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 11: Dispute resolution
Article 12: Replacement
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 Graaf Labs 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 Graaf Labs.
Goods: all goods and/or services to be sold and delivered by Graaf Labs to the customer on the basis of a contract.
Graaf Labs:
Graaf Labs BV
Bloeistraat 1
8570 Anzegem
Belgium
Party: Graaf Labs or the customer
Parties: Graaf Labs 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 Graaf Labs.
T&C’s: these present terms and conditions of sale and delivery of Graaf Labs
Article 2: Scope of Application
2.1 These T&C’s shall apply to all contracts concluded between Graaf Labs and the customer relating to the sale and delivery by Graaf Labs of any goods and/or services presented in the webshop of Graaf Labs (https://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 Graaf Labs to the customer.
Article 3: Conclusion of the Contract
3.1 Offers for goods presented in Graaf Labs webshop are without any obligation of Graaf Labs.
3.2 The customer may enter into a contract with Graaf Labs via the online order form and process integrated into Graaf Labs' webshop. This order process entails the following steps, to be carried out by the customer:
1. Placement of the selected goods and/or services in the virtual basket.
2. Passing through the ordering process by filling out all relevant data.
3. Approval of the purchase of the goods by clicking the (final) button and.
4. 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 Graaf Labs via Graaf Labs' 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 Graaf Labs on the basis of which Graaf Labs 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 Graaf Labs.
3.5 During the order process, the customer needs to download and accept the applicability of these T&Cs to the contract.
3.6 The contract is confirmed by an order confirmation of Graaf Labs (including these applicable T&C’s), which will be sent automatically at the moment the execution of the payment of the first installment of the Price has taken place.
3.7 As Graaf Labs offers on its webshop are without any obligation Graaf Labs 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 Graaf Labs rescinds a contract, Graaf Labs 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 Graaf Labs this far.
3.9 In case Graaf Labs rescinds a contract, Graaf Labs is under no other obligation than set forth in paragraph 3.8, and Graaf Labs can in no case be held liable for any damages and/or costs suffered and/or made by the customer in relation to the contract.
3.10 Graaf Labs' 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/she provides for the order processing is correct so that e-mails sent by Graaf Labs 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 Graaf Labs or by third parties commissioned by Graaf Labs with the order processing can be delivered.
Article 4: Right to Cancel
4.1 Customers, being consumers, are entitled to cancel a contract entered into with Graaf Labs 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 Graaf Labs' cancellation instructions.
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 If the customer cancels a contract, all costs incurred in relation to the shipment and/or transport of the goods will be for the customer’s account.
4.5 In case the customer cancels a contract, Graaf Labs 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 Graaf Labs this far. Graaf Labs is, in that case, entitled to deduct the costs and amount 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 Graaf Labs' webshop and accepted by the customer by clicking the (final) button as mentioned in article 3.2 sub (iv).
5.2 Transport, shipment, and similar costs are for the customer's account and risk. Graaf Labs will charge these costs to the customer together with the price.
5.3 In case of delivery of the goods to an address outside the European Union, additional costs may incur in individual cases for which Graaf Labs 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 Graaf Labs, 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 occur in one or more installments, to be chosen and/or selected by the customer on or via Graaf Labs' website.
5.5 For each payment of (a part of) the price (to be) made by the customer, Graaf Labs will issue a separate invoice. Each invoice will explicitly state 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 Graaf Labs' 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 payment is handled 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’). Graaf Labs will try its best to deliver the goods within the said delivery times.
6.2 When Graaf Labs might, for whatever reason, not be 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 refue 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 Graaf Labs order confirmation is decisive.
6.4 Should the assigned transport company return the goods to Graaf Labs, 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 Graaf Labs account.
6.5 The person who receives the goods at the delivery address will be deemed authorized by the customer for this purpose. If nobody is present at the address stated by the customer, Graaf Labs (or the transporting company) will be entitled to leave the goods behind at that 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 Graaf Labs will not make any advance deliveries of the goods (or parts thereof). If and to the extent Graaf Labs would make advance deliveries Graaf Labs retains full title of ownership of or in relation to the delivered goods until the price owed by the customer has been paid in full.
Article 8: Complaints
8.1 The customer has the obligation to inspect the goods during or directly after delivery to determine whether they comply with the contract and to inform Graaf Labs 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 Graaf Labs cannot be noticed at the time of delivery, the customer will inform Graaf Labs immediately in writing of any non-conformity as soon as he/she reasonably should (could) have noticed the non-conformity.
8.3 The customer's rights 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 the aforesaid period, the 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 Graaf Labs 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 Graaf Labs in no case will be liable for any damages resulting from any non-conformity of the goods.
Article 9: Warranty
9.1 For and in relation to the goods Graaf Labs will provide the customer with a warranty based on the following principles:
- Warranty period: two (2) years), starting at the date of delivery of the goods to the customer.
- content and conditions of warranty: according to the certificate of warranty to be issued to the customer at the delivery date
9.2 Any warranty issued by Graaf Labs to the customer is without prejudice to the provisions of article 8 above.
9.3 The customer can only exercise rights on or relating to this warranty. The customer is not entitled to transfer or pledge the rights wholly or partly to 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 who are consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
Article 11: Dispute resolution
11.1 Disputes between the parties related to or arising out of the (non) execution of the contract, these T&Cs, and all other legal relationships between the parties will be exclusively adjudicated by the court with competent jurisdiction in 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 Graaf Labs is always entitled to replace a null and void or voidable provision with another provision with a similar meaning and effect that is not null and void or voidable.
12.3 Insofar as Graaf Labs 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.
Instructions for cancellation & cancellation form
Customers being consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. Instructions for cancellation
Right to cancel
You have the right to cancel the contract within fourteen (14) days without giving any reason. This fourteen (14) days period starts at (the day after) the execution date of the payment of the first installment of the price for the goods purchased by the customer.
To exercise the right to cancel, you must inform us (Graaf Labs BV, Bloeistraat 1, 8570 Anzegem, Belgium , Email: supportoffice@gravaa.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail), mentioning, amongst others, the order number as stated on the order confirmation. You are requested to use the attached model cancellation form, which is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse you all payments received without undue delay and not later than fourteen (14) days after the day on which we are informed about your decision to cancel this contract. We are entitled to make a deduction from the reimbursement for the costs and fixed amount mentioned in articles 4.4 and 4.5 of our general terms and conditions of sale and delivery, as well as for loss in value of any goods supplied, if the loss is the result of unnecessary or negligent handling by you.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees due to the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods (if delivered by then) or hand them over to us without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of fourteen (14) days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods exclusion and/or premature expiration of the right to cancel.
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
General information
Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you no longer possess the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
Please do not return the goods freight forward.
B. Cancellation form
If you wish to cancel this contract, please complete and submit this form.
Graaf Labs BV
Bloeistraat 1
8570 Anzegem
Belgium
Email: info@gravaa.com
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)
/for the supply of the following service (*),
_______________________________________________________
_______________________________________________________
Order number ___________________________________________
Ordered on (*) ____________ / received on (*) _________________
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Name of consumer(s)
_______________________________________________________
Address of consumer(s)
_______________________________________________________
Signature of consumer(s) (only if this form is notified on paper)
_________________________
Date