General Terms and Conditions
Article 1. Applicability
1.1 All offers, orders and agreements of GotYa are subject to these General Terms and Conditions.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.
1.3 The stipulations of these Terms and Conditions can only be deviated from in writing, in which case the other provisions remain in full force.
1.all rights and claims stipulated in these Terms and Conditions and in any further agreements for GotYa's benefit are likewise stipulated for the benefit of intermediaries and other third parties engaged by GotYa.
2.1 All offers of GotYa are without obligation and GotYa expressly reserves the right to change the prices, in particular when this is necessary on the basis of statutory or other requirements. See also article 3.6.
2.2 An agreement is concluded only after GotYa has accepted your order. GotYa has the right to refuse orders or to attach certain conditions to the delivery, unless expressly stipulated otherwise. If an order is not accepted, GotYa shall communicate this within 7 days of receiving the order.
Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in euros, including VAT and excluding shipping costs, any taxes or other levies, unless stated otherwise or agreed upon in writing.
3.2 Payment must be made in advance without discount or compensation for deliveries within the Netherlands, and in advance for deliveries outside the Netherlands, unless otherwise agreed in writing.
3.3 Payment can be made prior to delivery by means of IDEAL and by bank transfer. GotYa shall only proceed to dispatch your order if your payment has been received in good order.
3.4 If you default on any payment, GotYa has the right to suspend or dissolve (the execution of) the agreement concerned and any related agreements
Article 4 Delivery
4.1 The delivery times stated by GotYa are indicative only. Exceeding a delivery time does not entitle you to claim compensation or the right to cancel your order or dissolve the agreement, unless the delivery time is exceeded to such an extent that you cannot reasonably be required to leave the agreement intact. You are in that case entitled to cancel the order or to dissolve the agreement as far as necessary.
4.2 The delivery of the products will take place at the place and time at which the products are ready for shipment to you.
Article 5. Retention of title
5.1 Ownership of the products delivered is not transferred until you have paid all amounts owed to GotYa pursuant to any agreement. The risk in respect of the products is transferred to you at the time of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights vested in the products delivered by GotYa.
6.2 GotYa does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints, liability and right of withdrawal
7.1 You have the obligation to examine whether the products meet the agreement upon delivery. If this is not the case, you must notify GotYa of this as soon as possible and in any event within 7 days of delivery, or after detection was reasonably possible, in writing/email and stating reasons.
7.2 If it has been demonstrated that the products do not comply with the agreement, GotYa has the option of replacing the products in question with new products upon return or refunding the invoice value thereof.
7.3 When purchasing products, you have the option of dissolving the agreement without stating reasons during a period of 7 days. This period starts the day after you received the product. During this period you will treat the product and its packaging with care. You will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If you exercise the right of withdrawal, you must return the product with all accessories supplied and - in the original condition and packaging and unworn to GotYa within 7 days.
Article 8. Guarantee
8.1 If Gotya delivers products to the buyer, GotYa is never obliged to provide a further guarantee in relation to the buyer than GotYa can claim in relation to its supplier.
Complaints on account of externally visible defects must be submitted in writing by the client in accordance with the contract conditions, but at the latest within 7 days of receipt of the goods. Complaints received by GotYa after the expiry of this period do not have to be processed by GotYa.
Article 9. Orders/Communications
9.gotYa is not liable for any misunderstandings, damage, delays or improper transmission of orders and communications ensuing from the use of the internet or any other means of communication in the traffic between you and GotYa or between GotYa and third parties, insofar as these relate to the relationship between you and GotYa. Complaints can be directed to our customer service by sending an email to email@example.com
Article 10. Force majeure
10.1 Without prejudice to its other rights, GotYa has the right, in the event of force majeure, to suspend the execution of your order, at its discretion, or to dissolve the agreement without judicial intervention, by notifying you of this in writing and without GotYa being obliged to pay any compensation, unless this would be unacceptable according to standards of reasonableness and fairness in the given circumstances.
10.2 Force majeure is understood to mean any shortcoming that cannot be attributed to GotYa, because it cannot be blamed on GotYa and is not at its expense by virtue of the law, legal acts or generally accepted practice.
Article 11. Miscellaneous
11.if you provide GotYa with an address in writing or electronically, GotYa shall be entitled to send all orders to that address, unless you notify GotYa in writing or electronically of a different address to which your orders are to be sent.
11.2 If GotYa has allowed deviations from these Terms and Conditions for a short or longer period of time, tacitly or otherwise, this does not affect its right to still demand direct and strict compliance with these Terms and Conditions. You can never assert any right based on the fact that GotYa applies these Terms and Conditions flexibly.
11.3 If one or more of the provisions of these Terms and Conditions or any other GotYa agreement should be contrary to any applicable legal provision, the relevant provision shall lapse and be replaced by a new, similar provision to be determined by GotYa in accordance with the law.
11.4 GotYa has the right to make use of third parties when executing your order(s).
Article 12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements subject to these Terms and Conditions are governed exclusively by Dutch law.
12.2 All disputes between the parties shall exclusively be submitted to the competent court in the Netherlands.
GotYa Arnold Spoelstraat 104 2553 CN Loosduinen Email https://www.got-ya.nl/en/ Website: www.gotya.nl
GotYa is registered with the Chamber of Commerce under number 61734330 VAT NR 854466794B01