Execution of the Agreement
As soon as we receive an order and confirm the acceptance thereof, we will hand over the Products to the shipping company selected by you during the ordering process. The shipping company will deliver the Products to you.
We can always engage third parties in the fulfilment of our obligations under our Agreement with you. We remain, however, responsible for the execution of such obligations.
The Website includes information describing the manner of delivery of the Products and an estimation on the time of delivery, which depends on several factors including your geographical location.
If we are unable to deliver the Products within 30 (thirty) days after the confirmation of acceptance of the order, we will notify you accordingly. In such event, you have the right to either agree to a new delivery date or to dissolve the Agreement without incurring any costs, and you will receive a refund for any Products paid for but not received. We are not liable for any delay in the delivery process.
We advise you to inspect the Products upon receipt and to report any defects within a reasonable period of time after discovering the defect. As soon as the Products have been delivered to the delivery address submitted by you, the risk of the Products fully transfers to you.
If the ordered Product is out of stock or can for any other reason no longer be supplied, we may cancel the order by notifying you, in which case you will have the right to dissolve the Agreement without incurring any costs and to return the Products free of charge.
Right of withdrawal for Consumers
Consumers have the right to return the Product in accordance with this clause 6, in which case they shall bear the costs related to the shipment of the Products to us. Any parties not being a Consumer cannot return any purchased Products.
Consumers must inform us of their intention to return Products to us by sending an email to info@theglobalnote.com, or by filling out the model return form included in Annex 1 to these Terms and Conditions, within 14 (fourteen) days after the Product(s) has/have been received by the Consumer.
Emails from Consumers concerning the return of Products to us must include at least the following information: order number, name, telephone number, email address and delivery address. After receipt of this email, we will provide a return number ("Return Number"). After receipt of the Return Nuber, the Consumer will have an additional 14 (fourteen) days to return the Products to us in accordance with our instructions.
During the withdrawal period, Consumers shall treat the Products and packaging with care and shall only unpack or use the Products in as far as necessary in order to assess the nature, characteristics and efficacy of the Products. Consumers will be liable for the product's devaluation as a consequence of handling the Products other than as permitted.
The order can only be cancelled if the product has a defect or is delivered incomplete. You must then return the product after which The Global Note can assess whether the product does not comply with the quality of the requested product, After review and acknowledgement of the defect The Global Note will reimburse to you all payments received from you, including the costs of delivery. Except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us. Without undue delay and in any event not later than 7 days from the day on which we are informed about your decision to cancel the order.
You are responsible for the chosen shipping method when you return Products. The risk of the Products will transfer to us upon our receipt of the Products. We are not liable for any returned Products that do not reach us (in their entirety), including when Products get lost and/or damaged in the mail.
-
Payment
You shall pay the amounts due to us in accordance with the ordering process and through the payment method selected on the Website. We are free to offer any payment method of our choice and may change these payment methods at any time.
Any refunds will be provided by the method used by you for payment of the Products, unless we agree otherwise.
Conformity
If the delivered Products fail to comply with the Agreement, you must notify us thereof within a reasonable period of time, where a notification within 14 (fourteen) days after you have discovered or should have discovered the defect will be considered reasonable.
If Products fail to comply with the Agreement and you have notified us thereof in time, the Products concerned will be repaired, replaced or (partially) refunded in consultation with you. We will pay the costs of return and other shipping costs in case of faulty Products.
Complaints handling procedure
If you have any complaints in connection with Products that you ordered through or Website, or regarding any other aspects of the Website or our service, you can submit that complaint by email or in writing. Our contact details are provided at the end of these Terms and Conditions.
We will respond to complaints as soon as possible, and in any case within 7 (seven) days after receipt of the complaint. If we are unable to formulate a substantive response to the complaint within such period, we will confirm the receipt of your complaint within 7 (seven) days after the receipt of the complaint and give you an indication of the term within which we expect to give a substantive or definitive response to you.
Liability
We shall only be liable for damages caused by our attributable shortcoming (toerekenbare tekortkoming) in connection with or arising from the Products, these Terms and Conditions or the Agreement. To the extent permitted under mandatory law, the total liability to you due to a attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs) or the amount paid out by our insurer under the applicable insurance policy.
We are not liable towards you for any indirect damages or losses, including but not limited to, consequential damages, loss of profits, loss of savings, loss of data and damage due to business interruption.
We do not exclude or limit our liability in any way where it would be unlawful to do so. For example, the restrictions in this article do not apply for damages caused by intent (opzet) or wilful recklessness (bewuste roekeloosheid) of TGN or its managing employees.
We are not liable for any failure or delay in the performance of our obligations under the Agreement for any damage or loss you have incurred caused by a force majeure event, meaning any event beyond our reasonable control or beyond the control of any third parties engaged by us to fulfil our obligations under the Agreement with you. Force majeure events include, but are not limited to, strikes, accidents, acts or war or terrorism, civil or military disturbances, nuclear or natural catastrophes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, to the extent permitted under applicable law.
Each claim for compensation of damages shall be barred by the mere expiry of 12 (twelve) months following the inception of the claim unless you have instituted legal action for damages prior to the expiry of this period.
Retention of title
As long as we have not received full payment for the Products, we will retain the ownership of the Products. You will own the Products after our receipt of your payment in full.
Personal details
We will process your personal data in accordance with the Privacy Policy and Cookie Policy as published on the Website.
Final provisions
Our Agreements with you and these Terms and Conditions, are construed in accordance with and shall be governed by Dutch law.
Any dispute arising out of or in connection with an Agreement or these Terms and Conditions, including disputes concerning the existence and validity thereof, will, if no amicable settlement can be reached, be exclusively submitted to the competent courts in Amsterdam , the Netherlands. If you are a Consumer, you can opt for settlement of the dispute at the competent court designated by law, within one month after we have invoked this clause.
If you are a Consumer and you reside within the European Union, or in Norway, Iceland or Liechtenstein, you may also be able to refer a dispute to the European Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/consumers/odr. The ODR platform is a web-based platform which is designed to help consumers who bought products or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use. We have discretion as to whether we will agree to a complaint being resolved through the ODR platform.
In the event that any of the provisions contained in these Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein, and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which has as closely as possible meets our intention when inserting the original provision.
We reserve the right to make changes to these Terms and Conditions. We will notify you in a timely manner if such changes are significant and/or have an adverse effect on your rights and obligations. In case of significant or adverse changes, you will have the right to end the Agreement before the changes take effect.
Contact details
Should you have any questions, complaints or comments after reading these Terms and Conditions, or if you need to provide us with a notice, please contact us by using the contact details below.
The Global Note B.V.
Palletweg 78
2031 DC Haarlem
Email: info@theglobalnote.com
Annex I: Model form for right of withdrawal
Model form for right of withdrawal
(this form should only be completed and returned if you want to withdraw from the contract)
To:
The Global Note B.V.
Palletweg 78
2031 DC Haarlem
info@theglobalnote.com
I/we* herewith inform you that, in respect of our contract regarding
The sale of the following products: [description of the product}*
The delivery of the following digital content: [description of the digital content]*
The supply of the following service: [description of the service]*
I/we* exercise our right of withdrawal.
Ordered on*/received on* [date of ordering services or receiving goods]
[Consumer(s)’ name]
[Consumer(s)’ address]
[Consumer(s)’ signature] (only if this form is submitted on paper)
[Date]
* Delete or provide supplementary information, as applicable.