Below you will find our General Terms and Conditions. These always apply when you use the services we offer or place an order.
The General Terms and Conditions contain important information for you as a buyer. Therefore, read this carefully. We also recommend that you save or print these conditions so that you can read them again at a later time.
Article 1. Definitions
1.1. Terms and Conditions: the present General Terms and Conditions.
1.2. Consumer: the natural person who does not act in the exercise of a profession or business and who concludes an Agreement with GT Enterprise and/or has registered on the Website.
1.3. Right of withdrawal: the option of the Consumer to cancel the Distance Agreement within the cooling-off period.
1.4. Customer: Consumer and Business Customer jointly.
1.5. Agreement: any arrangement or Agreement between GT Enterprise and the Customer, of which these terms and conditions form part.
1.6. Website: the GT Enterprise website, which can be consulted at https://www.gametimer.com including all associated (sub)domains.
1.7. GT Enterprise: GT Enterprise BV, located at Vijfhuizenberg 42 in Roosendaal and registered with the Chamber of Commerce under number 78599342.
1.8. Business Customer: the natural person or legal entity who, acting in the exercise of a profession or business, enters into an Agreement with GT Enterprise and/or has registered on the Website.
Article 2. Applicability of General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, Agreements and deliveries from GT Enterprise, unless expressly agreed otherwise in writing.
2.2. If the Customer includes provisions or conditions in his order, confirmation or notification of acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for GT Enterprise if and insofar as they have been expressly accepted in writing by GT Enterprise.
2.3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always rely on the applicable provision that is most favorable to him.
Article 3. Prices and information
3.1. All prices stated on the Website include VAT and, unless stated otherwise on the Website, other levies imposed by the government.
3.2. If shipping costs are charged, this will be stated clearly in a timely manner before concluding the Agreement. In addition, these costs will be shown separately in the ordering process.
3.3. The content of the Website has been compiled with the greatest care. However, GT Enterprise cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from GT Enterprise are therefore subject to obvious programming and typing errors.
3.4. GT Enterprise cannot be held responsible for (colour) deviations due to screen quality.
Article 4. Establishment of Agreement
4.1. The Agreement is concluded at the moment of acceptance by the Customer of GT Enterprise's offer and compliance with the conditions set by GT Enterprise.
4.2. If the Customer has accepted the offer electronically, GT Enterprise will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.
4.3. If it appears that incorrect information was provided by the Customer when accepting or otherwise entering into the Agreement, GT Enterprise has the right to only fulfill its obligation after the correct information has been received.
4.4. GT Enterprise can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, GT Enterprise has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to impose special conditions on the execution, such as requiring advance payment.
Article 5. Execution of Agreement
5.1. As soon as the order has been received by GT Enterprise, GT Enterprise will send the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.
5.2. GT Enterprise is entitled to engage third parties to perform the obligations arising from the Agreement.
5.3. The delivery period is no later than 30 days after conclusion of the Agreement. The method of delivery can take place in various ways and is at the discretion of GT Enterprise.
5.4. If GT Enterprise cannot deliver the products within the agreed period, it will inform the Customer thereof. In that case, Consumers can agree to a new delivery date or have the option to terminate the Agreement free of charge. For Business Customers, a new delivery date will be agreed in consultation with GT Enterprise or the option will be offered to terminate the Agreement free of charge.
5.5. GT Enterprise advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See further Article 9 which applies to Consumers, and Article 10 which only applies to Business Customers.
5.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk passes to the Customer. If expressly agreed otherwise, the risk will pass to the Customer earlier. If the Customer decides to collect the products, the risk passes to the Customer upon transfer of the products.
Article 6. Use of the Gametimer product
6.1. The Gametimer product can only be used in combination with the accompanying mobile Gametimer App. However, the Gametimer comes without the app. Customer must download the app himself. It is the Customer's responsibility to check whether the app can be used on the Customer's desired device before ordering the Gametimer. The terms of use of the Gametimer App apply accordingly.
6.2. After downloading the app, the Customer must first complete the registration procedure of the app to create his account. When registering, the customer must enter both his own (personal) details and details of the gamer (the child).
6.3. Customer can set the Gametimer via the account. The Gametimer is expressly intended as a tool between parent and child, to teach children how to manage playtime themselves. There is no link between the device used to play and a device cannot therefore be turned off automatically after a playing time on the Gametimer has expired. It is the responsibility of parent and child to 'listen' to the Gametimer.
Article 7. Right of withdrawal
7.1. This article only applies if the Customer is a Consumer. Business Customers are therefore not entitled to a right of withdrawal.
7.2. The Consumer has the right to terminate the distance Agreement with GT Enterprise within fourteen (14) days, without giving reasons, free of charge. This right of withdrawal expires when the product has been manufactured in accordance with the Consumer's specifications (customization).
7.3. The withdrawal period starts on the day after the Consumer, or a third party designated in advance by him, who is not the carrier, has received the product, or:
• If the Consumer has ordered multiple products in the same order: the day after the Consumer, or a third party designated by him, has received the last product;
• If the delivery of a product consists of different shipments or parts:
the day after the Consumer, or a third party designated by him, has received the last shipment or part.
7.4. Consumer must bear the return costs themselves. If these costs are higher than the regular postal rate, GT Enterprise will provide an estimate of these costs. The shipping costs incurred by the Consumer when purchasing the product are not included in the return costs.
7.5. Within the withdrawal period referred to in paragraph 2 of this Article, the Consumer will handle the product and packaging with care. The Consumer is not permitted to proceed with the treatment of the product beyond what is necessary to determine the nature, characteristics or operation of the product. If this provision is not complied with, the Consumer is liable for the depreciation of the product.
7.6. The Consumer can terminate the Agreement in accordance with the term stated in paragraph 2 of this Article by sending the model withdrawal form (digitally) to GT Enterprise, or otherwise unequivocally informing GT Enterprise that he renounces the purchase. In the event of a digital notification, GT Enterprise confirms receipt of that notification. After cancellation, the Consumer still has 14 days to return the product. It is also possible to immediately return the product within the cooling-off period stated in paragraph 2 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed.
Products can be returned to:
GT Enterprise BV
Vijfhuizenberg 42
4708AL Roosendaal
The Netherlands
7.7. Amounts already paid (in advance) by the Consumer will be refunded to the Consumer as soon as possible, but no later than fourteen (14) days after termination of the Agreement, in the same manner as the Consumer paid for the order. If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, GT Enterprise does not have to reimburse the additional costs associated with the more expensive method. Unless GT Enterprise offers to collect the product itself, GT Enterprise may wait with reimbursement until GT Enterprise has received the product or until the Consumer demonstrates that he has returned the product, whichever is the earlier.
7.8. Information about whether or not the right of withdrawal applies and any desired procedure is clearly stated on the Website in a timely manner before concluding the Agreement.
Article 8. Payment
8.1. Customer must make payments to GT Enterprise according to the payment methods indicated in the ordering procedure and possibly on the Website. GT Enterprise is free to choose its payment methods and these may also change from time to time. The payment term of fourteen (14) days starts on the day after delivery. Business Customers must always pay the entire invoice amount prior to delivery.
8.2. If the Customer does not timely fulfill its payment obligation under an Agreement, GT Enterprise is entitled to suspend the execution of the Agreement until the Customer has fulfilled its payment obligation.
8.3. If the Customer does not meet its payment obligation on time, the Customer is, after GT Enterprise has informed the Customer that the payment term has been exceeded and GT Enterprise has subsequently granted the Customer a period of fourteen (14) days to still meet its payment obligation, after If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and GT Enterprise is entitled to charge the extrajudicial collection costs incurred by GT Enterprise in accordance with the Decree on compensation for extrajudicial collection costs (BIK).
Article 9. Warranty and conformity
9.1. This article only applies if the Customer is a Consumer.
9.2. GT Enterprise guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the Agreement. If specifically agreed, GT Enterprise also guarantees that the product is suitable for other than normal use.
9.3. If the delivered product does not comply with the Agreement, the Consumer must notify GT Enterprise of this, preferably in writing, within a reasonable period after discovering the defect.
9.4. If the delivered product does not comply with the Agreement, the product will be repaired, replaced or reimbursed after consultation with the Consumer. The maximum reimbursement is equal to the price paid by the Consumer for the product.
Article 10. Guarantee for business purchases
10.1. This article only applies if the Customer is a Business Customer.
10.2. GT Enterprise guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the Agreement. If specifically agreed, GT Enterprise also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
10.3. If the delivered product does not comply with the Agreement, the Business Customer can notify GT Enterprise within six (6) months after purchasing the product. If the Business Customer does not do this, he can no longer claim repairs if the product was delivered defective.
10.4. If the product does not comply with the Agreement, the Business Customer can send the product to GT Enterprise for free repair. The shipping costs are borne by the Business Customer. GT Enterprise may also choose to offer a replacement product instead of repair.
10.5. If GT Enterprise considers the complaint to be justified (the Business Customer may be asked to demonstrate that he himself had no influence on the occurrence of the defect), the relevant products will be repaired or replaced after consultation with the Business Customer.
Article 11. Complaints procedure
11.1. If the Customer has a complaint about a product (in accordance with Article 9 or Article 10) and/or about other aspects of GT Enterprise's services, he can submit a complaint to GT Enterprise by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
11.2. GT Enterprise will provide the Customer with a response to his complaint as soon as possible, but in any case within fourteen (14) days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, GT Enterprise will confirm the complaint within fourteen (14) days of receipt of the complaint and give an indication of the period within which it expects to provide a substantive or definitive response. to the Customer's complaint.
11.3. Consumers can also submit a complaint via the European dispute resolution platform, which can be reached via http://ec.europa.eu/odr/ .
Article 12. Liability
12.1. This Article only applies if the Customer is a natural person or legal entity acting in the exercise of his profession or business.
12.2. The total liability of GT Enterprise towards the Business Customer due to an attributable shortcoming in the performance of the Agreement is limited to reimbursement of a maximum of the amount of the price paid by the Business Customer for that Agreement (including VAT), with a maximum of € 500 ( including VAT).
12.3. Liability of GT Enterprise towards the Business Customer for indirect damage, which in any case - but expressly not exclusively - includes consequential damage, lost profits, lost savings, loss of data and damage due to business stagnation, is excluded.
12.4. Apart from the cases mentioned in the previous two paragraphs of this Article, GT Enterprise has no liability whatsoever towards the Business Customer for compensation, regardless of the grounds on which an action for compensation would be based. Any limitation or exclusion of liability included in the Agreement or the General Terms and Conditions does not apply if and insofar as the damage is the result of intent or deliberate recklessness on the part of GT Enterprise or in the event of damage due to death or serious bodily injury.
12.5. GT Enterprise's liability towards the Business Customer due to an attributable shortcoming in the performance of an Agreement only arises if the Business Customer immediately and properly gives GT Enterprise notice of default in writing, setting a reasonable period in which to remedy the shortcoming, and GT Enterprise also after that period. continues to fail in the fulfillment of its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that GT Enterprise is able to respond adequately.
12.6. A condition for the existence of any right to compensation is that the Business Customer reports the damage in writing to GT Enterprise as soon as possible, but no later than thirty (30) days after it occurred.
12.7. In the event of force majeure, GT Enterprise is not obliged to compensate any damage caused to the Business Customer.
Article 13. Retention of title for business purchases
13.1. All delivered goods remain the property of GT Enterprise until all claims that GT Enterprise has on the Business Customer (including any related (collection) costs and interest) have been paid in full.
13.2. Before the transfer of ownership referred to, the Business Customer is not authorized to sell, deliver or otherwise dispose of these items other than in accordance with his normal business and the normal destination of the items. In addition, the Business Customer is not permitted to pledge these items or grant any other right to them to third parties as long as the ownership of these items has not been transferred to the Business Customer.
13.3. The Business Customer is obliged to store the goods delivered under retention of title carefully and as recognizable property of GT Enterprise.
13.4. GT Enterprise is entitled to take back the goods that have been delivered under retention of title and are still present with the Business Customer if the Business Customer does not ensure timely payment of the invoices or is or is likely to have payment difficulties.
13.5. Business Customer will at all times grant GT Enterprise free access to its goods for the purpose of inspecting them and/or exercising the rights of GT Enterprise.
Article 14. Personal data
14.1. GT Enterprise processes the Customer's personal data in accordance with the privacy statement published on the Website.
14.2. In order to use the Gametimer product, the Customer must download the Gametimer app. When registering the account for the app, the Customer must enter both his own personal data as the main user and data of the child who will use the Gametimer when gaming. These personal data are processed in the context of the implementation of this agreement.
Article 15. Final provisions
15.1. Dutch law applies to the Agreement. If the Customer is a natural person who does not act in the exercise of his profession or business, this choice of law does not affect the protection that the Customer enjoys under the mandatory law of his place of residence.
15.2. Unless otherwise prescribed by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court for the district in which GT Enterprise is located.
15.3. If any provision of the Agreement proves to be void, this will not affect the validity of the entire Agreement. In that case, the parties will establish a new provision(s) to replace it, which will reflect the intention of the original provision as much as legally possible.
15.4. In these terms and conditions, “in writing” also includes communication by e-mail or any other electronic means of communication, provided that the identity of the sender and the integrity of the message are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us.
GT Enterprise BV
Vijfhuizenberg 42
4708AL Roosendaal
Email: info@gametimer.com
Chamber of Commerce number: 78599342
VAT number: NL.8614.64.874.B01
Appendix I: Model withdrawal form