Terms and conditionsArticle 1 – Definitions
In these conditions is understood by:
- Geisha: GSH Webshop B.V.
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity and who enters into an agreement with Geisha.
- Distance contract: an agreement of which the General Terms and Conditions form part between Geisha and the consumer in the context of an organized system for distance sales of products, digital content and/or services, whereby, up to and including the conclusion of the agreement, use is exclusively or partly made of one or more techniques for distance communication.
- Additional agreement; an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by Geisha or by a third party on the basis of an agreement between that third party and Geisha.
- Durable data carrier; any tool - including email - that allows the consumer or Geisha to store information addressed to him personally in a way that facilitates future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information. Remote communication technology; means that can be used to conclude an agreement without the consumer and Geisha having to be together in the same room at the same time.
- Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period
- Reflection period: the period within which the consumer can make use of his right of withdrawal.
- Day: calendar day
GSH Webshop B.V.
1175 RA Lijnden
Phone number: 020 - 3880298
Email address: firstname.lastname@example.org
CoC number: 80627803
VAT identification number: NL8617.41.304.B01
Article 3 – Applicability
3.1 These general terms and conditions apply to every offer from Geisha, and every distance contract concluded between Geisha and the consumer.
3.2 Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.
Article 4 – The offer
4.1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
4.2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Geisha uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind Geisha.
4.3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
5.1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
5.2. If the consumer has accepted the offer electronically, Geisha will electronically confirm receipt of the acceptance of the offer. As long as Geisha has not confirmed the receipt of this acceptance, the consumer can dissolve the agreement.
5.3. If the agreement is concluded electronically, Geisha will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Geisha will take appropriate measures to this end.
5.4. The agreement is only concluded after acceptance of the order by Geisha. Geisha is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise an order is not accepted (for example due to previous fraud, a credit check and/or a notation on the blacklist), Geisha will notify this within two working days of receipt of the order.
5.5. Geisha can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If on the basis of this investigation, Geisha has good reasons not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution.
Article 6 – Right of withdrawal upon delivery of products
6.1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. Geisha may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s). The reflection period starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product.
Article 7 – Obligations of the consumer during the reflection period
7.1. During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer makes use of the right of withdrawal, the consumer will return the product with all accessories and - if reasonably possible - in the original condition and packaging to Geisha, in accordance with the reasonable and clear instructions provided by Geisha.
7.2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in Article 7.1.
Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof
8.1. If the consumer makes use of his right of withdrawal, he will report this to Geisha within the reflection period of 14 days.
8.2. The consumer will return the product as soon as possible, but within 14 days from the day following the notification referred to in Article 8.1. The consumer has, in any case, complied with the return period if he returns the product before the reflection period has expired.
8.3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Geisha.
Article 9 – Obligations of Geisha in case of withdrawal
9.1. If Geisha makes the notification of withdrawal by the consumer possible electronically, he will send a confirmation of receipt after receipt of this notification.
9.2. Geisha will reimburse all payments made by the consumer within 14 days following the day on which the consumer notifies him of the withdrawal.
9.3. Geisha will use the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
9.4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Geisha does not have to refund the additional costs for the more expensive method
Article 10 – Exclusion of right of withdrawal
10.1. If the consumer does not have a right of withdrawal, Geisha can only exclude this if Geisha has clearly stated this in the offer, at least in time for the conclusion of the agreement.
10.2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by Geisha in accordance with the consumer's specifications
b. that are clearly personal in nature
c. that cannot be returned due to their nature
Article 11 – The price
11.1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates and any other levies that may be imposed by the government.
11.2. The prices stated in the offer of products or services include VAT.
Article 12 – Conformity and warranty
12.1Geisha guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.
12.2. An arrangement offered by Geisha, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert with regard to a shortcoming in the fulfillment of the obligations of Geisha on the basis of the law and/or the distance contract.
12.3 Complaints and/or comments regarding the online order can be addressed directly to Geisha via the contact form, by telephone or by email.
12.4 Complaints and/or comments submitted will be answered as soon as possible, but no later than 14 days from the date of receipt. If a response requires a foreseeable longer processing time, Geisha will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
Article 13 – Delivery and execution
13.1. Geisha will take the greatest possible care when receiving and implementing orders for products.
13.2. The place of delivery is the address that the consumer makes known to Geisha.
13.3. In the webshop, it is clearly described in time for the conclusion of the agreement on how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will, in any case, be delivered within 30 days.
13.4. If Geisha is unable to deliver the products within the agreed term, it will notify the consumer. In that case, the consumer can agree to a new delivery date or the consumer is given the option to terminate the agreement free of charge.
13.5. With due observance of what is stated in article 4 of these general terms and conditions, Geisha will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after the consumer has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to any compensation. After dissolution, Geisha will refund the amount that the consumer has paid.
13.6. The risk of damage and/or loss of products rests with Geisha until the moment of delivery to the consumer or a pre-designated representative made known to Geisha unless expressly agreed otherwise.
Article 14 – Payment
14.1. Unless otherwise agreed, the payment of the order is always made entirely in advance; directly and online by means of one of the payment options facilitated by GSH and after approval of the payment intermediary (Payment Service Provider - PSP). If the consumer pays with a credit card, the money is immediately debited at the time of payment. No additional costs are charged for online advance payments. Additional costs are charged for online payments afterwards.
14.2. The consumer must clearly report inaccuracies in provided or stated payment details to Geisha.
Dutch law applies to this agreement.
Lijnden, December 2020