3. Making an agreement
8. Inspection and complaints
10. Postponement and dissolution
11. Debt collection costs
13. Force Majeure
14. Applicable law
1. the following terms have the following meaning, unless explicitly stated otherwise.
Consumer: a person over 18 years of age, who is a natural person. And not acting on behalf of a trade or profession;
Agreement: the agreement between Goldsgymshop.nl and consumers.
1. The following conditions apply to every offer, tender and agreement between a consumer and Goldsgymshop.nl to which Goldsgymshop.nl has indicated that these conditions are applicable, and only in so far that no deviations have been made by the parties concerned in writing.
2. The periods also apply to agreements with Goldsgymshop.nl, where third parties are involved.
1. The agreement is established after an order is placed via the webshop.
1. The consumer undertakes to pay the purchase price with one of the payment options that are offered on the website, unless otherwise agreed in writing. Orders that are made outside the Netherlands can be paid only by prepayment via bank transfer, or Icepay by MasterCard or Visa.
2. The amount owed by the consumer must be paid within fourteen days after placing the order.
3. Objections to the amount of the invoices does not suspend the payment obligation.
4. In case of bankruptcy, moratorium or receivership, the claims of Goldsgymshop.nl and obligations of the consumer against Goldsgymshop.nl will be payable immediately.
5. When the payment date of an invoice has expired by 14 days, the consumer is legally in default and is therefore liable, from the moment of default, for an interest of 1% per month on the overdue amount, unless the legal interest is higher, in which case the legal interest is due.
6. Goldsgymshop.nl has the right to settle invoices that have not been paid by the payments made by the consumer for new orders. Goldsgymshop.nl may, without being in default, refuse an offer for payment, if the consumer designates a different order for the settlement .
1.Unless otherwise agreed, the delivery will be done from the Goldsgymshop.nl shop or warehouse.
2. The delivery times quoted by Goldsgymshop.nl are valid from the moment that we have received a confirmation of Icepay or that the total amount is paid and received in our bank account.
3. The consumer is obliged to accept the purchased goods at the moment that they are made available to him or are handed to him.
4. Goods will be delivered in The Netherlands when in stock, and when not otherwise agreed in writing, within 15 days after the day the agreement was made, subject to the provisions of Article 13 of these General Conditions (force majeure).
Goods will be delivered outside The Netherlands when in stock, and when not otherwise agreed in writing, within 30 days after the day the agreement was made, subject to the provisions of Article 13 of these General Conditions (force majeure).
5. The delivery date stated by Goldsgymshop.nl is indicative. This delivery date is never a deadline. Final delivery should not exceed the stated delivery time by more than 8 weeks, except in case of force majeur.
1. Any costs for returns to Goldsgymshop.nl. must always be prepaid, and a reason for the return must be given. When not observing these conditions, Goldsgymshop.nl is entitled to refuse the return and/or return the goods at the expense of the consumer. When sending a return to Goldsgymshop.nl, the shipping costs and the risk are for the consumer.
2. Defects that were not apparent at the time of delivery must be reported to Goldsgymshop.nl by the consumer within 10 days of discovery.
Any claim of the consumer against us, relating to defects in the goods supplied by us shall lapse if:
Goldsgymshop.nl was not notified within the period stated in this article (paragraph 2, Art. 6) about the defects.
The consumer is not or insufficiently cooperative in respect of an investigation into the validity of the complaint.
Consumer used the goods in contravention of the regulations, or at least did not use the goods in a proper manner.
The warranty mentioned in the individual order has expired, or when this period is lacking, the complaints have only been issued after more than 12 months after the goods were delivered.
The consumer continues to apply and use the goods in the same way in relation to their complaint.
3. Complaints about prices and invoices should be made in writing within 8 days after delivery of the goods and/or the invoice date.
4. Lodging a complaint does not give the consumer the right to delay or refuse receipt or payment of the goods.
5. Consumer must always give Goldsgymshop.nl the opportunity to repair a possible defect.
6. Defects due to injudicious or incorrect use of the goods are outside of the warranty. Goldsgymshop.nl is not liable.
1. Goldsgymshop.nl retains full ownership of the delivered goods until the purchase price is paid in full. Upon full payment of the purchase price, ownership of the goods will by right go to the consumer.
2. Goldsgymshop.nl is at all times entitled to retrieve goods from consumers (or third parties), that are Goldsgymshop.nl possessions, as soon as Goldsgymshop.nl can reasonably assume that there is real risk that the consumer will not fulfil his obligations. This does not absolve the consumer of payment of all costs that arise from the retrieval of the goods or that arise after the goods have been retrieved.
1. The consumer is required at the time of delivery, or in any case within the shortest possible time to check the delivered items for defects. In addition, the consumer must examine the quality and quantity of the delivered goods and ensure comply with what was agreed, or at least meets the requirements set out in the normal (business) transactions.
2. Any visible defects must be reported within three days after delivery to Goldsgymshop.nl with the simultaneous presentation of the original invoice and the defect goods, unless this is impossible or unreasonably onerous.
3. A non-visible defect should be reported to Goldsgymshop.nl within 8 days of discovery by the consumer. When the warranty period has expired, Goldsgymshop.nl has the right to charge for all costs of repair or substitution, inclusive of administration, shipping and call costs.
4. If, in accordance with the previous paragraphs, a timely complaint is submitted, the consumer remains obliged to accept and pay for the items purchased. If the consumer wishes to return defect goods, he shall do so with the prior written permission of Goldsgymshop.nl and in the manner specified by Goldsgymshop.nl.
1. The risk of loss or damage to the products, subject of the contract, shall pass to the consumer at the moment the goods are legally and/or actually delivered, and therefore lodged with the consumer or a third party designated by the consumer
1. Goldsgymshop.nl has the right to postpone or dissolve the compliance of the contract, if:
– the consumer does not fully, or only partially comply with the obligations of the contract.
– After making the agreement, Goldsgymshop.nl learns of circumstances giving good reason to fear that the consumer will not fulfil his obligations. If good reason exists to fear that the consumer will only partially or improperly fulfil his obligations, postponement shall only be allowed in so far as the shortcomings justify it.
– After making the agreement, the consumer has been requested to provide security for the fulfilment of his obligations under the agreement and this security is not provided or insufficient.
2. Furthermore Goldsgymshop.nl has the right to dissolve the agreement if circumstances arise of such nature that fulfilment of the contract is impossible or to standards of reasonableness and fairness can no longer be required, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement cannot reasonably be expected.
3. If the agreement is dissolved, Goldsgymshop.nl can immediately claim any demands it has on the consumer. If Goldsgymshop.nl postpones the fulfilments of the obligations, it shall retain his rights under the law and the agreement.
4. Goldsgymshop.nl retains the right to claim damages.
1. If the consumer for whatever reason fails to pay, then the debt collection, after repeated default and increased with reasonable costs for collection, will be passed to a third party. All judicial and non-judicial costs arising from this will be charged to the consumer.
2. If Goldsgymshop.nl can prove that higher costs were incurred, which were reasonably necessary, these shall also qualify for reimbursement.
3. Any reasonable judicial and execution costs are also borne by the consumer.
4. The consumer is charged interest over the debt collection costs.
1. Only if the warranty obligations in respect of goods supplied by Goldsgymshop.nl have not been taken over by third parties, can the consumer apply (warranty) claims against Goldsgymshop.nl as referred to in Article 6 of these terms and conditions.
In this case our liability will be limited to defects resulting from manufacturing defects.
Furthermore our liability shall be limited to the amount for which we are insured in this matter.
2. Where liability referred to in the previous paragraph applies to us, we are only obliged to, at our discretion:
a. repair (free of charge) the defects, or
b. delivery of replacement items after (return) receipt of the defective goods, or
c. repayment of the purchase price or crediting of the invoice sent to the consumer. Dissolving the agreement without judicial intervention, at the purchase price, the invoice and contract relating to the goods supplied, or
d. a compensation to be determined in an agreement with the consumer in a form other than mentioned above.
3. If the consumer, without our express prior written consent, has made changes to the goods or had changes carried out, any warranty obligation on our part is made void.
4. Except our potential obligation(s) under the above, we are never obliged to pay any compensation to consumers and to others, unless there is intent or gross negligence on our part (to be proved by the person who holds us liable).
Furthermore we are not liable for consequential- or company damage. Also not for direct or indirect damages, loss of profit and stop loss included, suffered by the consumer, his subordinates and workers contracted by him or third parties, caused by complete or partial (re)delivery of items or, delayed or unsound delivery or failure to deliver the goods or by the goods themselves. In particular, we are not liable for any damage whatsoever, which arises because laws or regulations of the country (abroad) where the goods are delivered and/or the country (abroad) where consumer resides or is established and/or the country abroad where the goods are used, is different from the laws or regulations in The Netherlands.
1. Parties are not obliged to fulfil any obligation, if they are hindered by a circumstance that is not from negligence, and under the law, a legal act, or generally accepted practice.
2. With Force Majeure is meant in these terms and conditions, in addition to the provisions of the law and jurisprudence, all external causes, foreseen or unforeseen, which Goldsgymshop.nl cannot influence but which prevent Goldsgymshop.nl to meet its obligations. Strikes in Goldsgymshop.nl are included.
3. Goldsgymshop.nl also has the right to invoke force majeure, if the circumstance which prevents (further) fulfilment, occurs after Goldsgymshop.nl should have honoured its commitment.
4. Parties may, during the period of force majeure, postpone the obligations under the agreement. If this period lasts longer than two months, either party has the right to terminate the agreement without any obligation to pay damages to the other party.
5. In as far as Goldsgymshop.nl, at the time the force majeure, has partially fulfilled his obligations under the contract or will be able to fulfil the obligations, and an independent value can be given to the fulfilled or the to be fulfilled obligations, Goldsgymshop.nl is entitled to invoice the already performed or the to be performed part. The consumer is obliged to pay this invoice as if it were a separate agreement.
1. On any agreement between the consumer and Goldsgymshop.nl. Dutch law is applicable.