Terms of service
GENERAL TERMS AND CONDITIONS
Name Guud BV
Address Palepelstraat 32
Address 9830 Sint-Martens-Latem
e-mail address firstname.lastname@example.org
phone number +32484753980
VAT number BE0735881293
RPR Ghent (Ghent division)
Bank details KBC BE84 7360 6370 9159
Article 1: General provisions
1.1 In these terms and conditions Guud BV with registered office at Palepelstraat 32 9830 Sint-Martens-Latem Belgium is further referred to as 'Guud' or 'Guud woman' and its customers/resellers as 'customer'.
1.2 All agreements concluded between Guud and the customer are subject to the following general terms and conditions, unless expressly agreed otherwise in writing. The customer's general terms and conditions are never taken into account and are therefore completely excluded from the agreement between Guud and the customer. The customer is deemed to have taken cognisance of Guud's general terms and conditions.
1.3 In addition to these general terms and conditions, additional special terms and conditions may be drawn up depending on specific circumstances of transactions or activities. These additional terms and conditions shall then form an integral part of these general terms and conditions and shall then take precedence over the general terms and conditions in the event of contradictions.
1.4 Any customer who purchases from Guud in any way must accept these general terms and conditions. It is up to the customer to read them carefully before accepting them in order to avoid subsequent discussions. Any order will be subject to the general terms and conditions which were included on the website and/or order confirmation at the time, to the exclusion of any older or newer provisions.
1.5 The customer expressly declares that they are of age 18. Guud reserves the right to cancel the purchase if it appears that the customer is a minor. In this case, an invoice for damages will be drawn up equal to the costs incurred by Guud.
Article 2 : Offers
2.1 Offers are always without obligation.
2.2 Mere announcements of prices on the website do not constitute an offer/formal tender.
Article 3 : Conclusion
3.1 Every agreement is always entered into in writing (incl. via the webshop), and is only final after acceptance of these general terms and conditions, the prices and the description of the goods.
A start of execution of the agreement also counts as confirmation.
The agreement between the customer and Guud is concluded the moment Guud confirms the correct receipt of the order (whether or not by means of an automatic confirmation e-mail). You will usually receive this confirmation within
24 hours. Should this not be the case, please contact us at email@example.com
3.2 Orders are processed while stocks last and within the limits set out in these terms and conditions.
3.3 Guud reserves the right to refuse orders in the event of serious suspicion of abuse of law or bad faith, serious suspicion of commercial purposes unacceptable to Guud.
3.4 The Client may freely navigate the various pages of the website without therefore committing himself to an order. If the Customer wishes to place an order, he chooses the various products in which he is interested and can express this interest by clicking on "Add to basket". A summary of his order will then appear on the screen. At any time, the customer can get an overview of the products he selected or change his order by clicking on the shopping bag icon (top right). Here, too, he is shown the summary of his order. The customer can continue his order by clicking on "Safe check-out". The customer must then identify himself, either by logging in and entering his e-mail address and password if he already has an account, or by correctly filling in the form displayed and providing, among other things, the necessary information for his identification, his name, first name and postal address. During the ordering process, the customer can modify and correct the data entered, such as the composition of his shopping cart, delivery and billing address, before finally validating the order.
After knowing the status of their order and once all requested information has been filled in by the customer, they must select their preferred method of payment. The customer must click on "Continue shipping" to definitively confirm their order.
Article 4: Graphics, images and content - Product description
4.1 All images, videos, tutorials, technical features, descriptions, compatible articles or products and data of this nature are there to give the best possible picture of the intended product.
4.2 The above product description is offered as truthfully as possible. The indication of price refers exclusively to the articles as described verbatim. The accompanying photo is intended to be decorative and may contain elements of articles not included in the price. Guud may cancel orders at any time if the product information or product price was incorrect at the time of the order.
4.3 All information developed by Guud referred to in article 4.1 remains the property of Guud and may not be copied or reproduced or used in any way without written consent, subject to the statutory exceptions.
4.4 In the event of infringement of the above provisions, Guud is entitled to compensation of 1000€ per day for each day that the unlawful user uses this data, without prejudice to compensation for higher proven damages.
Article 5: Price provisions
5.1 All prices on Guud's websites include VAT for end users and exclude VAT for resellers. Any shipping costs are not included in the posted prices. Taxes are always included in the posted prices.
5.2 Certain prices/offers may be limited in time. This will then be stated in the price display.
5.3 Prices are valid while stocks last.
Article 6: Dispatch
6.1 Shipping takes place in accordance with the Shipping Policy.
6.2 When shipping to an address specified by the customer, the customer is responsible for taking delivery of the goods. Failing this, the delivery will be stored with the carrier or returned to Guud at the customer's risk and expense.
Article 7: Delivery period
7.1 The delivery times as stated in the Shipping Policy are purely indicative.
7.2 Guud shall deliver no later than 30 days after the conclusion of the agreement. If Guud has not complied with this obligation, the customer shall request it to make the delivery within an additional period appropriate to the circumstances. If Guud does not deliver the products within the additional period, the customer is entitled to terminate the agreement.
Article 8: Payments
8.1 Payment is always made via the website via paypal, Shoppay credit or debit card. Each order is immediately payable at the time of conclusion of the agreement.
8.2 All payments made by the customer always serve to settle the oldest costs and interests and invoices, in that order even if the customer states a different invoice number when referring to the payment.
8.3 If the invoice is not paid by the customer by the due date, interest in the amount of 8% on an annual basis shall be payable on the outstanding amount without prior notice of default.
8.4 In the event of late payment, damages amounting to 10% of the outstanding amount, with a minimum of 2 € per invoice, shall also be payable, without prejudice to the principal sum, the default interest, all collection, reminder and follow-up costs.
8.5 In the event of non-payment, Guud is entitled to suspend any agreement with the customer and deliveries to the customer, without this entitling the customer to claim any compensation or to dissolve the agreement.
8.6 Commercial promotions in no way entitle the customer to defer payment or partial payment.
Article 9: Retention of title
9.1 Until full payment of an invoice has been made, the goods charged on this invoice remain the property of Guud. Full payment also includes any interest and costs.
9.2 The customer is not allowed to alienate, rent or pledge the goods without Guud's prior written consent.
9.3 The customer undertakes, at Guud's first request, to place the products at Guud's disposal and hereby irrevocably authorises Guud or the persons designated by Guud to enter the place where the products are located in order to take possession of these products.
9.4 In accordance with the provisions under 9.1 Guud grants the customer the ownership of the said goods at the moment the customer has fulfilled all his obligations, but subject to reservation in favour of other claims which Guud has on the customer. At Guud's first request, the customer shall provide any cooperation required in this context, under penalty of a daily penalty of €500 for each day the customer remains in default in this respect.
9.5 The customer undertakes, if necessary, to draw the attention of third parties to the retention of title, for example to any person who may come to seize articles which have not yet been paid for in full.
9.6 All risks after delivery, with the exception of theft, humidity, damage, etc. shall be borne by the customer, even if they have not yet been paid for.
Article 10: Conformity and complaints
10.1 Guud selects its products with care and respect in order to offer them with optimal quality. The products are marked with the best-before date. This must be strictly respected by the customer.
10.2 Visible defects must be reported at the latest on delivery under penalty of cancellation. Complaints relating solely to the invoice must be notified by registered mail within 8 days of the invoice date.
This complaint must be clearly described. Once this period has elapsed, Guud considers that it has fulfilled its obligations correctly and the customer is deemed to acknowledge the products/invoice as correct.
There is a legal guarantee obligation of two years. The conformity guarantee only covers a lack of conformity that already existed when the goods were delivered. The consumer must notify the seller of the conformity defect within two months from the day the consumer discovered the defect.
10.3 Complaints never entitle the customer to suspend payment of an invoice.
10.4 If a complaint is accepted by Guud as founded then Guud is entitled to make the following choice:
10.4.1 To review the invoice and adjust the invoice (in case the complaint relates solely to the invoice)
10.4.2 To replace the products
10.4.3 Take back the goods on the invoice, rescind the agreement and credit the amount/invoice.
10.5 Goods are always returned at the customer's expense and risk. Guud only accepts returns after written approval by Guud. Goods must always be sent by the customer to Guud's address in original packaging and delivery note and in the state in which Guud sent the goods to the customer.
10.6 The guarantee lapses in the following cases:
10.6.1 The expiry date has expired.
10.6.2 The products were damaged due to the customer's actions e.g. improper storage place, non-compliance with the package leaflet.
Article 11: Limitation of liability
11.1 Guud's liability is in principle limited to the purchase price of the defective product.
Unless otherwise stipulated by mandatory legal provision, Guud shall under no circumstances be obliged to compensate indirect or consequential damages such as but not limited to damages to third parties.
Guud does not exclude its liability for its wilful intent, gross negligence or that of its appointees or agent, nor, barring force majeure, for the non-performance of an obligation which constituted one of the main performances of the agreement or when imperative legal provisions or case law would prohibit such an exclusion or limitation.
11.2 The expiry date of the products is to be respected by the customer at all times. It is only valid and therefore the quality of the product is only guaranteed if the packaging has not yet been opened and the product has been stored correctly.
Article 12: Force majeure
12.1 If after the formation of the agreement Guud is unable to comply with it as a result of circumstances that could not reasonably have been foreseen at the time of the conclusion of the agreement or which could not have been known to Guud, this shall constitute a non-attributable shortcoming (force majeure) vis-à-vis the customer.
12.2 Circumstances as referred to under 1 in any case include strike, government measures, delays in supply, export bans, riots, war, mobilisation, transport impediments, import impediments, negligence of suppliers and/or manufacturers of Guud as well as auxiliary persons, illness of personnel, defects in auxiliary or transport means, lock-outs or other labour disturbances and events which cannot reasonably be insured by Guud.
12.3 Guud shall be entitled to suspend its obligations in the event of force majeure. Guud is also entitled to terminate the agreement in whole or in part, or to demand that the content of the agreement is changed in such a way that execution remains possible. Under no circumstances shall Guud be liable to pay any penalty or compensation.
12.4 If performance is permanently impossible or the temporary impossibility continues for more than six months, the agreement can be dissolved by the most diligent party, without, however, the customer being entitled to compensation for any loss.
Article 13 : Dissolution of the agreement
13. 1 If the customer fails to meet his obligations towards Guud, fails to do so on time or properly, or if his bankruptcy is/is applied for, he is declared bankrupt, he applies for a judicial reorganisation (WCO), or offers his creditors or part of them a settlement or an agreement, furthermore if his assets or part of them are seized, or if he proceeds to sell or liquidate (part of) his company, as well as in the event of his death, placement under guardianship/provisional administration or if he loses the management or direction of his company, business or part thereof in any other way, any claim which Guud has or obtains against him shall be immediately due and payable in a lump sum without any notice of default being required.
13.2 In cases referred to under 143.1, Guud shall be entitled, subject to written notification, but without any notice of default and without judicial intervention, to suspend the further execution of the agreement or to dissolve it in whole or in part, without being liable for any termination compensation.
13.3 Guud is entitled at all times to claim compensation from the customer and to take back the delivered items.
13.4 If the customer wishes to terminate the agreement, he shall at all times first give Guud written notice of default and allow it a reasonable period in which to still fulfill its obligations or rectify any shortcomings, which shortcomings the customer must describe accurately in writing.
Article 14 : Right of withdrawal
14.1 In accordance with Articles VI 47-53 of the Economic Law Code, the consumer has a period of 14 days to revoke the contract without giving reasons.
14.2 This provision only covers sales to customer-consumers via the Guud website, without there being any contact at any time between the customer and Guud while there is a "distance contract" in accordance with article VI 45 et seq. of the Economic Code. If this is not the case, the customer cannot invoke this provision.
14.3 However, the right of withdrawal does not apply to the sales described in Article VI.53 of the Economic Code such as:
- the delivery of goods that spoil quickly or have a limited shelf life;
- the delivery of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery.
14.3 The customer can only invoke this right of withdrawal if it is invoked in accordance with the following formalities:
14.3.1 Before the expiry of the withdrawal period, the customer-consumer shall notify Guud of his decision to withdraw from the contract. To this end, the customer may:
1° use the model withdrawal form, included below; or
2° make any other unequivocal statement in which he declares to revoke the agreement.
Our preference is to send an e-mail to firstname.lastname@example.org.
14.3.2 Without delay and in any event within 14 days from the day on which he communicates his decision to withdraw from the agreement to Guud, the customer shall return the goods. The customer shall bear only the direct costs of returning the goods.
14.4 Guud reimburses all payments received from the customer, including delivery costs, without delay and in any case within 14 days of the day on which it is informed of the customer-consumer's decision to withdraw from the agreement. Guud shall make the reimbursement using the same means of payment as that used by the customer-consumer during the original transaction, unless the customer-consumer has expressly agreed to a different means of payment and on the understanding that the customer-consumer may not incur any costs as a result of such reimbursement.
14.5 The purchased product may only be returned in its original condition and in its original packaging. The principle is that the Customer may only handle and inspect the product as he or she would be allowed to do in a physical shop. The Customer is liable for any depreciation of the products resulting from handling the products beyond what was necessary to establish the nature, characteristics and functioning of the products. Consequently, if the product is no longer saleable due, for example, to damage, the customer will be charged the price of the product.
14.6 Guud also refers in this respect to its Return Policy.
Article 15 : Protection of personal data
Article 16 : Intellectual property and security
16.1 No intellectual property rights are transferred to the customer.
16.2 The customer is not authorised to transfer any password received to third parties and must adequately protect his login details and password. The customer will compensate Guud in full and indemnify it for all damages resulting from the loss or disclosure, whether intentional or unintentional, of his/her login details and password.
Article 17 : Changes, proof and translations
17.1 Guud reserves the right to amend and/or supplement these general terms and conditions or any other terms and conditions at any time for future orders. It is therefore advisable to read these general terms and conditions and any other terms and conditions carefully with each new order. These general terms and conditions were last amended on: 19 October 2022.
17.2 The customer expressly accepts that the contract can be concluded electronically. The customer accepts that electronic communication and backups may serve as evidence.
17.3 The Dutch text of these general terms and conditions of Guud prevails over any translations.
Article 18 : Disputes and divisibility
18.1 All disputes are governed by Belgian law (with the exception of the provisions of the Vienna Sales Convention) and fall exclusively within the competence of the courts of the judicial district in which Guud's registered office is situated.
18.2 As a consumer, the customer also has the right to lodge a complaint with an independent disputes body. For this purpose, Guud refers to the European Commission's Online Dispute Resolution (ODR) website: ec.europa.eu/consumers/odr.
18.3 The possible nullity of one or more of the clauses of these general terms and conditions does not affect the applicability of all other clauses. In the event of nullity of one or more clauses or parts thereof, the customer and Guud shall, to the extent possible according to their conviction, negotiate to replace the void clause(s) by (an) equivalent clause(s) which comply with the general spirit of the concluded terms and conditions.