Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Long-term transaction: a distance contract relating to 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 enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form included in Annex I of these terms and conditions which a consumer can complete when he wishes to make use of his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
  10. Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same place.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

  • Name of entrepreneur: Cupplement B.V.
  • Trading under the name: Goasupply
  • Business address: Kanaalweg 50, 3526KM Utrecht, Netherlands
  • Contact: support@getgoyu.com
  • Chamber of Commerce number: 82199469
  • VAT identification number: NL861040181B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is reasonably not possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is reasonably not possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request of the consumer.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the relevant provision shall immediately be replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.
  6. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
  7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted '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 subject to conditions, this shall be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. 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 compensation or dissolution of the agreement.
  5. Images accompanying products are a truthful representation of the products offered. 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 rights and obligations are attached to acceptance of the offer.

Article 5 – The agreement

  1. 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 therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall 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 may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
  4. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or attach special conditions to the execution.
  5. The entrepreneur shall send 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:
    1. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
    2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. the information about guarantees and existing after-sales service;
    4. the information 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;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
    6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
  6. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
  2. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he shall 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.
  3. When 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 receipt of the product. The consumer must make this known by means of the model form. After the consumer has made known that he wishes 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 on time, for example by means of proof of shipment.
  4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not made known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services and digital content not supplied on a tangible medium:

  1. Upon delivery of services, the consumer has the possibility to dissolve the agreement without stating reasons for at least 14 days, commencing on the day of entering into the agreement.
  2. In order to make use of his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, at most the costs of return shipment shall be borne by him.
  2. If the consumer has paid an amount, the entrepreneur shall repay this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the webshop owner or conclusive proof of complete return shipment can be provided.

Article 8 – Exclusion of the right of withdrawal

  1. The entrepreneur may 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, or at least in time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. that have been created by the entrepreneur in accordance with the consumer's specifications;
    2. that are clearly personal in nature;
    3. that by their nature cannot be returned;
    4. that can spoil or age quickly;
    5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    6. for individual newspapers and magazines;
    7. for audio and video recordings and computer software of which the consumer has broken the seal.
    8. for hygienic products of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    1. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
    2. the delivery of which has commenced with the consumer's express consent before the cooling-off period has expired;
    3. concerning betting and lotteries.

Article 9 – The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are indicative prices shall be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of 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:
    1. these are the result of statutory regulations or provisions; or
    2. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

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 soundness and/or usability and the statutory 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 use 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 may assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Return of the products must take place in the original packaging and in new condition.
  4. The entrepreneur's warranty period corresponds to the manufacturer's 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 regarding the use or application of the products.
  5. The warranty does not apply if:
    1. The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
    2. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated contrary to the instructions on the packaging;
    3. The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

  1. The entrepreneur shall observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery shall be the address that the consumer has made known to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer shall be notified thereof no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall repay the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur shall make efforts to make a replacement item available. At the latest upon delivery, it shall be stated in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination and extension

Termination

  1. The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement 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 duration, subject to agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:
    1. at any time and not be limited to termination at a specific time or during a specific period;
    2. at least terminate them in the same manner as they were entered into by him;
    3. always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. 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.
  2. Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily newspapers, news newspapers and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of 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.
  3. 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 may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular, but less than once per month, delivery of daily newspapers, news newspapers and weekly newspapers and magazines.
  4. An agreement of limited duration for the regular introductory delivery of daily newspapers, news newspapers and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may 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 commencement of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received 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. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

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 fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the period of 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
  5. In the event of complaints, a consumer must first turn to the entrepreneur.
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Liability

GOYU is not liable for any direct or indirect damage arising from the use of the products, unless there is intent or gross negligence. We are not responsible for possible (health) claims made by third parties regarding our products.

Article 16 – Disputes

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.

Article 17 – Additional or deviating provisions

Additional provisions or 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 manner that they can be stored by the consumer in an accessible way on a durable data carrier.

Annex I: Model withdrawal form

Model withdrawal form

(only complete and return this form when you wish to withdraw from the agreement)

To: [name of entrepreneur]
  [geographical address of entrepreneur]

  [fax number of entrepreneur, if available]

  [e-mail address or electronic address of entrepreneur]

 

I/We* hereby inform you that I/we* withdraw from our agreement concerning

  the sale of the following products: [designation of product]*

  the delivery of the following digital content: [designation of digital content]*

  the performance of the following service: [designation of service]*,

  withdraw/withdraws*

  1. Ordered on*/received on* [date of order for services or receipt for products]
  2. [Name of consumer(s)]
  3. [Address of consumer(s)]
  4. [Signature of consumer(s)] (only when this form is submitted on paper)
  • Delete what does not apply or fill in what applies.