Gametimer General Terms and Conditions
Please find our General Terms and Conditions below. These terms and conditions will apply whenever you use the services that we provide or place an order. The General Terms and Conditions contain important information for you as a consumer. For this reason, we recommend that you read them carefully. We also recommend that you save and print these General Terms and Conditions so that you can re-read them at a later point in time.
Article 1. Definitions
1.1. General Terms and Conditions: these general terms and conditions.
1.2. Consumer: a natural person who is not acting in the exercise of a trade or profession and who enters into an Agreement with GT Enterprise and/or who has registered on the Website.
1.3. Right of Withdrawal: the possibility afforded to the Consumer to decide, within the cooling-off period, not to proceed with the distance Agreement.
1.4. Customer: Consumer and Business Customer jointly.
1.5. Agreement: any commitment or agreement between GT Enterprise and the Customer, and of which these terms and conditions are a part.
1.6. Website: the website of GT Enterprise, which can be consulted via https://www.gametimer.com, including all corresponding domains and sub-domains.
1.7. GT Enterprise: GT Enterprise B.V., established at Ettenseweg 4C in Roosendaal and registered with the Chamber of Commerce under number 20056126.
1.8. Business Customer: a natural or legal person acting in the exercise of a trade or profession, who has entered into an Agreement with GT Enterprise and/or who has registered on the Website.
Article 2. Scope of the General Terms and Conditions
2.1. These General Terms and Conditions apply to all the offers of, Agreements with and supplies by GT Enterprise, unless expressly agreed otherwise in writing.
2.2. If the Customer incorporates terms or conditions in its order, confirmation or notice of acceptance that differ from or are not included in the General Terms and Conditions, these will only be binding on GT Enterprise if and insofar as GT Enterprise has expressly accepted them in writing.
2.3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions will apply as well, whereby the Customer can always invoke the applicable condition most favourable in its case if there should be any inconsistency between conditions.
Article 3. Prices and information
3.1. All prices quoted on the Website include VAT and other government levies, unless the Website states otherwise.
3.2. If any shipping costs are charged, this will be stated clearly and well before the Agreement is concluded. In addition, these costs will be specified separately in the ordering process.
3.3. The content of the Website has been compiled with the greatest possible care. However, GT Enterprise cannot guarantee that all the information on the Website is correct and complete at all times. All prices and other information provided on the Website and in other material issued by GT Enterprise are therefore subject to evident programming and typing errors.
3.4. GT Enterprise cannot be held responsible for colour variations or other deviations due to screen quality.
Article 4. Formation of the Agreement
4.1. The Agreement will be formed at the moment when the Customer accepts GT Enterprise’s offer and fulfils the conditions set by GT Enterprise in that context.
4.2. If the Customer accepted the offer electronically, GT Enterprise will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer will be able to terminate the Agreement.
4.3. If it appears that the Customer provided incorrect information when accepting the offer or otherwise concluding the Agreement, GT Enterprise will have the right to suspend fulfilment of its obligation until the correct information has been received.
4.4. Within the statutory parameters, GT Enterprise may investigate whether the Customer is able to meet its payment obligations, as well as verify the facts and factors that are important in order to conclude the Agreement in a responsible manner. If GT Enterprise has good reasons not to conclude the Agreement following this investigation, it will be entitled to refuse an order or request or to attach special conditions such as advance payment to their fulfilment, giving its reasons.
Article 5. Performance of the Agreement
5.1. Once GT Enterprise has received the order, it will send the products to the Customer as soon as possible, with due observance of the provisions of Paragraph 3 of this article.
5.2. GT Enterprise is entitled to engage third parties in the fulfilment of its obligations under the Agreement.
5.3. The delivery period shall not exceed 30 days after the conclusion of the Agreement. Delivery may be effected in various ways, at the discretion of GT Enterprise.
5.4. If GT Enterprise is unable to deliver the products within the agreed term, it will notify the Customer accordingly. In that case, Consumers may agree to a new delivery date or will be offered the opportunity to withdraw from the Agreement without incurring any costs. Business Customers may either consult with GT Enterprise on the agreement of a new delivery date or will be offered the opportunity to withdraw from the Agreement without incurring any costs.
5.5. GT Enterprise recommends that the Customer inspects the products upon delivery and reports any defects within an appropriate period, preferably in writing. Please see Article 9, which applies to Consumers and Article 10, which only applies to Business Customers.
5.6. The risk will pass to the Customer as soon as the products have been delivered at the agreed delivery address. If the parties have expressly agreed otherwise, the risk may pass to the Customer at an earlier stage. If the Customer decides to collect the products, the risk will pass to the Customer when the products are transferred.
Article 6. Use of the Gametimer product
6.2. After downloading the app, the Customer must first complete the registration process of the app in order to create an account. When registering, the Customer must provide both its own personal data as well as those of the gamer (the child).
6.3. The Customer will be able to configure the Gametimer using the account. The Gametimer is expressly intended to be used as a tool between parent and child, teaching children to manage their own time spent gaming. There is no connection with the device used and a device consequently cannot be switched off automatically after the gaming time has expired on the Gametimer. It is the individual responsibility of the parent and child to ‘obey’ the Gametimer.
Article 7. Right of Withdrawal
7.1. This articles shall only apply if the Customer is a Consumer. Business Customers therefore have no Right of Withdrawal.
7.2. The Consumer has the right to terminate the distance Agreement with GT Enterprise within fourteen (14) calendar days, without incurring costs and without stating reasons. This Right of Withdrawal shall lapse at the moment that the product has been manufactured (bespoke) according to the specifications of the Consumer.
7.3. This withdrawal period will start on the day after the Consumer, or a third party – not being the carrier – previously designated by the Consumer, has received the product, or:
• if the Consumer’s order involved several products: the day on which the Consumer, or a third party designated by the Consumer, received the last product;
• if the delivery of a product consist of several shipments or parts: the day after the Consumer, or a third party appointed by the Consumer, has received the last shipment or the last part.
7.4. The Consumer shall bear the return costs themselves. If these costs are higher than the regular postage rate, GT Enterprise will provide an estimate of these costs. The shipping costs that have been incurred by the Consumer when purchasing the product shall not be included in the costs for returning the product.
7.5. During the withdrawal period referred to in Paragraph 2 of this article, the Consumer will treat the product and its packaging with the utmost care. In handling the product, the Consumer may not go beyond what is necessary to determine the nature, the properties or the functioning of the product. In case of non-compliance with this provision, the Consumer will be liable for the depreciation of the product.
7.6. The Consumer may terminate the Agreement during the period specified in Paragraph 2 of this article by sending or electronically submitting the model withdrawal form to GT Enterprise, or by otherwise notifying GT Enterprise in an unambiguous manner that he or she is cancelling the purchase. In the event of a digital notification, GT Enterprise will confirm receipt of that notification. Following termination, the Consumer will have a period of 14 days in which to return the product. Alternatively, the product may be returned immediately within the reflection period specified in Paragraph 2 of this article, provided that the model withdrawal form or other unambiguous notification of withdrawal is enclosed.
Products can be returned to the following address:
GT Enterprise B.V.
4706 PB Roosendaal
7.7. Any amounts already paid or prepaid by the Consumer will be refunded to the Consumer as soon as possible, but in any case within fourteen (14) days of the termination of the Agreement, by the same method which the Consumer used to pay for the order. If the Consumer opted for a more expensive delivery method than the cheapest standard delivery, GT Enterprise will not be required to refund the additional costs for the more expensive method. Unless GT Enterprise offers to collect the product itself, GT Enterprise may postpone the refund until GT Enterprise has received the product or until the Consumer has demonstrated that he or she returned the product, whichever is earlier.
7.8. Information about the applicability or non-applicability of a Right of Withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
Article 8. Payment
8.1. The Customer must pay the amounts due to GT Enterprise using the payment methods specified in the ordering procedure and on the Website. GT Enterprise is free to offer any payment method of its choice and may change these methods at any time. The term of payment of fourteen (14) days starts on the day after delivery. Business Customers must always pay the full invoice amount prior to delivery.
8.2. If the Customer fails to fulfil its payment obligation under an Agreement in a timely manner, GT Enterprise shall be entitled to suspend the performance of the Agreement until the Customer has fulfilled its payment obligation.
8.3. If the Customer fails to meet its payment obligation in time and, having been notified by GT Enterprise that payment is overdue and offered a period of fourteen (14) days in which to meet its payment obligations, fails to effect payment within this 14-day period, the Customer will owe interest at the statutory rate on the outstanding amount and GT Enterprise will be entitled to pass on the extrajudicial collection costs that it has incurred to the Customer in accordance with the Extrajudicial Collection Costs (Fees) Decree (Besluit vergoeding voor buitengerechtelijke incassokosten, BIK).
Article 9. Guarantee and conformity
9.1. This article only applies if the Customer is a Consumer.
9.2. GT Enterprise will guarantee that the products satisfy the Agreement, the specifications laid down in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that are in force on the date when the Agreement is signed. If specifically agreed, GT Enterprise will also guarantee that the product is suitable for purposes other than its normal use.
9.3. If the delivered product does not satisfy the Agreement, the Consumer must notify GT Enterprise accordingly within a reasonable period of detecting the defect, preferably in writing.
9.4. If the delivered product does not correspond to the requirements of the Agreement, the product shall be repaired, replaced or reimbursed following consultation with the Consumer. The refund cannot exceed the price paid for the product by the Consumer.
Article 10. Guarantee for business purchases
10.1. This article only applies if the Customer is a Business Customer.
10.2. GT Enterprise will guarantee that the products satisfy the Agreement, the specifications laid down in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that are in force on the date when the Agreement is signed. If specifically agreed, GT Enterprise will also guarantee that the product is suitable for purposes other than its normal use. Otherwise, the product shall be deemed to be suitable for normal use.
10.3. If the delivered product does not satisfy the Agreement, the Business Customer must notify GT Enterprise accordingly within six (6) months after purchasing the product.. Should the Business Customer fail to do so, it is no longer entitled to have the product repaired should the product delivered be defective.
10.4. If the product does not meet the requirements of the Agreement, the Business Customer may return the product to GT Enterprise for repair free of charge. The shipping costs are payable by the Business Customer. GT Enterprise may also choose to offer a replacement product instead of repairs.
10.5. If GT Enterprise deems the complaint to be well founded (the Business Customer may be asked to demonstrate that it did not contribute to the defect arising), the relevant products will be repaired or replaced following consultation with the Business Customer.
Article 11. Complaints handling procedure
11.1. If the Customer has any grievances in connection with a product (in accordance with Article 9 or 10) and/or about other aspects of GT Enterprise’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
11.2. GT Enterprise will respond to the complaint as soon as possible, and in any case within fourteen (14) days of having received the complaint. If it is not yet possible for GT Enterprise to formulate a substantive reaction to the complaint by that time, GT Enterprise will confirm receipt of the complaint within fourteen (14) days of having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the Customer’s complaint.
11.3. Consumers may also submit a complaint via the European Online Dispute Resolution platform, which is available on http://ec.europa.eu/odr/.
Article 12. Liability
12.1. This article only applies if the Customer is a natural or legal person acting in a professional or commercial capacity.
12.2. GT Enterprise ’s total liability to the Business Customer due to attributable failure to perform the Agreement is limited to compensation not exceeding the amount of the price paid by the Business Customer under that Agreement (including VAT), with a maximum of EUR 500 (including VAT).
12.3. GT Enterprise disclaims any liability to the Business Customer for indirect losses, in any case including – but expressly not limited to – consequential losses, lost profits, missed savings, data losses and losses due to business interruption.
12.4. Except for the cases referred to in the preceding two paragraphs of this article, GT Enterprise will not be liable to pay the Business Customer any compensation whatsoever, regardless of the grounds on which an action for compensation may be based. Any limitation or exclusion of liability stipulated in the Agreement or the General Terms and Conditions shall not apply in the event and to the extent that the loss and/or damage is attributable to an intentional act or wilful recklessness on the part of GT Enterprise’s management, or in case of (2) death or grievous bodily harm.
12.5. GT Enterprise will only be liable to the Business Customer on account of attributable failure to perform an Agreement if the Business Customer promptly gives GT Enterprise proper notice of default in writing, specifying a reasonable period of time in which to remedy the failure, and GT Enterprise still fails to fulfil its obligations after that period has expired. The notice of default must describe the failure in the greatest possible detail, so as to enable GT Enterprise to provide an adequate response.
12.6. Any right to claim compensation will at all times be subject to the condition that the Business Customer sends GT Enterprise written notification of the loss within thirty (30) days after it has arisen.
12.7. In the event of force majeure, GT Enterprise will under no circumstances be liable to compensate the Business Customer for any loss suffered by the latter as a result.
Article 13. Retention of title for business purchases
13.1. All delivered goods shall remain the property of GT Enterprise until all claims that GT Enterprise has on a Business Customer (including any associated collection costs, other costs and interest) have been paid in full.
13.2. Prior to the foregoing transfer of ownership, Business Customers shall not be authorised to sell, deliver or otherwise dispose of these goods, other than in accordance with their normal activities and the normal destination of the goods. In addition, Business Customers shall not be allowed to assign these goods or to grant third parties any other rights as long as the ownership of these goods has not been transferred to the Business Customers.
13.3. Business Customers shall be obliged to store the goods delivered under retention of title with care and as recognisable property of GT Enterprise.
13.4. GT Enterprise shall be entitled to take back the goods which have been delivered under retention of title and which are still present at the Business Customer if the Business Customer has not ensured the timely payment of the invoices or is experiencing payment difficulties or is threatening to experience payment difficulties.
13.5. Business Customers shall grant GT Enterprise free access to inspect its goods and/or to exercise its rights at all times.
Article 14. Personal data
14.1. GT Enterprise shall process the Customer’s personal data in accordance with the Privacy and Cookie Statement published on the Website.
14.2. The Customer must download the Gametimer app in order to use the Gametimer product. When registering the account for the app, the Customer must provide both its personal details as a main user and the details of the child who is to use the Gametimer when gaming. Processing these personal data will take place for the purposes of the performance of this Agreement.
Article 15. Concluding provisions
15.1. The Agreement is governed by Dutch law. If the Customer is a natural person not acting in a professional or business capacity, this choice of law will not affect the protection which the Customer enjoys under the mandatory law of his or her place of residence.
15.2. To the extent that the rules of mandatory law do not prescribe otherwise, all disputes that may arise from the Agreement will be submitted to the competent Dutch court in the district in which GT Enterprise has its offices.
15.3. If any provisions in the Agreement are declared null and void, this will not affect the validity of the entire Agreement. In that case, the parties will replace that provision by one or more new provisions which will reflect the purpose of the original provision as much as is possible under the law.
15.4. The term ‘written’ in these terms and conditions also refers to communication by email or any other electronic means of communication, provided that the sender’s identity and the integrity of the message have been sufficiently established.
If you should have any questions, complaints or comments after reading these General Terms and Conditions, feel free to contact us.
GT Enterprise B.V.
4706 PB Roosendaal
Chamber of Commerce number: 20056126
VAT number: NL.8043.95.901.B01
Appendix I: Model Withdrawal Form