Terms and Conditions
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Postpay with Afterpay
Article 17 – Complaints procedure
Article 18 – Disputes
Article 19 – Additional or deviating provisions
Article 1 – Definitions
In these conditions the following definitions apply:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are provided by the are supplied to the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his
trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Sustainable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a manner that future consultation or use for a period appropriate to the purpose for which the information is intended, and that unchanged reproduction of the stored information
enables;
8. Right of withdrawal: the option of the consumer to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, where until the conclusion of the agreement exclusively or
one or more remote communication techniques are used;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions;
12. Remote communication technology: means that can be used to conclude a contract, without the consumer and entrepreneur having to be in the same room at the same time.
Article 2 – Identity of the entrepreneur
JCK Brand Company, trading as Gabbag
Cardanuslaan 19
6865 HJ Doorwerth
Visiting address:
Cardanuslaan 19
6865 HJ Doorwerth
Email address: Customerservice@gabbag.nl
Chamber of Commerce number: 60985356
VAT identification number: NL854150353B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every offer
distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions
conditions made available to the consumer. If this is not reasonably possible, the
before the distance contract is concluded, the entrepreneur must indicate how the
general terms and conditions can be viewed at the entrepreneur and that they can be amended at the request of the consumer
will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph
and before the distance contract is concluded, the text of these general terms and conditions
be made available to the consumer electronically in such a way that
which can be easily stored by the consumer in a sustainable manner
data carrier. If this is not reasonably possible, before the distance contract is concluded
is closed, which of the general terms and conditions will be indicated electronically
can be inspected and that they can be obtained at the request of the consumer electronically or on
will otherwise be sent free of charge.
4. In the event that in addition to these general terms and conditions, specific product or
service conditions apply, the second and third paragraphs of corresponding
applies and the consumer can always rely on in the event of conflicting conditions
the applicable provision that is most favorable to him.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be
expressly stated in the offer.
2. The offer contains a complete and accurate description of the products offered,
digital content and/or services. The description is sufficiently detailed to provide a good description
to enable consumer assessment of the offer. If the entrepreneur uses
uses images, are they a true representation of the offered
products, services and/or digital content. Obvious mistakes or errors in the
The offer does not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and
are obligations associated with the acceptance of the offer.
Article 5 – The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of
acceptance by the consumer of the offer and compliance with the associated conditions
conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur confirms
without delay by electronic means the receipt of the acceptance of the offer. As long as the
receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the
terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
organizational measures to secure the electronic transmission of data and ensures
for a secure web environment. If the consumer can pay electronically, the entrepreneur will
take appropriate safety measures.4. The entrepreneur can within legal frameworks – inform himself whether the consumer is satisfied
can meet payment obligations, as well as all those facts and factors that are important for
a responsible conclusion of the distance contract. If the entrepreneur on the basis of this
research has good reasons not to enter into the agreement, he is entitled
motivated to refuse an order or request or to impose special conditions on the implementation
connect.
5. The entrepreneur will deliver the product, service or digital content to the
consumer the following information, in writing or in such a way that it can be recorded by the consumer
can be stored in an accessible manner on a durable data carrier, enclose:
a. the visiting address of the entrepreneur’s branch where the consumer can go with complaints
can;
b. the conditions under which and the manner in which the consumer exercises the right of withdrawal
can use, or a clear message regarding the exclusion from it
right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; as far as
the costs of delivery apply; and the method of payment, delivery or performance of
the distance contract;
e. the requirements for termination of the agreement if the agreement has a duration of
is more than one year or of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 5 – The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of
acceptance by the consumer of the offer and compliance with the associated conditions
conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur confirms
without delay by electronic means the receipt of the acceptance of the offer. As long as the
receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the
terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
organizational measures to secure the electronic transmission of data and ensures
for a secure web environment. If the consumer can pay electronically, the entrepreneur will
take appropriate safety measures.4. The entrepreneur can within legal frameworks – inform himself whether the consumer is satisfied
can meet payment obligations, as well as all those facts and factors that are important for
a responsible conclusion of the distance contract. If the entrepreneur on the basis of this
research has good reasons not to enter into the agreement, he is entitled
motivated to refuse an order or request or to impose special conditions on the implementation
connect.
5. The entrepreneur will deliver the product, service or digital content to the
consumer the following information, in writing or in such a way that it can be recorded by the consumer
can be stored in an accessible manner on a durable data carrier, enclose:
a. the visiting address of the entrepreneur’s branch where the consumer can go with complaints
can;
b. the conditions under which and the manner in which the consumer exercises the right of withdrawal
can use, or a clear message regarding the exclusion from it
right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; as far as
the costs of delivery apply; and the method of payment, delivery or performance of
the distance contract;
e. the requirements for termination of the agreement if the agreement has a duration of
is more than one year or of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must report this within the cooling-off period
by means of the model withdrawal form or in another unambiguous manner to the
entrepreneur.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1,
the consumer returns the product or hands it over to (an authorized representative of) the
entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The
the consumer has in any case observed the return period when he returns the product
before the reflection period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible
in the original condition and packaging, and in accordance with the reasonable and reasonable price provided by the entrepreneur
clear instructions.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the
the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur
indicates that he or she will bear the costs himself, the consumer does not have to bear the costs for return shipping.
6. If the consumer withdraws after having first expressly requested that the performance of the
service or the supply of gas, water or electricity that is not prepared for sale in a
limited volume or certain quantity starts during the cooling-off period, the consumer is the
owes the entrepreneur an amount that is proportional to that part of the obligation that is covered by
the entrepreneur has complied at the time of withdrawal, compared to the full
fulfillment of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas or
electricity, which is not put up for sale in a limited volume or quantity, or up to
supply of district heating, if:
a. the entrepreneur provides the consumer with legally required information about the right of withdrawal, the
reimbursement of costs in the event of withdrawal or has not provided the model withdrawal form, or;
b. the consumer does not expressly request the start of the performance of the service or delivery of
has requested gas, water, electricity or district heating during the cooling-off period.
8. The consumer will not bear any costs for the full or partial delivery of goods not on a
digital content provided on a tangible medium, if:
a. he has not expressly agreed to commence prior to delivery thereof
the fulfillment of the agreement before the end of the reflection period;
b. he has not acknowledged that he loses his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional
agreements terminated by operation of law.
Article 9 – Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur allows the notification of withdrawal by the consumer electronically
he will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs
will be charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the
entrepreneur offers to collect the product himself, he can wait with the refund until he has received it
has received the product or until the consumer proves that he has returned the product, to
whichever time is earlier.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement,
unless the consumer agrees to another method. The refund is free of charge for the
consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest
standard delivery, the entrepreneur does not have to pay the additional costs for the more expensive method
to be refunded.
Article 10 – Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but
only if the entrepreneur makes this clear in the offer, at least in time before closing the
agreement, stated:
1. Products or services whose price is dependent on fluctuations in the financial market
over which the entrepreneur has no influence and which can be canceled within the withdrawal period
occur;
2. Agreements concluded during a public auction. Under a public auction,
means a sales method whereby products, digital content and/or services are sold by the
entrepreneur are offered to the consumer who is personally present or the opportunity
will be personally present at the auction, led by an auctioneer, and where the
successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has started with the express prior consent of the consumer; and
b. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur cancels the
has fully executed the agreement;
4. Package trips as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, as stated in the agreement
a specific date or period of performance is provided and other than for residential purposes,
freight transport, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement includes a certain
the date or period of its implementation is provided;
7. Products manufactured according to consumer specifications, which are not prefabricated and
which are manufactured based on an individual choice or decision of the consumer, or which
clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for reasons of health protection or hygiene
to be returned and where the seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery;
11. Alcoholic drinks, the price of which was agreed upon at the conclusion of the agreement,
but of which delivery can only take place after 30 days, and of which the actual value
depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the sealing of which is after
delivery is broken;
13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
14. The supply of digital content other than on a tangible medium, but only if:
a. the performance has started with the express prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 – The price
1. During the period of validity stated in the offer, the prices of the offered
products and/or services will not be increased, except for price changes due to changes in
VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur can provide products or services whose prices
are subject to fluctuations in the financial market and over which the entrepreneur has no influence
offers variable prices. This bondage to fluctuations and the fact that
Any prices stated are target prices and will be stated in the offer. 3. Price increases within 3 months after the conclusion of the agreement are only
permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only
permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day
on which the price increase will take effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 – Compliance with agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the
specifications stated in the offer, meet 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. If agreed, the entrepreneur also guarantees that
the product is suitable for other than normal use.
2. An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer
never limits the legal rights and claims that the consumer may have under the
contract can be enforced against the entrepreneur if the entrepreneur has failed to act
in the performance of its part of the agreement.
3. Additional warranty means any obligation of the entrepreneur, his supplier,
importer or producer in which he grants the consumer certain rights or claims that
go beyond what it is legally obliged to do if it has failed to comply
of his part of the agreement.
Article 13 – Delivery and performance
1. The entrepreneur will exercise the utmost care when receiving
and in the execution of orders for products and in the assessment of applications for
provision of services.
2. The place of delivery is the address that the consumer has communicated to the entrepreneur
created.
3. Taking into account what is stated in Article 4 of these general terms and conditions,
the entrepreneur accepts orders expeditiously, but no later than within 30 days
unless a different delivery period has been agreed. If delivery is delayed
or if an order cannot be fulfilled or can only be partially fulfilled,
the consumer will be notified of this no later than 30 days after he has placed the order. The
In that case, the consumer has the right to terminate the agreement without costs and is entitled to
any damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer
refund without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until
time of delivery to the consumer or a pre-designated person and to the entrepreneur
appointed representative, unless expressly agreed otherwise.
Article 14 – Duration transactions: duration, cancellation and extension
Cancellation:
1. The consumer can enter into an agreement that has been entered into for an indefinite period and extends to
regular delivery of products (including electricity) or services, at any time
cancel in accordance with the agreed cancellation rules and a notice period
of a maximum of one month.
2. The consumer can enter into an agreement that has been entered into for a definite period and that extends to
regular delivery of products (including electricity) or services, at any time against
cancel at the end of the fixed term in accordance with the agreed terms
cancellation rules and a notice period of no more than one month.
3. The consumer can cancel the agreements mentioned in the previous paragraphs:
– cancel at any time and not be limited to canceling at a specific time or in a
specific period;
– at least cancel in the same way as they were entered into by him;
– always cancel with the same notice period as the entrepreneur has agreed for himself. Extension:Article 13 – Delivery and performance
1. The entrepreneur will exercise the utmost care when receiving
and in the execution of orders for products and in the assessment of applications for
provision of services.
2. The place of delivery is the address that the consumer has communicated to the entrepreneur
created.
3. Taking into account what is stated in Article 4 of these general terms and conditions,
the entrepreneur accepts orders expeditiously, but no later than within 30 days
unless a different delivery period has been agreed. If delivery is delayed
or if an order cannot be fulfilled or can only be partially fulfilled,
the consumer will be notified of this no later than 30 days after he has placed the order. The
In that case, the consumer has the right to terminate the agreement without costs and is entitled to
any damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer
refund without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until
time of delivery to the consumer or a pre-designated person and to the entrepreneur
appointed representative, unless expressly agreed otherwise.
Article 14 – Duration transactions: duration, cancellation and extension
Cancellation:
1. The consumer can enter into an agreement that has been entered into for an indefinite period and extends to
regular delivery of products (including electricity) or services, at any time
cancel in accordance with the agreed cancellation rules and a notice period
of a maximum of one month.
2. The consumer can enter into an agreement that has been entered into for a definite period and that extends to
regular delivery of products (including electricity) or services, at any time against
cancel at the end of the fixed term in accordance with the agreed terms
cancellation rules and a notice period of no more than one month.
3. The consumer can cancel the agreements mentioned in the previous paragraphs:
– cancel at any time and not be limited to canceling at a specific time or in a
specific period;
– at least cancel in the same way as they were entered into by him;
– always cancel with the same notice period as the entrepreneur has agreed for himself. Extension:
Article 16 – Payment with afterpay
If you pay for your order via AfterPay (pay afterwards), you also agree to the terms and conditions of AfterPay. You can find this here:
AfterPay for Dutch consumers: http: //www.afterpay.nl/consument- Payment Conditions
AfterPay for Belgian consumers: https://www .afterpay.be/be/footer/payment-with-afterpay/payment conditions
AfterPay for Dutch companies: https://www.afterpay.nl/nl/algemeen/zakelijk-partners/payment-conditions-zakelijk
Article 17 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the
complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted within a reasonable time after the
if the consumer has discovered the defects, they must be fully and clearly described and submitted to
the entrepreneur.
3. Complaints submitted to the entrepreneur will be processed within a period of 14 days from
the date of receipt. If a complaint has a foreseeably longer processing time
asks, the entrepreneur will respond within 14 days with a message from
receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint is not filed within a reasonable period or within 3 months after submitting the
complaint can be resolved by mutual agreement, a dispute arises that is subject to the
dispute settlement.
Article 18 – Disputes
1. On agreements between the entrepreneur and the consumer on which these general terms and conditions
, only Dutch law applies.
Article 19 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment
belong to the consumer and must be recorded in writing or in such a way that this
can be stored by the consumer in an accessible manner in a sustainable manner
data carrier.
Appendix I: Model withdrawal form
Model withdrawal form
(only complete and return this form if you wish to withdraw from the agreement)
– To:
[entrepreneur’s geographic address]
[entrepreneur’s fax number, if available]
[email address or electronic address of the entrepreneur]
– I/We* hereby inform you that I/We* agree to our agreement regarding
the provision of the following digital content: [digital content designation]*
the provision of the following service: [service designation]*,
revoked*
– Ordered on*/received on* [date of order for services or receipt for products]
– [Consumer(s) Name]
– [Consumer(s) address]
– [Signature of consumer(s)] (only when this form is submitted on paper)
* Delete as appropriate or fill in as appropriate.