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Terms And Conditions

Definitions

  1. GAAG Customs: GAAGCustoms, establishes in Assen, Chamber of Commerce no. 81005016.

  2. Customer: the person with whom GAAG Customs has entered into an agreement.

  3. Perties: GAAG Customs and customer together.

  4. Consumer: a customer who is an individual acting for private purpose.

 

Applicability

  1. These terms and conditions will apply to all quatations, offers, activities, orders, agreements and deliveries of services and products by or on behalf of GAAG Customs.

  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

 

Prices

  1. All prices used by GAAG Customs are in euros, are inclusive of VAT and exclusive of any other costs such as administrations costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

  2. GAAG Customs is entitled to adjust all prices for its products or services, shown in this shop, on its website or otherwise, at any time.

  3. Increase in the cost prices of products or parts thereof, which GAAG Customs could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.

  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models

  1. GAAG Customs may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.

  2. The customer must have paid the full amount within 7 days after delivery of the product.

  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the day of the payment term, he is legally in default, without GAAG Customs having to send the customer a reminder or to put him default.

  4. GAAG Customs reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

 

Consequences of late payment

  1. If the customer does not pay within the agreed term, GAAG Customs is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.

  2. When the customer is in default, he also due to extrajudicial collection costs and may be obliged to pay any compensation to GAAG Customs.

  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

  4. If the customer does not pay on time, GAAG Customs may suspend its obligations until the customer has met this payment obligation.

  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of GAAG Customs on the customer are immediately due and payable.

  6. If the customer refuses to cooperate with the performance of the agreement by GAAG Customs, he is still obliged to pay the agreed price to GAAG Customs.

 

Right of recovery of goods

  1. As soon as the customer is in default, GAAG Customs is entitled to invoke the right of recovery with regard to the unpaid product delivered tot het customer.

  2. GAAG Customs invokes the right of recovery by means of a written or electronic announcement.

  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to GAAG Customs, unless the parties agree to make other arrangements about this.

  4. The costs for the collection or return of the products are at the expense of the customer.

 

Right of cancellation

  1. A consumer may cancel an online purchase during a cooling-off period of 24 hours without giving any reasons.

  2. The reflection period of 24 hours is based on the return policy of GAAG Customs.

  3. The customer can notify his right of cancellation via gaagcustoms@gmail.com.

 

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

Right of retention

  1. GAAG Customs can appeal to his right of retention of title and in that case retain the products sold by GAAG Customs to the customer until the customer has paid all outstanding invoices with regard to GAAG Customs, unless the customer has provide sufficient security for these payments.

  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to GAAG Customs.

  3. GAAG Customs is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

 

Settlement

The customer waives his right to settle any debt to GAAG Customs with any claim on GAAG Customs

 

Retention of title

  1. GAAG Customs remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to GAAG Customs under whatever agreement with GAAG Customs including of claims regarding the shortcomings in the performance.

  2. Until then. GAAG Customs can invoke its retention of title and take back the goods.

  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

  4. If GAAG Customs invokes its retention of title, the agreement will be dissolved and GAAG Customs has the right to claim compensation, lost profits and interest.

 

Delivery

  1. Delivery takes place while stocks last.

  2. Delivery takes place at GAAG Customs unless the parties have agreed upon otherwise.

  3. Delivery of products ordered online takes place at the address indicated by the customer.

  4. If the agreed price is not paid on time, GAAG Customs has the right to suspend its obligations until the agreed price is fully paid.

  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by GAAG Customs.

 

Delivery period

  1. Any delivery period specified by GAAG Customs is indicative and dos not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

  2. The delivery starts once the customer has full completed the (electronic) ordering process and received an (electronic) confirmation of his order from GAAG Customs.

  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless GAAG Customs cannot deliver within 7 days late or if the parties have agreed upon otherwise.

 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

 

Transport costs

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

 

Packaging and shipping

  1. If the package of delivered product is opened or damaged, the customer must have a note drawn up by the forward or delivery person before receiving the product. In the absence of which GAAG Customs may not be held liable for any damage.

  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to GAAG Customs, failing which GAAG Customs cannot be held liable for any damage.

 

Insurance

Storage

  1. If the customer orders products later then the agreed delivery date, the risk of quality loss is entirely for the customer.

  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.

  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be establishes.

  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

 

Indemnity

The customer indemnifies GAAG Customs against all third-party claim that are related to the products and/or services by GAAG Customs.

 

Complaints

  1. The customer must examine a product or service provided by GAAG Customs as soon as possible for possible shortcomings.

  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform GAAG Customs of this as soon as possible, but in any case within 1 month after the discovery of the shortcoming.

  3. Consumers must inform GAAG Customs of this within two months after detection of the shortcomings.

  4. The customer gives a detailed description as possible of the shortcoming, so that GAAG Customs is able to respond adequately.

  5. The customer must demonstrate that the complaint relates to an agreement between the parties.

  6. If a complaint relates to ongoing work, this can in any case not lead to GAAG Customs being forced to perform other work than has been agreed.

 

Giving notice

  1. The customer must provide any notice default to GAAG Customs in writing.

  2. It is the responsibility of the customer that a notice of default actually reaches GAAG Customs (in time).

 

Joint and several Client liabilities

If GAAG Customs enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to GAAG Customs under that agreement.

 

Liability of GAAG Customs

  1. GAAG Customs is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.

  2. If GAAG Customs is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

  3. GAAG Customs is never liable for indirect damages, such as consequential loss, lost profit, lost saving or damage to third parties.

  4. If GAAG Customs is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

  5. All imaged photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Expiry period

Every right of the customer to compensation from GAAG Customs shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

 

Dissolution

  1. The customer has the right to dissolve the agreement if GAAG Customs imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

  2. If the fulfillment of the obligations by GAAG Customs is not permanent or temporarily impossible, dissolution can only take place after GAAG Customs is in default.

  3. GAAG Customs has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give GAAG Customs good grounds to fear that the customer will not be able to fulfill his obligations properly.

 

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of GAAG Customs in the fulfillment of any obligation to the customer cannot be attributed to GAAG Customs in any situation independent of the will of GAAG Customs, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from GAAG Customs.

  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disaster etc.); default and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

  3. If a situation of force majeure arises as a result of which GAAG Customs cannot fulfill one more obligations toward the customer, these obligation will be suspended until GAAG Customs can comply with it.

  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

  5. GAAG Customs does not owe any (damage) compensation in as situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

 

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

 

Changes in the general terms and conditions

  1. GAAG Customs is entitled to amend or supplement these general terms and conditions.

  2. Changes of minor importance can be made at any time.

  3. Major changes in content will be discussed by GAAG Customs with the customer in advance as much as possible.

  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

 

Transfer of rights

  1. The customer cannot transfer its right deferring from an agreement with GAAG Customs to third parties without the prior written consent of GAAG Customs.

  2. This provision applies as a clause with a property law effect as referred to in section 3:83 (2) Dutch Civil Code.

 

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions

  2. A provision that is null or annullable shall, in that case, be replaces by a provision that comes closest to what GAAG Customs had in mind when drafting the conditions on that issue.

 

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.

  2. The Dutch court in the district where GAAG Customs is establishes is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

 

Drawn up on 01 January 2021, GAAG Customs

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