General terms and conditions Gilukids

Table of contents:

1: Definitions

2: Identity of the entrepreneur

3: applicability

4: The offer

5: Agreement

6: Revocation

7: Costs in case of withdrawal

8: Exclusion of the withdrawal message

9: The price

10: Conformity and additional warranty

11: Delivery and implementation

12: Duration transactions - Duration, cancellation and extension

13: Payment

14: Complaints procedure

15: Force majeure

16: Competence

17: Additional or different provisions

18: Liability

Article 1 - Definitions

In these terms and conditions::

Reflection time: the period within which the consumer can use his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day;
Endurance transaction: a distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Sustainable data carrier: every means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that makes future consultation and unchanged reproduction of the stored information possible.
Right of withdrawal: the possibility for the consumer to refrain from the distance agreement within the cooling -off period;
Model form: the model form for cancellation that makes the entrepreneur available that a consumer can fill in when he wants to use his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Remote Agreement: an agreement in which in the context of a system for sales of products and/or services organized by the entrepreneur, up to and including the conclusion of the agreement, use is made solely of one or more techniques for distance communication;
Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously met in the same room.
General Terms and Conditions: the present general terms and conditions of the entrepreneur.

Article 2: Identity of the entrepreneur

Gilukids
Lireweg 96, 2153 PH Nieuw-Vennep
The Netherlands
Email: info@gilukids.com
Chamber of Commerce: 95195327

Pick up and showroom by appointment:
Lireweg 96, 2153 PH Nieuw-Vennep

Article 3: Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement between entrepreneur and consumer.

The text of these general terms and conditions is made available to the consumer before the distance agreement is concluded. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded how applicable general terms and conditions can be viewed and make them available to the consumer free of charge upon request.

If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily be stored on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent free of charge electronically or in any other way at the request of the consumer.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraph applies mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable for him in the event of conflicting general terms and conditions.

Article 4: The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The range is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to make a good assessment of the offer possible by the consumer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.

All images, specifications data in the offer are indication and cannot be a reason for compensation or termination of the agreement.

Images with products are a truthful representation of the products offered. Entrepreneur cannot guarantee that the displayed colors will exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer. This concerns in particular:

the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
the amount of the distance for remote communication if the costs of using the remote communication technology are calculated on a basis other than the regular basic rate for the means of communication;
whether the agreement is archived after the conclusion, and if so how it can be consulted for the consumer;
the way in which the consumer, before concluding the agreement, can check the information provided by him in the context of the Agreement and repair it if desired;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the event of a duration transaction.

Article 5: Agreement

The agreement is concluded, subject to the provisions of Article 4, at the time of acceptance by the consumer of the offer as well as at the time of 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 the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
In the case of the agreement electronically, the entrepreneur takes appropriate technical and organizational measures to protect the electronic transfer of data and ensures a safe web environment. In that the consumer can pay electronically, the entrepreneur will take appropriate safety measures for this.

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 interlocutory of the distance agreement. This means that the entrepreneur is entitled to check the personal information provided by the consumer. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.

At the latest when the product, service or digital content is delivered to the consumer, the entrepreneur will make the following information, in writing or in such a way that the consumer can be stored in an accessible manner on a sustainable data carrier, available:

The visiting address of the entrepreneur's location, to which the consumer can appeal in the event of complaints.

The conditions on the basis of which and the way in which the consumer can use the right of withdrawal, or a clear report on the exclusion of the right of withdrawal.

The information about guarantees and existing service after purchase.

The total price including all taxes of the product, service or digital content; If applicable, the costs of delivery and the method of payment, delivery or execution of the distance agreement.

The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is an indefinite duration.

If the consumer can use his right of withdrawal, the return form for withdrawal.

In the event of a duration transaction, the provisions in the previous paragraph only apply to the first delivery.

Article 6: Revocation

Upon delivery of products:

When purchasing products, the consumer has the option of dissolving the agreement for 14 days without giving reasons. This cooling -off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and to the entrepreneur.

During the cooling -off period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to that extent insofar as it is necessary to be able to assess whether it wishes to retain the product. If he uses his right of withdrawal, he will return the product with all supplied accessories 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.

If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receiving the product. The consumer must make it known via the model form. After the consumer has made it known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.

If, after the end of the periods referred to in paragraphs 2 and 3, the customer has not made known to make use of his right of withdrawal resp. The product has not returned to the entrepreneur, the purchase is a fact.

Upon delivery of services:

Upon delivery of services, the consumer has the option of terminating the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.

In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the supply and/or at the latest.

Article 7: Costs in case of withdrawal

If the consumer uses his right of withdrawal, the costs of return will be for his account.

If the consumer has paid an amount, the entrepreneur will repay this amount as soon as possible, but no later than within 14 days after withdrawal. The condition is that the product has already been recovered by the web retailer or conclusive proof of complete return can be submitted.

If you have not paid shipping costs because you ordered above € 50.00, but you will send a part back, and you will arrive below € 50.00 order value. Keep in mind that we will deduct € 4.95 shipping costs from the amount to be refunded.

Article 8: Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been established by the entrepreneur in accordance with specifications of the consumer;
who are clearly personal in nature;
that cannot be returned by their nature;
who can spoil or age quickly;
of which the price is bound by fluctuations on the financial market on 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.
For hygienic products whose consumers have broken the seal.
With a discount/sale articles

Return SALE items

The product is unworn/unused. Including attached labels and original packaging including the Dont Remove Me Card.
Provide the product with the original packaging and take care of it
Register it back via info@gilukids.com
Download the form for withdrawal.
Send the product to the return address below.
The return must be with us within 8 days.
After processing your return you will receive a voucher for the returned amount.
The risks of returning are for the account of the customer.
Sale items bought with a 20% discount or more, may be returned. You will receive a voucher worth with the value of the return shipment. The return must be with us within 7 days.
SALE articles, bought with the 1+1 action, may not be returned.
SALE items, purchased with a 50 & 60% discount, may not be returned.
SALE items, purchased with a 70% discount, may not be returned.

Exclusion of the right of withdrawal is only possible for services:

to perform accommodation, transport, restaurant company or leisure activities on a specific date or during a certain period;
whose delivery has started with the express consent of the consumer before the cooling -off period has expired;
concerning bets and lotteries.

Article 9: Prices

The prices stated on the website include VAT (21%) and excluding shipping costs.

The entrepreneur cannot be held liable for incorrect prices, for example as a result of input or printing errors. No rights can be derived from incorrect price information. Special offers are clearly stated on the website and remain valid if the stock lasts within the specifications of the relevant offer.

The entrepreneur is entitled to adjust the prices on his webshop at any time. In the event of a price change, no changes will be made in the prices of orders already paid and/or produced. These orders will be executed at the prices agreed when entering into the distance agreement.

During the validity period stated in the offer, the prices of the products and/or services offered cannot be increased, subject to price changes as a result of changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound by fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. The bondage to fluctuations and the fact that any prices mentioned are target prices are stated with the offer. The shipping costs are for the consumer. For purchases above a certain amount, free shipping applies (this minimum amount differs per country) and does not apply to purchases in the sale. During SALE purchases, the customer pays shipping costs, even if an order with the aforementioned minimum amount is placed above. Gilukids has no obligation for free shipping and can cancel free from the minimum amount for future orders at any time.

All shipments to destinations outside the EU can be subject to import duties and taxes, which are levied by the land of import at the time of arrival in the destination country. All applicable rights, levies and any additional costs for customs declaration are the responsibility of the consumer.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, to the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be done in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice with regard to the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or edited the products delivered themselves or has it repaired and/or edited by third parties;
The products delivered to abnormal circumstances have been exposed or other carelessly treated or contrary to the instructions of the entrepreneur and/or treated on the packaging;
The deficiency is wholly or partly the result of regulations that the government has or will set with regard to the nature or quality of the materials applied.
The product was washed in any form. Problems arising after washing are his own responsibility of the customer.

Article 11: Delivery and implementation

The entrepreneur will observe the greatest possible care when receiving, in the implementation of orders of products and when assessing applications for services.
The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of what is stated in these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be carried out in part, the consumer will notify this no later than 30 days after he has placed the order. The consumer has the right to terminate the agreement without costs, where appropriate.
After dissolution in accordance with the previous paragraph, the entrepreneur will repay the amount that the consumer has paid without delay.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to his designated representative, unless explicitly agreed otherwise.

Article 12: Duration transactions: Duration, cancellation and extension

Notice

The consumer can at all times cancel an agreement that has been entered into an indefinite period of time and that intends to regularly deliver products (including electricity) or services with due observance of agreed cancellation rules and a notice period of at most one month.

The consumer can at all times cancel an agreement that has entered into a fixed -term period and that intends to regularly deliver products (including electricity) or services at the end of the fixed duration with due observance of agreed cancellation rules and a cancellation period of at most one month.

The consumer can do the agreements mentioned in the previous members:

Cancel at all times and are not limited to cancellation at a certain time or in a certain period;
at least cancel in the same way as they have been entered into by him;
Always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement that has been entered into for a fixed -term period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.

By way of derogation from the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily news and weekly magazines and magazines will be tacitly extended for a certain duration of a maximum of three months, if the consumer can cancel this extended agreement by the end of the extension with a notice period of at most one month.

An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can at any time cancel with a notice period of at most one month and a notice period of at most three months in the event that the agreement is arranged, but less than once a month.

An agreement with a limited duration to arranged regularly to introduce day, news and weekly magazines and magazines (trial or introduction subscription) is not tacitly continued and ends automatically after the end of the test or introduction period.

Duration

If an agreement has a duration of more than a year, the consumer may at any time cancel the agreement with a cancellation period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment

To the extent that it has not been agreed otherwise, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling -off period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in provided or stated payment data to the entrepreneur.

In the event of default by the consumer, the entrepreneur has the right to charge the consumer known to the consumer, subject to legal restrictions.

For international orders (outside the EU), the consumer is responsible for the payment of rights and taxes.

Article 14: Complaints procedure

The entrepreneur has a sufficiently known complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be clearly defined and fully described to the entrepreneur within 7 days, after the consumer has found the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
A complaint about a product, service or service of the entrepreneur can also be submitted by electronic mail. The consumer must in any case give the entrepreneur a period of 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute settlement.

In the event of complaints, a consumer must first turn to the entrepreneur. If this does not lead to a solution, the consumer has the opportunity to turn to a certified Alternative Dispute Resolution (ADR) organization. The ruling of the relevant committee is binding and both entrepreneur and consumer agree with this binding decision. The submission of a dispute to this disputes committee is subject to costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well -founded by the entrepreneur, he or she will replace or repair the products free of charge.

Article 15: Force majeure

Force majeure is understood to mean: any of the direct influence of the entrepreneur independent or reasonably unforeseeable circumstances, as a result of which the entrepreneur is temporarily or permanently prevented from fulfilling his obligations. Such circumstances include: restrictive government measures, mobilization, war, danger of war, revolution, strike, seizure, seizure, special weather conditions, transport difficulties or in total or partly in default of third parties of whom services is used.

In the event of force majeure, the entrepreneur has the right to suspend the fulfillment of his obligations towards the consumer, including the entire or partial dissolution of the agreement, without judicial intervention and free of his obligation to pay or compensation.

ARTICLE 16: CREATE

Additional or deviating provisions deviating 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 in an accessible manner on a sustainable data carrier.

Article 17: Additional or different provisions

Article 18. Liability

1. Everyone's liability and the entrepreneur's products for all damage, of whatever nature, directly or indirectly, is excluded. Nor is the entrepreneur liable for the damage caused by third parties in the performance of the agreement.
2. Ondernemer accepts no liability for any damage resulting from the use and wearing of the products or details on the product (such as buttons) of the entrepreneur. As a part, Atelier VF BV is not liable for any damage due to incorrect washing (other than in Care/ WAS label).
3. The liability of the entrepreneur is always limited to a maximum of the amount of the purchase price of the relevant item.
4. For misunderstanding, deformity, delays or not properly appearing of orders and announcements as a result of the use of the internet or any other means of communication in traffic between you and entrepreneur, or between entrepreneur and third parties, insofar as the relationship between you and entrepreneur, entrepreneur is not liable, unless there were intent or gross negligence.

My Wishlist

Terms and Conditions

General terms and conditions Gilukids