The following terms and conditions (“Terms and Conditions”) are valid between you(“Buyer”, “customer”, “user”, “you”, “your”)andGAUGE81B.V. (“GAUGE81”,“Seller”,“us”, “we”, “our”) and apply to all use of and orders placed ontheGAUGE81website https://gauge81.com(“Website”, “site”, “store”).
Seller: GAUGE81 B.V.
Statutory seat: Amsterdam, the Netherlands
Office address: Keizersgracht 562, 1017 EM, Amsterdam, The Netherlands
Email address: email@example.com
Chamber of Commerce (KVK): 74373846
Buyer: a natural person who is 18 years of age or older who is not acting within the context of practicing a profession or conducting a business, with whom the Seller concludes an Agreement.
Order: an order placed by the Buyer in accordance with the procedure described in ARTICLE 2 for the delivery of one or more Products.
Product: a GAUGE81 product that the Seller offers for sale on the Website.
Purchase Price: the price indicated on the Website for a Product, including the VAT and the shipping costs.
Agreement: The Order, which the Seller has accepted as such.
GAUGE81 offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/or placing an order on the Website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may choose not to access the website nor use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions that have been made available online by the Seller on www.gauge81.com govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.
ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT
2.1 An Agreement will be concluded by the Buyer and the Seller exclusively by means of the Seller’s acceptance of an Order (the offer) from the Buyer that has been placed on or via the Website in the following manner:
1. The Buyer has selected the Product desired in the desired style and has added the Product to the shopping cart.
2. The Buyer has followed and completed the following steps: a) The Buyer has filled in his/her address details and, if the delivery address is not the same as the invoice address, the delivery address desired. b) The Buyer has checked the order. c) The Buyer has selected the payment method desired and possibly has made a full advance payment.
3. The Order has been placed.
The Buyer will receive a confirmation of the Order that has been placed in an electronic manner (via the Website). If the Order has been accepted by the Seller, the Seller will send the Buyer a confirmation, by e-mail, as soon as possible after the Order has been placed.
2.2 The Seller will be entitled to reject the Order placed by the Buyer in the following cases, among others:
1. If the information that the Buyer has filled in is incorrect and/or incomplete, or if the Seller is reasonably entitled to doubt whether that is the case.
2. If the Buyer’s payment is not received within the agreed term.
3. If the Buyer has already failed to comply with his/her payment obligations towards the Seller in the past.
4. If the Buyer in the past has failed to accept and/or collect Orders that he/she placed with the Seller.
5. If there is an obvious mistake or clerical error, for example in the prices indicated on the Website.
6. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Seller will notify the Buyer as quickly as possible if an Order is not accepted.
2.3 The Seller will keep the Agreement on file and retain it for a certain term (having a minimum of seven years). If the Buyer has his/her own account, he/she will be able to consult the Agreement by logging in to that account. The Buyer may also request a copy of the Agreement from the Seller – as long as the Seller has it on file – by contacting the Seller via the contact details that can be obtained by clicking on the ‘Contact’ button on the Website.
2.4 The Agreement, including the security and privacy placed on the Website and these General Terms and Conditions, constitute the entire agreement between the Buyer and the Seller with respect to the use of the Website and the placement and execution of an Order.
ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES
3.1 Shipment will be made using a carrier designated by the Seller.
3.2 Handling and shipping costs depend on the country and the total amount of the order. They shall be indicated on the invoice.
3.3 GAUGE81 cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.
3.4 After the Agreement has been concluded the Seller will send the Products as quickly as possible, and in any event within fourteen (14) days from confirmation by e-mail of the order, to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price if the Buyer has chosen for advance payment and unless the parties have agreed on a longer delivery period (subject to stock availability and except for the special case of Product sold “on pre-order” for which the Website indicates the specific estimated time of delivery). By exception of the abovementioned time frames, “pre-order” transactions may be subject to shipping periods that might exceed the estimated shipping time. The estimated shipping time for “pre-order” transactions may be as long as 1 to 9 months as of the date of the order, as mentioned in the purchase process.
3.5 The Seller will make delivery in accordance with agreed delivery dates to every extent possible; however, the Buyer acknowledges that the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller.
3.6 The Buyer will receive notice within 14 (fourteen) days after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case the Buyer will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.
3.7 The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are delivered.
ARTICLE 4. PRICE AND PAYMENT
4.1 The Price of Products indicated on the Website are denominated in euros, with also the possibility to pay in the following currencies [insert additional currencies] (on the basis of a daily conversion via the converter used for the Website) including Value Added Tax (VAT) and excluding customs duties, for orders outside of the EU that shall be borne by the Customer. If applicable, the VAT will be shown on the order confirmation. The shipping costs will be charged separately in respect of each Agreement. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.
4.2 GAUGE81 reserves the right to change at any time and without prior notice the prices of Products offered on the Website. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.
4.3 Payment may be made using the methods indicated on the Website and must be made before the Product has been delivered.
4.4 The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.
4.5 In the event that the Buyer exceeds the term for payment he/she will be in default by operation of law, and the Seller will be entitled to charge statutory interest on the outstanding amount as from the due date.
ARTICLE 5. RIGHT TO RETURN
5.1 The Buyer will be entitled to return the Product that has been delivered, within a term of 14 days after the Product has been received. Any parcel returned after the prescribed timeframe shall be refused and returned to the sender. The costs and risks pertaining to the return of Products are borne by the sender.
5.2 In order for the customer service to accept the exchange and/or reimbursement, the Product must be returned in full condition in its original packing, undamaged, with its label attached, not worn, accompanied by all of its accessories. The Customer shall not have to justify the reasons or pay penalties, with the exception of return costs.GAUGE81 cannot be held responsible in the event of loss, theft or damage of the parcel. Parcels for which the Customer’s identification (surname, first name, address and return code) is missing shall be refused.
5.3 The Buyer will not be permitted to exchange the Product for another Product. If the Buyer wishes to purchase another Product he/she will have to place a new order on the Website. Any costs made for returning the goods will be for the Buyers account.
5.4 In the event the Customer makes a valid use of this right by the Customer, GAUGE81 shall reimburse the Customer for the sums paid by the same and corresponding to the acquisition of the returned Products (therefore excluding potential customs duties), within a maximum period of 14 days by bank transfer into the account used bearing the Customer’s name.
ARTICLE 6. COMPLAINTS
6.1 The contact details of the Seller can be found by clicking on the ‘contact’ button on the Website.
6.2 The Buyer will be obliged to inspect the Product when it has been delivered and to notify the Seller within 14 days in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.
6.3 The Seller will respond to any complaints that it receives within a term of 14 days after receipt. The Seller will notify the Buyer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.
6.4 The Buyer acknowledges that minor deviations, deviations that are generally considered acceptable and deviations that cannot be avoided or that are difficult to avoid in respect of the quality, size, color, finishing, etc. of the Products cannot be avoided or are difficult to avoid and do not constitute a well-founded reason to submit a complaint. Such complaints, and complaints regarding the fact that certain articles have been taken out of the product range, are not well founded. The Seller will not be liable for any damage that the Buyer sustains as a result of such complaints.
6.5 The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller immediately in the event that the Buyer suspects that a Product has a safety defect and is subject to being recalled.
ARTICLE 7. PERSONAL INFORMATION
ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS
8.1 All documents, information, texts, graphs, images, photographs or any other content published on the www.gauge81.com are the exclusive property of GAUGE81. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever, without the express authorisation of the publication manager.
GAUGE81 is the owner of all the intellectual property (with the exception of authors’ moral rights) pertaining to Products and distinctive trademarks and signs under which the Products are marketed.
The Customer acknowledges without reservations the intellectual property rights of GAUGE81 and undertakes not to infringe them in any manner howsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, provide a licence or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to GAUGE81.
8.2. Any and all marks, product names, logos, models and designs (referred to below as the “IP Rights”) that are depicted on or affixed to the Products or otherwise related to the Products are the property of the Seller or one or more of its group companies. The Buyer acknowledges the Seller’s proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way, and the Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.
8.3 The Seller refers to the disclaimer with regard to the intellectual property rights in respect of the Website.
ARTICLE 9. PROHIBITED USES
9.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 10. STATUTORY WARRANTIES
10.1 The Products sold by GAUGE81 are subject to the conditions of statutory warranties.
GAUGE81 shall refuse any complaint for Products that have been used contrary to their intended use.
Any complaint regarding the Products in their current form and without relation to the delivery must be submitted by e-mail to the address firstname.lastname@example.org.
10.2 Statutory warranty of conformity:
GAUGE81 shall deliver to the Customer a Product that complies with the contract and which is exempt from conformity defects at the time of the delivery of said Product, to the extent that the Product shall be fit for the use normally expected of similar goods and that it shall have the characteristics featured during the sale.
10.3 Statutory warranty against hidden defects:
GAUGE81 shall ship to the Customer a Product free of hidden defects that would make it unfit for the use for which it was intended, or that substantially decreases this use, that he/she/it would not have acquired it or would have paid a lower price if he/she/it had been aware of them.
10.4 These guarantees shall apply provided that the Customer makes the request in a period of 6 months following the delivery of the Product (for the statutory warranty of conformity) or the discovery of the defect (for the statutory warranty of hidden defects).
Conformity defects that appear within a period of 6 months from delivery are presumed to exist at the time of delivery, unless proven otherwise.
In the event of an actual non-conformity on a Product sold by GAUGE81, the Customer may choose between the Product being repaired or replaced unless one of these choices are commercially unreasonable for GAUGE81. If the repair or the replacement of the Product is impossible, the Customer may be reimbursed and shall return the Product or keep the Product and have a part of the price reimbursed to him/her/it, unless the conformity defect is minor.
In the event of an actual hidden defect on a Product sold by GAUGE81, the Customer shall have the choice of returning the Product and having the price and costs incurred by the sale returned or keeping the Product and having a part of the price returned to him/her/it.
In any event, it shall be up to the Customer to prove that he/she/it fulfils the conditions of the guarantee properly.
The return, replacement or reimbursement of the Product shall occur without costs for the Customer and shall not prevent the potential damages where applicable.
ARTICLE 11. PRODUCTS OR SERVICES
11.1 Certain products or services may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of GAUGE81. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 12. THIRD-PARTY LINKS
12.1 Certain content, products and services available via our Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. GAUGE8 is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ARTICLE 13. FORCE MAJEURE
13.1 In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of GAUGE81 in the fulfillment of any obligation to the customer cannot be attributed to us in any situation independent of our will, when the fulfillment of our obligations towards you is prevented in whole or in part or when the fulfillment of the obligations cannot reasonably be required from us.
13.2 The force majeure situation referred to is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
13.3 If a situation of force majeure arises as a result of which we cannot fulfill one or more obligations towards you, these obligations will be suspended until we can comply with it.
13.4 From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. We do not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
ARTICLE 14. APPLICABLE LAW
The agreement between the Buyer and the Seller is governed by Dutch law.
ARTICLE 15. VERSION OF THE TERMS AND CONDITIONS
The latest update of the Terms and Conditions of GAUGE 81 B.V. was written in April 2023.
GAUGE81 B.V. hereby grants you a non-exclusive, revocable, non-assignable and non-sublicensable right to use the Website and the Service for personal and non-commercial use only. All other use is prohibited, including disclosure, copying, distribution and linking (including framing and deeplinking). GAUGE81 B.V. makes reasonable efforts to ensure that the Information on the Website is accurate and up-to-date. However, GAUGE81 B.V. does not guarantee that the Information is complete and correct.
Electronic communication is not secure and may be intercepted by others, software or spam filters; manipulated; infected with malicious code including viruses; not arrive at its destination or be delayed.
Use of the Website and the Information is at your own risk. GAUG81 does not warrant the operability, accuracy, reliability, completeness, timeliness of the Website nor the uninterrupted, timely, secure or error-free operation of the Website. Use of the Website (including downloading thereof) is at your own risk. GAUGE81 does not guarantee that the Website, the servers or electronic communication is free of viruses or other harmful material.
The provisions in these terms are made for the benefit of GAUGE81 B.V. and its past, present and future group companies, shareholders in GAUGE81 B.V. and their respective holding companies, persons having worked for, working for and going to work for GAUGE81 B.V. or any of its group companies (such as partners, advisors, employees, interns, trainees, temps and free-lancers and including third party suppliers and subcontractors).
The legal relationships to which these general conditions apply shall be governed by and construed in accordance with Dutch law. Disputes shall be submitted to the competent court in Amsterdam. Not with standing the above, GAUGE81 B.V. shall have the right to institute proceedings in any competent court in your jurisdiction.