Your account will be debited directly after placement of your order.
  • Direct Debit: Available in Germany, Sweden, Austria and the Netherlands. Your account will be debited after shipment of the goods or tickets/ availability date of the service ​or in case of a subscription in accordance with the timelines communicate​d. You will be notified about the date(s) by email.
  • Card Payments: Available in Germany. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicate​d.

The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

Article 8. Warranty and conformity

8.1. This article only applies if the Client is a natural person who is not acting in his or her professional or commercial capacity. If GoSmooth gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Clients.
8.2. GoSmooth guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, GoSmooth also guarantees that the product is suitable for other than normal use.
8.3. If the delivered product is not in conformity with the Agreement, Client must inform GoSmooth within a reasonable period of time after he has discovered the defect.
8.4. If GoSmooth deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with the Client. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by Client for the product.

Article 9. Complaints handling procedure

9.1. If the Client has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of GoSmooth’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
9.2. GoSmooth will respond to the complaint as soon as possible, and in any case within 7 days after having received it. If it is not yet possible for GoSmooth to formulate a substantive reaction to the complaint by that time, GoSmooth will confirm receipt of the complaint within 7 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the Client’s complaint.
9.3. If the Client is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.

Article 10. Personal details

10.1. GoSmooth will process the Client’s personal details in accordance with the privacy policy published on the Website.

Article 11. Final provisions

11.1. This agreement is governed by the laws of the country of establisment of the webshop.
11.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where GoSmooth has its registered office.
11.3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
11.4. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.

Contact details

Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.

GoSmooth
Pieter Goedkoopweg 38E
2031EL, Haarlem
tel. +31650588702
e-mail info@go-smooth.com
Chamber of Commerce 71200932
VAT NL858620121B01