Terms of service
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
Cooling-Off Period: the period within which the Consumer may exercise their Right of Withdrawal.
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the Entrepreneur.
Day: calendar day.
Long-Term Transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a period of time.
Durable Medium: any means that enables the Consumer or Entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of Withdrawal: the possibility for the Consumer to withdraw from the distance contract within the Cooling-Off Period.
Entrepreneur: the natural or legal person who offers products and/or services to Consumers by means of distance selling.
Distance Contract: an agreement concluded within the framework of an organized system for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication.
Means of Distance Communication: any method that may be used to conclude an agreement without the Consumer and Entrepreneur being simultaneously present in the same location.
Terms and Conditions: these present Terms and Conditions of the Entrepreneur.
Article 2 – Identity of the Entrepreneur
Grafthide
Verdunplein 17
5627SZ Eindhoven
The Netherlands
(Not a visiting or return address)
Email: info@grafthide.com
Website: www.grafthide.com
Article 3 – Applicability
These Terms and Conditions apply to every offer made by the Entrepreneur and to every distance contract and order concluded between the Entrepreneur and the Consumer.
Prior to the conclusion of a distance contract, the text of these Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the Terms and Conditions are available for inspection and will be sent free of charge at the Consumer’s request as soon as possible.
If the distance contract is concluded electronically, the text of these Terms and Conditions will be made available electronically to the Consumer in such a way that it can easily be stored on a Durable Medium. If this is not reasonably possible, it will be indicated where the Terms and Conditions may be viewed electronically and that they will be provided free of charge electronically or otherwise at the Consumer’s request.
If specific product or service conditions apply in addition to these Terms and Conditions, the Consumer may always invoke the applicable provision most favorable to them in the event of conflicting provisions.
If any provision of these Terms and Conditions is declared void or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original.
Ambiguities regarding the interpretation of one or more provisions shall be interpreted in accordance with the spirit of these Terms and Conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The Entrepreneur reserves the right to modify or amend the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment by the Consumer. Images used are a true representation of the products and/or services. Obvious errors or mistakes in the offer are not binding on the Entrepreneur.
All images and specifications are indicative and cannot give rise to compensation or termination of the agreement.
Displayed product colors may differ from actual colors.
Each offer includes sufficient information so that the Consumer understands the rights and obligations associated with acceptance of the offer, including in particular:
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the price, excluding customs duties and import sales tax;
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any shipping costs;
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the manner in which the agreement will be concluded;
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whether the Right of Withdrawal applies;
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the method of payment, delivery, and performance;
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the period for accepting the offer;
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whether the agreement will be archived;
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how the Consumer may correct information before submitting the order;
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available languages;
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applicable codes of conduct;
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the minimum duration of a long-term contract.
Optional: available sizes, colors, materials.
Article 5 – The Agreement
The agreement is concluded at the moment the Consumer accepts the offer and complies with the stated conditions.
If accepted electronically, the Entrepreneur will promptly confirm receipt electronically. Until confirmation is sent, the Consumer may terminate the agreement.
The Entrepreneur will take appropriate technical and organizational measures to secure electronic data transmission and provide a secure web environment.
The Entrepreneur may investigate whether the Consumer can meet payment obligations and may refuse an order or attach special conditions if justified.
The Entrepreneur will provide the Consumer with:
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contact details for complaints;
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information regarding the Right of Withdrawal;
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warranty and after-sales service information;
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information listed in Article 4;
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termination conditions for contracts longer than one year.
Each agreement is concluded subject to sufficient product availability.
Article 6 – Right of Withdrawal
When purchasing products, the Consumer has the right to withdraw from the agreement within 30 days without giving any reason.
The Cooling-Off Period begins the day after the Consumer receives the product.
During this period, the Consumer shall handle the product and packaging with care. The product may only be unpacked or used as necessary to determine whether the Consumer wishes to keep it.
To exercise the Right of Withdrawal, the Consumer must notify the Entrepreneur in writing within 30 days of receipt. After notification, the product must be returned within 30 days.
The Consumer bears the burden of proof of timely return.
If the Consumer does not notify within the stated period, the sale becomes final.
Article 7 – Costs in Case of Withdrawal
Return shipping costs are borne by the Consumer.
Refunds will be processed as soon as possible, but no later than 30 days after cancellation, provided the product has been received or proof of return has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The Right of Withdrawal may be excluded for:
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custom-made products;
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personalized products;
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products that cannot be returned by nature;
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perishable goods;
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products subject to financial market fluctuations;
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newspapers and magazines;
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unsealed audio/video/software;
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unsealed hygiene products.
For services, exclusion applies to:
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accommodation, transport, catering, or leisure services on a specific date;
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services started with Consumer’s explicit consent before the Cooling-Off Period ends;
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betting and lotteries.
Article 9 – Pricing
Prices remain valid during the stated offer period, except for changes in sales tax.
Products may be subject to financial market fluctuations.
Price increases within three months are only allowed if legally required.
Import duties and taxes are the responsibility of the Consumer. No VAT is charged by the Entrepreneur.
Typographical errors are not binding.
Article 10 – Conformity and Warranty
The Entrepreneur guarantees that products conform to the agreement and applicable legal requirements.
Warranty corresponds to the manufacturer’s warranty.
Defects must be reported within 30 days of delivery.
Warranty is void if products are misused, modified, repaired by third parties, or improperly handled.
Article 11 – Delivery and Performance
Delivery will take place at the address provided by the Consumer.
Orders will be shipped promptly and no later than 30 days unless otherwise agreed.
If delivery is impossible, a replacement item may be offered.
Risk transfers to the Consumer upon delivery.
Unclaimed Shipments
If a shipment is not accepted or collected, it will be returned to us. The Seller is not obligated to issue a refund or free replacement. If reshipment is requested, additional shipping costs apply. Original shipping costs are non-refundable.
Article 12 – Long-Term Transactions
Consumers may terminate indefinite agreements at any time with one month’s notice.
Fixed-term agreements cannot be automatically renewed for a fixed term.
If a contract exceeds one year, the Consumer may terminate after one year with one month’s notice.
Article 13 – Payment
Unless otherwise agreed, payment is due within 7 business days after confirmation.
The Consumer must report inaccuracies immediately.
In case of non-payment, reasonable costs may be charged.
Article 14 – Complaints
Complaints must be submitted within 7 days of discovering the defect.
Complaints will be addressed within 30 days.
A complaint does not suspend obligations unless stated otherwise.
If justified, products will be repaired or replaced free of charge.
Article 15 – Governing Law and Disputes
All agreements between the Entrepreneur and the Consumer to which these Terms and Conditions apply shall be governed exclusively by the laws of the United States.
Disputes shall be submitted to the competent court within the United States.
Contact
If you have any additional questions regarding our terms of service, please contact us at:
📧 Email: info@grafthide.com