Terms and Conditions
Introduction
Article 1.
Definitions
1.3. Customer : the natural or
legal person who enters into an agreement with GoSmooth and/or is registered on
the Website.
1.4. Agreement : any agreement
or agreement between GoSmooth and the Customer of which the General Terms and
Conditions form an integral part.
1.5. General conditions :
these general 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 expressly
agreed otherwise in writing.
2.2. If the Client contains
provisions in his order, confirmation or any other communication regarding the
acceptance of the General Terms and Conditions that deviate from or are not
included in the General Terms and Conditions, such provisions are only binding
on GoSmooth if and insofar as GoSmooth has them in writing. accepted.
2.3. In cases where specific product
or service-related conditions apply in addition to these general terms and
conditions, the customer 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 published on the
Website and in other materials originating from GoSmooth are taxes and other
levies imposed by the government unless otherwise stated on the Website. If
shipping costs are charged, they will be specified well in advance of the
conclusion of the contract. These costs are also shown separately in the
ordering process.
3.2. The content of the Website has
been compiled with the greatest care. However, GoSmooth cannot 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 GoSmooth materials are
subject to obvious programming and typing errors.
3.3. GoSmooth cannot be held
responsible for variations in color resulting from the quality of the colors
displayed on screen.
Article 4.
Conclusion of the agreement
4.1. The Agreement is deemed to have
been concluded at the moment that the Customer accepts GoSmooth's offer under
the conditions as determined by GoSmooth.
4.2. If the customer has accepted the
offer electronically, GoSmooth will immediately confirm receipt of the
acceptance of the offer electronically. As long as the receipt of the
acceptance has not been confirmed, the Customer has the option to dissolve the
Agreement.
4.3. If it appears that incorrect
information has been provided by the Customer when accepting or otherwise
entering into the Agreement, GoSmooth has correctly fulfilled the obligations
of the Customer until the correct information has been received.
Article 5.
Performance of the Agreement
5.1. As soon as GoSmooth has received
the order, it will send the products to the customer without undue delay and
with due observance of the provisions of paragraph 3 of this article.
5.2. GoSmooth is authorized to engage
third parties in the performance of its obligations under the Agreement.
5.3. Long before the date on which
the agreement is signed, information will be published on the website that
clearly describes how and within what time frame the products will be delivered.
If no delivery period has been agreed or specified, the products will be
delivered within 30 days at the latest.
5.4. If GoSmooth cannot deliver the
products within the agreed term, it will inform the customer. In that case, the
Customer can decide to agree to a new delivery date or to dissolve the
Agreement without incurring any costs.
5.5. GoSmooth advises the customer to
inspect the products upon delivery and to report any defects within a
reasonable period of time, preferably in writing or by e-mail. See the article
on warranty and conformity for more information.
5.6. The risks associated with the
products are transferred to the customer once the products have been delivered
to the agreed delivery address.
5.7. If the ordered product can no
longer be delivered, GoSmooth is entitled to deliver a product that is
comparable in nature and quality to the ordered product. In that case, the
customer has the right to dissolve the agreement without costs and to return
the product free of charge.
Article 6. Right of
withdrawal / return shipment
6.1. This article only applies if the
Customer is a natural person who is not acting in his or her professional or
commercial capacity. Business customers therefore have no right of withdrawal.
6.2. The customer has the right to
dissolve the distance contract with GoSmooth within 14 days of receipt of the
product free of charge and without stating reasons.
6.3. The period starts on the day
after the product has been received by the consumer, or a third party designated
by the consumer who is not the carrier, or:
- if the delivery of a product
includes several deliveries or parts: the day on which the Customer, or a
third party designated by the Customer, has received the last delivery or
the last part;
- with contracts for the
regular delivery of products during a certain period: the day on which the
Customer, or a third party designated by the Customer, has received the
last product;
- if the Customer has ordered
several products: the day on which the Customer, or a third party
designated by the Customer, has received the last product.
6.4. GoSmooth does not bear the costs
of returning the product. The shipping (round-trip) paid by the customer and
the purchase price paid for the product will be refunded to the customer when
the entire order is returned.
6.5. During the waiting period
referred to in paragraph 1, the Customer will treat the product and the
packaging with the greatest possible care. The customer may not open the
packaging or use the product unless this is necessary to determine the nature
of the products, their characteristics and their functioning.
6.6. The customer is only liable for
the decrease in value of the product resulting from his handling of the
product, other than as permitted in.
6.7. The Customer may terminate the
Agreement in accordance with paragraph 1 of this article by notifying GoSmooth
of the withdrawal (digitally or electronically) within the withdrawal period,
by means of the model right of withdrawal form or in another unambiguous manner.
If GoSmooth makes it possible for the Client to declare his withdrawal via
electronic / digital means, GoSmooth will immediately send a confirmation of
receipt upon receipt of such statement.
6.8. As soon as possible, but no
later than 14 days after the day of notification as referred to in paragraph 1,
the customer will return or hand over the product to (a representative of)
GoSmooth. The customer may send the product directly to GoSmooth without prior
notice within the period specified in paragraph 1. In this case, the customer
must include a written notice of cancellation, such as the model form.
Products can be returned to the
following address:
GoSmooth
Ir. Lelyweg 14H
2031CD, Haarlem
The Netherlands
6.9. All amounts that have already
been paid (in advance) by the Customer to GoSmooth, will be refunded to the
Customer as soon as possible and in any case within 14 days after dissolution
of the Agreement.
6.10. Except in cases where GoSmooth
has offered to collect the product itself, it can postpone the refund until it
has received the product or until the customer proves that he has returned the
product, whichever happened earlier.
6.11. Information about the
applicability or inapplicability of a right of withdrawal and any required
procedure will be clearly posted on the Website well before the Agreement is
concluded.
Article 7. Payment
7.1. The Customer will pay the
amounts due to GoSmooth in accordance with the order procedure and the payment
methods stated on the Website. GoSmooth is free to offer any payment method of
its choice and may change these methods at any time.
Article 8. Warranty
and Conformity
8.1. This article only applies if the
Customer is a natural person who is not acting in his or her professional or
commercial capacity. Without prejudice to the foregoing, if GoSmooth makes a
separate warranty on the products, this applies to all types of customers.
8.2. GoSmooth guarantees that the
products are in accordance with the Agreement, the specifications stated in the
offer, the reasonable requirements of reliability and / or usability and with
the existing legal provisions and / or government regulations in effect from the
date of entering into the contract. agreement. 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 accordance with the Agreement, the Client must inform GoSmooth within a
reasonable period of time after discovering the defect.
8.4. If GoSmooth considers the
complaint to be correct, the defective products will be repaired, replaced or
refunded in consultation with the customer. The maximum amount of the
compensation, having regard to the article on liability, is equal to the price
paid by the Customer.
Article 9.
Complaints handling
9.1. If the customer has grievances
related to a product (in accordance with the article on warranties and
conformity) and/or about other aspects of the GoSmooth service, he may make a
complaint by telephone, email or post. See the contact details at the bottom of
the terms and conditions.
9.2. GoSmooth will respond to the
complaint as soon as possible and in any case within 7 days of receipt. If
GoSmooth is not yet able to formulate a substantive response to the complaint
at that time , GoSmooth will confirm receipt of the complaint within 7 days of
receipt thereof and will indicate the period within which it expects to be able
to provide a substantive or final response to the complaint. of the Client.
9.3. If the client is a natural
person who is not acting in his or her professional or commercial capacity, he
can lodge a complaint through the European Online Dispute Resolution platform
available at: www.ec.europa.eu.
Article 10.
Personal data
10.1. GoSmooth processes Customer's
personal data in accordance with the privacy statement published on the
Website.
Article 11. Email
By purchasing on GoSmooth you agree
to receive marketing materials in the form of emails from all trade names
within GoSmooth. These trade names include the following: GoSmooth. You can
unsubscribe from receiving marketing materials at any time by unsubscribing
from the newsletter in the footer of our mailings, or by sending an email to: info@go-smooth.com
& support@go-smooth.com .
Article 12. Final
provisions
12.1. This agreement is governed by
the law of the web store's country of residence.
12.2. Unless otherwise prescribed by
mandatory law, all disputes arising from the Agreement will be submitted to the
competent Dutch court in the district where GoSmooth has its registered office.
12.3. If any provision in these Terms
and Conditions should be found to be invalid, this will not affect the validity
of the Terms and Conditions as a whole. In that case, the parties will
determine one or more replacement replacement provisions that do justice to the
original provision as much as possible.
12.4. The term written in these terms and conditions also refers to communications by e-mail fax provided identity of sender integrity have been sufficiently established.
Contact us
If you have any questions, complaints
or comments after reading these general terms and conditions, you can contact
us by email or letter.
GoSmooth
Ir. Lelyweg 14H
2031CD, Haarlem
The Netherlands
tel. +31 (0) 23 844 3776
e: info@go-smooth.com
Chamber of Commerce - 86661825
VAT - NL864040076B01
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