General terms and conditions
General terms and conditions
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of revocation
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these general terms and conditions the following terms are understood to mean:
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: Calendar;
Duration transaction: A distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Durable medium: Any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The option for the consumer to cancel the distance contract within the cooling-off period;
Model form: The model withdrawal form that the trader provides to the consumer in order to exercise his right of withdrawal.
Entrepreneur: The natural or legal person who offers products and/or services remotely and offers consumer services;
Distance contract: An agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;
Distance communication technology: A means by which an agreement can be concluded without the consumer and the entrepreneur being in the same place at the same time.
General terms and conditions: These general terms and conditions of the entrepreneur. Article 2 – Identity of the entrepreneur
globalsourcechemicals.com
Telefoonnummer: +31620245658
E-mailadres: info@globalsourcechemicals.com
Chamber of Commerce: 89632850
VAT identification number: NL865047741B01
If the entrepreneur's activity is subject to a relevant licensing system: the
Data from the supervisory authority:
If the entrepreneur practices a regulated profession:
The professional association or organization to which he is affiliated;
The job title, the location in the EU or European Economic Area where it was granted;
A reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders 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 where the general terms and conditions can be viewed at the company and that they will be sent to the consumer free of charge as soon as possible.
If the distance contract is concluded electronically, notwithstanding 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 and easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed 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.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them. If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or annulled, the Agreement and these Terms and Conditions shall otherwise remain in force, and the provision in question shall be replaced immediately by mutual agreement with a provision that most closely reflects the intent of the original.
Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguities regarding the interpretation or content of various provisions of our terms and conditions should be interpreted in accordance with the spirit of these terms and conditions.
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 is free of charge. The entrepreneur reserves the right to modify the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Any images, specifications, or data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Product images are a true representation of the products offered. The company cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This includes:
The price including taxes;
Any shipping costs;
The manner in which the agreement will be concluded and the actions required for this;
Whether or not the right of withdrawal applies;
The method of payment, delivery and execution of the agreement;
The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
The amount of the costs for distance communication if the costs for using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
Whether the agreement is archived after it has been concluded, and if so, how the consumer can consult it;
The manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if necessary, correct it;
Any other languages in which, in addition to Dutch, the agreement may be concluded;
The codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
The minimum duration of the distance contract in the event of a long-term transaction.
Optional: Available sizes, colors, material types.
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 has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the 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 contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about warranties and existing after-sales service;
The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer for the purpose of executing the agreement;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a credit on account, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the condition precedent of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
Article 7 – Costs in case of revocation
If the consumer exercises his right of withdrawal, the costs of return will be at his expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been returned to the online retailer or that conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer explicitly consents to a refund. Various payment methods are available.
In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
The consumer is not liable for any diminished value of the product if the trader has not provided all legally required information about the right of withdrawal. This must be done before concluding the purchase agreement.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
which have been created by the supplier in accordance with the consumer's specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or become outdated quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
For audio and video recordings and computer software where the consumer has broken the seal.
For hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
Regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
The delivery of which has been expressly agreed upon by the consumer before the cooling-off period has expired;
Regarding betting and lotteries.
Article 9 – The price
During the validity period stated 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.
Notwithstanding 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 any stated prices are target prices will be 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 agreed to them and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement with effect from the date on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. We accept no liability for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated with care or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
The nullity is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 – 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. The place of delivery is the address the consumer has provided to the company.
If the consumer agrees to a longer delivery period, the company will fulfill accepted orders expeditiously, but no later than within 30 days. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. These times cannot be deducted from the consumer's payment. Exceeding a delivery time does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. Upon delivery, the delivery will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipping are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination and extension
Termination
The consumer may at any time terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may, in the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or during a specific period;
at least cancel them in the same manner as they were entered into by him;
You can always cancel with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of exception to the previous paragraph, an agreement concluded for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension period with a notice period of up to one month.
A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement concerns the regular, but less than monthly, delivery of daily newspapers, weekly newspapers, and magazines. A fixed-term agreement for the regular, introductory delivery of daily newspapers, weekly newspapers, and magazines (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer receives confirmation of the agreement.
The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
If the consumer defaults on payment, the entrepreneur reserves the right, subject to legal restrictions, to deny the consumer their right to compensation. Reasonable costs will be stated in advance.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, a response will be provided within 14 days with a confirmation of receipt and an indication of when the complaint will be answered. What the consumer can expect. A more detailed response
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Bij klachten dient een consument zich allereerst te wenden tot de ondernemer. Indien de webwinkel is aangesloten bij Stichting WebwinkelKeur en klachten niet in onderling overleg kunnen worden opgelost, dient de consument zich te wenden tot Stichting WebwinkelKeur (webwinkelkeur.nl), deze zal gratis bemiddelen. Controleer of deze webwinkel een lopend lidmaatschap heeft via https://www.webwinkelkeur.nl/ledenlijst/. Mocht er dan nog niet tot een oplossing gekomen worden, dan heeft de consument de mogelijkheid om zijn klacht te laten behandelen door de door Stichting WebwinkelKeur aangestelde onafhankelijke geschillencommissie. De uitspraak is bindend en zowel ondernemer als consument stemmen in met deze bindende uitspraak. Aan het voorleggen van een geschil aan deze geschillencommissie zijn kosten verbonden die door de consument betaald dienen te worden aan de betreffende commissie. Het is ook mogelijk om klachten aan te melden via het Europees ODR-platform
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the seller, the seller will, at his discretion, replace or repair the delivered goods or return the delivered goods.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – 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 such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.