Delivery conditions

Article 1. Applicability
1.1 All offers, orders and agreements of Goizper Central Europe are subject to these General Terms and Conditions.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms.
1.3 The provisions of these Conditions may be departed from only in writing, in which case the remaining provisions shall remain in full force and effect.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of Goizper Central Europe, are likewise stipulated for the benefit of intermediaries and other third parties engaged by Goizper Central Europe.

Article 2. Offers/Agreements

2.1 All offers made by Goizper Central Europe are without obligation and Goizper Central Europe expressly reserves the right to change prices, in particular when this is necessary under (legal) regulations. See also article 3.6.
2.2 A contract is only concluded after acceptance of your order by Goizper Central Europe. Goizper Central Europe is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stipulated otherwise. If an order is not accepted, Goizper Central Europe will communicate this within four (4) working days after receipt of the order.

Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in Euros, exclusive of VAT and exclusive of handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
3.2 Payment should always be made by means of prepayment or by bank. In case of payment by bank, the date of payment shall be the date of crediting Goizper Central Europe’s bank account. Goizper Central Europe reserves the right to ship the ordered goods only when the payment is visibly credited to the account of Goizper Central Europe, unless otherwise agreed in writing.
3.3 If the term of payment is exceeded, you will be in default from the day on which payment should have been made and you will owe default interest of 1% per month or part of a month on the outstanding amount from that day. If payment is made after a reminder by Goizper Central Europe, you will owe an amount of twenty-five euros (25.00) for administration costs and if Goizper Central Europe outsources its claim for collection, you will also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to Goizper Central Europe’s authority to claim the actual extrajudicial collection costs incurred instead.
3.4 If you default on any payment, Goizper Central Europe is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.
3.5 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after the communication of the price increase by Goizper Central Europe.
3.6 When ordering through the online store, transportation costs are calculated, and tested for length and weight of items ordered. Because of this there can sometimes be deviations in the transport calculation, Goizper Central Europe will inform you of this before delivery of goods. In consultation with the customer an acceptable solution will be found for both parties. If the customer does not agree, the order will be cancelled and any payment made by the customer will be refunded by Goizper Central Europe within 7 days.

Article 4. Delivery

4.1 The delivery times specified by Goizper Central Europe are indicative only. The exceeding of any delivery period does not entitle you to compensation or the right to cancel your order or dissolve the agreement, unless the exceeding of the delivery period is such that you cannot reasonably be required to maintain the agreement. You are in that case entitled to cancel the order or dissolve the agreement to the extent necessary.
4.2 Delivery of the products shall be made at the place and time when the products are ready for shipment to you.
4.3 If a package is not picked up at a pickup point and is therefore automatically returned to Goizper Central Europe’s warehouse after two (2) weeks, this is considered a return shipment at the customer’s initiative.
4.4 Resending returned packages is possible after the customer has contacted Goizper Central Europe, provided the order number and confirmed the correct delivery address. Shipping costs will again be charged for reshipment.
4.5 In order to prevent returns due to non-collection, the customer is obliged to carefully check the delivery address when ordering, collect the parcel from the collection point on time and take note of any reminders by e-mail or text message.

Article 5. Retention of title
5.1 Ownership of delivered products is transferred only if you have paid all that you owe to Goizper Central Europe under any agreement. The risk in respect of the products is already transferred to you at the time of delivery.

Article 6. Intellectual and industrial property rights.
6.1 You must fully and unconditionally respect all intellectual and industrial property rights vested in the products supplied by Goizper Central Europe.
6.2 Goizper Central Europe does not guarantee that the products supplied to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

Article 7. Complaints and liability
7.1 You are obliged to examine upon delivery whether the products comply with the agreement. If this is not the case, you must notify Goizper Central Europe as soon as possible and in any case within four (4) working days after delivery, at least after observation was reasonably possible, in writing/email and stating reasons.
7.2 If it is demonstrated that the products do not comply with the agreement, Goizper Central Europe has the choice of replacing the relevant products with new products upon return or refunding the invoice value thereof.
7.3 If you do not wish to purchase a product for any reason, you are entitled as a reseller to return the product to Goizper Central Europe within seven (8) working days after delivery. Returns in this case will only be accepted if the packaging of the product is undamaged, Goizper Central Europe has been notified in advance of return(s), and also that the costs of return shipments will be at your expense.

Article 8. Warranty
8.1 If Goizper Central Europe delivers products to the customer, Goizper Central Europe shall never be held to a more extensive guarantee with respect to the customer than to which Goizper Central Europe can lay claim with respect to its supplier. The warranty period will always be clearly indicated on the invoice. Complaints for externally visible defects must be submitted in writing or by e-mail in accordance with the contract terms and conditions, but no later than 4 (four) days after receipt of the goods by the customer. Claims received by Goizper Central Europe after the expiry of this period do not need to be processed by Goizper Central Europe.

Article 9. Orders/Communications.
9.1 Goizper Central Europe is not liable for misunderstandings, mutilation, delays or improper transmission of orders and messages resulting from the use of the Internet or any other means of communication in the traffic between you and Goizper Central Europe, or between Goizper Central Europe and third parties, insofar as these relate to the relationship between you and Goizper Central Europe, unless and insofar as there may be intent or gross negligence on the part of Goizper Central Europe.

Article 10. Force Majeure
10.1 Without prejudice to its other rights, Goizper Central Europe shall, in the event of force majeure, be entitled, at its discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by informing you of this in writing and without Goizper Central Europe being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to the standards of reasonableness and fairness.
10.2 Force majeure means any shortcoming that cannot be attributed to Goizper Central Europe, because it is not due to its fault and is not for its account by virtue of the law, legal act or generally accepted practice.

Article 11. Miscellaneous
11.1 If you provide Goizper Central Europe with an address in writing, Goizper Central Europe is entitled to send all orders to that address, unless you provide Goizper Central Europe in writing with a different address to which your orders should be sent.
11.2 If deviations from these Terms and Conditions have been permitted by Goizper Central Europe for a short or longer period of time, tacitly or otherwise, this does not affect its right to still demand direct and strict compliance with these Terms and Conditions. You can never assert any rights based on the fact that Goizper Central Europe applies these Terms and Conditions flexibly.
11.3 If one or more of the provisions of these Terms and Conditions or any other agreement with Goizper Central Europe should be in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new, similar provision to be determined by Goizper Central Europe.
11.4 Goizper Central Europe is authorized to use third parties in the execution of your order(s).

Article 12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
12.2 All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands.