Terms and Conditions

General terms and conditions G-maxx

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 - Obligations of the entrepreneur in the event of withdrawal

ARTICLE 9 - Exclusion of right of withdrawal

ARTICLE 10 - The price

ARTICLE 11 - Conformity and Warranty

ARTICLE 12 - Delivery and execution

ARTICLE 13 - Duration transactions

ARTICLE 14 - Payment

ARTICLE 15 - Complaints procedure

ARTICLE 16 - Additional or deviating provisions

Article 1 - In these conditions the following definitions apply:

Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, in which exclusive or joint use is made of up to and including the conclusion of the agreement uses one or more techniques for remote communication;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;

Article 2 – Identity of the entrepreneur

G-Maxx BV

Zwolseweg 50

2994LB Barendrecht

The Netherlands

E-mail address: info@g-maxx.nl

Chamber of Commerce number: 64761851

If the activity of the entrepreneur is subject to a relevant licensing system: the information about the supervisory authority;

If the entrepreneur practices a regulated profession:

− the professional association or organization to which he is affiliated;

− the professional title, the place in the EU or the European Economic Area where it was awarded;

− a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed.

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
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 can be read by the consumer. can be easily stored 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. .

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement 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 take appropriate security measures.
The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
where consumers can go with complaints;
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;
the information about warranties and existing after-sales service;
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 execution of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
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:

When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 8 calendar days. This period starts on the day after receipt of the product by or on behalf of the consumer.
During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. The basic principle here is that the consumer may only handle and inspect the product as he or she would be allowed to do in a store.
The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 2.

If he exercises 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.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, he must report this within the cooling-off period by means of the return form for withdrawal.
The consumer shall return the product as quickly as possible, but within 8 days from the day following the notification referred to in paragraph 1. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the return or cancellation.

Article 8 - Obligations of the entrepreneur in the event of withdrawal

If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification. The entrepreneur will reimburse the consumer's payments, excluding any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. The refund is free of charge for the consumer.

Article 9 – Exclusion of right of withdrawal

If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.

Article 10 – The price

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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; or
the consumer has the right to cancel the agreement on the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 11 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert towards the entrepreneur with regard to a shortcoming in the fulfillment of the entrepreneur's obligations under the law and/or or the distance contract.

Article 12 – Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has communicated to the entrepreneur.
Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, 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 fulfilled or can only be partially fulfilled, 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 terminate the agreement without costs.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 13 – Duration transactions

The consumer can cancel an agreement that has been entered into for an indefinite period at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.

An agreement entered into for a fixed period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.

Article 14 – Payment

Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

Article 15 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint has a foreseeable longer processing time

request, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute settlement procedure.

Article 16 – Additional or deviating provisions

Additional or deviating provisions 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.