GENERAL TERMS AND CONDITIONS
We greatly appreciate your choice to become a customer of GT and enjoy our products and services!
These General Terms and Conditions are applicable to contracts with consumers (B2C) and contracts with customers, not being a consumer (B2B). These General Terms and Conditions are in addition to Dutch mandatory law protecting the rights of consumers, and are not in deviation thereof.
ARTICLE 1. IDENTITY OF GT
1.1 Name of GT: GT B.V.
1.2 KvK Number: 74201107
1.3 VAT Number: NL859807058B01
1.4 Email address: info@gt-bv.nl
ARTICLE 3. APPLICABILITY
3.1 These General Terms and Conditions apply to and form an integral part of every offer, quotation, proposal, order confirmation of GT and any Contract between GT and the Customer, including Distance Contracts, governing the legal relationship concerning the delivery of a Product by GT to the Customer, unless GT and the Customer have explicitly agreed in writing otherwise.
3.2 GT requires that the Customer is a member of GT by virtue of a valid Member Agreement. Without a valid Member Agreement it will not be possible for the Customer to make use of the Website and/or to conclude a (Distance) Contract with GT.
3.3 Customer accepts the applicability of the General Terms and Conditions through the sole fact of enquiring and/or ordering from GT.
3.4 The applicability of purchase conditions or other (general) conditions of the Customer are explicitly excluded and rejected, unless these are accepted in writing by GT in respect of any specific transaction.
3.5 GT may subcontract any (part of the) performance under the Contract to a third party. GT remains responsible to the Customer for the execution of the Contract, including for the performance by third parties in the same way as GT would be under these General Terms and Conditions and the Contract as if GT would have performed the Contract itself, unless the Customer has instructed the (use of the) third party.
ARTICLE 4. THE OFFER AND CONCLUSION OF A CONTRACT
4.1 All offers or quotations issued or made by GT are without any obligation for GT, unless stated otherwise in writing.
4.2 GT is not bound by any offer or quotation if the Customer can reasonably understand that the offer or quotation, or a part thereof, contains a mistake or a clerical error.
4.3 Any offer or quotation, even if it is irrevocable, may be withdrawn by GT, if the withdrawal reaches the Customer before or at the same time as the acceptance of the offer.
4.4 A Contract, as well as modifications and additions thereto, is concluded at the moment when accepted or confirmed in writing by GT or after GT started to perform the Contract.
4.5 If the reply to an offer by the Customer differs or contains additions, limitations or other modifications from the offer of GT (whether or not the difference/addition/limitation/modification pertains to points of minor significance), GT shall not be bound by the difference, additions, limitations or other modifications, unless GT states explicitly otherwise in writing.
4.6 If GT provides an offer or quotation consisting out a certain amount or range of Products, the quotation shall only apply if the Customer accepts the offer in full and takes delivery of the full range and number of Products. If the Customer only wants a part and/or not the complete number or range of offered Products, the price per Product shall be higher than a corresponding proportion of the quoted price, unless GT stated explicitly otherwise in writing in its offer or quotation.
4.7 Documentation materials in or accompanying any offer or, quotation in any form, are, unless stipulated otherwise in writing, for information purposes only and shall not be binding to GT. GT will observe the utmost care in providing any statements of prices, numbers, sizes, weight, colours, pictures and/or other (technical) specifications of the Products. Documentation, samples, drawings or models shown or provided are only indications of the Products concerned, and the Customer cannot derive any rights therefrom. GT does not guarantee the absence of any deviations. GT makes a reservation with regard to in the branch usual margins.
4.8 Offers and quotations of GT, and or any agreed deviations or additions thereto, do not automatically apply to future orders. The Customer cannot derive any rights from any offers, quotations and/or any agreed deviations or additions thereto, for other and/or future transactions.
4.9 Within the statutory parameters, GT may ascertain whether the Customer is capable of meeting his payment obligations and may also apprise itself of all facts and factors that are relevant to entering into a Distance Contract in a responsible manner. If, based on this investigation, GT has good reasons for not entering into a Distance Contract, it will be entitled to refuse an order or a request, which refusal must be substantiated, or it may apply special conditions to the execution of an order or a request.
4.10 In the event one or more Products are unavailable once the order has been placed, GT will inform the Customer as soon as possible. The price of the order will be recalculated and the Customer will debited the new amount, with the price of the unavailable item deducted. In case the Customer already made a payment, GT will refund the excessive amount without undue delay.
4.11 The Customer is solely responsible for the correct and complete provision of information necessary for GT to accept and complete the order, including but not limited to information about Customer’s address, payment details and Contract information and the timely supply thereof. GT cannot accept any liability for any error or inaccuracy in a Customer’s order.
ARTICLE 5. TERMS OF DELIVERY
5.1 The delivery time commences on the date the Contract is effectuated. If GT requires data or other information for the execution of the Contract that needs to be provided by Customer, the delivery time shall not commence until the Customer has provided to GT all required data or information, if this is later than the date of effectuation of the Contract.
5.2 At all times, GT shall be entitled to deliver the Products in instalments. In the event of a delivery in instalments, GT shall be entitled to invoice each partial delivery separately.
5.3 The Product can be sent by GT to the Customer or be picked-up by the Customer at the location agreed when concluding the Contract.
5.4 If the Product is to be delivered by GT at the address of the Customer, the delivery location is the address that the Customer has made known to GT. GT delivers in the Europe. GT reserves the right to suspend or cancel the order if a delivery address has been submitted which is not located in the Europe.
5.5 With regard to Customers, not being Consumers, delivery of the Products shall be warehouse in the Netherlands, in accordance with the most recent Incoterms of the International Chamber of Commerce in force at the time when the Contract is concluded, unless GT and Customer agreed otherwise. Delivery shall be deemed to have taken place at the time where the Products are made available to the Customer. Unless parties agreed otherwise in writing, all Products shall be transported for the account and risk of the Customer, even if GT has arranged the transport and/or where the dispatch is made carriage paid.
5.6 If the Customer, not being a Consumer, fails to collect the Products in full or in time or fails to provide information or instructions necessary for the delivery, (i) the Customer shall be in default without any notice of default being required and (ii) GT is entitled to store the Products at the expense and risk of the Customer or to sell them to a third party.
5.7 In case it concerns a Distance Contract, the following will apply. Taking into consideration Article 4 of these Conditions, GT will endeavour to implement accepted orders with efficient expedition. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the Consumer will be informed about this.
5.8 GT may make a self-pickup place available for the delivery of Products to the Customer. The Customer is entitled to choose Self Pickup if such service is available, which will be shown on the page of ordering process. The following conditions apply to the use of the Self Pickup Counter:
a. The Customer will receive a notification when the Products are ready for collection by the Customer by means of the self-pickup place.
b. The Products are deemed delivered to the Customer when the Products are released by the self-pickup place at the moment of collection. Once the Products are released, the Products are for the account and risk of the Customer and GT cannot be held liable for any loss or destruction of the Products as of that moment.
c. GT has the right to cancel the order in case the order has not been collected by the Customer within the timeslot chosen by the Customer when ordering the Product.
ARTICLE 6. PRICES
6.1 All prices for the Products presented on the Website or otherwise, are in Euros, net cash, without reduction and are inclusive of VAT, unless stated otherwise by GT in writing.
6.2 GT is entitled to modify the indicated prices at any time, before the conclusion of the Contract.
6.3 All cost estimates issued by GT shall be merely indicative, except where specified otherwise in writing by GT.
6.4 If a Contract is entered into and no definite price has been agreed upon, the Contract will be executed at the prices for the Product which are valid at the time of the conclusion of the Contract.
6.5 Any changes in factors affecting the price for the Products after the conclusion of the Contract will be recharged by GT to a Consumer, even if parties agreed upon a fixed price, provided that such changes are the result of statutory regulations or stipulations.
6.6 Any changes in factors affecting the price for the Products or GT’s additional costs, including, but not limited to purchase prices, exchange rates, import and export duties and other levies due upon import or export, insurance rates, freight rates and other levies or taxes after the conclusion of the Contract will be recharged by GT to a Customer, not being a Consumer, even if parties agreed upon a fixed price.
6.7 A Customer, not being a Consumer, shall indemnify GT against all damage, loss and/or cost that may ensue for GT from the fact that the Customer is not properly registered for VAT or similar tax purposes and/or that the Customer has issued incorrect data or has not on time issued data to GT.
ARTICLE 7. PAYMENT
7.1 Insofar as not otherwise stipulated in the Contract or additional conditions, the amounts owed by the Customer must be paid within fourteen (14) Days following the commencement of the Withdrawal Period or, if no Withdrawal Period does apply, within fourteen (14) Days following the conclusion of the Contract.
7.2 GT may require an advance payment up to 50% of the price from the Consumer, or 100% from the Customer, not being a Consumer. If an advance payment has been agreed, the Customer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
7.3 The following payment methods are accepted by GT: Bank Transfer, Credit cards and Ideal and any other payment method available on the payment page(if available) when the Product was ordered.
7.4 All outstanding amounts are immediately due and payable in the event of late payment of an agreed period or if the Customer becomes bankrupt.
7.5 If the Customer fails to fulfil its payment obligations on time, the Customer, after having been informed by GT of the late payment and after GT has granted the Customer an additional term of fourteen (14) Days to fulfil its payment obligations and the Customer still fails to fulfil its payment obligations within this additional term of fourteen (14) Days, will owe statutory interest on the amount still owed and GT will be entitled to charge the extrajudicial collection costs that it incurs.
7.6 If the Customer fails to meet its payment obligations (in time), GT may assign the relevant claim to a third-party.
ARTICLE 8. RETENTION OF TITLE
8.1 Notwithstanding the actual delivery, all Products delivered by GT shall remain the property of GT until such time, and the title to the Products will pass to Customer only after the Customer has fully paid any amounts in connection with Products delivered or to be delivered due to GT, including the Contract sum, any surcharges, interest, taxes and expenses that may be due in accordance with the Contract or these Terms and Conditions as well as any activities that may have been performed or are to be performed by virtue of such Contract. The Products delivered subject to retention of title will be for the account and risk of the Customer.
8.2 As long as the title to the Products has not passed to the Customer, the Customer shall not be entitled to lease, rent out or sell and deliver the Products to third parties or have third parties use them, to pledge them or otherwise encumber them in any way or position them out of control.
ARTICLE 9. GUARANTEE AND COMPLAINTS
9.1 Customers may be entitled to a full payment of Customer’s purchase of the Product if Customers request for refund within GT Guarantee after receiving Products that all have quality problems.In principle, if there is no quality problem, returns are not supported. Returns can only be made after negotiation and written consent. The costs was incurred during the process (including but not limited to transportation, etc.) are borne by the Customer.
9.2 Customer may be entitled to only a partial refund of Customer’s purchase, if the Product has not been damaged in full, with sufficient proof of the amount of the damage.
9.3 Under this limited guarantee, GT warrants that each Product that Customer purchases will be free from workmanship and material defects under normal usage in accordance with GT published Product materials during the warranty period. GT’s published Product materials include but are not limited to, the information and description on the commodity details pages, user manuals, guidelines, specifications, in-app and on-website notifications, and service communications.
9.4 If Customer’s Product does not function as warranted, Customer may obtain after-sales service by phone call or email. Also Customer can report the issue to GT online customer service and we will process trouble shooting and guild Customer the after sales service. Please note that the refund method for the Product will be the same as the method that is used in the ordering process (right of withdrawal). Customer will need to provide the Products, and as far as reasonably possible the original packages, for the warranty service.
9.5 The Customer is required to inspect, or to have inspected, the Products as soon as the Products are placed at the Customer’s disposal. In addition, the Customer must examine whether the quality and/or quantity of the delivered Product(s) matches the Contract and complies with the requirements agreed by parties.
9.6 The Customer must notify GT immediately in writing or by sending an e-mail to info@gt-bv.nl about any complaints concerning the Products. Any notification of a shortcoming/defect/complaint of the Customer should contain a description with the purchase order, the delivery date, a copy of the regarding invoice, the serial number of the Product and the nature of the shortcoming/defect/complaint as detailed as possible so that GT can respond adequately (‘Notification’).
9.7 GT will attempt to diagnose and resolve Customer’s problem by telephone and e-mail. If Customer’s problem cannot be resolved over telephone or email, GT will guide Customer to the after sales procedure and depending on the situation, will start the repair replacement, or refund process.
9.8 In case of visible deficiencies in the Product and/or failing quantities of the Product, the Customer must submit the Notification as mentioned in Article 9.6 of these Terms and Conditions, to GT in writing as soon as possible. Customers, not being Consumers, should do this within seven (7) Days after delivery of the Product and record these deficiencies and/or shortfalls on the relevant transport document. For all other defects or complaints with regard to the Product, the Customer, not being a Consumer, must submit a Notification to GT in writing immediately, or in any case within the time limit of seven (7) Days after the date on which the complaints, shortcomings and/or defects became known or might reasonably have been expected to become known to the Customer.
9.9 If it is established that a complaint cannot be substantiated by the Customer or if the if the complaint falls outside the scope of the warranty, the costs arising from the complaint and related thereto, including the costs for examination on the part of GT, shall be fully borne by the Customer, not being a Consumer, including administration costs, shipping costs and call-out charges. If it is established that a complaint cannot be substantiated or if the complaint falls outside the scope of the warranty, GT shall invoice the costs of any Product and the rectification of defects, that fall outside the scope of the warranty in accordance with its standard rates.
9.10 No warranty can be invoked in case of:
a. External and internal damage caused by non-Product defects. Include but not limited to, operational error;
b. Damages caused by improper installation, incorrect usage, or operation not in accordance with official manuals and instructions;
c. Damage caused by the issues of reliability or compatibility when using unauthorised third-party parts;
d. Damage by non-GT software programs, whether provided with the Product or installed subsequently;
e. Damage resulting from non-GT technical or customer service support, for example, received the assistance with “how-to” questions or inaccurate Product set-up and/or installation;
f. Products or parts with an identification label that has been removed or altered;
g. Damage caused by unauthorised modification, disassembly, or cover opening not in accordance with official instructions or manuals;
h. Damage caused by unauthorised modification of circuits and mismatch or misuse of the battery and charger;
i. Damage caused by unauthorised service providers.
ARTICLE 10. COMPLIANCE WITH THE CONTRACT AND ADDITIONAL GUARANTEE
10.1 GT guarantees that the Products comply with the Contract, the specifications stated in the offer, reasonable requirements regarding reliability and/or usability and the statutory provisions and/or government regulations in force on the date on which the Contract was concluded. If so agreed, GT also guarantees that the Product is suitable for other than normal use.
10.2 An additional guarantee provided by GT may never limit the legal rights and claims that the Consumer may enforce against GT by virtue of the Contract if GT fails to perform its part of the Contract.
10.3 An additional guarantee means each obligation assumed by GT under which GT grants the Customer certain rights or claims that, in terms of scope, exceed those that GT is required to grant by law if it has failed to perform its part of the Contract.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1 The Website and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, icons, graphics, products, associated products, etc. to be found on the Website are the exclusive property of GT, its affiliated companies, its licensors or its content providers. GT does not grant any license or any entitlement to Customers or any third parties other than that of consulting the Website. Any use or reproduction, in whole or in part, of these elements is authorized exclusively for information purposes only, for personal and private use, with any reproduction and any use of copies made for other purposes being expressly prohibited.
11.2 Customer undertakes not to infringe or to attack GT’s (intellectual property) rights in any way, directly or indirectly, by use or otherwise and acknowledges that GT is the beneficiary with regard to these rights.
11.3 Customer shall ensure that all information received from GT that is known or should reasonably be known to be of a confidential nature is kept secret and Customer will not disclose any of such information to any third party. The Customer shall only use such confidential information for the purpose for which it has been provided by GT. Information shall in any event be regarded as confidential if it is designated as such by GT.
ARTICLE 12. LIABILITY AND INDEMNITY
12.1 Without prejudice to any rights Consumers might have, and to any restrictions imposed on the limitations of liability stated below by the laws of Consumer’s country of domicile and thus to the extent permitted by law, the liability of GT is limited in the following way.
12.2 GT will not accept liability for:
a. any interruption to the Website;
b. any damage or loss resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Website;
c. non-fulfilment of orders due to stock shortages;
d. Products not obtained via the Website;
e. Products damaged by normal wear and tear; or
f. Products that have exceeded the reasonable lifespan of the Product.
12.3 Without prejudice to Article 12.1 and Article 12.2 and to the extent permitted by law, any liability on the part of GT for an attributable failure to comply with any of its obligations under any Contract and/or these Terms and Conditions, explicitly including any failure to comply with a warranty obligation agreed with the Customer, based on a tort, or due to any other reason or on any other ground, shall in all cases be limited to the amount that GT receives from its insurer under its commercial liability insurance in relation to the damage for which Customer has held GT liable.
12.4 Without prejudice to Articles 12.1, 12.2 and 12.3 and to the extent permitted by law, if no insurance payments are made in relation to the damage in question, the total liability of GT shall to the extent permitted by law, in all circumstances be limited to the price of the Product paid by the Customer.
12.5 In no circumstances will GT be liable to Customer for any special, consequential, indirect, criminal or incidental loss, including but not limited to losses caused by delays, lost profits, lost savings, increased operational costs, damages or loss as a result of claims from Customer’s customers, loss of customers, loss of goodwill, damages or loss in connection with the use of items, materials, services provided by third parties that GT is instructed to obtain by the Customer and damages and loss in connection with the engagement of third parties by GT on the Customer’s instruction etc., howsoever caused, regardless of the basis of liability, and regardless of whether it was advised in advance of the possibility of such damages arising in any way from the Contract or otherwise. The liability of GT due to destruction or loss of data is also excluded.
12.6 The restrictions and exclusions referred to in Article 12.2 up to and including Article 12.5 above shall no longer apply if and in so far as the damage in question is solely caused by an intentional act or gross negligence on the part of the management of GT.
12.7 Customer’s right to any damage compensation is always conditional to the notification thereof to GT in writing immediately upon occurrence. Any claim for damages against GT is extinguished automatically by the mere passage of twelve months after the inception of the claim.
ARTICLE 13. FORCE MAJEURE
13.1 If force majeure of a temporary or permanent nature prevents the Contract from being (further) implemented, GT is entitled to dissolve the Contract in whole or in part, without any obligation to pay compensation, or to suspend the (further) execution of the Contract. In the event of suspension, GT is still entitled to declare the Contract wholly or partially dissolved. If a force majeure situation occurs, GT immediately informs the Customer thereof and keep it informed of the development of the force majeure situation.
13.2 Force majeure is in any case understood to mean any situation in which GT cannot exercise any influence and as a result of which it cannot reasonably fulfill its obligations, as well as, if not already included, government measures, quotas, (industrial strike, (civil) war, danger of war, pandemics, epidemics, riot, occupation, illness, molestation, fire, water damage, flood) , company occupation, defective counterry, disruptions in the supply of energy, storage and transport difficulties, suppliers’ default on the goods required for the delivery of Products from GT and furthermore all circumstances, in which there is no reasonable reason (anymore) GT can be expected to (further) fulfil its obligations towards the Customer.
ARTICLE 14. TERMINATION OF THE CONTRACT
14.1 If the Customer fails to fulfil one or more of his obligations under the Contract or for other reasons, as well as when the Customer is declared bankrupt, or when the Customer otherwise loses the free disposal of his assets, GT is entitled – without prejudice to all other statutory and contractual rights of GT - to immediately suspend the Contract without notice of default and / or judicial intervention, or to rescind or terminate the Contract. Any and every amount owed by the Customer is immediately due and payable in full. Products that are already supplied by GT have been delivered but not yet paid for, must then be sent to GT to collect these Products, and without prejudice to the right of GT to compensation for damage, costs and interest.
14.2 If GT rescinds or terminates the Contract for reasons as stated in above Article 14.1, the Customer will have the opportunity to download its user account information and its membership information within 30 Days after GT’s notice to you. In any other case, your user account information and membership information will be deleted after three years of inactivity. For more information on how your personal data is processed, we refer to our Privacy and Cookie Policy.
ARTICLE 15. MISCELLANEOUS
15.1 The Customer shall not be entitled to transfer its rights and/or obligations under a Contract to any third party, without GT’s prior written consent.
15.2 GT shall be entitled to alter these General Terms and Conditions and the Special Conditions or make any additions thereto unilaterally. GT shall notify the Customer thereof in writing. Unless: (i) the Customer informs GT in writing, that it does not accept the changes and/or additions within fourteen (14) Days after the date of the notification of GT; or (ii) the Customer continues making use of the Website, the Member shall have accepted such modifications and additions.
15.3 If, at any time, one or more provisions of these General Terms and Conditions are fully or partially void or voidable, the remaining provisions of these General Terms and Conditions will remain in full force and effect. In such an event, GT and the Customer will consult each other in order to agree on new provisions which are not void and voidable to replace the void or voidable provisions and which new provisions as closely as possible corresponds with the void and voidable provision, whereby the intent and meaning of the original provisions shall be taken into account as far as possible.
15.4 Disputes between GT and the Customer to which these General Terms and Conditions apply are exclusively governed by Dutch law.
CONDITIONS THAT ONLY APPLY TO DISTANCE CONTRACTS
ARTICLE 16. APPLICABILITY
16.1 In case of a Distance Contract in addition to the provision set forth in Article 1 up to and including Article 15 of these General Terms and Conditions the provisions set forth in Article 16 up to and including Article 22 of these General Terms and Conditions are equally applicable. In case of discrepancies between the first mentioned articles and the latter mentioned articles, the provisions laid down in the latter mentioned articles of these General Terms and Conditions shall prevail.
ARTICLE 17. DISTANCE CONTRACT: RIGHT OF WITHDRAWAL WITH RESPECT TO THE DELIVERY OF PRODUCTS
17.1 When Customer purchases a Product at GT, Customer will have 30 days to decide whether to keep the Product or not for a non-food Product and 14 days for food Products (excluding fresh goods) after delivery. The Product to which a refund would apply should be taken care of and should be in like-new condition during the cooling-off period (check Point 1 below). If so, the Products can be applied for a return and refund process (check Point 2).
Below the Right of Withdrawal and its limitations are further specified with regard to different Product categories.
Point 1 Description of taking care of the products
During the Withdrawal Period, please handle the Product, the accessories, the price tag, and the original packaging with care. Unpacking or using the Product for essential inspection purposes is acceptable. This includes checking the Product quality and the appearance. The basic principle is to handle and inspect the Product as if it was being checked in the store. In case of handling the Product beyond the mentioned inspection handling and in case of Product depreciation, the Product will be considered as handled carelessly which may have as a consequence that no refund will be provided.
Point 2 Return and refund Product categories
Products that are unavailable to return or refund, of which the Customer could be informed via GT customer support, or the policy, or the commodity details pages
Point 3 Condition in which the Product must be
General standard of returning Products under good conditions
1. Like-new condition:
During the cooling-off period, please handle the Product carefully, for examples keep the accessories, the price tag, the original packaging, the gifts from the order, the user manual, the repair card (if have), the without functional and appearance damage, dent, tear and ware, anti-counterfeiting still remains, entry of foreign bodies (water, oil, sand, etc.)
2. The packaging of the Products:
Some Products may require to keep the original packaging. The Products include but not limited to electronic Products, electrical appliances, lamps, the packages have high value, such as the packaging of the watch, jewellery, computer, and laptop.
3. The seal remains sealed:
Health, hygiene, beauty Products, books, CDs are still sealed
ARTICLE 18. THE CONSUMER’S EXERCISE OF THE RIGHT OF WITHDRAWAL AND ASSOCIATED COSTS
18.1 If the Consumer decides to exercise its Right of Withdrawal, the Consumer must, within the Withdrawal Period, use the Standard Withdrawal Form or another equal means of giving notice to GT that the Consumer is exercising this right.
18.2 The Consumer should return the Product or hand the Product over to GT or to an authorised representative of GT as soon as possible and in any case within fourteen (14) Days of the Day following the one on which the notice referred to in Article 18.1 was given. The Consumer does not need to do this if GT has offered to collect the Product. The Consumer will in any case have complied with the term for returning the Product if the Consumer returns the Product prior to the end of the Withdrawal Period.
18.3 The Consumer must return the Product and all accessories delivered in the original state and packaging if reasonably possible and in accordance with GT’s reasonable and clear instructions.
18.4 The risk and burden of proof with respect to the proper exercise of the Right of Withdrawal within the applicable period of time lies with the Consumer.
18.5 The Consumer will bear the direct costs of returning the Product. The Consumer will not be required to bear the costs of returning the Product if GT has not stated that the Consumer must bear these costs or if GT states that it will bear these costs.
ARTICLE 19. OBLIGATIONS OF GT IN THE EVENT OF WITHDRAWAL
19.1 GT will send confirmation of receipt of the notice of withdrawal without delay after receiving this notice.
19.2 GT will reimburse all payments made by the Consumer, for the returned Product without delay and in any case within fourteen (14) Days following the Day on which the Consumer gives notice that the Right of Withdrawal is being exercised. Unless GT offers to collect the Product, it may defer repayment until it has received the Product or until the Consumer has shown that it has sent the Product back, whichever event occurs first.
19.3 To effect repayment, GT will use the same method of payment that the Consumer used, unless the Consumer agrees to a different method. The repayment will take place at no cost to the Consumer.
ARTICLE 20. EXCLUSION OF THE RIGHT OF WITHDRAWAL
20.1 GT has excluded the applicability of the Right of Withdrawal for the following Products and services, which means that the Consumer does not have a Right of Withdrawal in respect of the following:
a. Products or services of which prices are subject to fluctuations on the financial market over which GT has no influence and which can occur within the Withdrawal Period;
b. Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers Products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the Products and/or services;
c. Service Contracts, after performing the service in full, but only if:
(i) performance commenced with the express prior agreement of the Consumer; and
(ii) the Consumer has stated that it will lose the Right of Withdrawal as soon as GT has performed the Contract in full.
d. Service Contracts for the provision of accommodation, if a specific date or period of performance is provided for in the Contract and other than for residential purposes, transport of goods, vehicle hire services, and catering.
e. Contracts in connection with leisure activities, if a specific date or period of performance is provided for in the Contract.
f. Alcoholic drinks whose price is agreed on entering into the Contract, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations of the market upon which the entrepreneur has no influence.
g. Products manufactured in accordance with the specifications of the Consumer that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or that are clearly personalised or intended for a specific person;
h. The Contract for the provision of services in respect of the carriage/transport of Products;
i. Products subject to rapid decay or with a limited shelf-life;
j. Sealed Products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
k. Products which are, after delivery, according to their nature, inseparably mixed with other items;
l. Sealed audio/video-recordings and computer apparatus of which the seal was broken after delivery;
m. After delivery of digital content other than on a material carrier, but only if:
a. the performance was begun with the express prior consent of the Consumer; and
b. the Consumer has declared that they lose their Right of Withdrawal once the entrepreneur has fully implemented the Contract;
n. Newspapers, periodicals or magazines, with the exception of subscriptions to these.
ARTICLE 21. ADDITIONAL OR DEVIATING PROVISIONS
21.1 Additional or deviating provisions of 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 in an accessible manner by the Consumer.
AFTER SALES POLICY
GT guarantees that, subject to the conditions, the available after sales service solutions, return and refund service, replacement service and repair service, can be requested. Please contact GT for more details. For refund service, Customer will be required to upload the proof of the issues (if available) in the refund order via GT system.
EXCLUSION OF RETURN AND REFUND
In the following cases a return or refund can be refused:
1) It is requested beyond the GT Fresh Goods Guarantee for fresh Products, fourteen (14) days for food products, or thirty (30) calendar days for non-fresh products after receiving.
2) Perishable goods: Products that spoil quickly or have a limited shelf-life.
3) Sealed Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
4) A Product sent to GT for Return & Refund Service does not include all original accessories, attachments or packaging, or any item is not in new or like-new condition, i.e. with cracks, dents or scratches.
5) Products that are irrevocably mixed with other Products after delivery/unsealed.
6) Sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
7) Newspapers, periodicals or magazines, with the exception of subscriptions.
8) Tickets: e.g. cinema ticket, transportation tickets, concert tickets, hotel tickets, car rental reservations, telephone cards, prepaid top-up cards cannot be exchanged or reimbursed.
9) A legal proof of purchase, receipt or invoice is not provided or is reasonably believed to have been forged or tampered with.
10) Fault or damage of the Product is caused by unauthorized use or modification of the Product, including exposure to moisture, entry of foreign bodies (water, oil, sand, etc.) or improper installation, improper operation or storage at improper temperature.
11) Product labels, serial numbers, waterproof marks, etc. show signs of tampering or alteration.
12) Damage is caused to the Product by uncontrollable external factors after delivery, such as fire, floods, high winds or lightning strikes.
13) If the credit or the coupon have already expired on the day of request for refund, the coupon and the credit will not be returned.
Others
For specific rules, please refer to the commodity details pages or contact customer service.