Terms & conditions

English

Article 1 – Definitions

1. GENGIETCG / JOLIAN HORECA: established at Kerkstraat 9, 2959 BS Streefkerk, the Netherlands, registered with the Dutch Chamber of Commerce under number 72850000.

2. Customer: the person or entity with whom GENGIETCG has entered into an agreement.

3. Parties: GENGIETCG and the Customer jointly.

4. Consumer: a Customer acting as a private individual and not on behalf of a business or for professional or commercial purposes.

5. Website: the website(s) on which GENGIETCG offers its products and/or services.

Article 2 – Identity and Contact Details

Trading name: GENGIETCG / JOLIAN HORECA

Business address: Kerkstraat 9, 2959 BS Streefkerk, the Netherlands

Email: gengietcg@gmail.com

Telephone: +31 0682072346

Chamber of Commerce number: 72850000

VAT number: NL859259948B02

Article 3 – Applicability of the General Terms and Conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of GENGIETCG.

2. The Parties may only deviate from these terms and conditions if this has been expressly agreed in writing.

3. The applicability of any additional and/or deviating general terms and conditions of the Customer or third parties is expressly excluded.

Article 4 – Offers and Prices

1. All prices charged by GENGIETCG are in euros, including VAT and excluding any additional costs such as administration fees, levies and travel, shipping or transport costs, unless expressly stated or agreed otherwise.

2. All prices for products or services, whether published on the Website or otherwise communicated, may be changed by GENGIETCG at any time. The price applicable at the time the order is placed shall apply to that order, subject to obvious errors or statutory exceptions.

3. Increases in the cost prices of products or parts thereof, which GENGIETCG could not reasonably foresee at the time of making the offer or entering into the agreement, may result in price increases, insofar as legally permitted.

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 results from a statutory regulation or another statutory exception.

Article 5 – Formation of the Agreement

1. An agreement is concluded once the Customer has placed an order and payment for the order has been successfully completed.

2. After successful completion of the order, the Customer will receive an order confirmation by email at the email address provided by the Customer.

3. GENGIETCG reserves the right to refuse or not execute an order, for example in the event of an obvious pricing or product error, insufficient stock, suspected fraud or other legitimate reasons, insofar as legally permitted.

4. If an order that has already been paid for is refused or cancelled by GENGIETCG, the amount already paid shall be refunded to the Customer as soon as reasonably possible.

Article 6 – Payment

1. Payment for online orders must be made immediately when placing the order.

2. GENGIETCG accepts the following payment methods: iDEAL, Bancontact and Revolut, insofar as these payment methods are available at the time of ordering.

3. If a payment fails, is not completed or is reversed, GENGIETCG is not required to deliver the order until full payment has been successfully received.

4. For business customers or other orders for which a different payment period has been agreed in writing, the agreed payment period shall apply.

Article 7 – Samples/Models

If the Customer has received a sample or model of a product, the Customer may not derive any rights from this other than that it serves as an indication of the nature of the product, unless the Parties have expressly agreed that the products to be delivered will correspond to the sample or model.

Article 8 – Consequences of Late Payment

1. If the Customer does not pay within the agreed payment period, GENGIETCG is entitled to charge interest of 1% per month from the day on which the Customer is in default, whereby part of a month shall be counted as a full month, insofar as legally permitted.

2. If the Customer is in default, the Customer shall also owe GENGIETCG any extrajudicial collection costs and applicable compensation for damages, insofar as legally permitted.

3. Collection costs shall be calculated in accordance with the Dutch Decree on Compensation for Extrajudicial Collection Costs.

4. If the Customer fails to pay on time, GENGIETCG may suspend its obligations until the Customer has fulfilled its payment obligation, insofar as legally permitted.

5. In the event of liquidation, bankruptcy, attachment of assets or suspension of payments on the part of the Customer, all claims of GENGIETCG against the Customer shall become immediately due and payable, insofar as legally permitted.

6. If the Customer refuses to cooperate with the performance of the agreement by GENGIETCG, the Customer remains obliged to pay the agreed price, insofar as legally permitted.

Article 9 – Right of Reclamation

1. Once the Customer is in default, GENGIETCG is entitled to invoke its statutory right of reclamation with regard to products delivered to the Customer that have not been paid for, insofar as legally permitted.

2. GENGIETCG shall invoke the right of reclamation by means of a written or electronic notification.

3. Once the Customer has been informed that the right of reclamation has been invoked, the Customer must immediately return the products to GENGIETCG, unless the Parties agree otherwise.

4. The costs of collecting or returning the products shall be borne by the Customer insofar as legally permitted.

Article 10 – Right of Withdrawal

1. A Consumer generally has a statutory cooling-off period of 14 days for an online purchase during which the agreement may be cancelled without giving a reason, unless a statutory exception to the right of withdrawal applies.

2. The cooling-off period starts on the day after the Consumer receives the product. In the case of an order consisting of several products, the cooling-off period starts on the day after the Consumer receives the final product.

3. The Consumer may exercise the right of withdrawal by contacting gengietcg@gmail.com, preferably using the withdrawal form available on the Website.

4. After notifying GENGIETCG of the exercise of the right of withdrawal, the Consumer must return the product within 14 days.

5. For TCG cards, returns will only be accepted where the cards are still in their original packaging and the packaging is unopened and undamaged, insofar as such a condition is legally permitted and does not prejudice the Consumer's statutory right of withdrawal.

6. Returns must be sent to:

GENGIETCG / JOLIAN HORECA
Kerkstraat 9
2959 BS Streefkerk
The Netherlands

7. The risk of the return shipment remains with the Customer until the returned goods have been received by GENGIETCG, insofar as legally permitted.

8. If the entire order is returned, the original standard delivery costs shall be refunded to the Consumer insofar as legally required. Any additional costs resulting from the Consumer choosing a more expensive delivery method shall not be refunded to the extent permitted by law.

9. GENGIETCG shall refund the amount legally due as soon as reasonably possible and within the statutory period at the latest. GENGIETCG may wait with the refund until the products have been received or until the Consumer has demonstrated that the products have been returned, whichever occurs first.

10. If the Consumer has used the product beyond what is necessary to establish its nature, characteristics and functioning, GENGIETCG may charge for any resulting depreciation in value insofar as legally permitted.

Article 11 – Exceptions to the Right of Withdrawal

The statutory right of withdrawal does not apply where the law provides for an exception. This may include certain perishable products, products manufactured according to the Consumer's specifications or clearly personalised products, sealed products which are not suitable for return for reasons of health protection or hygiene after the seal has been broken, and certain urgent repairs or services for which the Consumer has expressly requested urgency.

Where legally required, the Consumer will be informed in advance when a statutory exception to the right of withdrawal applies.

Article 12 – Right of Suspension

Unless the Customer is a Consumer, the Customer waives the right to suspend performance of any obligation arising from this agreement, insofar as legally permitted.

Article 13 – Right of Retention

1. GENGIETCG may invoke its right of retention and retain the Customer's products until the Customer has paid all outstanding invoices, insofar as legally permitted.

2. This right also applies to previous agreements for which the Customer still owes payments, insofar as legally permitted.

3. GENGIETCG shall not be liable for damage suffered by the Customer as a result of the lawful exercise of the right of retention, except where liability is required by law.

Article 14 – Set-off

Unless the Customer is a Consumer, the Customer waives the right to set off any debt owed to GENGIETCG against a claim the Customer may have against GENGIETCG, insofar as legally permitted.

Article 15 – Retention of Title

1. GENGIETCG shall remain the owner of all delivered products until the Customer has fully fulfilled all payment obligations, insofar as a retention of title can legally be agreed.

2. Until that time, GENGIETCG may invoke its retention of title and repossess the goods, insofar as legally permitted.

3. The Customer may not pledge, sell or otherwise encumber the products before ownership has transferred, except where permitted by law.

4. If GENGIETCG lawfully invokes its retention of title, the agreement may, insofar as legally permitted, be terminated.

Article 16 – Delivery

1. Delivery is subject to availability of stock.

2. Delivery shall take place at GENGIETCG, unless agreed otherwise.

3. Products ordered online shall be delivered to the address provided by the Customer.

4. In the event of late payment, GENGIETCG may suspend its obligations insofar as legally permitted.

5. In the event of late payment, creditor's default may apply insofar as the statutory requirements are met.

Article 17 – Delivery Period

1. Delivery periods specified by GENGIETCG are indicative unless a fixed delivery period has expressly been agreed.

2. The delivery period starts once the electronic ordering process has been fully completed and payment has been received.

3. If a statutory or agreed delivery period is exceeded, the Consumer shall retain the rights granted under applicable law.

Article 18 – Actual Delivery

The Customer must ensure that actual delivery can take place in a timely manner and that the delivery address provided is correct and accessible.

Article 19 – Transport Costs

Transport and shipping costs shall be borne by the Customer unless otherwise agreed or unless the law requires these costs to be borne by GENGIETCG.

Article 20 – Packaging and Shipment

1. If the packaging of a delivered product is visibly opened or damaged, the Customer is requested to report this to the delivery person upon receipt and, where possible, have this recorded or photographed.

2. Failure to have damage recorded upon delivery does not limit the statutory rights of a Consumer.

3. If the Customer arranges transportation themselves, any visible damage must be reported to GENGIETCG in advance.

Article 21 – Storage

1. If the Customer takes possession of ordered products at a later time or requests that they be stored, the risk of loss of quality shall be borne by the Customer insofar as such loss of quality results from late collection and is legally permitted.

2. Additional costs resulting from early or late collection may be charged to the Customer if this has been agreed in advance.

Article 22 – Warranty and Statutory Conformity

1. GENGIETCG warrants that products comply with the agreement and with the statutory requirements applicable to them.

2. Consumers retain their statutory rights if a product does not conform to the agreement. These statutory rights are not limited by any additional commercial warranty conditions of GENGIETCG.

3. Any additional warranty provided by GENGIETCG applies exclusively to defects resulting from faulty manufacturing, construction or materials, unless agreed otherwise in writing.

4. Normal wear and tear, damage caused by improper use, improper storage or handling, and damage caused by the Customer themselves are not covered by any additional commercial warranty, insofar as legally permitted.

5. The statutory rights of Consumers remain unaffected.

Article 23 – Exchanges

1. Exchanges are only possible within 14 days of purchase with the original invoice, original packaging and an unused product, unless the law provides otherwise.

2. Once the seal of a product has been broken, the product may no longer be exchanged where the statutory or contractual conditions for exchange are no longer met.

3. Discounted, perishable and custom-made items cannot be exchanged insofar as legally permitted.

Article 24 – Indemnification

The Customer shall indemnify GENGIETCG against third-party claims relating to information, materials or instructions provided by the Customer and the resulting delivery of products and/or services, insofar as legally permitted.

Article 25 – Complaints

1. The Customer must inspect a delivered product for defects as soon as reasonably possible.

2. Complaints may be submitted via gengietcg@gmail.com.

3. The Customer should report a complaint as soon as reasonably possible after discovering the defect, so that GENGIETCG has the opportunity to assess the complaint and, where necessary, inspect the product.

4. The Customer should provide a detailed description of the defect and, where possible, include photographs or other relevant evidence.

5. Consumers retain the statutory rights and periods applicable under consumer protection law.

6. GENGIETCG aims to handle complaints as quickly as reasonably possible and to reach an appropriate solution with the Customer.

Article 26 – Notice of Default

1. Notices of default must be communicated to GENGIETCG in writing, unless the law permits or requires another form.

2. The Customer is responsible for ensuring timely delivery of the notice of default.

Article 27 – Joint and Several Liability of the Customer

In agreements with multiple Customers, each Customer shall be jointly and severally liable for the full amounts due, insofar as legally permitted.

Article 28 – Liability of GENGIETCG

1. GENGIETCG shall be liable for damage insofar as such liability cannot legally be excluded or limited.

2. To the extent legally permitted, GENGIETCG shall only be liable for direct damage arising directly from a failure to perform the agreement.

3. To the extent legally permitted, GENGIETCG shall not be liable for indirect damage, consequential loss, loss of profit, missed savings or business interruption.

4. The limitations of liability contained in this article shall not apply insofar as their application is prohibited by mandatory law.

Article 29 – Storage Period for Products

1. GENGIETCG applies a storage period of three months from the date of purchase for products purchased by the Customer but not yet collected or taken into possession, unless a different period has been agreed in writing.

2. The Customer is responsible for collecting the purchased products on time.

3. If the Customer makes a new purchase from GENGIETCG within the applicable storage period, the storage period for previously stored products may recommence from the date of the new purchase if this has been agreed between the Parties.

4. If the storage period expires, GENGIETCG shall, where reasonably possible, inform the Customer in advance and provide the Customer with a reasonable final opportunity to collect the products.

5. If the Customer fails to collect the products after the storage period and any additional reasonable period have expired, GENGIETCG may, insofar as legally permitted, dispose of the relevant goods.

6. Any reasonable costs arising because the Customer fails to collect products on time may be charged to the Customer if this has been agreed in advance and is legally permitted.

7. This article does not affect mandatory statutory rights of Consumers.

Article 30 – Intellectual Property

1. All texts, photographs, images, logos, designs, trade names, graphic elements and other content used by or on behalf of GENGIETCG on the Website or through other communication channels remain the property of GENGIETCG or its licensors, insofar as intellectual property rights apply to them.

2. Without prior written permission, it is not permitted to copy, reproduce, publish or commercially use these materials in whole or in part, unless permitted by law.

Article 31 – Force Majeure

1. GENGIETCG shall not be obliged to perform an obligation if performance is prevented by force majeure, insofar as performance cannot reasonably be required from GENGIETCG.

2. Force majeure may include, among other things: system or internet failures, power outages, transport problems, supplier problems, fire, water damage, extreme weather conditions, government measures, pandemics, strikes and other circumstances beyond the reasonable control of GENGIETCG.

3. If the force majeure situation is temporary, GENGIETCG may suspend performance of the agreement until the force majeure situation has ended.

Article 32 – Termination and Dissolution

1. An agreement may be terminated or dissolved if and insofar as this is permitted under the law, the agreement or these general terms and conditions.

2. GENGIETCG is entitled, insofar as legally permitted, to suspend performance or terminate the agreement if the Customer fails to fulfil payment obligations or other material obligations arising from the agreement.

3. The statutory rights of Consumers, including the statutory right of withdrawal, remain unaffected.

Article 33 – Privacy and Personal Data

GENGIETCG processes personal data in accordance with applicable privacy legislation. GENGIETCG's separate privacy statement explains which personal data are processed, for which purposes, how the data are secured and which rights data subjects have.

Article 34 – Product Information

1. GENGIETCG endeavours to display product information, images, photographs, colours, dimensions and descriptions as accurately as possible.

2. Minor differences in colour, image, packaging, appearance or other product characteristics may occur insofar as such differences cannot reasonably be prevented and do not affect the agreement.

3. Obvious errors or mistakes in product information, prices or offers do not bind GENGIETCG where the Customer could reasonably have understood that an error had occurred.

Article 35 – Applicable Law and Jurisdiction

1. Agreements between GENGIETCG and the Customer shall be governed by Dutch law, unless mandatory statutory provisions provide otherwise.

2. Disputes shall be submitted to the competent court in the Netherlands, taking into account the statutory rules concerning jurisdiction and consumer protection.

Article 36 – Final Provisions

1. If any provision of these general terms and conditions is found to be invalid or voidable, the remaining provisions shall remain fully effective.

2. GENGIETCG shall replace the relevant provision with a valid provision that corresponds as closely as possible to the purpose and meaning of the original provision.

3. GENGIETCG may amend these general terms and conditions. For agreements already concluded, the terms and conditions applicable at the time the agreement was concluded shall apply, unless an amendment may also legally apply to those agreements.