TERMS AND CONDITIONS
Terms and Conditions
This website is operated by Guizamo. Throughout the site, the terms "we", "us", "our", and "entrepreneur" refer to Guizamo. Guizamo offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Service Terms", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Service Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Service Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Service Terms. If you do not agree to all the terms of this agreement, then you may not access the website or use any services. If these Service Terms are considered an offer, acceptance is expressly limited to these Service Terms.
All new features or tools which are added to the current store shall also be subject to the Service Terms. You can review the most current version of the Service Terms at any time on this page. We reserve the right to update, change or replace any part of these Service Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Service Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and (a) involve transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
- Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
- Day: July 1, 2023;
- Continuing transaction: an agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same space.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
- Email address: info@guizamo.com
- Chamber of Commerce number: 87586746
- VAT number: NL 004440899B56
- Address: Van Renesseborch 57, 3341 RC, Hendrik Ido Ambacht (no visiting address and/or return address. Returns to this address will not be refunded).
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request.
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 can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request, electronically or in another manner.
In the event that alongside 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 can always invoke the provision that is most favorable to him.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these conditions shall remain in force and the relevant provision shall be replaced by mutual agreement as soon as possible.
Situations not regulated by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
Ambiguities in the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. 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.
All images, specifications, data in the offer are indications and cannot lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
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, excluding customs clearance costs and import VAT. These additional costs shall be borne by the customer at their own risk. With regard to import, the postal and/or courier service will use the special arrangement for postal and courier services. This arrangement applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects VAT (whether or not together with the invoiced customs clearance costs) from the recipient of the goods;
- any shipping costs;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and performance of the agreement;
- the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
- whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- the manner in which the consumer, prior to concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuing transaction.
Optional: available sizes, colors, types of materials.
ARTICLE 5 - THE AGREEMENT
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.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of 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.
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 take appropriate security measures.
The entrepreneur may, within the law, obtain information - within the framework of the law - about the consumer's ability to fulfill his payment obligations, as well as about all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
The entrepreneur shall provide the consumer with the product or service information in such a way that the consumer is able to assess the obligations to be fulfilled under the agreement as well as possible, before the distance contract is concluded.
The entrepreneur will send the following information together with the product or service, in writing or in such a way that the consumer can store it on a durable medium in an accessible manner:
- the visiting address of the entrepreneur's business establishment where the consumer can turn with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on guarantees and existing service after purchase;
- the price, including all taxes on the product or service; all within the same system for data communication, the cost of distance communication in case the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
- if the right of withdrawal is not applicable, the consumer's clear notification of the exclusion of the right of withdrawal or the corresponding application of the right of withdrawal; and
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In case of a continuing transaction, the previous paragraph applies only to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to terminate the agreement without giving any reason for at least 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a designated representative by the consumer and provided the entrepreneur was informed before the cooling-off period expired.
During the cooling-off period, the consumer will handle the product and packaging carefully. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The point is that the consumer can only handle and inspect the product as he would in a store.
The consumer is only liable for the product's depreciation if his use of the product goes beyond that allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur does not provide him with all the legal information about the right of withdrawal before or during the cooling-off period.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
If the consumer exercises his right of withdrawal, he must pay no more than the cost of returning the product.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Here's the translation of "ARTIKEL 8 - EXCLUSION RIGHT OF WITHDRAWAL":
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ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
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 shall only apply if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that are made according to the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- where the price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal;
- for hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
- where the delivery has commenced with the consumer's express consent before the cooling-off period has expired;
- concerning bets and lotteries.
ARTICLE 9 - THE PRICE
I reserve the right to change the prices of the offered products and/or services during the validity period mentioned in the offer, also as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may 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 dependency on fluctuations and the fact that any prices mentioned are indicative shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
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 from the day the price increase takes effect.
Delivery is based on Article 5, first paragraph, of the Dutch Turnover Tax Act 1968 in the country where the transport commences. In this case, delivery takes place outside the EU. Following this, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
ARTICLE 10 - CONFORMITY AND WARRANTY
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the legal 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 uses other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims under the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in their original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- the consumer has repaired or modified the delivered products themselves or had them repaired or modified by third parties;
- the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or handled on the packaging;
- the defectiveness is wholly or partly the result of regulations that the government has or will set regarding the nature or quality of the materials used.
**ARTICLE 11 - PERSONAL INFORMATION**
Your submission of personal information through the store is subject to our Privacy Policy. To view our Privacy Policy.
**SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS**
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). .
We are under no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to price information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.