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General Terms and Conditions Goldbergh
For the purposes of these general terms and conditions, the following terms shall have the meaning specified below:
- Goldbergh: the company as described in paragraph 2;
- Buyer: the natural or legal person who orders Goldbergh products via the website www.Goldbergh.com;
- Parties: Goldbergh and the buyer;
- Products: clothing, footwear, accessories and future products and services of Goldbergh;
- Agreement: the written agreements between Goldbergh and the buyer regarding the delivery of the products;
- Delivery: the moment when the buyer or a third party acting on behalf of the buyer actually takes possession of and gains control over the products;
- Intellectual property rights: all full, worldwide intellectual property rights and comparable related rights in the broadest sense of the word, including in particular - but not limited to - the following (or claims thereto):
- (1) Trademarks;
- (2) Trade names;
- (3) Copyright;
- (4) Design rights;
- (5) Patents;
- (6) Database rights;
- (7) Know-how;
- (8) Domain names including any future intellectual property rights, including any powers that the relevant national and international regulations may assign to it.
2. Identity of the operator
Kon. Wilhelminaplein 13
1062 HH Amsterdam
1175 RB Lijnden
Phone number: +31 (0)20 48 777 77
Email: [email protected]
Chamber of Commerce number: 53046889
VAT identification number: NL850722573B01
- These general terms and conditions apply to every offer from the operator and to every remote agreement and orders between operator and consumer;
- By placing an order, the buyer expressly agrees to these terms and conditions.
4. The offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer;
- The offer is non-binding. The operator 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 allow a proper assessment of the offer by the consumer. If the operator uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the operator;
- All images, specifications and information contained in the offer are indicative and cannot give rise to compensation or dissolution of the agreement;
- Product images are a true representation of the products offered. The operator cannot guarantee that the colours shown correspond exactly with the actual colours of the products;
- Each offer contains information such that it is clear to the consumer what rights and obligations are attached to the 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 what actions will be necessary for that purpose;
- Whether or not there is a right of withdrawal;
- The method of payment, delivery and execution of the agreement;
- The period for acceptance of the offer, or the period within which the operator guarantees the price;
- The amount of the rate for remote communication if the costs of using the means of remote communication are calculated on a basis other than the regular basic rate for the means of communication used;
- Whether the agreement will be archived after its conclusion, and if so, how this can be consulted by the consumer;
- The way in which the consumer, prior to the conclusion of the agreement, can check the data provided by it within the framework of the agreement and, if desired, rectify it;
- Any other languages in which, in addition to Dutch, the agreement may be concluded;
- The codes of conduct to which the operator is subject and the way in which the consumer can consult these codes of conduct electronically.
5. The price
- During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates;
- Notwithstanding the previous paragraph, Goldbergh may offer products or services whose prices are subject to fluctuations in the financial market and over which the operator has no influence, with variable prices. The offer shall state this commitment to fluctuation and the fact that any prices quoted are guide prices;
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions;
- Price increases from 3 months after the conclusion of the agreement are only allowed if the operator has stipulated this, and: a. they are the result of statutory regulations or provisions; or b. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect;
- The prices specified in the offer of products or services include VAT;
- 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 operator is not obliged to deliver the product according to the incorrect price.
6. Ordering and delivery
- Orders at Goldbergh can only be accepted without deviations. All orders at Goldbergh, whether based on normal prices or special offers, remain valid as long as stocks last. The buyer cannot derive any rights from orders at Goldbergh;
- Goldbergh shall not be bound by manifest errors or mistakes in its offer;
- Prices are shown on the website in Euro (EUR), US Dollars (USD) and British Pounds (GBP). The prices of the products listed on the Goldbergh website include VAT. Other government levies, shipping and/or other transport costs are not included in the price as standard. Before the order is completed, Goldbergh shall display the total price to be paid by the buyer on its website;
- After placing an order, the buyer will receive an e-mail from Goldbergh in which the products ordered and the total amount of the order is stated including VAT and shipping costs;
- Goldbergh has the right, without giving reasons, to refuse orders within one week after receipt;
- The products shall be delivered to the address specified by the buyer;
- A delivery deadline stated by Goldbergh is only an indication, unless it has been expressly agreed in writing that the deadline is final;
- If the buyer has ordered more than one product, Goldbergh is entitled to deliver the products in parts and is entitled to require payment for each partial delivery.
Goldbergh accepts payments via iDeal, PayPal, Klarna, Visa, Mastercard, Bancontact/Mister Cash, SOFORT Banking, Cartes Bancaires, Visa Electron, American Express and Maestro.
8. Privacy of the buyer
- Goldbergh treats all personal data received from the buyer as personal and confidential. Goldbergh uses the personal data for the execution of the agreement and the payment and delivery of the products. Goldbergh is also authorised to use the personal data for its own promotional activities, such as the Goldbergh newsletter;
- Goldbergh shall not disclose the buyer's personal data to any third parties other than parties involved in the payment and shipment of the products.
9. Right of withdrawal
- When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and announced to the operator;
- If the buyer wishes to exercise the right of withdrawal, the buyer may only unpack or use the products to the extent necessary to assess whether he or she wishes to keep the product. During this period, the buyer shall handle the products and packaging materials with care. The buyer shall return the products with all delivered accessories and, as far as possible, in the original packaging;
- Keep proof of shipment until your return has been processed by Goldbergh.
- If the buyer does not act in accordance with paragraph 7.2., or if the price tag has been removed or the products are otherwise not returned in their original condition, Goldbergh is not obliged to refund the purchase price to the buyer.
10. Costs in case of withdrawal
- If the consumer makes use of his or her right of withdrawal, at most the costs of returning the goods shall be borne by the consumer;
- If the consumer has paid an amount, the operator shall refund this amount as soon as possible, but at the latest within 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Reimbursement shall be made via the same payment method used by the consumer, unless the consumer expressly consents to another payment method;
- In the event of damage to the product due to careless handling by the consumer himself/herself, the consumer is liable for any reduction in value of the product.
11. Defective products
- In case the products do not meet the reasonable requirements of the products, the buyer must immediately report this to Goldbergh, but in no case later than 14 (fourteen) calendar days after delivery of the products. If the buyer fails to comply with the provisions of this paragraph, any right of reimbursement and/or any other possible claim for damages shall lapse;
- The fact that a product is defective shall under no circumstances entitle the buyer to suspend payment or to set it off against the invoice amount to be paid for any other products delivered to the buyer.
- In all cases, liability of Goldbergh arises as a result of attributable failure in the execution of the agreement only if the buyer gives Goldbergh a legally valid written notice of default with due observance of a reasonable recovery period and if Goldbergh continues to fail imputably in the fulfilment of its obligations after that period. The notice of default must contain as complete and detailed a description of the shortcoming as possible to enable Goldbergh to respond adequately;
- Goldbergh is only liable for losses directly resulting from foreseeable and avoidable shortcomings for which it is responsible and which are directly related to the production and delivery of the products;
- Any obligation to pay damages, on whatever grounds, shall at all times be limited to the price of the product;
- If and insofar as compensation or payment under the conditions of the previous paragraph, for whatever reason, is not applicable, any obligation (legal or otherwise) of Goldbergh to pay compensation shall be limited to the value of the order in question.
The risk of - among other things - loss or theft of or damage to the products passes to the buyer at the moment when the buyer, or someone acting on the buyer's behalf, actually takes possession of the products.
14. Force majeure
- If Goldbergh fails in any obligation towards the buyer, such failure cannot be charged to Goldbergh in case of force majeure as referred to in Article 6:75 of the Dutch Civil Code;
- Force majeure includes (but is explicitly not limited to) fire, disturbances, strikes organised by a recognised association and acts or failure to act by governments, including municipalities (such as import restrictions);
- All provisions of this paragraph apply mutatis mutandis to the force majeure of Goldbergh's suppliers and/or any third parties involved in the production and delivery of the products. All cases of failure and/or late and/or defective execution by the parties mentioned in this provision shall be considered as force majeure of Goldbergh.
15. Intellectual property rights
- All intellectual property rights relating to the products, as well as all other documents and materials supplied by Goldbergh, are exclusively owned by Goldbergh. The buyer does not acquire any (user) rights and/or other powers.;
- The buyer declares not to infringe in any way on the intellectual property rights of Goldbergh or to invalidate these rights and/or endanger the ownership of these rights.
16. Third-party links
- The general terms and conditions of the buyer, regardless of the name and form, are expressly excluded, unless expressly agreed otherwise in writing;
- These general terms and conditions shall only become effective if the parties agree to them in writing;
- The invalidity of any provision of these general terms and conditions shall not result in the invalidity of the entire general terms and conditions. In the event that any provision is null and void, the parties shall by mutual agreement replace it with a legally valid provision in such a way that the meaning of these general terms and conditions shall remain in force.
18. Complaints, questions and remarks
- In case the buyer has a complaint, questions about these general conditions and/or any other remarks, the buyer can contact Goldbergh via the contact details mentioned in paragraph 1 of these general terms and conditions. The buyer can reach Goldbergh by e-mail;
- If the buyer has a complaint, Goldbergh shall contact the buyer within 14 (fourteen) working days after receipt of the complaint. In all other cases Goldbergh may decide - but is not obliged - to contact the buyer.
19. Choice of law and forum
- These general terms and conditions and any agreements related thereto shall be governed exclusively by Dutch law;
- All disputes between the parties arising from or otherwise related to agreements or these general terms and conditions shall be resolved in mutual consultation as much as possible. Any dispute that is not resolved by the parties shall be submitted to the competent court in Amsterdam, unless Goldbergh decides to take legal action against the buyer before the competent court in another state or place of business.