General Terms and Conditions Webshop
General Terms and Conditions Webshop giochipergruppi.it
These general terms and conditions set out some basic rules for us as a webshop and you as a consumer.
Table of contents
Article 1 Definitions
Article 2 Our identity
Article 3 Applicability
Article 4 Information
Article 5 Confirmation and security
Article 6 Right of withdrawal upon delivery of products
Article 7 Right of withdrawal upon delivery of services and digital content which have not been supplied on a tangible medium
Article 8 Exclusion of right of withdrawal
Article 9 Dissolution due to withdrawal
Article 10 The price
Article 11 Compliance and warranty
Article 12 Delivery and execution
Article 13 Ongoing transactions: termination, renewal and duration
Article 14 Payment
Article 15 Complaints procedure
Article 16 Intellectual property
Article 17 Personal data
Article 18 Applicable law and competent court
Article 19 Links
Article 20 Your data
Article 21 Additional or different provisions
Article 22 Amendments to General Terms and Conditions
Article 1 Definitions
In these general terms and conditions the following definitions apply:
1. We: the natural person or legal entity that offers products and/or services to consumers remotely; in this case, the web shop where you made the purchase.
2. You: this is you; the natural person not acting in the exercise of a profession or business and enters into a remote contract with us.
3. Remote contract: a contract whereby sole or joint use is made of one or more techniques for remote communication (see no. 4) for the sale of a product, service or digital content up to and including the conclusion of the contract, e.g. an order at a web shop, but also telephone or written orders.
4. Technique for remote communication: means that can be used for concluding a contract, without you and us being in the same room at the same time; for example, telephone or internet.
5. Reflection period: the period within which you can exercise the right of withdrawal.
6. Right of withdrawal: your option to withdraw from the remote contract within the withdrawal period.
7. Day: calendar day.
8. Ongoing transaction: a remote contract for a series of products, services or digital content, where the delivery and/or purchase obligation is spread over time.
9. Durable medium: any means that you can use to store information addressed personally to you, whereby this information can be consulted later and unaltered reproduction of this information is possible, for example a CD-ROM or a USB stick.
10. Digital content: data produced and delivered in digital form.
Article 2 Our identity
Gruppespil.dk
Nijenhuislaan,209 8043WE Zwolle Overijssel The Netherlands
Telephone number: 00316 83 777 853
Contact :
Email address: info@gruppespil.dk
Chamber of Commerce number: 68992386
VAT- ID number: NL857679004B01
Bank account number (IBAN and BIC): NL83INGB0006281798
SWIFT/BIC INGBNL2A
Article 3 Applicability
1. These general terms and conditions apply to every offer made by us and to every remote contract concluded between you and us.
2. These general terms and conditions shall be available to you before you conclude the remote contract. If this is not reasonably possible, we will indicate where and how you can view the general terms and conditions at our premises. If you wish, we will send you the general terms and conditions free of charge as soon as possible.
3. If the remote contract is concluded electronically, other than in the previous paragraph and even before the contract is concluded, we may make these general terms and conditions available to you electronically. We will do this in a way that you can easily save them to a durable data carrier. If this is not reasonably possible, we will indicate where and how you can view these general terms and conditions electronically. At your request, we will send them electronically as soon as possible, free of charge.
4. If specific product or service conditions apply in addition to our general terms and conditions, paragraphs 2 and 3 will also apply. If conflicting general terms and conditions apply, you may invoke the provision that is most favourable to you.
Article 4 Information
1. Before you conclude the sale, you will receive information from us that enables you to properly assess the offer, for example by providing a description and images of the product, service and/or digital content that matches to reality. You will also receive clear information about your rights and obligations, such as:
1. The total price to be paid, including, for example, any disposal charges or delivery costs;
2. The manner in which the contract is concluded;
3. Whether or not the right of withdrawal is applicable;
4. The payment method, delivery or performance of the agreement;
5. The applicable period for the price or the possibility to accept the offer;
6. The fees you will have to pay if you want to contact us, if different from the basic fee;
7. the way in which you become aware of acts you do not want before the conclusion of the contract, as well as the way in which you can rectify them before the contract is concluded;
8. Any languages, besides English, in which the agreement can be concluded;
9. The codes of conduct with which we must comply and the way in which you can view these codes of conduct electronically;
10. The way in which you can inspect the data we have stored about you; and
11. The minimum duration of the remote contract, if it is an ongoing transaction.
2. No later than upon the delivery of the product, service or digital content, you will receive the following information from us. You will receive this information in writing or in such a way that you can easily store it on a durable data carrier (e.g. a CD-ROM or a USB stick):
a. Our visiting address, where you can lodge a complaint;
b. Whether you have a right of withdrawal and, if you have a right of withdrawal, the way in which you can exercise it;
c. information about existing after-sales services and guarantees;
d. the information mentioned above in paragraph 1, unless you have already received it before the performance of the agreement;
e. the conditions for cancelling the contract if the contract is valid for more than one year or valid indefinitely;
f. if you have a right of withdrawal, the model withdrawal form.
3. In the case of an ongoing transaction, paragraph 2 only applies to the first delivery.
Article 5 Confirmation and security
1. As soon as you have placed an order, we will send you an electronic confirmation. Until you have received this confirmation, you can still cancel the purchase by dissolving the contract (see article 9).
2. If you order via Internet, we secure the data exchanged and the online environment. If you pay electronically, we shall provide appropriate security measures.
3. We may investigate whether you can fulfil your payment obligation and whether you can enter into the remote contract responsibly, as long as we remain within the law. If we have good reasons not to enter into the contract, we may refuse your order or request or attach special conditions to the execution, with specification of reasons.
Article 6 Right of withdrawal on delivery of products
When purchasing products, you have a reflection period of at least 14 days.
1. The reflection period commences on the day after you have received the product or it has been delivered to a third party designated by you in advance; or:
a. if you ordered several products in one order: the day on which you, or a third party designated by you -not the carrier- received the last product. We may, if we have clearly informed you of this prior to the ordering process, refuse an order of several products with different delivery times.
b. If the delivery of a product consists of several shipments or part deliveries: the day on which you or a third party designated by you -not the carrier- received the last shipment or part delivery;
c. in case of agreements for the regular delivery of products during a certain period: the day on which you or a third party designated by you -not the carrier- received the first product.
2. During the reflection period you may dissolve the agreement (see article 9 how to do this).
3. During the reflection period, you must handle the product and its packaging with care. This means that you only unpack or use the product to the extent necessary to assess whether you want to keep the product. If you exercise your right of withdrawal, return the product to us with all delivered accessories and - if reasonably possible - in its original condition and packaging. We will inform you how you can do this. This information must be reasonable and clear according to the law.
4. If you exercise your right of withdrawal, you will pay no more than the costs of the return shipment.
5. We will refund all other costs you have already paid, including delivery costs, as soon as possible, but no later than within 14 days, counting from the day after you reported the withdrawal. If we do not collect the product ourselves, we may wait to refund you until we have received the product or you have provided proof that the product has been returned. We will refund you at the earliest opportunity.
Article 7 Right of withdrawal on delivery of services and digital content not supplied on a tangible medium
1. When services and digital content not supplied on a tangible medium are supplied, you have a withdrawal period of at least 14 days. The reflection period starts the day after you concluded the contract. During the reflection period, you can dissolve the contract without specification of reason.
2. We will provide you with information on how to exercise your right of withdrawal with the offer or upon the delivery of the service. This information must be reasonable and clear.
3. We will refund all costs you have already paid as soon as possible, but no later than within 14 days, counting from the day after you have notified us of your withdrawal.
Article 8 Exclusion of right of withdrawal
Sometimes you do not have a right of withdrawal. We must then state this clearly and before the contract is concluded. These are:
1. Products or services whose price is subject to fluctuations in the financial market over which we have no influence and which fluctuations may occur within the withdrawal period;
2. Contracts concluded during a public auction. By a public auction we mean a method of sale where we offer products, services, and/or digital content to you, while you are personally present or are 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, services and/or digital content;
3. Service agreements, after full execution of the service, but only if:
a. the execution has commenced with your express prior consent and
b. you have declared that you lose your right of withdrawal once we have fully executed the contract;
4. Service agreements for the provision of accommodation, if the agreement states a specific date or period of execution and is not for residential purposes, transport of goods, car rental and catering;
5. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
6. Leisure agreements, if the agreement states a certain date or period of execution;
7. Products manufactured according to your specifications, which are not prefabricated and which are manufactured on the basis of your individual choice or decision, or which are clearly intended for a specific person;
8. Products that perish quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products which by their nature are irrevocably mixed with other products after delivery;
11. Alcoholic beverages which price was agreed at the conclusion of the contract, but can only be delivered after 30 days, and the actual value thereof depends on fluctuations in the market over which we have no control;
12. Sealed audio, video recordings and computer software where the seal has been broken;
13. Loose newspapers and magazines with the exception of subscriptions to them;
14. The supply of digital content other than on a tangible medium, but only if:
a. the execution has commenced with your express prior consent; and
b. you have declared that you thereby lose your right of withdrawal.
Article 9 Dissolution due to withdrawal
1. You can dissolve the contract free of charge within the reflection period and also if you have not yet received the order (see article 6 for products, article 7 for services and/or digital content and article 8 for possible exceptions).
2. To exercise the right of withdrawal, you must notify us of the withdrawal. This can be done by means of the model withdrawal form or in another unambiguous manner.
3. If we enable the notification of withdrawal by you by electronic means, we shall send an acknowledgement of receipt immediately after receipt of this notification.
4. We may ask you for the reason for the withdrawal, but you do not have to give it.
5. You must return the product to us as soon as possible, but within 14 days from the day following the notification referred to in paragraph 2, or hand it over to (an authorised representative of) us. This is not required if we have offered to collect the product ourselves. You have complied with the return period in any case if you return the product before the reflection period has expired.
6. You return the product with all delivered accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by us.
7. The risk and burden of proof for exercising the right of withdrawal correctly and on time lies with you.
8. You shall pay the direct costs of returning the product. If we have not notified you that you have to bear these costs, or if we indicate to bear the costs ourselves, you do not have to pay the costs for returning the product.
9. If you withdraw after having first expressly requested that the performance of the service begins during the withdrawal period, you will owe us an amount proportionate to that part of the service that we have performed at the time of withdrawal, compared to the full performance of the service.
10. You do not bear any costs for the performance of services if:
a. we have not provided you with the legally required information on the right of withdrawal, cost reimbursement for the withdrawal or the model withdrawal form, or;
b. you have not expressly requested the commencement of the performance of the service during the withdrawal period.
11. You shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. You have not expressly consented to the commencement of performance of the contract before the end of the reflection period prior to its delivery; .
b. you have not acknowledged losing your right of withdrawal when giving your consent; or .
c. we have failed to confirm this declaration by you.
12. If you exercise your right of withdrawal, all additional contracts shall be terminated by operation of law.
13. We will use the same payment method for the reimbursement as you have used, unless you agree to another method. The refund is free of charge.
14. If you have chosen a more expensive method of delivery than the cheapest standard delivery, we do not have to refund the additional costs for the more expensive method.
Article 10 The price
1. We may not increase the price of the service or product offered during the validity period stated in the offer, except as a result of changes in VAT rates.
2. Contrary to the previous paragraph, we may offer products or services whose prices are linked to fluctuations in the financial market and over which we have no control, with variable prices. We shall then state in the offer that these prices are subject to fluctuations and that these prices are target prices.
3. We may only increase the price within 3 months after the conclusion of the agreement if the increase is due to statutory regulations or provisions.
4. We may only increase the price from 3 months after the conclusion of the agreement if we have stipulated this prior to the conclusion of the agreement and:
a. the price increase is the result of statutory regulations or provisions; or
b. you can cancel the agreement by the day on which the price increase takes effect.
5. All prices are inclusive of VAT.
Article 11 Conformity and guarantee
1. We guarantee that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date of conclusion of the agreement. We also guarantee other than normal use, if you have agreed this with us.
2. We, a manufacturer or an importer may offer you a guarantee scheme. This scheme does not detract from the rights and claims you have in the event of a failure to fulfil our obligations under the law and/or the remote contract.
Article 12 Delivery and execution
1. We are as careful as possible when receiving and executing product orders and when assessing requests for the provision of services.
2. As place of delivery we use the address you provide to us.
3. We shall execute accepted orders expeditiously, no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, you will be notified of this no later than one month after
placing the order. In that case, you will have the right to dissolve the agreement without costs and possible damage compensation.
4. In case of dissolution pursuant to the previous paragraph, we will refund the amount you paid without delay.
5. The risk of damage to and/or loss of products lies with us until the moment of delivery to you or a representative designated and made known to us in advance, unless expressly agreed otherwise.
Article 13 Ongoing transactions: termination, renewal and duration
Termination:
1. You may terminate an agreement for an indefinite period and which concerns an ongoing transaction, at any time as long as you do so in accordance with the agreed termination rules and with a maximum notice period of one month.
2. You may terminate a fixed-term contract that relates to an ongoing transaction at any time towards the end of the fixed term as long as you observe the agreed termination rules and with a maximum notice period of one month.
3. You can terminate the agreements from paragraphs 1 and 2 of this article:
Renewal:
4. An agreement for a fixed term and which concerns an ongoing transaction may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the previous paragraph, a fixed term agreement concerning ongoing transactions of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, if you can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
6. A fixed term agreement concerning an ongoing transaction may only be tacitly renewed for an indefinite term if you can terminate it at any time with a notice period of no more than one month. The notice period shall be a maximum of three months when it concerns an agreement for the delivery of daily, news and weekly newspapers, which are delivered less than once a month.
7. A fixed term agreement for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.
Duration:
8. If an agreement lasts longer than one year, you may after one year terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 14 Payment
1. Unless otherwise agreed, you must pay the amounts due within 14 days from the day after the start of the reflection period. In case several products from one order are delivered at different times, the payment period starts after delivery of the last product. In the case of an agreement to provide a service, you must pay within 14 days of receiving our confirmation of the agreement. If you do not have a reflection period, you must pay within 14 days from the day after the conclusion of the agreement.
2. In case of a remote purchase, general terms and conditions may never request an advance payment of more than 50% and, unless otherwise agreed, you will pay (the remainder of) the purchase price upon delivery of the order or after the provision of a service.
3. You have the duty to immediately report inaccuracies in payment details provided or specified to us.
4. If you fail to pay (on time), we shall be entitled to charge you reasonable extrajudicial collection costs which have been notified to you in advance. The amount of these costs is maximised by law. We may deviate from this in your favour.
Article 15 Complaints procedure
1. We have a complaints procedure that is sufficiently known and we will deal with your complaint as described in this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to us within a reasonable period, fully and clearly described, after you have found the defects.
3. Complaints submitted will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, we will reply within the 14-day period with a notice of receipt and an indication of when you can expect a more detailed reply.
4. If you have a complaint, you can also always register it with the European ODR platform at http://ec.europa.eu/odr.
Article 16 Intellectual property
As a consumer, you explicitly acknowledge that all intellectual property rights of the displayed information, communications or other expressions regarding the products and/or regarding the internet site belong to us, our suppliers or other entitled parties.
Article 17 Personal data
We process your data exclusively in accordance with our privacy policy. In doing so, we observe the applicable regulations.
Article 18 Applicable law and competent court
Dutch law applies exclusively to all our offers, the agreements between you and us, and the performance thereof.
Article 19 Links
Our website may contain third-party advertisements or links to other sites. We have no control over the privacy policy of these third parties or their sites and are not responsible for it.
Article 20 Your data
You can always ask us by email which of your data is being processed. You can also ask us by email to make improvements, additions or other corrections, which we will process as soon as possible. If you no longer wish to receive information, please let us know. Information will only be sent if you have provided your email address for this purpose.
Article 21 Additional or different provisions
Additional provisions or provisions deviating from these general terms and conditions may not disadvantage you. These provisions must be laid down in writing or be available in such a way that you can save them in an accessible manner on a durable data carrier.
Article 22 Amendments to General Terms and Conditions
1. Gruppespil may unilaterally amend these General Terms and Conditions.
2. Last amendment 16-03-2023