Terms & Conditions
Gypsetters.nl
Confidential
This page (and any other documents that are referred to on it) contains the Terms and Conditions on which we supply any of the products listed on our website www.gypsetters.nl (“our website”) to you.
Please read these Terms and Conditions carefully before ordering any products from our website. You should be aware that by ordering any of our products, you agree to be bound by these Terms and Conditions. If you have any questions or feel unsure about any of the content please contact Customer Service before placing an order. Print the Terms and keep a copy of them for your reference.
We have written these T&C’s with the consumer in mind and have tried to make them as easy to understand as possible. To further enhance your understanding of the terms we have listed some words that are widely used throughout the document.
Here’s the terminology:
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Contract – means any purchase of items from our site between us and you for which these T&C’s are used for.
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Conditions – means the standard T&C’s of the sale, including the Returns Policy and any special terms and conditions confirmed in writing by us.
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Goods – means the products or services which we have sold to you in accordance with our T&C’s
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We – means Gypsetters, and “us” and “our” shall hold the same meaning.
About Us
If you need to contact us, please contact our Customer Service by email at order@gypsetters.nl or by telephone at +31 (0)102420219. Gypsetters is available by phone between 10:00-19:30.
Any transaction you enter into with us through our website is entered into with Discovery for Fashion B.V., our legal entity which owns Gypsetters brand, and owns and operates this website.
Our company address is:
Gypsetters
Botersloot 40A
3011 HH Rotterdam
The Netherlands
Our VAT number is NL 8543.48.372.B.01, and our company is registered with the Dutch Chamber of Commerce under number 61.45.43.70.
About the use of this website and our communication
Accessing our website means that you automatically agree to our Terms and Conditions. If you do not agree with them then please do not use our website and leave it. Our website is provided to you for your personal use only.
If you choose to access this website from outside the EU you are responsible for compliance with local laws if and to the extent local laws are applicable.
We have made every effort to display the products as accurately as possible but cannot guarantee that the product images you see displayed on your screen are a totally accurate representation of the actual merchandise due among other reasons to the technical difference in monitors or screens you may use.
By placing an order through our website, you confirm that you are legally capable of entering into binding contracts, that the personal information which you provide when you register as a customer and place an order is true, accurate, current and complete in all aspects, and that you do not impersonate any other person.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy, and reliability of the website.
As part of our effort to make further improvements to our services we provide to our customer’s telephone calls with and by us may be recorded or monitored. We also may monitor incoming and outgoing emails.
Our employees and agents are not authorized to make any representations concerning the goods unless confirmed first by us to you in writing. When placing an order with us you acknowledge that you have not relied on any such representations which are not confirmed.
All specifications, drawings and particulars of weights, sizes and performance issued by us are approximate only.
Making a contract with us
When you place an order with us, you are making an offer to buy goods. After receipt of your order we will send you an order acknowledgment email detailing the products and prices you ordered. If you do not receive such an email within 48hrs of placing your order please contact our Customer Services.
The order acknowledgment email is an acceptance of your order. Acceptance of your order and formation of the contract will only take place once confirmation has been sent. If your order has not been accepted you will receive an email from us telling you the reasons why.
In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will then not receive an e-mail acknowledging your order and there will be no contract between us. If the goods you order are not available, we may supply you with substitute goods. If you decide not to accept these you will not have to pay to return the goods to us.
Pricing policy
All prices shown in the website are in Euros and inclusive of VAT at 21%.. Where applicable, VAT may change from time to time. In case we use a special sale offer price please note that this might be a limited period offer.
The price for goods remains the same for all countries within the EU.
We take great care in providing you with the right product information and prices. In the unlikely case that an error in pricing appears in goods that you have ordered we will inform you as soon as possible. However we shall be under no obligation to fulfil an order for a product that was shown at an incorrect price. In such a case we will contact you by email.
Delivery charges
No charge will be made to cover postage and packaging on all orders sent to single addresses in the European Union. The delivery charge is included in the product prices shown.
Payment
We accept iDEAL payment, Maestro, Visa Credit, Master card, American Express and PayPal payments.
All credit card holders are subject to validity checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
Description of Products and Availability
If an items sells out we will take it off display as soon as possible. If items that you order should be out of stock, or delayed for any reason, we will try to contact you, or if we receive no response to our e-mail we will continue to process the remaining items of your order.
The place of delivery is deemed to be the shipping/delivery address that you provide in your order. How long it takes for your order to be delivered, depends on your country.
Country |
Estimated Transit Time |
Netherlands |
2-3 days |
Austria |
3-5 days |
Belgium |
3-4 days |
Bulgaria |
4-6 days |
Croatia |
4-6 days |
Cyprus |
5-7 days |
Czech Republic |
4-6 days |
Denmark |
3-5 days |
Estonia |
5-7 days |
Finland |
3-5 days |
France |
3-4 days |
Germany |
3-4 days |
Greece |
5-7 days |
Hungary |
5-7 days |
Ireland |
5-7 days |
Italy |
4-6 days |
Latvia |
5-7 days |
Lithuania |
5-7 days |
Luxembourg |
3-4 days |
Malta |
4-6 days |
Poland |
4-6 days |
Portugal |
5-7 days |
Romania |
5-7 days |
Slovakia |
5-7 days |
Slovenia |
5-7 days |
Spain |
4-6 days |
Sweden |
4-6 days |
United Kingdom |
4-6 days |
If you are not at home during the day that will not be a problem: we will deliver your order wherever you want. In this case it is important that you give the right address when placing the order. Please note it’s not possible to have your order delivered to a P.O. Box.
If the goods are lost or damaged in transit, please let us know promptly, so that we can make a claim against the carrier. We will offer you the choice of a replacement or a full refund. Please see Returns Policy for further details.
Return online purchases
You can return purchases from our webshop by posting your return to our return address. You can do this within 14 days after you or a designated third party has received the order.
How can I return items by post?
Returning your online purchases is simple, just make sure you send the items you want to return. We kindly ask to fill out the return form. You can find the return form within the package of your order. The costs of returning a package must be paid by the customer.
You can return your order through your local post office using a well readable (printed) address label. Attach this label to the outside of the parcel. The label should be clearly visible.
At the post office, you will receive proof of postage, it is important that you retain this in a safe place until your return has been fully processed. You are fully responsible for the safe return of your order so make sure that you have the proof of postage should this be needed. Unfortunately, you can’t exchange an online order.
Returns Processing
It can take 7-9 days from the time you take your returns parcel to the post office to the time that we receive it. We shall reimburse to you all payments received from you, including our costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We can postpone refunding until we have received the product or until you prove you have returned the product, depending on which occurs earlier.
We will only refund the cost of the returned items (not the postage payed by yourself).
Our fast returning procedure will in no way restrict the legal right of withdrawal. Consumers can choose to use our own return policy, but can also use the right of withdrawal as obligated by European law.
The information about the legal procedure can be found below:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day:
-After the product was received by you, or a third party designated by you, who is not the transporting party, or:
– if the delivery of a product involves different deliveries or parts: the day on which you, or a third party designated by you, received the last delivery or the last part;
– with contracts for the regular delivery of products during a given period: the day on which you, or a third party designated by you, received the last product;
– if you have ordered several products: the day on which you, or a third party designated by you, received the last product.
To exercise the right of withdrawal, you must inform us (Gypsetters, Botersloot 40A, 3011 HH, Rotterdam, +31 (0)10 2420219, order@gypsetters.nl), of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including our costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We can postpone refunding until we have received the product or until you prove you have returned the product, depending on which occurs earlier. You have to pay the direct costs incurred for the return shipment.
You shall send back the goods or hand them over to us (Gypsetters, Botersloot 40A, 3011 HH, Rotterdam, +31 (0)10 2420219, order@gypsetters.nl), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You must bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
— To [here the trader’s name, geographical address and, where available, his e-mail address are to be inserted by the trader]:
— I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1),
— Ordered on (1)/received on (1),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(1) Delete as appropriate.
Ordering from outside the European Union
If you order products from our European website for delivery outside the European Union, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. We will not be held liable for any delay in delivery due to parcels being held for inspection by customs.
You are responsible for ensuring that the product you have ordered can be lawfully imported into your desired country. When ordering from us, you are classed as the importer of record and must comply with all laws and regulations of the destination country. We advise you to make any necessary checks in relation to this before placing your order.
We will not be liable for any breach by you of any such laws. You agree that if any liability is incurred by us because of this you will reimburse us for any costs, damages and expenses to us in connection with any such claim.
Payment
Payment from outside of the European Union may be made by any of the methods indicated on our website. But please be aware that if you order form outside the European Union, we might not be able to deliver your products. Payment shall be made in the currency relevant to the country of delivery. The exchange rate will be set by your bank or credit card provider who may also charge you an additional administration fee.
Complaints Procedure
We do our utmost to provide you with the best information, products and services possible. In the case you do have a complaint or other comment to make please contact us by telephone, email or post at the earliest possibility clearly explaining the feedback you have. We will reply within 48hrs.
The European Commission created a Platform for Online Dispute Resolution between Traders and consumers (ODR). You can find the platform under:
http://ec.europa.eu/consumers/odr/
Data protection, privacy and security
We will not transfer, disclose, sell, distribute or lease your personal information to 3rd Parties other than on the following basis:
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Where we have your consent to do so for the purpose of providing a service to you;
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Where it is required by Gypsetters Associates who may, directly or indirectly, render certain services to us or to you or in undertaking activities linked to the operation of such services on our behalf; or
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Where the disclosure is in compliance with legal and/or contractual requirements that we are subject to, including, but not limited to, intergovernmental agreements.
We will not pass your personal information to 3rd Parties (other than on the basis set out above and in accordance with appropriate disclosure requirements we may be subject to) without your consent.
Copyright
This website’s content (including text, design, layout, images, and videos) are protected by copyright and are the property of Gypsetters. Any use other than for your own personal and non-commercial use in line with the transactions and communications between you and us is not allowed without our express written permission.
Liability and Idemnity
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Our liability for losses you suffer as a result of us breaking these Terms and Conditions is strictly limited to the purchase price of the product you purchased. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website.
We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of income or revenue, loss of data, damage or loss of business, loss of profits or contracts, loss of anticipated savings, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or any other indirect or consequential loss arising out of or in connection with your use of the website (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).
You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
Jurisdiction
These Terms & Conditions and all matters connected with any order you place on our website are governed by Dutch law and you agree to submit to the exclusive jurisdiction of the Dutch courts in relation to all matters connected with, or arising out of, the website or any order you place on the website.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
General
These Terms apply to our information and offer to you, the agreement between us and any related communication. We may change our Terms and Conditions at any time, so please do not assume that the same terms will apply to future orders.
In the event of any of these Terms and Conditions to be invalid or unenforceable the remainder of these Terms and Conditions will remain in place. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control which includes any strikes, civil commotion, terrorist attack or threat of terrorist attack, fire, explosion, flood, other natural disaster, impossibility of the use of public or private transport, impossibility of the use of public or private telecommunications networks or any acts, decrees, legislation, regulations or restrictions of any government.
If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.