Terms and Conditions of Graviola Shop, located in Bussum Version valid from February 5, 2023
- General
1.1 These general terms and conditions apply to all offers from Graviola Shop. The conditions are accessible to everyone and included on Graviola Shop’s website. A written copy can be sent upon request.
1.2 By placing an order, you indicate your agreement with the delivery and payment conditions. Graviola Shop reserves the right to change its delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Graviola Shop.
1.4 Graviola Shop guarantees that the delivered product complies with the agreement and meets the specifications mentioned in the offer.
- Delivery
2.1 Delivery takes place while stocks last.
2.2 In accordance with the rules of distance selling, Graviola Shop will execute orders at least within 30 days. If this is not possible (because the ordered is not in stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially, the consumer will receive a notification within 1 month after placing the order and in that case, has the right to cancel the order without any charges and notice of default.
2.3 The obligation of Graviola Shop to deliver will, barring proof to the contrary, be fulfilled once the goods delivered by Graviola Shop have been offered once to the buyer. For home delivery, the carrier’s report, including the refusal of acceptance, will serve as full proof of the offer to deliver.
2.4 All deadlines mentioned on the website are indicative. Therefore, no rights can be derived from the mentioned periods.
- Prices
3.1 Prices will not be increased within the validity period of the offer, unless legal actions make this necessary or if the manufacturer implements interim price increases. 3.2 All prices on the site are subject to typos and errors. No liability is accepted for the consequences of such errors.
3.3 All prices on the site are in Euros and include 21% VAT.
- Right of Withdrawal/Return period
4.1 If there is a consumer purchase, according to the Distance Selling Act (article 7:5 BW), the buyer has the right to return (part of) the goods within a period of 14 working days without giving any reason. This period begins when the ordered items are delivered. If the buyer has not returned the delivered goods to Graviola Shop after this period, the purchase is a fact. The buyer is required, before proceeding to return, to notify Graviola Shop in writing within everyone and included on Graviola Shop’s website. Upon request, we will send you a written copy.
1.2 By placing an order, you indicate that you agree with the delivery and payment conditions. Graviola Shop reserves the right to change its delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, Graviola Shop does not recognize the general or specific conditions or stipulations of third parties.
1.4 Graviola Shop guarantees that the delivered product meets the agreement and complies with the specifications mentioned in the offer.
- Delivery
2.1 Delivery occurs while stock lasts.
2.2 In accordance with the rules of distance selling, Graviola Shop will execute orders at least within 30 days. If this is not possible (because the ordered is not in stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially executed, then the consumer will be notified within 1 month after placing the order and in that case, he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of Graviola Shop will be satisfied, barring evidence to the contrary, once the goods delivered by Graviola Shop have been offered to the buyer once. For home delivery, the report by the transporter, stating the refusal of acceptance, will serve as full proof of the offer to deliver.
2.4 All deadlines on the website are indicative. Therefore, no rights can be derived from the mentioned periods.
- Prices
3.1 Prices will not be increased within the validity period of the offer, unless legal actions necessitate this or the manufacturer enforces interim price increases. 3.2 All prices on the site are subject to print and typographical errors. No liability is accepted for the consequences of print and typographical errors.
3.3 All prices on the site are in Euros and include 21% VAT.
- Right of withdrawal/return period
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (article 7:5 BW), the buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period begins when the ordered goods are delivered. If the buyer has not returned the delivered goods to Graviola Shop after this period, the purchase is a fact. The buyer is required, before proceeding to return, to report this within the period of 14 working days after delivery in writing to Graviola Shop. The buyer must prove that the delivered goods were returned on time, for example through a proof of postal delivery. Return of the goods must be done in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the buyer, encumbered or damaged in any way, the right to terminate in the sense of this paragraph is lost. Subject to what is stipulated in the preceding sentence, Graviola Shop shall ensure that within 30 days after good receipt of the return shipment, the full purchase amount including the calculated shipping costs is refunded to the buyer. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right to dissolution, as described in the preceding paragraph, is limited to the delivered goods and will under no circumstances relate to services, such as telephone subscriptions of the (mobile) network operators offered by Graviola Shop. For such services, the terms and conditions of the respective network operators apply.
4.3 The right of withdrawal does not apply to: services whose performance, with the consent of the consumer, has begun before the end of the seven working days; goods or services whose price is dependent on fluctuations in the financial market, over which the supplier has no influence; goods made according to the consumer’s specifications, such as custom-made items, or that have a clearly personal character; for goods or services that cannot be returned due to their nature, for example due to hygiene or that can spoil or age quickly; audio and video recordings and computer software of which the consumer has broken the seal; delivery of newspapers and magazines; for services of betting and lotteries
- Data management
5.1 If you place an order with Graviola Shop, your data will be included in Graviola Shop’s customer database. Graviola Shop adheres to the Data Protection Act and will not provide your data to third parties. See our Privacy Policy.
5.2 Graviola Shop respects the privacy of the users of its website and ensures confidentiality of your personal data.
5.3 Graviola Shop sometimes makes use of a mailing list. Each mailing includes instructions on how to remove yourself from this list.
- Warranty and conformity
6.1 The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date the contract was concluded.
6.2 Any arrangements offered by the entrepreneur, manufacturer, or importer as a guarantee do not affect the rights and claims that the consumer can assert against the entrepreneur in the event of a failure to fulfill the obligations of the entrepreneur under the law and/or the distance contract.
6.3 The buyer is obliged to inspect the delivered goods at the moment of delivery, but in any case within the shortest possible term. If it appears that the delivered good is wrong, inadequate or incomplete, then the buyer (before proceeding to return to Graviola Shop) must report these defects immediately in writing to Graviola Shop. Any defects or wrongly delivered goods should be reported in writing to Graviola Shop within 2 months after delivery at the latest. Return of the goods must be made in the original packaging (including accessories and accompanying documentation) and in new condition. Use after detection of failure, damage occurring after detection of failure, encumbrance and/or resale after detection of failure, voids the right to claim and return.
6.4 If complaints of the buyer are found justified by Graviola Shop, Graviola Shop will at its option either replace the delivered goods free of charge or make a written arrangement with the buyer about the compensation, on the understanding that the liability of Graviola Shop and therefore the amount of compensation is always limited to at most the invoice amount of the relevant goods, or (at the choice of Graviola Shop) to the maximum in the particular case by the liability insurance of Graviola Shop covered amount. Any liability of Graviola Shop for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profit.
6.5 Graviola Shop is not liable for damage caused by intent or equivalent recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) as long as the buyer is in default towards Graviola Shop; B) the buyer has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties; C) the delivered goods have been exposed to abnormal conditions or otherwise have been handled carelessly or contrary to the instructions of Graviola Shop and/or on the packaging; D) the inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used;
- Offers
7.1 Offers are non-binding, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Graviola Shop reserves the right to revoke or deviate from the offer within 3 working days after receiving such acceptance.
7.3 Verbal promises only bind Graviola Shop after they have been explicitly confirmed in writing.
7.4 Offers from Graviola Shop do not automatically apply to reorders.
7.5 Graviola Shop cannot be held to its offer if the buyer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, changes, and/or further agreements are only valid if agreed in writing.
- Agreement
8.1 An agreement between Graviola Shop and a customer is established after an order assignment by Graviola Shop is assessed for feasibility.
8.2 Graviola Shop reserves the right to refuse orders or assignments without stating reasons, or to accept them only on the condition that the shipment occurs after payment in advance or cash on delivery.
- Images and specifications
9.1 All images; photos, drawings, etc.; data regarding weights, dimensions, colors, images of labels, etc. on the Graviola Shop website are only approximate, are indicative and cannot be a cause for compensation or dissolution of the contract.
- Force Majeure
10.1 Graviola Shop is not liable if and insofar as its commitments cannot be fulfilled due to force majeure.
10.2 Force majeure is understood to be any strange cause, as well as any circumstance, which ought not to be for its risk. Delays at or failure to perform by our suppliers, Internet failures, electricity failures, email traffic failures, and failures or changes in technology supplied by third parties, transportation difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of Graviola Shop as well as from individuals, sickness of personnel, defects in appliance or shipment tools count explicitly as force majeure.
10.3 Graviola Shop reserves the right to suspend its obligations in the event of force majeure and is also entitled to terminate the contract in whole or in part, or to demand that the content of the agreement is amended so that execution remains possible. Under no circumstances is Graviola Shop obliged to pay any penalty or damages.
10.4 If Graviola Shop has already partially fulfilled its obligations, or can only partially fulfill its obligations at the time of the onset of force majeure, it is entitled to invoice the already delivered or deliverable part separately and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
- Liability
11.1 Graviola Shop is not liable for damage to vehicles or other objects caused by incorrect use of the products. Read the instructions on the packaging and/or consult our website before use.
- Retention of title
12.1 Ownership of all goods sold and delivered to the buyer by Graviola Shop remains with Graviola Shop as long as the buyer has not paid the claims of Graviola Shop under the agreement or previous or subsequent similar agreements, as long as the buyer has not paid the performed or to be performed works under these or similar agreements and as long as the buyer has not paid the claims of Graviola Shop for failing to fulfill such commitments, including claims in respect of penalties, interest, and costs, all as indicated in article 3:92 BW.
12.2 Goods delivered by Graviola Shop which are subject to retention of title may only be resold in the course of normal business operations and may never be used as a payment.
12.3 The buyer is not authorized to pledge or in any other way encumber the goods subject to retention of title.
12.4 The buyer hereby unconditionally and irrevocably permits Graviola Shop or a third party to be appointed by Graviola Shop, to enter all those places where its properties are located and to take those goods back.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights on them, the buyer is obliged to inform Graviola Shop as soon as can reasonably be expected.
12.6 The buyer commits to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at first request of Graviola Shop.
- Applicable law/jurisdiction
13.1 All agreements are subject to Dutch law.
13.2 In the event of disputes arising from an agreement between Graviola Shop and the buyer, which cannot be resolved by mutual agreement, the competent court within the district of Haarlem will take cognizance, unless Graviola Shop prefers to submit the difference to the competent court of the buyer’s place of residence, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court judge.
