Terms and conditions
Contents:
Article 1 - Definitions Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and associated costs
Article 9 - Obligations of the trader in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and performance
Article 14 - Continuing performance contracts: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Ancillary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, where these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance contract: a contract for the regular supply of goods, services and/or digital content during a specific period;
Durable medium: any instrument - including e-mail - that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, in which, up to and including the conclusion of the contract, exclusive or partial use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to their order;
Technique for distance communication: means that can be used to conclude a contract without the consumer and the trader having to be together in the same place at the same time.
Article 2 - Identity of the trader
Tire intercommunicatie, trading as GCC and Global.nl
Televisieweg 26, 1322AL Almere, the Netherlands
Telephone number: +31 36 538 7070
E-mail address: GCC@global.nl
Chamber of Commerce (KvK) number: 39062776
VAT identification number: NL800071293B01
Article 3 - Applicability
1. These terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these 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 medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, at the consumer’s request.
4. In the event that specific product or service conditions also apply in addition to these terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to them.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.
Article 5 - The contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.
4. Within the legal framework, the trader may inform itself as to whether the consumer is able to meet their payment obligations, as well as of all facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance.
5. No later than upon delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the trader’s establishment where the consumer can go with 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 exclusion of the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer may dissolve a contract relating to the purchase of a product during a cooling-off period of 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Provided that the trader has clearly informed the consumer of this prior to the ordering process, the trader may refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
c. in the case of contracts for the regular delivery of products during a specific period: the day on which the consumer, or a third party designated by them, has received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
Extended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer has not been informed of the right of withdrawal:
5. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.
6. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
2. The consumer is only liable for any reduction in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the trader has not provided them, before or at the conclusion of the contract, with all legally required information on the right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and associated costs
1. If the consumer exercises their right of withdrawal, they will notify the trader of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
a. the trader has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:
a. prior to its supply, the consumer has not expressly consented to the commencement of the performance of the contract before the end of the cooling-off period;
9. If the consumer exercises their right of withdrawal, all ancillary contracts are dissolved by operation of law.
Article 9 - Obligations of the trader in the event of withdrawal
1. If the trader enables the consumer to notify withdrawal electronically, it will send an acknowledgement of receipt without delay after receiving this notification.
Article 10 - Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract:
a. performance has begun with the express prior consent of the consumer; and
4. Products manufactured to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
a. performance has begun with the express prior consent of the consumer; and
Article 11 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
a. they result from statutory regulations or provisions; or
5. The prices stated in the offer of products or services include VAT.
Article 12 - Performance and additional guarantee
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.
Article 13 - Delivery and performance
1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
Article 14 - Continuing performance contracts: duration, termination and extension
Termination:
1. The consumer may terminate a contract concluded for an indefinite period for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
Extension:
4. A contract concluded for a fixed period for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Duration:
8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 15 - Payment
1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days of the conclusion of the contract. In the case of a contract for the provision of a service, this period starts on the day after the consumer has received confirmation of the contract.
Article 16 - Complaints procedure
1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Article 17 - Disputes
1. Contracts between the trader and the consumer to which these terms and conditions apply are governed exclusively by Dutch law.
Article 18 - Additional or deviating provisions
Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product itself. The consumer has in any event observed the return period if they return the product before the cooling-off period has expired.
3. The consumer will return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that it will bear the costs itself, the consumer does not have to bear the costs of returning the product.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the delivery of products that have not been made ready for sale in a limited volume or specific quantity commence during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation that has been fulfilled by the trader at the time of withdrawal, compared with full performance of the obligation.
7. The consumer bears no costs for the performance of services or the delivery of products that have not been made ready for sale in a limited volume or quantity if:
b. the consumer has not expressly requested that the performance of the service or the delivery of the product commence during the cooling-off period.
b. the consumer has not acknowledged losing their right of withdrawal when giving their consent; or
c. the trader has failed to confirm this statement by the consumer.
2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies it of the withdrawal. Unless the trader offers to collect the product itself, it may withhold reimbursement until it has received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
3. For the reimbursement, the trader will use the same means of payment that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.
1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
2. Contracts concluded at a public auction. A public auction is understood to mean a method of sale in which products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
b. the consumer has declared that they lose their right of withdrawal as soon as the trader has fully performed the contract;
5. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
6. Products which, after delivery, are by their nature irrevocably mixed with other products;
7. Sealed audio or video recordings and computer software whose seal has been broken after delivery;
8. The supply of digital content other than on a tangible medium, but only if:
b. the consumer has declared that they thereby lose their right of withdrawal.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
b. the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.
2. An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the contract if the trader has failed to fulfil its part of the contract.
3. An additional guarantee is understood to mean any commitment by the trader, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the contract.
2. The place of delivery is the address that the consumer has made known to the trader.
3. Taking into account what is stated in article 4 of these terms and conditions, the trader will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, 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 dissolve the contract free of charge and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
2. The consumer may terminate a contract concluded for a fixed period for the regular delivery of products (including electricity) or services at any time with effect from the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
3. With regard to the contracts referred to in the previous paragraphs, the consumer may:
terminate them at any time and not be limited to termination at a specific time or in a specific period;
at least terminate them in the same way as they were entered into by the consumer;
always terminate them with the same notice period as the trader has stipulated for itself.
5. Notwithstanding the previous paragraph, a contract concluded for a fixed period for the regular delivery of daily newspapers, news and weekly papers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended contract with effect from the end of the extension with a notice period of no more than one month.
6. A contract concluded for a fixed period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the contract concerns the regular, but less than once a month, delivery of daily newspapers, news and weekly papers and magazines.
7. A contract of limited duration for the regular introductory delivery of daily newspapers, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
3. The consumer has the obligation to report inaccuracies in the payment details provided or stated to the trader without delay.
4. If the consumer does not fulfil their payment obligation(s) on time, then, after the trader has pointed out the late payment and has granted the consumer a period of 14 days to still fulfil their payment obligations, and payment has not been made within this 14-day period, the consumer owes statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in favour of the consumer.
2. Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must in any event give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.