- TERMS AND CONDITIONS
TERMS AND CONDITIONS
Terms and Conditions
GSO (GrowShop-Online.eu) Shipment Terms and Purchase Conditions
Art. 1 Specifications
The use of these Terms and Conditions provided by GSO is subject to the following terms:
The Buyer :
Everyone coming to an agreement, or came to an agreement in the past, with GSO.
GSO user of these Terms and Conditions, seated and the office at Postbus 7095, 5605 JB Eindhoven
Every agreement between The Buyer and GSO involving purchase and sale, in regard to the affairs of GSO
Terms and Conditions:
GSO Shipment Terms and Purchase Conditions
Art. 2 Applicability Terms and Conditions
Every offer, proposition or other form of Agreement is subject to these Terms and Conditions. These Terms and Conditions cover all consignments and other services following an Agreement.
Buyer, or other acquisition, terms supplements and/or divergence have no share in the Agreement and do not commit GSO, unless parties have emphatically agreed to do so.
If these Terms and Conditions are subject to alteration, the modified Terms and Conditions cover every Agreement reached in that period of time, unless The Buyer explicitly indicated not to accept these modified Terms and Conditions, within seven days after receiving the modified Terms and Conditions.
Art. 3 Reaching an Agreement
Propositions and special offers are without engagement, unless explicitly mentioned otherwise.
An Agreement is reached after the order by the Buyer is accepted by GSO. By placing an order The Buyer accepts the applicability of these Terms and Conditions. Unless GSO explicitly refuses to meet the order, within a period of two weeks after the order is placed, an Agreement is reached.
The Buyer is authorized to dissolve the Agreement without issuing motivation in the first five weekdays after the Agreement is reached. GSO accepts only e-mails in this matter.
Art. 4 Force majeure
If GSO is not able to deliver the order due to force majeure, GSO is dismissed of her duties of the Agreement. In case the force majeure leads to delay of the delivery GSO can not be held accountable to deliver within the normal time limit.
Force majeure includes all circumstances in which GSO has no influenced nor could have had influence. The Buyer can only dissolve the Agreement in case the Agreement is unachievable, at least not in the first two months after the Agreement is reached.
Force majeure never leads to compensation of any damages of The Buyer, by a claim addressed to GSO.
Art. 5 Liabilities
GSO is not liable for damages The Buyer, or third parties, suffer due to deficiencies in products sold by GSO.
GSO is not liable for damages of The Buyer, or third parties, due to canceled, wrong or late deliveries by GSO.
The liability of GSO is limited to the value of the products subject to the Agreement.
The terms of limitation for claims against GSO is one year after the concerning Agreement is reached.
Art. 6 Payments
The Buyer is charged by GSO to the amount coming from the Agreement. The Buyer and GSO can agree for cash payments. Payments can only be done on Sannie's account, without retention and/or deduction. All payments need to be done within the permitted time limit mentioned in the Agreement. All payments need to be done accordingly these Terms and Conditions. In case the Agreement lacks a time limit, payments need to be cleared within ten week days.
Payment at delivery is not accepted.
GSO is authorized to pass on price changes to the Buyer. In case of price changes GSO will notify the Buyer. The Buyer is authorized to dissolve the Agreement in case of price changes passed on by GSO, in the first five weekdays after notification. The Buyer can only notify GSO about the canceled Agreement by letter or e-mail.
In case The Buyer relocates or any changes in the billed address, need to be communicated to GSO well in front and in written fashion.
The Buyer is not permitted to acquit the obligation to fulfill the bill with other outstanding claims of GSO.
GSO is permitted to charge a monthly 1 % interest on late or not forthcoming payments, after the day payments are due. GSO is permitted to charge at a minimum of 15 % of the total bill of the Agreement in case of judicial of other costs involved with enforcing payments. The later does not influence the claim on The Buyer of real costs involved.
GSO is permitted to suspend or cancel shipment of the order in case of outstanding debt of The Buyer. Suspension or cancellation is possible until the Buyer fulfills all debts.
In case of not forthcoming or late payments or other not performed duties by The Buyer, this article does not affect the right for GSO to dissolve the Agreement, without stated defaults. GSO always maintains the right to reimburse all costs involved with the dissolution of the Agreement.
Art. 7 proprietary laws
GSO maintains the proprietary rights to all subjects of the Agreement, in case The Buyer has not fulfilled his duties to payments or otherwise, including claims involving deficiencies by this Buyer.
Art. 8 Warranties
All products in GSO include the warranties provided by the producers.
An original calculus is necessary to claim product warranties.
Claims based on corollary damages or otherwise business involved damages can not be addressed to GSO unless she is to blame for negligence or intentional blame. These damages include the result of inefficient use or defective commodities.
In case the website of GSO or the store is not available for placing orders, no claims can be addressed towards GSO.
The Buyer is responsible for his own choice of commodity, the use and in which way it is employed. GSO will deliver all reasonable user information, in regards to the Agreement1.
Art. 9 Shipments
All packages are delivered in discrete form and are usually delivered by regular mail, by TNT Post.
The term for delivery in the Netherlands en Belgium is ten weekdays, after payments are fulfilled.
GSO can bill the actual costs of shipment in case of discrepancy of the invoice, unless GSO is accountable due to negligence or intentional blame.
In case of absentness of The Buyer, the regular mail will leave a notification of where the order can be met.
All extra costs involved with shipment of the order will be mentioned separate on the bill, unless parties agreed differently.
GSO is not accountable for loss of shipment due to unfortunate events in the mail delivery.
GSO is not accountable for loss of purchase, or damage of shipment, due to the differences in international Shipment regulations2
Every order will be confirmed by e-mail, including a summary of the delivery. The status of the shipment can be followed through the web-page of "my account".
Art. 10 Grievance and resending shipment
In case the shipment is not in accordance with the Agreement, The Buyer needs to notify GSO in the first eight weekdays after the shipment is delivered. The Buyer can notify GSO by calling and stating the nature of the grievance. The notification needs to be confirmed in written fashion.
Failing to notify GSO in accordance with this article will cause The Buyer to lose all claims in regards to flawed shipments or incorrect billing.
The Buyer is obligated to follow instructions by GSO in matters regarding grievance or resending shipment.
The Buyer can resend shipment in case the order is not in accordance with the Agreement. Costs involved with resending shipment will be paid by GSO. The Buyer is obligated to resend shipment in prime condition. Resending a shipment must be accompanied by a letter stating the reason of the grievance.
In case a shipment is resend, GSO will make effort of fulfilling the Agreement. Fulfilling the Agreement can only be done within the limits of usual practice. GSO will return payments in case fulfillment can not be met. The return of payments will be cleared in case of damaged returned shipments.
Art. 11 Risks
Annulment, loss or theft of the order before the shipment is delivered is on account of GSO. After the shipment is delivered The Buyer is accountable for annulment, loss or theft. In case the shipment, or other ownerships of GSO, is occupied The Buyer is obligated to inform GSO immediately. GSO can claim all subjects of ownership at all times. Costs involved with mentioned claims will be imputed to The Buyer if reasonable. The Buyer is obligated to grant access in case GSO reclaims shipment or other subjects of ownership.
Art. 12 Applicable Law
Every Agreement, bid or special offer is subject to Dutch national law.
All dissensions involving the Agreement will be addressed to the Dutch judicial system.
All business activity needs to be in accordance with the restricted statutory field. The purpose of use of subjects of the Agreement is solely a responsibility of The Buyer.
Art. 13 Privacy Notice
Only the personal information necessary for shipment, billing and other duties of the Agreement will be demanded.
Personal information of the Buyer is necessary to fulfill shipment. In case questions arise about shipment information, GSO will verify the information in order to fulfill the Agreement.
The information in regards to The Buyers address is necessary for shipment of the order. After fulfillment of the Agreement only the information necessary for accounting will be kept. All other information will be annulled.
Third parties have no access to information about customers of GSO. The mailing list of GSO used in the mailings and quizzes, can be excluded by The Buyer. The Buyer needs to address the request of removing the information from the mailing list to GSO.
The Buyer can only influence the mailing list, by being added or removed.
Only regular e-mail is accessible to GSO, in case personal information is communicated. This e-mail can only be opened by staff of GSO.
The Buyer is permitted to inform about the stored information, as well as alter this stored information.
Art. 14 Disclaimers
The contents of this website and these Terms and Conditions are compiled with the utmost of care. Services and other content which are provided are without warranties of any kind, either express or implied. No claims can be directed to GSO following the use of this website or these Terms and Conditions. Also the use of hyperlinks cannot lead to claims directed to GSO. Nor can any form of damage by the use of the offered hyperlinks lead to claims directed to GSO.