General terms and conditions

Table of Contents

Article 1: Definitions
Article 2: Scope of application
Article 3: Conclusion of the Contract
Article 4: Right to cancel
Article 5: Prices and payment
Article 6: Transport and delivery
Article 7: Proprietary rights
Article 8: Warranty
Article 9: Applicable Law
Article 10: Disputes

Article 1: Definitions

In these T&C’s the following definitions are used:

• Contract: the contract entered into by the Parties on the basis whereof GRAVAA sells and delivers Goods to the Customer and the Customer buys and pays for such Goods
• Customer: a consumer or trader, i.e. professional party buying Goods from GRAVAA
• Goods: all goods and/or services to be sold and delivered by GRAVAA to the Customer on the basis of a Contract
• GRAVAA: GRAVAA BV, seated in Eindhoven, the Netherlands
• Party: GRAVAA or the Customer
• Parties: GRAVAA and the Customer
• Price: the price to be paid for by the Customer on the basis of the Contract for the Goods (to be) delivered by GRAVAA
• T&C’s: these present terms and conditions of sale and delivery of GRAVAA

Article 2: Scope of Application

2.1 These T&C’s shall apply to all Contracts concluded between GRAVAA and the Customer relating to the sale and delivery by GRAVAA of any goods and/or services presented in the webshop of GRAVAA (https://www.gravaa.com/).

2.2 Any terms and/or conditions of purchase used by or referred to by the Customer are not applicable to any Contract, i.e. any sale and/or delivery of Goods by GRAVAA to the Customer.

Article 3: Conclusion of the Contract

3.1 Offers for Goods presented in GRAVAA’s webshop are without any obligation of GRAVAA.

3.2 The Customer may enter into a Contract with GRAVAA via the online order form and process integrated into GRAVAA’s webshop. This order process entails the following steps, to be carried out by the Customer:

(i) placement of the selected goods and/or services in the virtual basket,

(ii) passing through the ordering process by filling out all relevant data,

(iii) approval of the purchase of the Goods by clicking the (final) button, and

(iv) execution of the payment of the Price (or a first installment thereof) for the Goods purchased by the Customer.

3.3 During the order process the Customer can correct all relevant data via the usual keyboard and mouse function prior to entering into a Contract with GRAVAA via GRAVAA’s online order form.

3.4 By and at the moment of execution of the payment set out in paragraph 3.2 sub (iv) the Customer enters into a Contract with GRAVAA on the basis of which GRAVAA sells and accepts the obligation to deliver the (ordered) Goods to the Customer and the Customer buys and accepts the obligation to pay the Price to GRAVAA.

3.5 In or during the order process the Customer needs to download and accept the applicability of these T&C’s in relation to the Contract.

3.6 The Contract is confirmed by an order confirmation of GRAVAA, which will be sent automatically at the moment the execution of the payment of the Price (or a first installment thereof) has taken place.

3.7 As GRAVAA’S offers on its webshop are without any obligation GRAVAA is entitled to revoke any Contract within three (3) weeks after the date of sending the automatic confirmation as mentioned in paragraph 3.6 above, by sending an email to the Customer with that purpose.

3.8 In case of revocation of a Contract by GRAVAA, GRAVAA will send the Customer a credit invoice and reimburse the payment of the Price or the first installment thereof – as the case may be – made by the Customer and received by GRAVAA till thus far.

3.9 In case of revocation of a Contract by GRAVAA, GRAVAA is under no other obligation than set forth in paragraph 3.8 and GRAVAA in no case can be hold liable for any damages and/or costs suffered and/or made by the Customer in relation to the Contract.

3.10 GRAVAA’s webshop, the online order form, these T&C’s and the Contract are set in the English language. All correspondence between the Parties will also be in the English language.

3.11 Order processing and contacting solely takes place via e-mail and automated order processing. It is the Customer’s sole responsibility to ensure that the e-mail address he provides for the order processing is correct so that e-mails sent by GRAVAA can and will be received at this address. Particularly, it is the Customer`s responsibility, if spam filters, firewalls and/or other protection measures are used, to ensure that all e-mails sent by GRAVAA or by third parties commissioned by GRAVAA with the order processing can be delivered.

Article 4: Right to Cancel

4.1 Customers being consumers are entitled to the right to cancel a Contract entered into with GRAVAA within fourteen (14) days after the date of execution of the payment (of the first installment) of the Price for the Goods purchased by the Customer.

4.2 Detailed information about the right to cancel are provided in GRAVAA’s instruction on cancellation, which instruction is part of and attached to these T&C’s.

4.3 Customers being traders are not entitled to cancel a Contract, except if and insofar such right exists on the basis of applicable law.

4.4 In case of cancellation of a Contract by the Customer all costs made in relation to the shipment and/or transport of the Goods will be for the Customer’s account.

4.5 In case of cancellation of a Contract by the Customer GRAVAA will send the Customer a credit invoice and reimburse the payment (of the first installment) of the Price made by the Customer and received by GRAVAA till thus far. GRAVAA is in that case entitled to deduct the costs and amount as mentioned in the previous paragraph from the amount to be paid back to the Customer.

Article 5: Prices and Payment

5.1 The Price to be paid by the Customer is shown on GRAVAA’s webshop and accepted by the Customer by clicking the (final) button as mentioned in article 3.2 sub (iii).

5.2 Costs for transport, shipment and the like are for the account and risk of the Customer. These costs will be charged to the Customer by GRAVAA, together with the Price.

5.3 In case of delivery of Goods to an address outside the European Union, additional costs may incur in individual cases for which GRAVAA is not responsible and which are for the account of and have to be borne by the Customer. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, for the Customer’s account, if delivery is not made in a country outside the European Union and the Customer carries out the payment from a country outside the European Union. If and insofar additional costs as mentioned here are charged to GRAVAA, the latter will charge these to the Customer, together with the Price.

5.4 Payment of the Price (and the costs mentioned in paragraphs 5.2 and 5.3) may take place in one or more installments, to be chosen and/or selected by the Customer on or via GRAVAA’s website.

5.5 For each payment of (a part of) the Price (to be) made by the Customer GRAVAA will issue a separate invoice to the Customer. Each invoice will make explicit the applicable VAT owed by the Customer.

5.6 Payment of (parts of) the Price will take place ultimately at the date(s) set forth in the Contract, i.e. the order confirmation as mentioned in article 3.6.

5.7 Payment can be made by using one of the methods mentioned in GRAVAA’s webshop.

5.8 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the Contract.

5.9 When choosing one of the payment methods offered by “PayPal” , the handling of payments is done via the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449, subject to the conditions of use which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or, in case the Customer does not have a PayPal account, subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

Article 6: Transport and delivery

6.1 Any delivery times mentioned in the Contract, i.e. the order confirmation mentioned in article 3.6, are solely indicative and in no case final deadlines (‘fatal’). GRAVAA will make its best efforts to deliver the Goods within the said delivery times.

6.2 When GRAVAA, for whatever reason, is not able to deliver the Goods within the delivery times as meant in paragraph 6.1 such will not have any consequences and will not give the Customer the right to cancel the Contract, to postpone any of its payment obligations, to refuse a later delivery of the Goods and/or to claim for compensation of any damages suffered and/or costs made as a consequence of a (potential) later delivery.

6.3 Goods are delivered to the delivery address indicated by the Customer in the online order form and confirmed in the Contract, i.e. the order confirmation as meant in article 3.6. The delivery address indicated in GRAVAA’s order confirmation is decisive, unless the Customer informs GRAVAA in writing and timely, this means ultimately two weeks before the estimated time of delivery, of another delivery address.

6.4 Should the assigned transport company return the goods to GRAVAA, because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances for GRAVAA’s account.

6.5 The person who takes receipt of the Goods at the delivery address will be deemed to have been authorized by the Customer for this purpose. If nobody is present at the address stated by the Customer, GRAVAA (or the transporting company) will be entitled to leave the Goods behind at that delivery address, in which case the Goods will be deemed to have been taken receipt of by, or as the case may be delivered (supplied) to, the Customer.

6.6 Personal collection of the Goods is not possible for logistical reasons.

Article 7: Proprietary Rights

7.1 Unless agreed upon otherwise GRAVAA will not make any advance deliveries of the Goods (or parts thereof). If and to the extent GRAVAA would make advance deliveries GRAVAA retains full title of ownership of or in relation to the delivered Goods until the Price owed by the Customer has been paid fully.

Article 8: Complaints

8.1 The Customer has the obligation to inspect during or direct after delivery of the Goods whether the Goods delivered comply with the Contract and to inform GRAVAA immediately in writing of any non-conformity of and/or damages to the Goods.

8.2 In the event that any non-conformity of the Goods delivered by GRAVAA cannot be noticed at the time of delivery, the Customer will inform GRAVAA immediately in writing of any non-conformity as soon as he reasonably should (could) have noticed the non-conformity.

8.3 The rights of the Customer to commence legal action or put forward a defense, based on (any) non-conformity of the delivered Goods, will lapse in any event by the expiry of the warranty period mentioned in article 9 hereafter. After the expiry of aforesaid period client will be deemed to have waived any rights related to this.

8.4 If the delivered Goods do not comply with the Contract and/or are damaged during transport GRAVAA can only be obliged, at its own discretion, to delivery of the absent (part of the) Goods, repair of the delivered Goods (or parts thereof) or replacement of the delivered Goods by complete or partly re-delivery thereof.

8.5 Without prejudice to the provision of paragraph 8.4 GRAVAA in no case will be liable for any damages being a result of the use of and/or any non-conformity of the Goods.

 Article 9: Warranty

9.1 For and in relation to the Goods GRAVAA will provide the Customer with a warranty based on the following principles:

(i) warranty period: two (2) years), starting at the date of delivery of the Goods to the Customer. The warranty period however expires earlier – i.e. before the two years period has lapsed – if and when 15.000 kilometers have been ridden with the relevant Goods;

(ii) content and conditions of warranty: according to the certificate of warranty to be issued to the Customer at the date of delivery.

9.2 Any warranty issued by GRAVAA to the Customer is without prejudice to the provisions of article 8 above.

9.3 Rights on or relating to this warranty can only be exercised by the Customer. The Customer is not entitled to transfer or pledge the rights wholly or partly to or in favour of any third party.

 

Article 10: Applicable Law

10.1 The law of The Netherlands shall apply to the Contract, these T&C’s and all other legal relationships between the Parties, such under exclusion of the laws, i.e. Vienna treaty governing the international purchase of movable goods.

10.2 For Customers being consumers, this choice of law is without prejudice to any mandatory provisions of the law of the country, in which the consumer has his habitual residence, which provisions cannot be excluded or set aside.

Article 11: Dispute resolution

11.1 Disputes between the Parties related to or being a consequence of the (non) execution of to the Contract, these T&C’s and all other legal relationships between the Parties will be exclusively adjudicated by the court with competent jurisdiction in ‘s-Hertogenbosch, The Netherlands.

11.2 The provision above leaves unaltered that the Parties will in all cases try to settle their disputes amicably or out-of-court, if and to the extent possible. Customers, being consumers, in this regard may revert any dispute to the Online Dispute Resolution (ODR) platform: http://ec.europa.eu/consumers/odr.

 Article 12: Replacement

12.1 If one or more provisions of these T&C’s might be null and void or voidable, all other provisions of these general terms and conditions will remain in full effect.

12.2 GRAVAA will always be entitled to replace a null and void or voidable provision with another provision with a similar meaning and effect, which will not be null and void or voidable.

12.3 Insofar as GRAVAA will not make use of the entitlement included in the second subclause, such a null and void or voidable provision will be given – with regard to the contents and meaning – a meaning that as closely as possible corresponds thereto, so that reliance can be made thereon.