Terms and Conditions
Introduction
Below, you will find our General Terms and Conditions. These apply at all times when you use or place an order through our website. The General Terms and Conditions contain essential information for you as a buyer. Therefore, please read them carefully. We also recommend saving or printing these conditions so that you can review them again at a later time.
Article 1. Definitions
1.1. The GRLLR Company B.V.: established in Breda and registered with the Chamber of Commerce under registration number 63465086, trading under the name The GRLLR Company B.V.
1.2. Website: the website of The GRLLR Company B.V., accessible via www.customkamado.com and all associated subdomains.
1.3. Customer: the customer, whether or not acting in the course of a profession or business, entering into an Agreement with The GRLLR Company B.V. and/or registered on the Website.
1.4. Agreement: any arrangement or agreement between The GRLLR Company B.V. and the Customer, to which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, Agreements, and deliveries of The GRLLR Company B.V., unless explicitly agreed otherwise in writing.
2.2. If the Customer includes provisions or conditions in their order, confirmation, or acceptance that deviate from or are not included in the General Terms and Conditions, they are only binding on The GRLLR Company B.V. if and insofar as explicitly accepted in writing by The GRLLR Company B.V.
Article 2.3. In the event that, in addition to these General Terms and Conditions, specific product or service conditions apply, those conditions also apply. However, in case of conflicting conditions, the Customer can always invoke the applicable provision that is most favorable to them.
Article 3. Prices and Information
3.1. All prices stated on the Website and in other materials from The GRLLR Company B.V. are inclusive of VAT and, unless otherwise stated on the Website, other government-imposed levies.
3.2. If shipping costs are charged, this will be clearly stated, in a timely manner before the conclusion of the Agreement. In addition, these costs will be separately displayed in the ordering process.
3.3. The content of the Website is compiled with the greatest care. However, The GRLLR Company B.V. cannot guarantee that all information on the Website is at all times accurate and complete. All prices and other information on the Website and in other materials from The GRLLR Company B.V. are therefore subject to obvious programming and typographical errors.
3.4. The GRLLR Company B.V. cannot be held responsible for (color) variations due to screen quality.
Article 4. Formation of Agreement
4.1. The Agreement is concluded at the moment of acceptance by the Customer of the offer from The GRLLR Company B.V. and compliance with the conditions set by The GRLLR Company B.V.
4.2. If the Customer has accepted the offer electronically, The GRLLR Company B.V. immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
4.3. If it appears that incorrect data has been provided by the Customer during the acceptance or in any other way entering into the Agreement, The GRLLR Company B.V. has the right to only fulfill its obligation after the correct data has been received.
4.4. The GRLLR Company B.V. can, within legal frameworks, investigate whether the Customer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, The GRLLR Company B.V. has good grounds not to enter into the Agreement, it is entitled to refuse an order or request with motivation or to attach special conditions, such as advance payment, to the execution.
Article 5. Registration
5.1. To make optimal use of the Website, the Customer can register via the registration form/account registration option on the Website.
5.2. During the registration process, the Customer chooses a username and password with which he can log in to the Website after registration. The Customer is responsible for choosing a password that is sufficiently reliable.
5.3. The Customer must keep his login details, username, and password strictly confidential. The GRLLR Company B.V. is not liable for misuse of the login details and may always assume that a Customer who logs in on the Website is indeed that Customer. Everything that happens through the Customer’s account is the responsibility and risk of the Customer.
5.4. If the Customer knows or suspects that his login details have fallen into unauthorized hands, he must change his password as soon as possible and/or inform The GRLLR Company B.V. of this so that The GRLLR Company B.V. can take appropriate measures.
Article 6. Execution of Agreement
6.1. Once the order has been received by The GRLLR Company B.V., The GRLLR Company B.V. will send the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.
6.2. The GRLLR Company B.V. is authorized to engage third parties in the performance of the obligations arising from the Agreement.
6.3. The manner in which delivery will take place and the period within which the products will be delivered will be clearly described on the Website, in a timely manner before the conclusion of the Agreement. If no delivery period has been agreed or stated, products will be delivered within 30 days in any case.
6.4. If The GRLLR Company B.V. cannot deliver the products within the agreed period, it will inform the Customer of this. In that case, the Customer can agree to a new delivery date, or he has the option to dissolve the Agreement free of charge.
6.5. The GRLLR Company B.V. advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See further the Article on warranty and conformity.
6.6. Once the products to be delivered have been delivered to the specified delivery address, the risk for these products is transferred to the Customer. If expressly agreed otherwise, the risk is transferred to the Customer earlier. If the Customer decides to pick up the products, the risk is transferred upon the transfer of the products.
6.7. The GRLLR Company B.V. is authorized to deliver a similar product of similar quality if the ordered product is no longer available. The Customer is then entitled to terminate the Agreement free of charge and return the product.
Article 7. Right of Withdrawal
7.1. This article applies only to the Customer, a natural person, not acting in the course of his trade, business, or profession.
7.2. The Customer has the right to terminate the distance contract concluded with The GRLLR Company B.V. within 14 days of receiving the product, without giving any reasons, free of charge.
7.3. The period begins on the day after the Customer, or a third party designated by him who is not the carrier, has received the product, or:
– if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by him, received the last product;
– if the delivery of a product consists of multiple shipments or parts: the day on which the Customer, or a third party designated by him, received the last shipment or the last part;
– for agreements for the regular delivery of products over a specified period: the day on which the Customer, or a third party designated by him, received the first product.
7.4. The Customer shall bear the cost of returning the product if these costs exceed the regular postal rate. The shipping costs incurred by the Customer in purchasing the product are not included in the return costs and remain at the expense of the Customer.
7.5. Within the withdrawal period mentioned in paragraph 1, the Customer will handle the product and packaging carefully. The Customer will only open the packaging and use the product to the extent necessary to assess the nature, characteristics, and functioning of the products. The starting point is that this inspection should not go further than the Customer could in a physical store.
7.6. The Customer is only liable for the depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in the previous paragraph.
7.7. The Customer can terminate the Agreement within the term set in paragraph 1 of this Article by sending the model withdrawal form (digitally) to The GRLLR Company B.V. or by clearly informing The GRLLR Company B.V. in another way that he refrains from the purchase. In case of a digital notification, The GRLLR Company B.V. confirms the receipt of that notification. After termination, the Customer has an additional 14 days to return the product. It is also possible to return the product directly within the reconsideration period set in paragraph 1 of this Article, provided that the model withdrawal form or another unambiguous declaration of withdrawal is enclosed.
Products can be returned to:
The GRLLR Company B.V.
Liesbosstraat 43a
4813 BC, Breda
7.8. Amounts already paid by the Customer (in advance) will be refunded as soon as possible, but no later than 14 days after the termination of the Agreement, to the Customer in the same manner as the Customer paid for the order. If the Customer has chosen a more expensive method of delivery than the cheapest standard delivery, The GRLLR Company B.V. is not obliged to refund the additional costs for the more expensive method. Unless The GRLLR Company B.V. offers to collect the product itself, The GRLLR Company B.V. may wait to refund until The GRLLR Company B.V. has received the product or until the Customer demonstrates that he has returned the product, whichever occurs earlier.
7.9. The Website clearly provides information, in a timely manner before concluding the Agreement, about the applicability of the right of withdrawal and any desired procedure.
7.10. The right of withdrawal does not apply to:
– Products that have been created by the entrepreneur in accordance with the Customer’s specifications;
Article 8. Payment
8.1. The Customer must make payments to The GRLLR Company B.V. according to the payment methods indicated in the ordering process and possibly on the Website. The GRLLR Company B.V. is free to choose the offered payment methods, which may also change from time to time. In the case of payment after delivery, the Customer has a payment term of 14 days starting from the day after delivery.
8.2. If the Customer does not fulfill his payment obligation(s) on time, and after The GRLLR Company B.V. has pointed out the late payment, and The GRLLR Company B.V. has granted the Customer a period of 14 days to still meet his payment obligations, the Customer is liable to pay statutory interest on the outstanding amount. The GRLLR Company B.V. is also entitled to charge the Customer extrajudicial collection costs after the lapse of this 14-day period. These collection costs amount to a maximum of 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500, and 5% on the subsequent € 5,000, with a minimum of € 40. The GRLLR Company B.V. can deviate from these amounts and percentages in favor of the Customer.
Article 9. Warranty and Conformity
9.1. This article applies only if there is a Customer who does not act in the exercise of his profession or business. If The GRLLR Company B.V. provides a separate warranty on the products, this applies to all types of Customers, regardless of the aforementioned.
9.2. The GRLLR Company B.V. ensures that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, The GRLLR Company B.V. also guarantees that the product is suitable for use other than normal use.
9.3. Any warranty provided by The GRLLR Company B.V., manufacturer, or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.
9.4. If the delivered product does not conform to the Agreement, the Customer must notify The GRLLR Company B.V. of this within a reasonable time after discovering the defect.
9.5. If The GRLLR Company B.V. deems the complaint valid, the relevant products will be repaired, replaced, or reimbursed in consultation with the Customer. The maximum compensation is equal to the price paid by the Customer for the product, taking into account the article on liability.
Article 10. Warranty for Business Purchases
10.1. The GRLLR Company B.V. ensures that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, The GRLLR Company B.V. also guarantees that the product is suitable for use other than normal use. Otherwise, the product is suitable for normal use.
10.2. If the delivered product does not conform to the Agreement upon delivery, the Customer must notify The GRLLR Company B.V. of this within a maximum of 1 day after delivery. If the Customer fails to do so, he can no longer claim repair, replacement, etc., if the product was delivered defective.
10.3. If The GRLLR Company B.V. deems the complaint valid, the relevant products will be repaired, replaced, or (partially) reimbursed in consultation with the Customer.
Article 11. Complaints Procedure
11.1. If the Customer has a complaint about a product (in accordance with the Article on warranty and conformity) and/or other aspects of the services provided by The GRLLR Company B.V., he can submit a complaint to The GRLLR Company B.V. by phone, email, or post. See the contact details at the bottom of the General Terms and Conditions.
11.2. The GRLLR Company B.V. will respond to the Customer’s complaint as soon as possible, but in any case within 2 days after receiving the complaint. If it is not yet possible to provide a substantive or final response, The GRLLR Company B.V. will confirm the complaint within 2 days of receiving it and provide an indication of the period within which it expects to provide a substantive or final response to the Customer’s complaint.
11.3. A Customer who does not act in the exercise of his profession or business can also submit a complaint via the European Online Dispute Resolution (ODR) platform, accessible at http://ec.europa.eu/odr/.
Article 12. Liability
12.1. This Article applies only if the Customer is a natural person or legal entity acting in the exercise of his profession or business.
12.2. The total liability of The GRLLR Company B.V. towards the Customer for attributable failure in the performance of the Agreement is limited to a maximum of the amount of the price agreed for that Agreement (including VAT).
12.3. The liability of The GRLLR Company B.V. towards the Customer for indirect damages, including but expressly not limited to consequential damages, loss of profit, missed savings, loss of data, and damages due to business interruption, is excluded.
12.4. Outside the cases mentioned in the previous two paragraphs of this Article, The GRLLR Company B.V. bears no liability towards the Customer for damages, regardless of the grounds on which an action for damages would be based. The limitations mentioned in this Article, however, cease to apply if and insofar as the damage results from intent or gross negligence on the part of The GRLLR Company B.V.
12.5. The liability of The GRLLR Company B.V. towards the Customer for attributable failure in the performance of an Agreement arises only if the Customer promptly and properly notifies The GRLLR Company B.V. in writing, specifying a reasonable period for rectifying the failure, and The GRLLR Company B.V. continues to fail to fulfill its obligations after that period. The notice of default must contain as detailed a description of the failure as possible, so that The GRLLR Company B.V. can respond adequately.
12.6. A condition for the emergence of any right to compensation is always that the Customer reports the damage to The GRLLR Company B.V. as soon as possible but no later than within 30 days of its occurrence in writing.
12.7. In the event of force majeure, The GRLLR Company B.V. is not obliged to compensate any damage incurred by the Customer.
Article 13. Retention of Title for Business Purchases
13.1. All delivered goods remain the property of The GRLLR Company B.V. until all claims that The GRLLR Company B.V. has against the Business Customer (including any related (collection) costs and interest) have been fully paid.
13.2. Before the transfer of ownership, the Business Customer is not authorized to sell, deliver, or otherwise dispose of these items other than in accordance with its normal business and the normal purpose of the items. In addition, the Business Customer is not allowed to pledge these items or grant any other rights to them to third parties as long as the ownership of these items has not passed to the Business Customer.
13.3. The Business Customer is obliged to keep the items delivered under retention of title carefully and as identifiable property of The GRLLR Company B.V.
13.4. The GRLLR Company B.V. is entitled to take back the items delivered under retention of title and still present with the buyer if the Business Customer does not ensure timely payment of the invoices or is in financial difficulties or threatens to go into financial difficulties.
13.5. The Business Customer will at all times grant The GRLLR Company B.V. free access to its items for inspection and/or for the exercise of The GRLLR Company B.V.’s rights.
Article 14. Personal Data
14.1. The GRLLR Company B.V. processes the personal data of the Customer in accordance with the privacy statement published on the Website.
Article 15. Final Provisions
15.1. Dutch law applies to the Agreement.
15.2. To the extent that mandatory legal rules do not prescribe otherwise, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where The GRLLR Company B.V. is established.
15.3. If a provision in these General Terms and Conditions proves to be void, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will establish new provision(s) to replace it, whereby, as far as legally possible, the purpose of the original provision is given effect.
15.4. In these General Terms and Conditions, „in writing“ also means communication by email and fax, provided the identity of the sender and the integrity of the email are sufficiently established.
Contact Information
If, after reading these General Terms and Conditions, you have any questions, complaints, or comments, please feel free to contact us in writing or by email.
The GRLLR Company B.V.
Liesbosstraat 43a
4813 BC, Breda
Phone: +31767002725
Email: support@thegrllrcompany.com
Chamber of Commerce (KvK) number: 63465086
VAT identification number: NL855248026B01