Terms of service

Table of Contents:

Article 1 - Definitions span >

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement p>

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof < / p>

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of the right of withdrawal p>

Article 11 - The price

Article 12 - Compliance and additional warranty p>

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, cancellation and renewal span>

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or different provisions

Article 1 - Definitions

In these conditions:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

  2. Reflection time:the period within which the consumer can exercise his right of withdrawal;

  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;

  4. Day: calendar day;

  5. Digital content: data that is produced and delivered in digital form;

  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;

  7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use during a period that is geared to the purpose for which the information is intendedand which allows unaltered reproduction of the stored information;

  8. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;

  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers from a distance;

  10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized distance selling system for products, digital content and / or services , whereby up to and including the conclusion of the agreement, exclusively or partly use is made of one or more techniques for distance communication;

  11. Model form for withdrawal: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not need to be made available if the consumer does not have a right of withdrawal with regard to his order;

  12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

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    Article 2 - Identity of the entrepreneur

    GT Discount

    Bella vistastraat 190

    1096 GM

    Amsterdam, The Netherlands

    Email address: Info@gtdiscount.com

    Chamber of Commerce number: NL003510444B44

    VAT identification number: 80997384

    I p>

    Article 3 - Applicability

    1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

    2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer. P >

    3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be electronically edited. be made available to the consumer in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise. / p>

    4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable to him.

    Article 4 - The offer

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

    2. The offer contains a complete and accurate description of the products, digital content 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, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

    3. Each offer contains such information that it is clear to the consumer what rights and obligations are , which are linked to the acceptance of the offer.

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      Article 5 - The Agreement

      1. The Agreement is, subject to the provisions of paragraph 4, established at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.

      2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

      3. 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.

      4. The entrepreneur can - within legal frameworks - inform himself 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 contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.

      5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will provide the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner in a durable data carrier, enclose:

      1. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;

      2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

      3. the information about guarantees and existing after-sales service;

      4. the price, including all taxes on the product, service, or digital content; insofar as applicable, the delivery costs; and the method of payment, delivery or implementation of the distance contract;

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

      6. if the consumer has a right of withdrawal, the model withdrawal form.

      1. In case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

      Article 6 - Right of withdrawal

      For products:

      1. The consumer can terminate an agreement regarding the purchase of a product without giving reasons for a cooling-off period of at least 14 days. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).

      2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

      1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.

      2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

      3. in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

      For services and digital content that is not delivered on a tangible medium:

      1. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).

      2. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

      Extended reflection period for products, services and digital content that is not supplied on a tangible medium if not informed about the right of withdrawal:

      1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original, determined in accordance with the previous paragraphs of this article. reflection period.

      2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

      Article 7 - Obligations of the consumer during the reflection period

      1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

      2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

      3. The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

      Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

      1. If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

      2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.

      3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

      4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

      5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.

      6. If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that are not put up for sale in a limited volume or specified quantity commence during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that was fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.

      7. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not put up for sale in a limited volume or quantity, or for the supply of district heating, if:

      1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model withdrawal form, or

      2. the consumer has not explicitly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.

      1. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

      1. prior to delivery, he has not expressly agreed to commence performance of the agreement before the end of the reflection period;

      1. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

      1. prior to delivery, he has not expressly agreed to commence performance of the agreement before the end of the reflection period;

      2. he has not acknowledged losing his right of withdrawal when giving his consent; or

      3. the entrepreneur has failed to confirm this statement made by the consumer.

      1. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

      Article 9 - Obligations of the entrepreneur in case of withdrawal

      1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt upon receipt of this notification.

      2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.

      3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

      4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

      Article 10 - Exclusion of right of withdrawal

      The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

      1. Products or services whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

      2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and / or services;

      3. Service agreements, after full performance of the service, but only if:

      1. execution has begun with the consumer's explicit prior consent; and

      2. the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;

      1. Package travel as referred to in Article 7: 500 BW and passenger transport agreements;

      2. Service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;

      3. Agreements related to leisure activities, if a specific date or period of performance is provided for in the agreement;

      4. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

      5. Products that spoil quickly or have a limited shelf life;

      6. Sealed products that are not suitable for return for health protection or hygiene reasons and that have been unsealed after delivery;

      7. Products that by their nature are irrevocably mixed with other products after delivery;

      8. Alcoholic drinks, the price of which was agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence has;

      9. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

      10. Newspapers, magazines or magazines, with the exception of subscriptions to these;

      11. The delivery of digital content other than on a tangible medium, but only if:

      1. execution has begun with the consumer's explicit prior consent; and

      2. the consumer has declared that he thereby loses his right of withdrawal.

      Article 11 - The price

      1. During the validity period stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes due to changes in VAT rates.

      2. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.

      3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

      4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

      a. they are the result of statutory regulations or provisions; or

      b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.

      1. The prices stated in the offer of products or services include VAT.

      Article 12 - Fulfillment of the agreement and extra warranty

      1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the on the date of the formation of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

      2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed performance of its part of the agreement.

      3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do in case he has failed to comply with the performance of its part of the agreement.

      Article 13 - Delivery and execution

      1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

      2. The place of delivery is the address that the consumer makes known to the entrepreneur.

      3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

      4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

      5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless explicitly agreed otherwise. p>

      Article 14 - Duration transactions: duration, cancellation and renewal

      Cancellation:

      1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of up to one month.

      2. The consumer can terminate a contract that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, taking into account agreed termination rules and a notice period of no more than one month.

      3. The consumer can accept the agreements mentioned in the previous paragraphs:

        • Cancel at any time and not be limited to cancellation at any time or during any period;

        • at least cancel in the same way as they entered by him;

        • always cancel with the same notice period as the entrepreneur has stipulated for himself.

      Renewal:

      1. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.

      2. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a specified period of a maximum of three months. , if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.

      3. A contract that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

      4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period .

      Duration:

      1. If an agreement has a duration of more than one year, the consumer may cancel 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 to postpone the end of the agreed duration.

      Article 15 - Payment

      1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days. days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.

      2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s) before the stipulated advance payment has been made.

      3. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

      4. If the consumer does not meet his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still to fulfill his payment obligations, after non-payment within this 14-day period, the statutory interest is due on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

      Article 16 - Complaints procedure

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

      2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

      3. 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 reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.

      4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement.

      Article 17 - Disputes

      1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.

      Article 18 - Additional or different terms

      Additional provisions or provisions deviating 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 in an accessible manner in a durable data carrier.