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 withdrawal
Article 8 – Exclusion Right of Withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 17 – Intellectual property and copyright
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the Consumer can make use of his Right of Withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a Distance Agreement with the Entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the Consumer or Entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the Consumer to waive the Distance Contract within the Cooling-off Period;
7. Entrepreneur: the Entrepreneur as identified in Article 2;
8. Distance contract: an agreement in which, within the framework of a system organized by the Entrepreneur for distance sales of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for communication on distance;
9. Technique for distance communication: means that can be used for concluding an agreement, without the Consumer and Entrepreneur simultaneously meeting in the same room.
Article 2 – Identity of the Entrepreneur
Name: GoSwaan B.V. trading under the name (s): GoSwaan and Swaan.
Availability: From Monday to Friday from 9:00 am to 5:00 pm
E-mail address: info@goswaan.com
Chamber of Commerce number: 88316963
VAT identification number: NL864576365B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the Entrepreneur and to every Distance Contract concluded between the Entrepreneur and the Consumer.
2. 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, before the Distance Agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the Entrepreneur and they will be sent free of charge as soon as possible at the request of the Consumer.
3. 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 can be made available to the Consumer electronically in such a way that it is Consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the Distance Contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the Consumer electronically or otherwise.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the Consumer can always invoke the applicable provision in the event of conflicting general terms and conditions. most favorable.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. 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.
3. Each offer contains such information that it is clear to the Consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
• the price including taxes;
• any delivery costs;
• the manner in which the Distance Contract will be concluded and which actions are required for this;
• whether or not the Right of Withdrawal applies;
• the method of payment, delivery and execution of the Distance Contract;
• the term for acceptance of the offer, or the term within which the Entrepreneur guarantees the price;
• the rate for distance communication if the costs of using the Technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
• whether the Distance Contract will be archived after it has been concluded, and if so, how it can be consulted by the Consumer;
• the way in which the Consumer, before concluding the Distance Agreement, can check and, if desired, restore the data provided by him in the context of the Distance Agreement;
• any other languages in which, in addition to Dutch, the Distance Contract can be concluded;
• the codes of conduct to which the Entrepreneur is subject 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 Duration Transaction.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the Distance Contract is concluded at the time of acceptance by the Consumer of the offer and the fulfillment of the associated conditions.
2. If the Consumer has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer can dissolve the Distance Agreement.
3. If the Distance Contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur will observe appropriate security measures.
4. The Entrepreneur can inform himself – within legal frameworks – whether the Consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the Distance Agreement.
5. The Entrepreneur will send the following information to the Consumer with the product or service, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable data carrier:
a. the visiting address of the Entrepreneur’s branch where the Consumer can go with complaints;
b. the conditions under which and the manner in which the Consumer can make use of the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;
c. the information about warranty and existing after-sales service;
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 before the performance of the Distance Contract;
e. the requirements for terminating the Distance Agreement if the Distance Agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a Duration Transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the Consumer has the option to dissolve the Distance Contract without stating reasons during 14 Days. This reflection period starts on the Day after receipt of the product by the Consumer or a representative designated in advance by the Consumer and made known to the Entrepreneur.
2. During the Reflection Period, the Consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his Right of Withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur.
When providing services:
1. When providing services, the Consumer has the option to dissolve the Distance Agreement without stating reasons during fourteen Days, commencing on the Day of entering into the Distance Agreement.
2. To make use of his Right of Withdrawal, the Consumer will follow the reasonable and clear instructions provided by the Entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
1. If the Consumer makes use of his Right of Withdrawal, the costs of return will be for his account at most.
2. If the Consumer has paid an amount as a result of the Distance Agreement, the Entrepreneur will refund this amount as soon as possible, but no later than 30 Days after the return or in the case of services.
Article 8 – Exclusion Right of Withdrawal
1. The Consumer’s Right of Withdrawal is excluded in the cases referred to in paragraphs 2 and 3. The exclusion of the Right of Withdrawal only applies if the Entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the Distance Contract.
2. Exclusion of the Right of Withdrawal is possible for products:
a. that have been established by the Entrepreneur in accordance with the Consumer’s specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the Entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the Consumer has broken the seal.
3. Exclusion of the Right of Withdrawal is possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
b. the delivery of which has commenced with the express consent of the Consumer before the Reflection Period has expired;
c. concerning betting and lotteries.
Article 9 – 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 as a result of changes in VAT rates.
2. The prices stated in the offer of products or services include VAT.
Article 10 – Conformity and guarantee
1. The Entrepreneur guarantees that the products and/or services comply with the Distance Contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
2. The Consumer can no longer invoke a defect if he has not made a known complaint in writing to the Entrepreneur within a reasonable time after he has discovered or should reasonably have discovered the defect.
Article 11 – Delivery and execution
1. The Entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the Consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer will be notified of this no later than 30 Days after he has placed the order. In that case, the Consumer has the right to dissolve the Distance Agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the Entrepreneur will refund the amount paid by the Consumer as soon as possible, but no later than 30 Days after the dissolution, except in the event of force majeure on the part of the Entrepreneur.
5. If delivery of an ordered product proves to be impossible, the Entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the Entrepreneur.
6. The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a representative designated in advance and made known to the Entrepreneur, unless expressly agreed otherwise. After delivery, damage and/or loss of products is at the risk of the Consumer.
Article 12 – Duration transactions: duration, cancellation and extension
cancellation
1. The Consumer can terminate a Distance Agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The Consumer can terminate a Distance Agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, at any time towards the end of the definite term, with due observance of the agreed cancellation rules and a notice period not exceeding one month.
3. The Consumer may conclude the agreements referred to in the previous paragraphs:
• cancel at any time and are not limited to cancellation at a specific time or period;
• at least cancel in the same way as they entered into by him;
• always cancel with the same notice period as the Entrepreneur has stipulated for himself.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the Consumer must be paid within 14 Days after the start of the reflection period as referred to in Article 6 paragraph 1, unless a valid appeal has been made to the Right of Withdrawal pursuant to Article 6 In that case, the costs as referred to in Article 7 paragraph 1 are payable by the Consumer.
2. In the case of a distance agreement for the provision of a service, this period starts after the Consumer has received confirmation of the agreement.
3. The Consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the Entrepreneur.
4. In the event of default by the Consumer, the Entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the Consumer.
Article 14 – Complaints procedure
1. The Entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. This complaints procedure can be found in the webshop, in the section “Frequently asked questions”, under the heading “Exchanges and returns”.
2. Complaints about the implementation of the Distance Contract must be submitted fully and clearly described to the Entrepreneur within a reasonable time, after the Consumer has discovered the defects.
3. Complaints submitted to the Entrepreneur will be answered within a period of 14 Days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur will reply within the period of 14 days with a notification of receipt and an indication when the Consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure, as referred to in Article 15.
Article 15 – Disputes
1. Agreements between the Entrepreneur and the Consumer to which these general terms and conditions apply are exclusively governed by Dutch law with the exclusion of the Vienna Sales Convention.
2. Any dispute between the parties regarding the Distance Contract will be submitted to the competent court in the district of Amsterdam, without prejudice to the right of appeal and cassation. For one month after the Entrepreneur has informed the Consumer in writing that he wishes to bring a dispute to the attention of the competent court in Amsterdam, the Consumer has the right to invoke the jurisdiction of the court in whose jurisdiction he is domiciled against the Entrepreneur.
Article 16 – Additional or deviating provisions
1. Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner on a durable data carrier.
Article 17 – Intellectual property and copyright
1. All intellectual property rights with regard to (advertising) expressions of goswaan.com are vested in the Entrepreneur.
2. The information available on the goswaan.com may only be used, copied, distributed in modified form for information purposes, and only after obtaining the written and explicit permission of the Entrepreneur (for other questions, please contact our customer service )
3. Unauthorized use of the name goswaan.com, SWAAN. and of all images, logos and graphic design and Trademarks or the unauthorized copying of content from this Webshop without the permission of the Entrepreneur, is in violation of Dutch and international copyright laws.
4. The Consumer and (other) users of the webshop recognize these rights and guarantee that they will refrain from any infringement thereof, which also includes making copies of the webshop other than technical copies required for the use of the webshop ( load and display).
5. The Entrepreneur is not responsible for photos, descriptions and other information material on the webshop goswaan.com that are published by third parties.
