General Terms and Conditions

General Terms and Conditions of ByGaia

Table of Contents

  1. Definitions
  2. Identity of the Entrepreneur
  3. Applicability
  4. The Offer
  5. The Agreement
  6. Right of Withdrawal
  7. Costs in Case of Withdrawal
  8. Exclusion of the Right of Withdrawal
  9. The Price
  10. Conformity and Warranty
  11. Delivery and Execution
  12. Duration Transactions: Duration, Termination, and Renewal
  13. Payment
  14. Complaints Procedure
  15. Disputes
  16. Additional or Deviating Provisions

Article 1 - Definitions In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance agreement with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance agreement regarding 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 allows the consumer or entrepreneur to store information that is directed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
  7. Model form: the model form for withdrawal that the entrepreneur makes available for a consumer to complete when he wishes to exercise his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance agreement: an agreement whereby, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  10. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same space at the same time.
  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur By Gaia; Lichtstraat 298 5611XH Eindhoven

Telephone number:  Email address: info@bygaiaofficial.com Chamber of Commerce number:  VAT identification number:

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders between the entrepreneur and the consumer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer's request 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 that is most favorable to him in the event of conflicting general terms and conditions.
  5. If one or more provisions in these general terms and conditions at any time are wholly or partially void or annulled, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced by a provision that approximates the original as closely as possible in mutual consultation.
  6. Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

  1. If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot give rise to damages or dissolution of the agreement.
  5. Images with products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. 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 costs of delivery;
    • the way in which the agreement will be concluded and which actions are required for this;
    • whether or not the right of withdrawal is applicable;
    • the method of payment, delivery, and execution of the agreement;
    • the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
    • the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular base rate for the used means of communication;
    • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and if desired, restore it;
    • any other languages in which, besides Dutch, the agreement 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 agreement in the event of a duration transaction.

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
  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 agreement.
  3. 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 observe appropriate security measures.
  4. 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 agreement. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
  5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
    • the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • the information about guarantees and existing service after purchase;
    • the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    • the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
  7. Every agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 - Right of Withdrawal For the delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons for a period of 14 days. This reflection period starts on the day after receipt of the product by the consumer or a previously designated and notified representative by the consumer to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered 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.
  3. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days, after receipt of the product. The consumer must make this known through the model form or by another unambiguous method of communication, such as email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered products have been returned on time, for example by means of a proof of dispatch.
  4. If the customer has not indicated his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

For the delivery of services:

  1. In the case of the provision of services, the consumer has the option to dissolve the agreement without giving any reasons for at least 14 days, starting on the day of entering into the agreement.
  2. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 - Costs in Case of Withdrawal

  1. If the consumer exercises his right of withdrawal, he will bear no more than the costs of return shipment.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted.

Article 8 - Exclusion of the Right of Withdrawal

  1. 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 applies only if the entrepreneur has clearly stated this in the offer, or at least in time for the conclusion of the agreement.
  2. 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;
    • that cannot be returned due to their nature;
    • 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 single newspapers and magazines;
    • for audio and video recordings and computer software of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period;
    • of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
    • concerning bets and lotteries.

Article 9 - The Price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This connection to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    • they result from statutory regulations or provisions; or
    • the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

  1. 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 11 - Delivery and Execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests 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 with competent speed but at the latest within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to provide a replacement item. At the latest, upon delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment are borne by 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 pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal Termination:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
  3. The consumer can terminate the agreements mentioned in the previous paragraphs:
    • at any time and not be limited to termination at a specific time or during a specific period;
    • at least in the same way as they were entered into by him;
    • always with the same notice period as the entrepreneur has stipulated for himself.

Extension: 4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period. 5. Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month. 6. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month. The notice period is no more than three months in the case of agreements extending to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 7. An agreement with limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration: 8. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

  1. Unless otherwise agreed, 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 case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. If the consumer does not fulfill his payment obligation(s) in time, he is, after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after non-payment within this 14-day period, owes the statutory interest on the amount still owed, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the amounts and percentages for the benefit of 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.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
  3. 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 respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
  5. In the event of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (webwinkelkeur.nl), it will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the possibility to have his complaint handled by the independent dispute commission appointed by Stichting WebwinkelKeur, the decision is binding, and both the entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute commission involves costs that the consumer must pay to the commission. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Different 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.