Terms and Conditions
General terms and conditions of sale and delivery of GoPablo. filed with the Brabant Chamber of Commerce under number 80331327.
ARTICLE 1. GENERAL
1.1. These terms and conditions apply to all offers and agreements for the purchase / sale of goods and / or assignments and services from GoPablo .;
1.2. Additions or deviations from these conditions must be agreed in writing and only apply to the agreement for which they were made.
1.3. The rights and obligations under agreements between GoPablo. and the other party cannot be transferred by the other party to third parties, unless with written permission from GoPablo.
1.4. Other general terms and conditions, including those of the other party, are not accepted by GoPablo, unless otherwise agreed in writing and confirmed by GoPablo.
ARTICLE 2. OFFERS
2.1. All offers are without obligation and are valid while stocks last. An offer that contains a term can be done by GoPablo. are nevertheless revoked, even after receipt of the order, provided that within 5 working days of receipt of that order.
2.2. Quantities, weights, sizes, prices, etc. stated in price lists or on the internet (website), quotations and other documents are for information purposes only. Although the most important characteristics of products are shown as accurately as possible, they have the character of an approximate indication and do not bind GoPablo.
ARTICLE 3. AGREEMENTS
3.1. An agreement is only deemed to have been legally concluded after GoPablo has confirmed the order in writing or has started the execution of the order. The content of the agreement is determined by GoPablo's quotation and / or order confirmation and these general terms and conditions.
3.2. If - after the assignment has been issued - an additional assignment is submitted, the originally agreed delivery time will lapse.
3.3. The Counterparty and GoPablo explicitly agree that by using electronic forms of communication, a valid agreement is concluded as soon as the conditions set out in Articles 3.1 and 3.2 have been met. In particular, the lack of a signature does not affect the binding force of the offer and its acceptance.
3.4. There is no order minimum, all orders over € 30 are shipped free of charge. Below € 30, we charge a contribution of € 4.95 in shipping costs.
ARTICLE 4. PRICES
4.1. All quotes and prices that GoPablo. are shown in euros and include VAT and other costs related to the agreement, such as taxes.
4.2. Delivery costs are not included in the price unless stated otherwise.
4.3. If the prices of materials, taxes and / or other factors that partly determine the price of the goods undergo a change after the conclusion of the agreement, GoPablo is entitled to implement these price changes. Price changes of more than 10% give the other party the right to terminate the agreement, provided this is done in writing and within seven days of receipt of the notification in question. A dissolution as aforementioned does not entitle the other party to compensation for any damage.
ARTICLE 5. PAYMENT
5.1. Orders via the internet site can be paid using the payment options listed on the site. When paying using a credit card or electronic payment method issued by a third party, the terms and conditions of the relevant card issuer or bank apply.
5.2. The other party is in default after expiry of the payment term referred to in paragraph 1 of this article without a notice of default being required, regardless of whether or not the exceeding thereof can be attributed to the other party.
5.3. Incoming payments serve to settle the oldest outstanding item interest and including costs, even if the other party declares otherwise in this respect.
ARTICLE 6. COOLING PERIOD, CANCELLATION AND RETURNS
6.1. The other party is entitled to a cooling-off period of 30 days after delivery of the product if the other party is a consumer and provided the packaging is not broken. This right also lapses if the products have been put into use. Companies are excluded from this right under the Buy or Distance Act 2001. The other party (consumer) may return a product within the aforementioned 30-day period.
6.1A. If you want to use the return option, please contact us via firstname.lastname@example.org, mention the order number in the subject of the email and indicate the reason for the return. Depending on the reason for the return, you can return the package with sufficient postage or free of charge.
6.2. Conditions for the right of return: The product may not have been used and must still be resalable as new. (Consumer must be able to view and fit the product but not use it). It must be returned undamaged, complete and in its original packaging.
6.3. If the other party has made use of the right of withdrawal as stated in the previous paragraph and the product is offered to GoPablo, unused and in original packaging with any accessories supplied without damage to use, then GoPablo will ensure a refund to the other party within 30 days of receipt.
6.4. In the event of cancellation by companies, all costs incurred by GoPablo in respect of the order or assignment as well as the lost profit are immediately due and payable, with a minimum of 10% of the principal sum, all to the extent necessary to be increased by any costs incurred by GoPablo as a result of the cancellation of damage suffered.
6.5. If the total value of the order after the return falls below € 35, GoPablo is authorized to still calculate the shipping costs of 3.95.
ARTICLE 7. DELIVERY TIME, DELIVERY, RISK
7.1. In principle, GoPablo strives to ship orders placed before 3 p.m. on a working day that same day. The delivery date stated or agreed in the offer and / or order confirmation does not apply as a deadline and is only stated approximately, even if it has been expressly accepted by the other party.
7.2. In the event that the other party is not found at home at the time of delivery, the goods will be offered again the following day. In both cases, a note will be left stating that the delivery can be picked up at the post office.
7.3. Different conditions may apply to deliveries abroad.
7.4. The stated or agreed delivery period will in any case, but not exclusively, be automatically extended by the period (s) during which:
- there is a delay in the manufacture and / or shipment and / or any other circumstance temporarily preventing the execution, regardless of whether this can be attributed to GoPablo;
- other party in one or more obligations towards GoPablo. fails or there is well-founded fear that he will fail, regardless of whether the reasons are justified or not;
- the other party does not enable GoPablo to execute the agreement; this situation occurs, among other things, if the other party fails to communicate the place of delivery.
7.5. The other party must receive and check the goods purchased from GoPablo (see warranty). If these goods are refused by the other party or if delivery proves impossible, the goods will be stored by GoPablo, at the expense and risk of the other party. The costs for storage are at the expense of the other party. GoPablo will claim compliance but reserves the right to dissolve the agreement without legal intervention, without prejudice to GoPablo's right to compensation.
ARTICLE 8. WARRANTY / ADVERTISING
8.1. GoPablo guarantees that all items are suitable and legally permissible for the purpose for which they are intended, that they conform to the agreed specifications.
8.2. With due observance of what is stipulated elsewhere in these terms and conditions, GoPablo guarantees the soundness as well as the quality of the products it supplies. If a product is unusable due to damage during shipping, or does not correspond to the ordered item, the other party has the option to return this product.
8.3. The guarantees regarding the delivered goods lie with the manufacturer of the goods concerned.
8.4. The other party is obliged to read the information and advice of the manufacturer accompanying the products before using the delivered products.
8.5. Advertising is not possible if:
- the delivered goods show one or more imperfections or deviations that fall within a reasonable tolerance;
- the goods have been used for a purpose other than that for which they are normally intended or, in the opinion of GoPablo, have been used, stored or transported in an improper manner,
- the damage is caused by negligence on the part of the other party or because the other party has acted contrary to instructions, directions and advice from GoPablo;
- the other party has not fulfilled its obligations towards GoPablo (both financially and otherwise).
8.6. If the other party, with due observance of the provisions of the relevant agreement and these general terms and conditions, complains in writing within 5 days of receipt, and its complaint is found to be well-founded by GoPablo, GoPablo will at its option replace the defective goods (or parts thereof) free of charge (after which the replaced goods become its property) or grant a price reduction.
8.7. Handling a complaint does not suspend the other party's payment obligation.
8.8. If attention is paid to a complaint outside of the cases described above, this will be done without obligation and the other party cannot derive any rights from it.
ARTICLE 9. INSPECTION
The cases are checked by GoPablo before delivery. The Other Party has the right, at its own expense, to inspect the goods before delivery at the time and place determined by GoPablo.
ARTICLE 10. NON-PERFORMANCE / DISSOLUTION / SUSPENSION
10.1. GoPablo is authorized to terminate the agreement with immediate effect, without judicial intervention, in whole or in part, or to suspend the execution, without prejudice to its other rights (to performance and / or compensation), if:
- the other party acts contrary to any provision of the agreement between the parties;
- the other party dies, applies for a suspension of payments or files an application for bankruptcy or an application for bankruptcy of the other party;
- any asset of the other party is seized;
10.2. The provisions of paragraph 1 of this article apply mutatis mutandis if the other party, after having been invited to do so in writing, has not provided adequate security within seven days in the opinion of GoPablo.
ARTICLE 11. RESERVATION OF OWNERSHIP
11.1. Delivery COD takes place under retention of title and after full payment the product is the property of the other party.
ARTICLE 12. LIABILITY
12.1. GoPablo is not liable for damage as a result of any shortcoming in the fulfillment of its obligation (s) towards the other party. The fulfillment of the obligations under guarantee / complaints as described in article 9 above applies as the sole and complete compensation. Any other claim for damages, for whatever reason, is excluded, unless there is intent or gross negligence on the part of GoPablo or managerial subordinates.
12.2. Nor is GoPablo liable for intent or (gross) negligence on the part of (non-managerial) subordinates or others that it has engaged in the context of the implementation of the agreement.
12.3. GoPablo accepts no liability for advice provided by or on its behalf.
12.4. The other party must always give GoPablo the opportunity to settle a complaint, otherwise the liability claim and thus the compensation will lapse.
ARTICLE 13. FORCE MAJEURE
13.1. Force majeure within the meaning of these general terms and conditions is understood to mean any circumstance beyond the will and action of GoPablo, whether or not foreseeable at the time of entering into the agreement, as a result of which performance cannot reasonably be expected from GoPablo, such as war, government measures, lack of raw materials, factory or transport disruptions of any kind, strikes, exclusion or lack of personnel, quarantine, epidemics, loss of frost, shortcomings of third parties engaged by GoPablo for the implementation of the agreement (such as late delivery by suppliers), etc.
13.2. Force majeure gives GoPablo the right to either terminate the agreement in whole or in part, or to suspend the performance of its obligations, without being obliged to pay compensation. The other party remains obliged to pay for the part of the agreement already performed.
ARTICLE 14. PERSONAL DATA
ARTICLE 15. PARTIAL NULLITY
If one or more provisions from this agreement with the other party are not or not fully legally valid, the other provisions will remain in full force. Instead of the invalid provisions, an appropriate regulation applies, which approximates as closely as possible the intention of the parties and the economic result they pursue in a legally effective manner.
ARTICLE 16. PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT COURT
16.1. GoPablo's place of business is the place where the other party must fulfill its obligations towards GoPablo, unless mandatory provisions dictate otherwise.
16.2. All offers and agreements of GoPablo are exclusively governed by Dutch law.
16.3. All disputes that arise as a result of the agreement concluded between the other party and GoPablo or of further agreements that may be the result thereof, will be settled by the competent court.
ARTICLE 17. REVIEWS
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Inadequate content, e.g. one-word reviews.
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Specification of contact information such as telephone numbers, addresses and URLs.
Indication of volatile information such as prices and current events.
Use of a language other than Dutch, German or English.
Mention of other (web) shops.
Use of hurtful language.
No demonstrable customer who actually has the product