Terms and Conditions GCAgrading

Email: info@gcagrading.com
Website: https://www.gcagrading.com/




Article 1 – Definitions

GCAgrading: GCAgrading, located in Loja, Spain

Customer: the person with whom GCAgrading has entered into an agreement.

Parties: GCAgrading and Customer together.

Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 – Applicability

These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of GCAgrading.

GCAgrading and the Customer can only deviate from these conditions if this has been agreed in writing.

GCAgrading and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.
Article 3 – Prices



GCAgrading uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.

GCAgrading may always change the prices of its services and products on its website and in other communications.

Increases in the cost prices of products or parts thereof, which GCAgrading could not have foreseen at the time of making the offer or concluding the agreement, may give rise to price increases.

The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.

Article 4 – Samples and Models

When the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.
Article 5 – Payments and payment terms

GCAgrading may require a down payment of up to 50% of the agreed amount upon entering into the agreement.

The Customer must make a subsequent payment within 7 days after delivery.

The payment terms that GCAgrading uses are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without GCAgrading having to send the Customer a reminder or give notice of default.

GCAgrading may make delivery subject to immediate payment or require security for the total amount of the services or products.


Article 6 - Right to complain

If the Customer is in default, GCAgrading may invoke the right of recovery with regard to the unpaid products delivered to the Customer.

GCAgrading exercises its right of complaint by sending a written or electronic notice to the Customer.

As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the products in question to GCAgrading, unless otherwise agreed in writing.

The Customer pays the costs for retrieving or returning the products in paragraph 3.

Article 7 - Right of withdrawal



A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:
the product has been used
it is a product that can spoil quickly, such as food or flowers
it is a product that has been tailor-made or adapted especially for the consumer
it is a product that cannot be returned for hygienic reasons, such as underwear or swimwear
the seal is not intact when it concerns data carriers with digital content, such as DVDs or CDs
the product or service concerns accommodation, a trip, a restaurant business, transport, a catering assignment or a form of leisure activity
the product is a separate magazine or newspaper
the consumer has waived his right of withdrawal
The reflection period of 14 days in paragraph 1 starts:

on the day after the consumer has received the last product or part of 1 order

as soon as the consumer has confirmed that he will purchase digital content via the internet

The consumer can make use of his reflection period by sending an email with that subject to info@gcagrading.com, possibly using the withdrawal form available on the GCAgrading website, https://www.gcagrading.com/.

The consumer must return the product to GCAgrading within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Article 8 – Reimbursement of delivery costs

If the consumer has revoked his purchase on time and has returned the complete order to GCAgrading on time, GCAgrading will refund any shipping costs paid by the consumer to the consumer within 14 days after receipt of the fully returned order on time.

 

refund.
The costs for delivery will only be borne by GCAgrading to the extent that the entire order is returned.


Article 9 - Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs.

Article 10 – Right of Retention

GCAgrading may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices of GCAgrading, unless the Customer has provided sufficient security for those costs.

The right of retention also applies under previous agreements as a result of which the Customer still has to pay money to GCAgrading.

GCAgrading is not liable for any damage the Customer may suffer due to the use of its right of retention.

Article 11 - Retention of title

GCAgrading remains the owner of all delivered products until the Customer has paid all outstanding invoices from GCAgrading relating to an underlying agreement, including claims due to failure to comply.

Until then in paragraph 1, GCAgrading can use its retention of title and take back the goods.

Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.

If GCAgrading makes use of its retention of title, the agreement will be canceled and GCAgrading may claim damages, lost profits and interest from the Customer.

Article 12 – Delivery

Delivery takes place while stocks last.

Delivery takes place at GCAgrading, unless otherwise agreed.

Delivery of products ordered online takes place at the address specified by the Customer.

If the Customer does not pay the agreed amounts or does not pay them on time, GCAgrading may suspend its obligations until the Customer pays.

In the event of late payment, there is a creditor's default, as a result of which the Customer cannot object to GCAgrading for late delivery.

Article 13 - Delivery time

The delivery times of GCAgrading are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.

The delivery time starts when the Customer has fully completed the ordering process and has received confirmation from GCAgrading.

The Customer will not receive any compensation and may not cancel the agreement if GCAgrading delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if GCAgrading cannot deliver within 14 days, after having been notified in writing or if the Customer and GCAgrading have agreed otherwise.

Article 14 – Actual Delivery

The Customer must ensure that the actual delivery of his ordered products can take place on time.
Article 15 – Transportation costs

The Customer pays the costs for transport, unless the Customer and GCAgrading have agreed otherwise in writing.
Article 16 – Packaging and shipping

If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before receiving the product. If the Customer does not do this, he cannot hold GCAgrading liable for any damage.

If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to GCAgrading prior to transport. If the Customer does not do this, he cannot hold GCAgrading liable for any damage.

 

Article 17 – Insurance

The Customer must adequately insure the following items and keep them insured against, among other things, fire, explosion and water damage, and theft:

delivered goods that are necessary for the execution of the underlying agreement

items from GCAgrading that are present at the Customer

goods that have been delivered under retention of title

The Customer will make the policy for these insurances available for inspection upon GCAgrading's first request.

Article 18 – Custodial

If the Customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.

Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.

Article 19 – Warranty

The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials.
The warranty does not apply:
- in case of normal wear and tear
- for damage caused by accidents
- for damage caused by changes made to the product
- for damage due to negligence or improper use by the Customer
- when the cause of the defect cannot be clearly identified
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the Customer at the time when they are legally and/or actually delivered, or at least come under the control of the Customer or of a third party. third party who receives the product on behalf of the Customer.

Article 20 – Indemnification

The Customer indemnifies GCAgrading against all claims from others related to the products and/or services supplied by GCAgrading.
Article 21 – Complaints

The Customer must examine a product or service provided by GCAgrading as quickly as possible for any shortcomings.

If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform GCAgrading thereof within 1 month after discovering the shortcoming.

A consumer must inform GCAgrading of this no later than 2 months after discovering the shortcoming.

The Customer provides as detailed a description as possible of the shortcoming, so that GCAgrading can respond appropriately.

The Customer must demonstrate that the complaint relates to an agreement between the Customer and GCAgrading.

If a complaint concerns ongoing work, the Customer cannot demand that GCAgrading perform work other than what has been agreed.

Article 22 – Notice of Default

The Customer must notify GCAgrading of any notice of default in writing.

The Customer is responsible for ensuring that his notice of default actually reaches GCAgrading on time.

Article 23 – Customer Liability

When GCAgrading enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.
Article 24 - Liability GCAgrading

GCAgrading is only liable for damage suffered by the Customer when that damage is caused by intent or deliberate recklessness.

If GCAgrading is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.

GCAgrading is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.

When GCAgrading is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.

All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.

Article 25 – Expiration Period

Any right of the Customer to compensation from GCAgrading expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Article 26 – Dissolution

The Customer may cancel the agreement if GCAgrading imputably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.

If fulfillment of the obligations by GCAgrading is still possible, dissolution can only take place after GCAgrading is in default.

GCAgrading may cancel the agreement with the Customer if the Customer does not fully or timely fulfill his obligations under the agreement, or if GCAgrading has become aware of circumstances that give him good reason to do so.

 

Article 27 – Force Majeure

In addition to Article 6:75 of the Civil Code, a shortcoming of GCAgrading by the Customer cannot be attributed to GCAgrading when there is force majeure.

The force majeure situation in paragraph 1 also includes:
- a state of emergency such as a civil war or natural disaster
- breach of contract or force majeure of suppliers, deliverers or others
- power, electricity, internet, computer or telecom disruptions
- computer viruses
- strikes
- government measures
- transport problems
- bad weather conditions
- work stoppages

If a force majeure situation occurs as a result of which GCAgrading cannot fulfill one or more obligations to the Customer, those obligations will be suspended until GCAgrading can fulfill them.

From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and GCAgrading may cancel the agreement in whole or in part in writing.

GCAgrading does not have to pay compensation to the Customer in a force majeure situation, even if GCAgrading benefits from this.

Article 28 – Change of agreement

If it is necessary to change a concluded agreement for its implementation, the Customer and GCAgrading can adjust the agreement.
Article 29 - Changes to general terms and conditions

GCAgrading may change these terms and conditions.

GCAgrading may always make changes of minor importance.

GCAgrading will discuss major changes with the Customer in advance as much as possible.

A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 30 – Transfer of Rights

The Customer cannot transfer any rights under an agreement with GCAgrading to others without written permission from GCAgrading.

This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Civil Code.

Article 31 - Consequences of nullity or voidability

If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.

A provision that is void or voidable will in that case be replaced by a provision that comes closest to what GCAgrading had in mind when drawing up the conditions on that point.

Article 32 - Applicable law and competent court

Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and GCAgrading.

The court in the district of GCAgrading's registered office has exclusive jurisdiction to hear any disputes between the Customer and GCAgrading, unless the law provides otherwise.


Prepared on June 1, 2023.