Introduction

These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.

  • Definitions
    • Gear Solutions: based in Zutphen and registered with the Chamber of Commerce under file number 82681244, trading as Gear Solutions.
    • Website: the Website of Gear Solutions, to be found on gearsolutions.nl and all of its subdomains.
    • Customer: the natural person or corporation who agrees with Gear Solutions and/or is registered on the Website.
    • Agreement: any arrangement or agreement between Gear Solutions and Customer of which the General Terms and Conditions are an integral part.
    • General Terms and Conditions: these are General Terms and Conditions.
  • Applicability of the General Terms and Conditions
    • The General Terms and Conditions apply to all offers, agreements, and deliveries of Gear Solutions unless explicitly agreed otherwise in writing.
    • If the Customer in his order, confirmation, or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon Gear Solutions if and in so far as Gear Solutions has accepted them in writing.
    • In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
  • Prices and information
    • All prices posted on the Website and in other materials originating from Gear Solutions include taxes and other levies imposed by the government unless stated otherwise on the website.
    • If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
    • The content of the Website is composed with the greatest care. Gear Solutions cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Gear Solutions are subject to obvious programming and typing errors.
    • Gear Solutions cannot be held responsible for deviations in color that result from the quality of the colors displayed on the screen.
  • Conclusion of the Agreement
    • The Agreement will be deemed to be concluded at the moment the Customer accepts the offer of Gear Solutions subject to the conditions laid down by Gear Solutions.
    • If the Customer has accepted the offer by electronic means, Gear Solutions will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, the Customer will have the possibility to terminate the Agreement.
    • If it is found that, in accepting or otherwise entering into the Agreement, the Customer has provided incorrect data, Gear Solutions will have the right to postpone the Agreement until the correct data is received.
  • Registration
    • To make optimal use of the Website, Consumers can register using the registration form/the account sign-in option on the Website.
    • During the registration process, the Consumer will be asked to choose a username and password with which he can log on to the Website. Consumer alone is responsible for choosing a sufficiently reliable password.
    • Consumer must keep its login credentials, user name, and password strictly confidential. Gear Solutions cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Consumer who logs on to the Website is the party that it professes to be. The consumer is responsible for and bears the full risk of any actions and transactions performed via the Consumer’s account.
    • If Consumer knows or has reason to suspect that its login details have become available to unauthorized parties, it will be required to change its password as soon as possible and/or to notify Gear Solutions accordingly to allow Gear Solutions to take appropriate measures.
  • Execution of the Agreement
    • As soon as Gear Solutions has received the order, it will send the products to the Consumer without delay and with due regard for the provisions of paragraph 3 of this article.
    • Gear Solutions is authorized to engage third parties in the fulfillment of its obligations under the Agreement.
    • In principle, the delivery term is 14 days. Delivery may be effected in various ways, at the discretion of Gear Solutions.
    • If Gear Solutions is unable to deliver the products within the agreed term, it will notify the Consumer accordingly. In that case, the Consumer can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.
    • Gear Solutions advises Consumers to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
    • The risks associated with the products will transfer to the Consumer as soon as the products are delivered at the agreed delivery address.
    • If the ordered product can no longer be supplied, Gear Solutions is entitled to deliver a product that is comparable in nature and quality to the ordered product. In that case, the Consumer will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.
  • Delivery, risk, and ownership
    • All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process.
    • Your Order might be delivered to you by drop shipment. This means that Our supplier delivers your order directly to you. This means We do not have the chance to verify the Order. We only cooperate with the best suppliers, but if the goods (s) delivered do(es) not comply with your Order, we ask you to contact Us as soon as possible. The foregoing shall be without prejudice to the potential mandatory warranties which you have under the applicable law.
    • It is your responsibility to enable the delivery at the agreed place in your presence or the presence of a third party appointed by you. Delivery shall be deemed to have taken place as soon as the ordered Goods have been offered to you once. If an offered delivery is unsuccessful as a result of a shortcoming on your part or as a result of a shortcoming on the part of the third party designated by you, any costs of new delivery attempts will be entirely at your expense.
    • We use reliable external parties for the delivery, such as; GLS, DHL, UPS, DPD, and PostNL but not limited to. The use of external parties may influence the delivery. In the event of a non-delivered Order, an investigation shall immediately be carried out at the carrier’s premises. This takes several days, during which the Order cannot be refunded or re-shipped. In such an event, the start of the withdrawal period will be suspended until you have received the Goods.
    • If we do not succeed in delivering the Order at the agreed time, you can request that the delivery is made within an additional period that is appropriate to the circumstances. If We fail to deliver within the additional period, you have the right to terminate the Contract. In case of termination, We will refund any sums paid as soon as possible and ultimately within fourteen (14) calendar days after the termination of the Contract. Exceeding the delivery time does not give rise to any other (damage) compensation.
    • Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
  • Right of withdrawal/return
    • This article only applies if the Consumer is a natural person who is not acting in his or her professional or commercial capacity. Business Consumers, therefore, have no right to withdraw.
    • Consumer will have the right to dissolve the distance Agreement with Gear Solutions within 14 days after receiving the product, free of charge and without stating reasons.
    • The term commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
      • if the delivery of a product involves different deliveries or parts: the day on which Consumer, or a third party designated by Consumer, received the last delivery or the last part;
      • with contracts for the regular delivery of products during a given period: the day on which Consumer, or a third party designated by Consumer, received the last product;
      • if Consumer has ordered several products: the day on which Consumer, or a third party designated by Consumer, received the last product.
    • Only the direct costs incurred for the return shipment are for Consumer’s account. This means that the Consumer will have to pay the costs of returning the product. Any shipping costs paid by Consumer and the purchase price paid for the product will be refunded to Consumer if the entire order is returned.
    • During the withdrawal period referred to in paragraph 1, Consumer will treat the product and its packaging with the utmost care. Consumers may not open the packaging or use the product unless this is necessary to determine the nature of the products, their features, and their operation.
    • Consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted.
    • Consumer can terminate the Agreement per paragraph 1 of this article by reporting the withdrawal (digital or in another form) to Gear Solutions, within the withdrawal period, using the model form for right of withdrawal or in some other unequivocal way. If Gear Solutions makes it possible for the Consumer to declare his withdrawal via electronic/digital means, then after receiving such a declaration, Gear Solutions sends immediate confirmation of receipt.
    • As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, the Consumer shall return the product, or hand it over to (a representative of) Gear Solutions. Consumers can ask by mail for a return. Customers will receive a link to the return portal.
    • Any amounts already paid by Consumer (in advance) will be refunded to Consumer as soon as possible, and in any case within 14 days after the dissolution of the Agreement. If Consumer chose an expensive method of delivery in preference to the cheapest standard delivery, Gear Solutions does not have to refund the additional costs of the more expensive method. Except in cases in which Gear Solutions has offered to retrieve the product himself, he can postpone refunding until he has received the product or until Consumer proves he has returned the product, depending on which occurs earlier.
    • Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
    • The right of withdrawal does not apply to:
      • Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken after delivery;
      • Masks where the protective cover has been removed. (you can fit test the mask without removing the protective cover)
  • Payment
    • Customer shall pay the amounts due to Gear Solutions by the ordering procedure and any payment methods indicated on the Website. Gear Solutions is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery Customer will be given a term of payment of 14 days entering on the day after delivery.
    • If the Customer does not complete his payment obligation, he will be indebted to the legal interest over the belated payment. Gear Solutions needs to remind the Customer of the belated payment and Gear Solutions has to give the Customer a term of 14 days to complete the payment obligation. After failing this 14 days term Gear Solutions is allowed to recover any extrajudicial debt collection costs on the Customer. These debt collection costs are not higher than: 15% of the open payment with a maximum of € 2.500,-; 10% of the next € 2.500,- and 5% over the next € 5.000,- with a minimum of € 40,-. Gear Solutions is allowed to deviate from the named amounts and percentages to the advantage of the Customer.
  • Warranty and conformity
    • This article only applies if the Consumer is a natural person who is not acting in his or her professional or commercial capacity. If Gear Solutions gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Consumers.
    • Gear Solutions guarantees that the products conform with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Gear Solutions also guarantees that the product is suitable for other than normal use.
    • If the delivered product is not in conformity with the Agreement, the Consumer must inform Gear Solutions within a reasonable period after he has discovered the defect.
    • If Gear Solutions deems the complaint to be correct, the faulty product(s) will be repaired, replaced, or refunded in consultation with Consumer. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by Consumer for the product.
  • Warranty on business purchases
    • Gear Solutions guarantees that the products conform with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Gear Solutions also guarantees that the product is suitable for other than normal use. Otherwise, it applies that the product is suitable for normal use.
    • If the delivered product is not in conformity with the Agreement, the Customer must inform Gear Solutions within a reasonable period after he has discovered the defect.
    • If Gear Solutions deems the complaint to be correct, the faulty product(s) will be repaired, replaced, or (partially) refunded in consultation with the Customer.
  • Complaints handling procedure
    • If the Customer has any grievances in connection with a product (by the article on warranties and conformity) and/or about other aspects of Gear Solutions’ service, they can submit a complaint by email. See the contact details at the bottom of the General Terms and Conditions.
    • Gear Solutions will respond to the complaint as soon as possible, and in any case within 2 days after having received it. If it is not yet possible for Gear Solutions to formulate a substantive reaction to the complaint by that time, Gear Solutions will confirm receipt of the complaint within 2 days after having received it and indicate the term within which it expects to be able to give a substantive or definitive reaction to Customer’s complaint.
    • If the Customer is a natural person who is not acting in his or her professional or commercial capacity, he can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
  • Liability
    • This Article only applies if the Consumer is a natural person or a legal entity who is acting in a professional or commercial capacity.
    • The liability of Gear Solutions in respect of Consumers for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data, and damage due to business interruption is excluded.
    • Aside from the cases referred to in the two previous paragraphs of this Article, Gear Solutions is not subject to any liability at all in respect of Consumer for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Gear Solutions.
    • Gear Solutions will only be liable to Consumer on account of an attributable failure in the performance of an agreement if Consumer issues a proper notice of default to Gear Solutions without delay stipulating a reasonable period in which to remedy the failure, and Gear Solutions also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable Gear Solutions to provide an adequate response.
    • Any event giving the right to compensation is always subject to the condition that Consumer reports the damage or loss in writing to Gear Solutions as soon as possible, but no later than within 30 days after the damage or loss has arisen.
    • In the event of force majeure Gear Solutions is not liable to pay compensation for any damage or loss Consumer has incurred as a result.
  • Retention of title
    • As long as Business Consumer has not made any full payment on the total amount agreed Gear Solutions will retain ownership of all the goods delivered (including possible debt collection costs and interest).
    • Before the transfer of ownership, the Business Consumer is not authorized to, other than corresponding to his normal company and normal destination of the goods, sell, deliver, or any other way of misappropriation. Furthermore, Business Consumer is not allowed to pawn the goods or to give any rights regarding the goods to third parties as long as the transfer of ownership has not been completed.
    • Business Consumer is obliged to keep any goods that are delivered under reservation of ownership with care and recognizable as property of Gear Solutions.
    • Gear Solutions is entitled to withdraw any goods delivered under reservation of ownership and in the possession of Business Consumer if Business Consumer has neglected to pay the invoices or has been confronted with payment difficulties.
    • Business Consumer shall give Gear Solutions access to his goods at any time to inspect and/or to exercise the rights of Gear Solutions.
  • Personal details
    • Gear Solutions will process the Consumer’s details by the privacy statement published on the Website.
  • Final provisions
    • This agreement is governed by the laws of the country of establishment of the webshop.
    • Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Gear Solutions has its registered office.
    • If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as possible under the law.
    • The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.

Contact details

Should you have any questions, complaints, or comments after reading these General Terms and Conditions, please contact us by email or letter.

Email: info@gearsolutions.nl

Chamber of Commerce: 82681244
VAT: NL003713197B31