The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’) and ‘Grivec Bros.’ (hereafter also referred to as ‘We’) a trade name belonging to the company Grivec Bros. B.V., a limited liability company governed by Dutch law, Dutch chamber of commerce company number 61865664, VAT number NL.8545.22.724.B01. Our address is, Sint Pieterstraat 61, 6364CS Kerkrade, The Netherlands.
Article 1 General Information
1.1 These Terms & Conditions apply to all offers, orders and agreements done by “Grivec Bros.”. No agreement can be created without your agreement of these Terms & Conditions.
1.2 These Terms and Conditions are the only terms and conditions that are applicable and replace all other terms and conditions, except in the case of express,written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our terms and conditions.
Article 2 Our contract
2.1 By placing an order, you are declaring that you are 18 years of age or over.
2.2 When you submit an order, your order represents an offer to us to purchase the products. This does not mean that your order has been accepted.
2.3 All orders are subject to acceptance by us. If we accept your order we will confirm our acceptance by sending you an order confirmation by e-mail. The contract between us will only be formed when we send you the order firmation. Any products forming part of the same order, which we have not confirmed in the order confirmation, do not form part of that contract.
2.4 We have the right to cancel or refuse to accept an order on, inter alia, the following grounds: - In the event of a technical and/or typing error in the process or other details of products contained on the website when the order was placed, - Due to a lack of availability, - When there are reasons to indicate that you are a minor,- When there are reasons to indicate that the orders are for resale purposes, - If we were unable to deliver the product(s) to the address provided.
2.5 If an order is cancelled or not accepted, we will inform you at the earliest opportunity. If we already have received payment for such order, we will refund the applicable amount.
2.6 All products will remain available for sale on our website until we have received full payment.
2.7 If a product should become unavailable after your order had been confirmed and paid for, we will refund the price you paid.
Article 3 Price and Payment
3.1 All prices are in euros including VAT (where applicable) at the current rates and excluding shipping costs. Except for NL, BE and DE, shipping costs will be added to your order and depending on your destination country. The shipping costs will be added to total amount due and shown in the order summary page of our website before you place your order. In NL, BE and DE shipping costs are for free.
3.2 If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
3.3 Unless we agree otherwise, we accept payments by the following methods:- Paypal: with PayPal you can shop online securely and conveniently using your debit or credit card, bank account or PayPal balance.- Direct bank transfer : in case you decide to pay by bank transfer you have to include the order number with your payment. As soon as we have received your full payment, we will ship your order.
3.4 We must receive full payment before we dispatch the products.
Article 4 Delivery
4.1 Your order will be delivered to the address you indicated when your order was placed. We do not deliver to PO Box addresses.
4.2 We do everything in our power to respect the delivery times agreed upon an/or indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you (for example by supplying the wrong address), or because of some unforeseen event. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
4.3 The products will be your responsibility and the risk of damage rests fully on you as from the delivery (the moment you are or could be in possession of the products).
4.4 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, inducing shipping costs (except for NL, BE and DE).
4.5 If you reject a delivery or if an order due to erroneous addressing cannot be delivered, you are responsible for any costs made.
Article 5 Customs
5.1 For deliveries outside the Netherlands you may have to pay import duty, or other taxes, fees or charges applied by customs or other authorities in the country of receipt. These fees/taxes are your responsibility and must be paid by you. Unfortunately we have no control over these fees. We cannot tell you what the costs would be as custom policies, import duties and sale taxes vary widely form country to country.
5.2 Also, we will not refund any import duties and/or local sales taxes that your order may have incurred for returned items.
5.3 Some countries have import restrictions on certain products or materials. You must comply with all laws and regulations of the country in which you are receiving the products. You are responsible for determining if there are any restrictions on the delivery of our products to your destination.
Article 6 Product information
6.1 We take great care when putting product information, descriptions and images online but will not be held responsible for any mistakes or omissions to any information given.
6.2 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the information and colours accurately, the colours on your screen can be different than the original product.
Article 7 Non-confirming products
7.1 We are under a legal duty to supply you with products that are in conformity with the contract.
7.2 You must inspect the products as soon as reasonably practicable after delivery and you must inform us promptly if the products are non-conforming. At our request you must provide us an opportunity to examine the alleged non-conforming product.
7.3 You must take reasonable care of the products and you must return any products that are not in conformity with the contract promptly and within 30 days of notifying us of the relevant non-conforming products.
7.4 If the products are non-conforming you are entitled to ask us to replace or repair the products, though given the nature of the products that we sell we may not be able to source a suitable replacement. We are under no obligation to replace or repair the products where this is impossible or imposes costs on us that are unreasonable, taking into account, amongst other things, the value, which the products would have if they conformed to the contract and the significance of the lack of conformity, in which case your remedy will be limited to a refund.
7.5 and 7.6 has been removed, so numbers below change.
7.5 Return postage and packaging will be your responsibility. Please use our return form and retain proof of postage. You must ensure that you pack the products appropriately to prevent damage during transit.
7.6 If the products are non-conforming, we will refund you reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy receipt.
Article 8 Withdrawal of order and return policy
8.1 You have the right to cancel or return the products until 30 days after delivery without any need to give reasons. Your right of withdrawal starts from the moment your order is received by you or your nominated recipient. The right of withdrawal does not apply to custom made or personalized goods.
8.2 The easiest way to use the right of withdrawal is to return the product to us. If you are unable to return the products before the 30-day period has expired, you need to notify us of your intention to cancel, always within the 30-day period. To do so, simply e-mail firstname.lastname@example.org or write to us at Grivec Bros., Sint Pieterstraat 61, 6463 CS Kerkrade, The Netherlands with a detailed description of the products you want to return and your order number.
8.3 You can return the products together with the delivery note to the following address: Grivec Bros., Sint Pieterstraat 61, 6463 CS Kerkrade, the Netherlands.
8.4 In any case, you must take reasonable care of the products and have to return the products to us in their original condition within 30 on the date on which you informed us that you want to want to cancel your order or if you have not notified us that you want to cancel your order, within 30 days of receipt of the products.
8.5 In case of withdrawal, you will receive a refund, which will not include the shipping costs.
8.6 Return postage, packaging will be your responsibility. Please make sure to keep the return receipt in case your parcel might get lost. Your parcel is your responsibility until it reaches us. If we have to pay additional postage charges on your package, we may deduct the amount of such charges from any refund we send to you. We cannot accept liability for goods without return receipt that get lost or damaged in transit back to us.
8.7 We cannot accept item(s) without a complete return form. The items(s) should be intact with the original labels attached. The product should not show marks of being worn, such as stains, smell and use damage. Note: Items can be returned within the right to cancel but returning them in such condition might include compensation for lost value by the customer.
8.8 Provided that you comply with the terms of this article you will be refunded in full within 14 days of the date we receive the returned products and approve them.
8.9 We will refund the applicable amount via the same payment method used in the purchase.
Article 9 General indemnity
9.1 You agree to be fully responsible for and indemnify us fully from and against all claims, liability, damages, losses, costs and expenses suffered by us and arising out of any breach of these terms of conditions by you or any other liability arising out of your use of our website or the use of another person accessing the website using your computer or account number and/or password.
Article 10 Our liability
10.1 We only supply the products for domestic and private use. You agree not to use the products for any commercial, business or re-sale purposes, and we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.2 We shall not be held responsible and disclaim all liability for any loss, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, caused by using our products and/or caused by your access and use of the website or caused by a failure by us to comply with these terms and conditions, unless such loss and/or damages ensues from intentional acts or omissions or gross negligence on the part of us.
10.3 If the above-mentioned limitations of liability dot not apply to you, our liability shall be limited to the amount charged to you for the products.
Article 11 Events outside of our control
11.1 We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our control. This does not affect your legal rights.
11.2 An event outside our control means any act or event beyond our reasonable control including acts of God, collapse of buildings, fire, flood, severe weather, explosion, accident, war, act of terrorism, industrial dispute (not involving our employees), acts of local or central government or other competent authorities, interruption or failure of utility services, interruption or failure of our website or IT system caused by third parties, or delays or non-performance caused by third parties including manufacturers and delivery companies.
Article 12 Fraudulent payments
12.1 If we reasonably suspect a fraudulent payment, then we will not dispatch any products and we will not carry out any refunds until authorized by our bank.
Article 13 Privacy
Article 14 Waiver
30.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions and, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
30.2 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Article 15 Severability
15.1 If any court or competent authority decides that any of the provisions or paragraphs of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Article 16 Applicable law and jurisdiction
16.1 On all rights, obligations, offers, orders and agreements to which these terms & conditions apply, as well as these terms & conditions, only Dutch law applies.
16.2 All disputes between parties will only be submitted to the competent court in Limburg, the Netherlands, unless a mandatory provision provides otherwise.