Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings: Entrepreneur: the organisation that offers products and/or services remotely to consumers; Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur; Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement; Distance communication technique: a means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same place at the same time; Reflection period: the period within which the consumer can make use of his right of withdrawal; Right of withdrawal: the possibility for the consumer to cancel the distance contract within the reflection period; Model withdrawal form: the European Model Withdrawal Form included in Appendix 1 to these terms and conditions; Day: calendar day; Duration transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time; Durable medium: any instrument which enables the consumer of an entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

 

Article 2 - Identity of the entrepreneur

Gleamly

Bolstoen 32A

1046 AV Amsterdam

Info@Gleamly.nl

Availability: Monday to Friday from 9:00 AM to 5:30 PM info@Gleamly.nl
Chamber of Commerce number: 65130642
VAT identification number: NL004477574B72

 

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible at the consumer's request. If the distance contract is concluded electronically, in amendment to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always rely on the most complex general terms and conditions that are most functional for him.

 

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently comprehensive to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious errors in the offer will not be considered by the entrepreneur. Every offer contains certain information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This specifically concerns: the price including taxes; any delivery costs; the manner in which the agreement will be concluded and the actions required for this; the applicability or otherwise of the right of withdrawal; the method of payment, delivery, and performance of the agreement; the term for the offer, or the term for adhering to the price; the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic rate; if the agreement is archived after it is concluded, how the consumer can consult it; the way in which the consumer can become aware of actions that are undesirable to him before concluding the agreement, and the way in which he can rectify these before the agreement is concluded; the languages ​​in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has committed himself and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of an agreement leading to a long-term or periodic supply of products or services.

 

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set forth therein. If the consumer receives the offer electronically, the entrepreneur immediately receives the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer may terminate the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and important measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe sufficient and appropriate security measures. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are justified in choosing a decision of application or in imposing special conditions on the execution. The entrepreneur will include the following information with the product or service to the consumer, or in such a way that the consumer can store it in an accessible manner on a durable data carrier: a. the visiting address of the entrepreneur's establishment where the consumer can submit complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the lack of clarity of the right of withdrawal; c. information about existing after-sales service and guarantees; d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. If the entrepreneur has committed to supplying a series of products or services, the conclusion in the previous paragraph only applies to the first delivery.

 

Article 6 - Right of withdrawal upon delivery of products

When purchasing products, the consumer has the right to cancel the agreement within 14 days without giving reasons. This period commences on the day after the consumer receives the product. During this period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. The basic principle is that the consumer may only use and inspect the product as they would in a store. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the instructions provided by the entrepreneur.

 

Article 7 – Exercise of the right of withdrawal by the consumer and costs thereof

 

If the consumer exercises their Right of Withdrawal, they must notify the entrepreneur within the cooling-off period by sending the Model Withdrawal Form (Appendix 1) or in another unambiguous manner. The consumer must return the product, including all accessories, within 14 days of cancellation. The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lie with the consumer.

If the consumer exercises their right of withdrawal, they will be responsible for the highest ten return shipping costs. If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return of the item.

The consumer is only liable for any diminished value of the product resulting from use beyond what is necessary to assess the nature, characteristics, and functioning of the product. The basic principle is that the consumer may only use and inspect the product as they would be allowed to do in a shop.

 

Article 8 – Obligations of the entrepreneur in case of withdrawal

If the consumer reports within 14 days of receiving the products that they wish to exercise their right of withdrawal, the entrepreneur will reimburse all payments made by the consumer within 14 days of receiving the notification. The entrepreneur will use the same payment method used by the consumer for the refund, unless the consumer agrees to a different payment method. The refund is free of charge for the consumer. If the consumer opted for a more expensive delivery method than the usual standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

 

Article 9 - Exclusion of the right of withdrawal

 

If the consumer does not have a right of withdrawal, this can only be resolved by the entrepreneur if the entrepreneur has clearly stated this in the offer, temporarily before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur according to the consumer's suitable specifications; b. that are personal in nature; c. that cannot be returned due to their nature; d. that can spoil or become obsolete quickly; e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, catering or leisure activities on a specific date or during a specific period; b. the delivery of which has begun with the consumer's express consent before the cooling-off period has expired; c. concerning betting and lotteries.

 

Article 10 - The price

During the variable validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. When specifying the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that component prices are target prices are stated in the offer. Price increases within three months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions. Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. this is the result of statutory regulations or provisions; b. the consumer has the authority to terminate the agreement with effect from the date on which the price increase takes effect. Prices for products or services listed in the offer include VAT.

 

Article 11 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the functional specifications in the offer, the sufficient requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement is concluded. A guarantee scheme offered by the entrepreneur, manufacturer, or importer does not affect the rights and remedies of the consumer in connection with a failure to fulfill the entrepreneur's obligations. If the entrepreneur subsequently sues, the entrepreneur may recover damages based on the legal and/or distance contract.

 

Article 12 - Delivery and execution

The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services. If the place of delivery corresponds to the address provided by the consumer to the company, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless a fixed delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive notification of this no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The replacement item will be notified, in a surprising and timely manner, no later than upon delivery. The right of withdrawal does not apply to replacement items. The return shipping costs are borne by the entrepreneur. The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer, unless otherwise agreed.

 

Article 13 - Long-term transactions

The consumer can cancel an agreement entered into for an indefinite period at any time, subject to reasonable cancellation rules and a notice period of ten to a maximum of one month. A fixed-term agreement has a continuous term of up to two years. If it has been agreed that the distance contract will be extended in the event of the consumer's silence, the agreement will continue as an indefinite-term agreement, and the notice period after the extension will be a maximum of one month.

 

Article 14 - Payment

The product must be paid in advance by credit card, iDEAL, Via, Maestro, American Express, PayPal, Apple Pay, or bank transfer. The consumer is obligated to immediately report any interim payments to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the consumer automated, reductive costs in advance.

 

Article 15 - Complaints procedure

The entrepreneur has a sufficiently suitable complaints procedure and has resolved the complaint within this procedure. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has notified the entrepreneur of the shortcomings. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved in consultation, a solution that is subject to the dispute resolution procedure will be chosen.

 

Article 16 – Disputes

Purchase agreements concluded between the consumer and the entrepreneur to which these general terms and conditions apply are governed exclusively by Dutch law. If the complaint cannot be resolved through mutual consultation, the Dutch court, or the competent court in the district where the consumer resides, will have the final say.

 

Article 17 Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in a manner that can be stored by the consumer in an accessible manner on a durable data carrier.

 

Article 18 - Amendment of the general terms and conditions

Changes to these terms and conditions will only be effective after they have been published in an appropriate manner, with the understanding that, in the case of complex changes during the period of an offer, the most misleading consumer will prevail. Gleamly cannot accept any liability for the consequences of typographical, printing, and/or programming errors.

Appendix 1: Model withdrawal form

Model withdrawal form
(only complete and return this form if you wish to cancel the agreement)

At: 

Gleamly

Bolstoen 32A

1046 AV Amsterdam

Info@Gleamly.nl

Chamber of Commerce number: 65130642

 

- I hereby inform you that I revoke our agreement concerning the sale of the following products: [product designation/order number]*.

- Ordered on*/received on* [date of receipt for products]

- [Consumer Name]

- [Consumer's address]

- [Consumer Signature] (only when this form is submitted on paper)

* Cross out that which does not apply or make mandatory that which applies.