General terms and conditions Groomzo

E-mail: info@groomzo.com
Website: https://groomzo.com

Definitions

1. Groomzo: Bethlehem e-commerce B.V., established in Leeuwarden under KvK no. 86877690.
2. Customer: the person with whom Groomzo has entered into a contract.
3. Parties: Groomzo and client together.
4. Consumer: a customer who is also an individual acting as a private person.

Article 1 – Applicability of general conditions

1. These terms and conditions apply to all quotations, offers, work, orders, contracts and deliveries of services or products by or on behalf of Groomzo.
2. The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.

Article 4 – Prices

1. All prices used by Groomzo are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated or agreed otherwise.
2. All prices used by Groomzo for its products, on its website or otherwise disclosed, Groomzo may change at any time.
3. Increases in the cost prices of products or parts thereof, which Groomzo could not foresee at the time the offer was made or the contract concluded, may result in price increases.
4. The consumer has the right to dissolve an agreement due to a price increase as referred to in paragraph 3, unless the increase is due to a statutory regulation.

Article 5 – Samples and models

If 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 the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Article 6 – Payments and term of payment

1. Groomzo may require a deposit of up to 50% of the agreed amount when entering into the contract.
2. The customer must have made payments in arrears within 14 days of delivery.
3. Payment terms are considered to be deadlines for payment.
   This means that if the client has not paid the agreed amount at the latest on the last day of the payment term, he will be in default by operation of law, without Groomzo having to send the client a reminder or give notice of default.
4. Groomzo reserves the right to make a delivery conditional upon immediate payment or to require security for the total amount of the services or products.

Article 7 – Payments and term of payment

Article 8 – Consequences of not paying on time

1. If the customer does not pay within the agreed term, Groomzo is entitled to charge the legal interest rate of 2% per month for non-commercial transactions and the legal interest rate of 8% per month for commercial transactions from the day the customer is in default, with part of a month counting for a whole month.
2. If the customer is in default, he will also owe extrajudicial collection costs and any damages to Groomzo.
3. Collection costs are calculated according to the Compensation for Extrajudicial Collection Costs Decree.
4. If the client fails to pay on time, Groomzo may suspend its obligations until the client has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Groomzo’s claims against the customer shall become immediately due and payable.
6. If the customer refuses to cooperate in the performance of the contract by Groomzo, he is still obliged to pay the agreed price to Groomzo.

Article 9 – Right of advertising

1. As soon as the customer is in default, Groomzo is entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
2. Groomzo invokes the right of claim by written or electronic communication.
3. Once the customer has been notified of the invoked right of complaint, the customer must immediately return the products to which this right relates to Groomzo, unless the parties agree otherwise.
4. The cost of recovering or bringing back the products shall be borne by the customer.

Article 13 – Right of withdrawal

1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:

• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product that has been customized or adapted specifically for the consumer
• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.).
• the seal is still intact, if they are data carriers with digital content (DVDs, CDs, etc.)
• the product or service is not lodging, travel, restaurant business, transportation, catering assignment or form of leisure activity
• the product is not a loose magazine or loose newspaper
• the consumer has not waived his right of withdrawal

2. The 14-day cooling-off period mentioned in paragraph 1 begins:
   • on the day after the consumer receives the last product or part of 1 order
   • once the consumer has confirmed that he will purchase digital content over the Internet
3. Consumers may make their right of withdrawal known at info@groomzo.com, if desired using the withdrawal form that can be downloaded from Groomzo’s website, https://groomzo.com.
4. The consumer is obliged to return the product to Groomzo within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal lapses.

Article 15 – Reimbursement of delivery costs.

1. If the consumer has exercised their right of withdrawal in a timely manner and as a result has timely returned the complete order to Groomzo, Groomzo will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and complete returned order to the consumer.
2. The cost of delivery shall be borne by Groomzo only to the extent that the entire order is returned.

Article 16 – Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the cost of returning the entire order will be borne by the consumer, unless the consumer returns an entire order with a minimum value of €50 (excluding shipping costs).

Article 17 – Return conditions

We accept returns only if they meet the following points:

1. Products must be in new condition and in their original packaging.
2. Make sure everything is neatly packaged exactly as it was before it was unpacked.
3. No packaging should be missing.
4. The product and parts must be clean!
   (For example, there should be no pet hair on the product).
5. Product packaging may NOT be used as a shipping box.
   This means that a separate shipping box must always be used.

Article 18 – Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Article 19 – Right of lien

1. Groomzo may invoke its right of retention and in that case hold products of the customer until the customer has paid all outstanding invoices to Groomzo, unless the customer has provided adequate security for those costs.
2. The lien also applies under previous contracts from which the customer still owes payments to Groomzo.
3. Groomzo shall never be liable for any damages that the customer may suffer as a result of the use of its lien.

Article 20 – Offset

Unless the customer is a consumer, the customer waives its right to set off a debt owed to Groomzo against a claim against Groomzo.

Article 21 – Retention of title

1. Groomzo remains the owner of all products delivered until the customer has fully satisfied all of its payment obligations to Groomzo under whatever contract entered into with Groomzo, including claims for failure to perform.
2. Until such time, Groomzo may invoke its retention of title and repossess the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Groomzo invokes its retention of title, the contract shall be deemed terminated and Groomzo shall be entitled to claim damages, lost profits and interest.

Article 22 – Delivery

1. Delivery will take place while supplies last.
2. Delivery will take place at Groomzo’s premises, unless the parties have agreed otherwise.
3. Delivery of products ordered online is made to the address specified by the customer.
4. If the agreed amounts are not paid or not paid on time, Groomzo is entitled to suspend its obligations until the agreed part is still paid.
5. Late payment constitutes creditor default, with the result that the customer cannot hold a late delivery against Groomzo.

Article 23 – Delivery time

1. The delivery times given by Groomzo are indicative and, if exceeded, do not entitle the customer to rescission or damages, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Groomzo.
3. Failure to meet the stated delivery time shall not entitle the customer to compensation nor the right to rescind the contract, unless Groomzo is unable to deliver within 14 days after written notice or the parties have agreed otherwise in this regard.

Article 24 – Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

Article 25 – Transportation costs

Transportation costs shall be borne by the customer unless the parties have agreed otherwise.

Article 26 – Packaging and shipping

1. If the packaging of a delivered product has been opened or damaged, the customer, before taking delivery of the product, must have a note of this made by the forwarding or delivery person, failing which Groomzo cannot be held liable for any damage.
2. If the customer takes care of transportation of a product himself, he must report any visible damage to products or packaging to Groomzo prior to transportation, failing which Groomzo cannot be held liable for any damage.

Article 29 – Retention

1. If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
2. Any additional costs resulting from premature or late purchase of products shall be borne entirely by the customer.

Article 31 – Warranty

1. The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. 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 they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

Article 42 – Indemnification

The customer shall indemnify Groomzo against all third party claims related to the products and/or services provided by Groomzo.

Article 43 – Complaints

1. The customer should examine a product delivered or service provided by Groomzo for any deficiencies as soon as possible.
2. If a product delivered or service rendered does not meet what the customer could reasonably expect from the contract, the customer must notify Groomzo as soon as possible, but in any case within 1 month of discovering the shortcomings.
3. Consumers should notify Groomzo no later than 2 months after discovering the deficiencies.
4. In doing so, the customer shall provide as detailed a description of the shortcoming as possible, so that Groomzo is able to respond adequately.
5. The customer must show that the complaint relates to an agreement between the parties.
6. If a complaint relates to work in progress, this cannot in any case result in Groomzo being held to perform work other than that agreed upon.

Article 44 – Notice of default

1. The customer must give written notice of default to Groomzo.
2. It is the customer’s responsibility that a notice of default actually reaches Groomzo (in a timely manner).

Article 45 – Joint and several liability of customer

If Groomzo enters into an agreement with multiple customers, each of them shall be jointly and severally liable for the full amounts owed to Groomzo under that agreement.

Article 46 – Groomzo liability .

1. Groomzo shall only be liable for any damage suffered by the client if and to the extent such damage was caused by intentional or deliberate recklessness.
2. If Groomzo is liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of a contract.
3. Groomzo is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
4. If Groomzo is liable, such liability will be limited to the amount paid out by any (professional) liability insurance taken out, and in the absence of (full) payment by an insurance company of the amount of damages, liability will be limited to the (part of the) invoice amount to which the liability relates.
5. All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 47 – Due date

Any right of the customer to compensation from Groomzo shall lapse in any event 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 Civil Code.

Article 48 – Right of rescission

1. The customer is entitled to rescind the contract if Groomzo imputably fails to fulfill its obligations, unless such failure, given its special nature or minor importance, does not justify rescission.
2. If the fulfillment of the obligations by Groomzo is not permanently or temporarily impossible, dissolution can only take place after Groomzo is in default.
3. Groomzo is entitled to terminate the contract with the customer if the customer fails to fulfill its obligations under the contract in full or in a timely manner, or if Groomzo becomes aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfill its obligations.

Article 49 – Force majeure

1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure of Groomzo in the performance of any obligation towards the customer cannot be attributed to Groomzo in a situation independent of the will of Groomzo, as a result of which the performance of its obligations towards the customer is prevented in whole or in part or as a result of which the performance of its obligations cannot reasonably be required of Groomzo.
2. The force majeure situation mentioned in paragraph 1 also includes – but is not limited to – the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.
3. If a force majeure situation arises that prevents Groomzo from fulfilling 1 or more obligations to the client, those obligations will be suspended until Groomzo can fulfill them again.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, either party may rescind the contract in writing in whole or in part.
5. In a force majeure situation, Groomzo is not liable for any compensation or damages, even if it enjoys any advantage as a result of the force majeure situation.

Article 50 – Modification of the agreement

1. If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.
2. The preceding paragraph does not apply to products purchased from a physical store.

Article 51 – Modification of general terms and conditions

1. Groomzo is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance may be made at any time.
3. Major substantive changes will be discussed by Groomzo with the client in advance whenever possible.
4. Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions.

Article 52 – Transfer of rights

1. Customer’s rights from an agreement between the parties cannot be transferred to third parties without Groomzo’s prior written consent.
2. This provision counts as a clause with property law effect as referred to in Article 3:83, paragraph 2, Civil Code.

Article 53 – Consequences of nullity or voidability

1. Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
2. A provision that is void or voidable shall in such case be replaced by a provision that comes closest to what Groomzo intended when drafting the terms and conditions on that point.

Article 54 – Applicable law and competent court

1. Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
2. The Dutch court in the district where Groomzo is established/practicing/office is exclusively competent to take cognizance of any disputes between the parties, unless otherwise required by mandatory law.

Retrieved May 26, 2023.

In addition to our regular terms and conditions, we have additional terms and conditions for our subscription services, these can be found at:

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