General Terms and Conditions

Article 1 – Definition of terms
Article 2 – The Entrepreneur’s Identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Delivery
Article 7 – Right of withdrawal
Article 8 – Obligations during the reflection period
Article 9 – The price and payment
Article 10 – Performance of an agreement and extra guaranty
Article 11 – Warranty and complaints
Article 12 – Applicable law and disputes
Article 13 – Liability
Article 14 – Ongoing performance contract: term, termination and renewal
Article 15 – Privacy, data processing and security
Article 16 – Taxes and duties
Article 17 – Amendment to the General Terms and Conditions
Article 18 – Performance of cancellation right consumer

Article 1 – Definition of terms

In these Terms and Conditions, the following terms shall have the following meanings:

1.1    Supplementary contract: a contact whereby the customer-consumer acquires products, digital content and/or services in relation to a distance contract and these goods, digital content, and/or services are supplied by the Entrepreneur or by a third party on the basis of an agreement between that third party and the Entrepreneur;
1.2    ‘’Trader – Entrepreneur’’: GIZELY, a trade name. The natural of legal person who offers products, (access to) digital content and or services to Consumers at a distance;
1.3    ‘’Consumer’’: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
1.4    ‘’Customer’’: the business entity or natural person, being a natural person who is acting in the exercise of a profession or business that enters into an Agreement with GIZELY or plans to buy the product(s) of GIZELY.
1.4    ‘’Parties’’: GIZELY and Customer
Cooling-off period: the period within which the consumer can make use of their right of withdrawal
1.5    Day: calendar day;
1.6    Digital content: data produced and supplied in digital form;
1.7    ‘’Website’’ https://www.gizely.com/

Article 2 – The Entrepreneur’s Identity

Company address:
GIZELY
Keurenplein 41 Box G9486
1069 CD Amsterdam
Chamber of Commerce: 89691253
VAT number: NL004757173B55
Customer service email: customerservice@gizely.com

Article 3 – Applicability

3.1    These general terms and conditions apply to every offer and agreements made by the trader and to every distance contract concluded between the trader/entrepreneur and the customer-consumer.
3.2    By placing an order, the customer-consumer agrees to the general terms and conditions.
3.3    Prior to the distance contract being concluded, the text of these general terms and conditions shall be made available to the customer-consumer. If this is not reasonably possible, the trader/entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be reviewed at the trader’s premises and that they will be sent to the customer-consumer free of charge as soon as possible, upon the customer-consumer’s request.
3.3    If the distance contract is concluded electronically, then, in deviation of the previous paragraph, and prior to the distance contract being concluded, the text of these general terms and conditions shall be made available to the customer-consumer by electronic means, and in such a way that the customer-consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it shall be stated where cognizance can be taken of the general terms and conditions electronically and that they will be sent free of charge to the customer-consumer, either electronically or by other means.

Article 4 – The offer

4.1    If an offer has a limited term of validity or is made subject to conditions, this shall be expressly started in the offer.
4.2    The offer contains a complete and accurate description of the products. If the trader/entrepreneur uses images, these shall be a true reflection of the products, services and/or digital content offered.
4.3    The customer shall guarantee the accuracy and completeness of the information that is submits to GIZELY and on which GIZELY bases its offer.
4.4    All offers are not combinable with other discounts.

Article 5 – The agreement

5.1    If the customer-consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as this receipt of acceptance has not been confirmed by the trader, the customer-consumer can dissolve the contract.
5.2    If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for the order, we will attempt to refund the applicable amount using the same method used to make the payment. If for any reason alternative arrangements are necessary we will notify you and ask you to contact GIZELY’s customer service.
5.3    GIZELY reserves the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.
5.3    An order confirmation by GIZELY is considered to be an accurate and complete representation of the order. If GIZELY starts, delivery of the products, or sends an invoice, these acts are considered to be of equal status as an order confirmation.

Article 6 – Delivery

6.2    Ones the order has been placed and the payment is finalized, you will receive your item(s) within 10 days maximum. Delivery times are provided as guidelines only, and do not take into account possible delays caused by payment authorization and/or stock availability but no later than 30 days. If the order is delayed, the customer-consumer will be informed as soon as possible. In this case, the customer-consumer has the right to terminate the agreement without a penalty.
6.3    GIZELY will deliver the products at the address which customer-consumer has provided.
6.4    The product(s) will be at own account and risk from the moment customer-consumer has received the product(s).

Article 7 – Right of withdrawal

7.1    The customer-consumer can dissolve a contract for the purchase of a product during a cooling-off period of fourteen (14) days without stating the reason(s) for doing so. GIZELY my ask the customer-consumer about the reason for the withdrawal, but may not force the customer-consumer to state their reason(s).
7.2    Article 7.1 is also applicable on customer-consumer, not being consumer.
7.3    If the customer-consumer makes use of his right of withdrawal, at most the full cost or return will be at his expense, both in case of sales and with services.
7.4    If the customer-consumer wishes to exercise his right of withdrawal, he shall make this known to GIZELY within fourteen (14) days after receipt of the product. The customer-consumer must return the product(s) within fourteen (14) days after he has expressed his intention to make use of the right withdrawal. The customer-consumer shall have to prove that the supplied goods were sent back on time, for example by means of proof postage.
7.5    If, after the expiry of the withdrawal period of fourteen (14) days, the customer-consumer failed to express his intention to make use of his right of withdrawal or fails to return the product to GIZELY, the sale will become a fact.

Article 8 – Obligations during the reflection period

8.1    If the customer-consumer has paid an amount, GIZELY will refund this amount as soon as possible but no longer than 14 days after cancellation, on condition that the goods must have already been received by GIZELY.
8.2    GIZELY shall use the same means of repayment that the customer-consumer used for payment, unless the customer-consumer agrees to a different method. The repayment is free of charge for the customer-consumer.

Article 9 – The price and payment

9.1    All prices on the website, order confirmation and on any documentation or correspondence are in Euro and include VAT (Value Added Tax).
9.2    The customer-consumer is not entitled to set offer suspend payment.
9.3    GIZELY is entitled to invoice immediately and ask customer-consumer for a payment in advance.The delivery of the product(s) will not commence before customer-consumer has paid the advanced payment.
9.4    If customer-consumer does not pay (on time) GIZELY has the right to dissolve the Agreement. In that case, the customer-consumer can not claim compensation.
9.5    GIZELY is entitled to suspend/postpone delivery of product(s) until the moment customer-consumer has paid any outstanding amount, including interest and costs, in full.

Article 10 – Performance of an agreement and extra guaranty

10.1    GIZELY guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded.

Article 11 – Warranty and complaints

11.1    The customer-consumer shall inspect the goods delivered at the time of delivery. If it appears that the delivered goods are incorrect, defective or incomplete, he must immediately report these defects to GIZELY in writing (prior to proceeding with the return to GIZELY).
Any defects or incorrectly delivered goods should and can be reported to GIZELY in writing, up to a maximum of 7 days after delivery.
11.2    The goods must be returned in the original packaging and still be in a new condition. Use after discovery of the defect, damage arising after the discovery of the defect, use and/or resale after establishing defects shall cancel the right to complain and return the product(s) completely.

Article 12 – Applicable law and disputes

12.1    The agreements between GIZELY and customer-consumer are governed by Dutch law.
12.2    Any disputes that may arise between GIZELY and customer-consumer on the basis of an agreement concluded between GIZELY and customer-consumer or as a result of further agreements that arise from such an agreement, shall be will exclusively be brought before the competent civil court in Amsterdam, The Netherlands.
12.3    The customer-consumer has in deviation from article 19.2 the right to bring any dispute between parties before the competent civil court.

Article 13 – Liability

13.1    GIZELY’s liability with respect of a defective item is in all cases limited to the replacement or repair of the item or to reimbursement, not exceeding the original purchase price.
13.2    GIZELY accepts no claim with regard to consequential loss in whatever form.
13.3    GIZELY is not liable for incorrect use of the delivered product(s) by customer-consumer or for use of the delivered product(s) from which the liability of GIZELY not suitable for.
13.4    GIZELY accepts no liability for damages as a result of washing, drying, ironing, dry-cleaning or other forms of treatments to the delivered product.
13.5    GIZELY advices dry-cleaning of the items from the collections ‘’Festive Forever’’ and ‘’Beachy Babe’’.

Article 14 – Ongoing performance contract: term, termination and renewal

Termination
14.1    The consumer may at all terminate a contract that has been entered into for an indefinite term and that covers the regular delivery of products (electricity included) or services, with due observance of the termination rules agreed to and a notification period of at least one month.
14.2    The consumer may at all times terminate a contract that has been entered into for a definite term and that covers the regular delivery of products (electricity included) or services, toward the end of that definite term with due observance of the termination rules agreed and a notification period of at least one month.
The consumer may terminate the contracts mentioned in the aforementioned paragraphs:
a.    at all times and is not restricted to a termination on a certain date or within a certain period;
b.    at least in the same manner in which they entered into it;
c.    at all times with the same notification period as the trader stipulated for themselves.
Renewal
14.4    A contract that has been concluded for a definite term and that covers the regular delivery of products (electricity included) or services, may not be tacitly prolonged or renewed for a definite term.
14.5    In deviation of the previous paragraph, a contract that has been concluded for a definitive term and covers the regular delivery of daily and weekly newspaper, journals and magazines may be tacitly renewed for a maximum term of three months if the consumer can terminate this prolonged agreement towards the ens of the prolongation with a notification period of no more than one month.
14.6    A contract concluded for a definite term and that covers the regular delivery of products or services, may only be tacitly renewed for an indefinite term if the consumer can terminate the contract at all times with a notification period of no more than one month. The notification period is no more than three months if the contract covers the regular, but less often than once a month, delivery of daily and weekly newspapers, journals and magazines.
14.7    A contract for a definitive term for the regular of introductory daily and weekly newspapers and journals (trial or introductory subscriptions) are not tacitly renewed and automatically end after the trial or introductory period has expired.
Term:
14.8    If a contract has a term of more than one year, the consumer may at all times terminate that contract with due observance of a notification period of one month after one year, unless reasonableness and fairness contradict the termination prior to the end of the agreed term.

Article 15 – Privacy, data processing and security

15.1    GIZELY treats all personal data (data which direct or indirect leads to the identification of a natural person) according to the Dutch Personal Data Protection Act. See our privacy policy.
15.2    All personal data provided by the customer-consumer will only be used by GIZELY for the performance of the agreement/order including these ‘’Terms and Conditions’’ and will only be provided to third parties if necessary for the performance of the agreement/order and the goals agreed therein.
15.3    GIZELY takes reasonable care to make they website secure. All credit/debit card transactions on this site are processed using MOLLIE Payments, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered GIZELY user, we will securely store your credit/debit card details on our system. These details will be fully encrypted and only used to process card transactions which you have initiated.

Article 16 – Taxes and duties

16.1    All countries within the European Union are shipped on DDP (Delivery Duty Paid) basis, which means that taxes and duties are included in the final price. Important note: some countries outside the EU, e.g. the United States, require an import duty payment upon arrival of your order. GIZELY does not reimburse these costs.

Article 17 – Amendment to the General Terms and Conditions

17.1    Customer-consumer agrees to the Term and Conditions upon placing an order for the delivery of products with GIZELY. Trader had the right to alter, modify, change these Terms and Conditions. The altered Term and Conditions will apply to the following order by customer-consumer.
17.2    All offers, agreements and other statements under which GIZELY will deliver products to the customer-consumer shall be subject to these General Term and Conditions, except where specified otherwise in writing by GIZELY.

Article 18 – Performance of cancellation right consumer

18.1    If customer-consumer makes use of his cancellation right, customer-consumer has to notify GIZELY within the reflection period of 14 days using the model withdrawal form or by means of another clear statement to: returns@gizely.com
18.2    GIZELY has a return policy which you can find under ‘’Customer Service’’.
18.3    Customer-consumer will send the product(s) back to:
GIZELY
, Amsterdam
The Netherlands
18.4    Customer-consumer bares the costs for return of the product(s) to GIZELY. In any case the consumer has returned the product(s) on time if customer-consumer sends the product back before the end of the reflection period.
18.5    This article is also applicable on customers, not being a consumer.
18.6    The customer-consumer returns the product(s) back with all the delivered accessoires, including but not limited to the attached seal and tad, and in original state and packaging, conform the reasonable and clear instructions.