Terms and Conditions

General Terms and Conditions Good Mood Shops

Until
was established on May 25, 2020.

General
Voorwaarden Good Mood Shops, gevestigd aan Industrieweg Oost 5A1, 6662 NE te
Elst, ingeschreven bij de KvK onder nummer 72256982.

Article 1 Definitions

In these General Terms and Conditions, the following terms are used with the following meaning, unless expressly stated otherwise.

Terms and Conditions: The General Terms and Conditions as stated below.

Good Mood Shops:   Good Mood Shops, ingeschreven bij
the Chamber of Commerce under number 
72256982. Good Mood Shops is a company focused on the
online sale of a very wide range of Products. For the current
range of Good Mood Shops is referred to its website:
www.wapshop.nl.

Agreement: Every Agreement concluded between Good Mood Shops and the Other Party.

Counterparty:              Degene die deze Algemene Voorwaarden heeft aanvaard en het Product heeft afgenomen. Onder de Wederpartij
both Consumers and Businesses are understood.

Company: The Counterparty acting in the course of a business or profession.

Consumer: The Other Party not acting in the exercise of a business or profession.

Product: All matters that are the subject of the Agreement concluded between the Other Party and Good Mood
Shops.

Buy remotely: The Agreement between the Other Party and Good Mood Shops, whereby in the context of a by the Good Mood Shops
organized system for distance selling, until the conclusion of the Agreement only one or more techniques for distance communication are used, such as a website, telephone or other means of communication.

Article 2 Scope

These General Terms and Conditions apply to every offer and Agreement concluded between Good Mood Shops and the Other Party, unless the parties have explicitly deviated from these General Terms and Conditions in writing.

These General Terms and Conditions also apply to Agreements with Good Mood Shops, for the implementation in which third parties must be involved. The applicability of any purchase or other General Terms and Conditions of the Other Party is explicitly rejected.       

If it appears that one or more provisions in these General Terms and Conditions are null and void or voidable, the General Terms and Conditions will remain in force for everything else. In the event of this situation, Good Mood Shops and the Other Party will consult with the aim of agreeing new provisions to replace the invalid or voided provisions.


Deviations from the Agreement and General Terms and Conditions are only valid if they have been expressly agreed in writing with Good Mood Shops.

If Good Mood Shops does not always require strict compliance with these General Terms and Conditions, this does not mean that the provisions thereof do not apply, or that Good Mood Shops to any extent lose the right to demand strict compliance with the provisions of these General Terms and Conditions in other cases.         

Article 3 Offers

All offers are made in writing and / or electronically, unless urgent circumstances make this impossible.

All offers from Good Mood Shops are valid during the period included in the offer. The offer and / or quotation expires when this period has expired. The offers are valid while stocks last.

Good Mood Shops cannot be held to its offers if the Other Party, in terms of reasonableness and fairness and in
popular views in society, should have understood that the offer or any part thereof contains an obvious mistake or clerical error.

If the acceptance, whether or not on minor points, deviates from the offer included in the offer, Good Mood Shops is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless Good Mood Shops indicates otherwise.

A composite quotation does not oblige Good Mood Shops to deliver part of the goods included in the offer for a corresponding part of the stated price. All offers do not automatically apply to future orders or backorders.

Article 4 Establishment of the Agreement

The Agreement is established through timely acceptance by the Other Party of the offer from Good Mood Shops.

Article 5 Duration of the Agreement

The Agreement is entered into for an indefinite period of time, unless the nature of the Agreement dictates otherwise or if the parties have explicitly agreed otherwise in writing.

Article 6 Termination of the Agreement

Good Mood Shops and the Other Party can terminate the Agreement at any time by mutual consent.

Article 7 Cancellation Agreement

The Other Party has the right to cancel the Agreement. In case of cancellation of the Agreement, Good Mood Shops will charge the costs already incurred. If the Other Party cancels the Agreement at the time that the Products have already been sent to the Other Party, both the shipping costs and the costs for returning them will be borne by the Other Party.

Article 8 Amendments to the Agreement

If during the execution of the Agreement it appears that it is necessary for a proper execution to amend or supplement the Agreement, Good Mood Shops will inform the Other Party of this as soon as possible. The parties will then proceed to adjust the Agreement in good time and in mutual consultation. If the parties agree that the Agreement will be amended or supplemented, the time of completion of the performance may be affected. Good Mood Shops will inform the Other Party of this as soon as possible.

If the change or addition to the Agreement will have financial, quantitative and / or qualitative consequences, Good Mood Shops will inform the Other Party about this in advance.

If a fixed price has been agreed, Good Mood Shops will indicate to what extent the change or addition to the Agreement will affect the price. Good Mood Shops will try, as far as possible, to provide a quotation in advance.

Good Mood Shops will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to Good Mood Shops.

Changes to the originally concluded Agreement between the Other Party and Good Mood Shops are only valid from the moment that these changes have been accepted in writing by both parties by means of an additional or amended Agreement.

Article 9 Implementation of the Agreement

Good Mood Shops has the right to have the Agreement executed by third parties.

Good Mood Shops has the right to execute the Agreement in stages.

If the Agreement is performed in phases, Good Mood Shops has the right to invoice each performed part separately and to demand payment for it.

If the Agreement is performed in phases, Good Mood Shops has the right to suspend the implementation of those parts that belong to the next phase or phases until the Other Party has approved the results of the preceding phase in writing.

If and as long as this invoice is not paid by the Other Party, Good Mood Shops is not obliged to implement the next phase and has the right to suspend the Agreement.

The Other Party will provide Good Mood Shops with all information or instructions that are necessary for the performance of the Agreement or of which the Other Party should reasonably understand that they are necessary for the performance of the Agreement, in a timely manner.

If the foregoing information and instructions are not provided or not provided on time, Good Mood Shops has the right to suspend the execution of the Agreement. The extra costs incurred by the delay are for the account of the Other Party.

Article 10 Prices

Prices are expressed in euros, including VAT and other government levies, unless stated otherwise. The prices do not include additional costs, such as -but not limited to- packaging, delivery or shipping and handling costs, unless stated otherwise.

A surcharge will be charged for shipments abroad.

Good Mood Shops will provide the Counterparty with a statement of all additional costs in good time prior to the conclusion of the Agreement or provide information on the basis of which these costs can be calculated by the Counterparty.

Article 11 Price change

If Good Mood Shops agrees on a fixed price with the Other Party when concluding the Agreement, Good Mood Shops is entitled to increase the price, even if the price was not originally given under reservation.

If Good Mood Shops intends to change the price, it will inform the Other Party of this as soon as possible.

If a price increase takes place within 3 months after the conclusion of the Agreement, the Other Party can dissolve the Agreement by means of a written statement, unless:

      – The price increase arises from a power or an obligation resting on Good Mood Shops under the law;

      - Good Mood Shops is still willing to execute the Agreement on the basis of the originally agreed;

      - It is stipulated that the delivery will take place longer than 3 months after the purchase.

The Other Party is entitled to dissolve the Agreement if the price is increased more than 3 months after the conclusion of the Agreement, unless the Agreement stipulates that delivery will take place longer than 3 months after the purchase.

Article 12 Remote purchase

This provision only applies to the Other Party in the capacity of Consumer. In the case of Remote Purchase, delivery must be made within 30 days.

In the event of a Distance Purchase, the Other Party has the right to revoke the Agreement within 14 days after receipt of the goods delivered by the Good Mood Shops, without stating reasons.

In the event of a Distance Purchase, the Other Party has the right to revoke the Agreement after 30 days if Good Mood Shops has not delivered the goods within 30 days, unless the parties have agreed on a different delivery period.

If Good Mood Shops has not complied with its obligation to provide information or has not provided information in the correct form, the Other Party has the right to dissolve the Agreement for 1 year after receipt of the goods delivered by Good Mood Shops, without stating reasons. If Good Mood Shops still complies with the obligation to provide information within 1 year, the period of 14 days starts to run the day after it has complied with that obligation.

If the Other Party has made use of its right of withdrawal, the Other Party is obliged to return the goods within 14 days because the Other Party has notified Good Mood Shops that it is withdrawing from the Agreement.

If the Other Party has made use of its right of withdrawal, Good Mood Shops will refund the full amount paid, including the paid shipping costs, no later than 14 days after the dissolution of the Agreement.

If the goods are not available, Good Mood Shops will inform the Other Party as soon as possible and Good Mood Shops will refund the amount paid within 14 days at the latest. If Good Mood Shops and the Other Party agree that an item of similar quality and price may be delivered, the shipping costs for returning will be borne by Good Mood Shops. The foregoing only applies if the Other Party makes use of its right of dissolution during the reflection period.

The provisions of this article do not apply if the Agreement relates to:

- Products whose price is dependent on fluctuations in the financial market on which Good Mood Shops has no influence
and occur within the withdrawal period;

- Sealed products of which the Other Party has broken the seal;Hygiënische producten waarvan de Wederpartij de zegel heeft verbroken;

- Products that are already delivered within the reflection period with the consent of the Other Party;

- Products that cannot be returned due to their nature;   

- Products that can spoil quickly or aging;

- Products of a personal nature;     

- Customized products.

Article 13 Returns, exchanges and refunds

Good Mood Shops makes every effort to inform the Other Party as completely as possible about the Products via the website. If a Product nevertheless does not meet the expectations of the Other Party, the item can be returned or exchanged.

The Other Party must always indicate in advance that he / she wishes to return or exchange an item. The Product must be registered for return or exchange via info@wapshop.nl.

If the Other Party returns the goods delivered, the Other Party must return the goods in proper packaging, with all accessories supplied and in their original condition. The shipping costs of the return are at the risk and expense of the Other Party. In the event of a return, the Other Party must state the order number, name and IBAN number used for payment.

The Product must be delivered to Good Mood Shops immediately, but no later than within 14 days. Return shipments sent outside the said return period will not be accepted, unless otherwise agreed in advance between Good Mood Shops and the Other Party.

Exchange will only take place if the goods received by the Other Party are received back by Good Mood Shops within 14 days of the date of dispatch, and are accompanied by the original packing slip. The goods must be in unused condition. Good Mood Shops reserves the right to refuse to exchange articles on the basis of the aforementioned point or to products that are presumably used and / or to charge a fee for repair or reduction of sales value. If the Other Party does not comply with this, Good Mood Shops does not need to allow an exchange.

After receiving an order, Good Mood Shops will inspect it for the above points. The Other Party will receive an email as soon as possible upon receipt of the Product. Good Mood Shops will, in principle, provide a refund of the purchase amount immediately, but no later than 14 working days after receipt of the return. Refunds are exclusive of shipping costs charged. Costs for return shipment are at the expense of the Other Party

The assessment of whether the goods are unused and in perfect condition rests entirely with Good Mood Shops.

Good Mood Shops is not responsible for lost returns. The Other Party is responsible for the orderly packaging and sending of a return shipment.

Shipping costs of orders that have been shipped for free will of course not be reclaimed.

Good Mood Shops reserves the right to collect the additional shipping costs resulting from the exchange of delivered goods via the one-off authorization, if bank details are known or can be traced back.

Exchange is choosing a different Product. Shipping costs will be charged again. Charged shipping costs are not credited.

Article 14 Delivery of Products

Delivery with regard to the Other Party in the capacity of Consumer takes place because the good is placed under the authority of the Other Party. Delivery with regard to the Other Party in the capacity of Company takes place because the item is made available to the Other Party. After delivery, the risk passes
of the case to the Other Party.

Delivery takes place at the address specified by the Other Party or the Other Party has the option of collecting the Products at the location of Good Mood Shops, unless otherwise agreed. The current pick-up times and the pick-up location are listed on the Good Mood Shops website: www.wapshop.nl.

The costs for delivery are listed on the Good Mood Shops website: www.wapshop.nl.

An additional surcharge will be charged to the Other Party for delivery abroad.

The Other Party is obliged to accept the purchased goods at the moment they are handed over to him, unless this entails serious objections or unreasonable costs.

If the Other Party refuses to take delivery of the item at the place of delivery or is negligent in providing information or instructions that are necessary for the delivery, the items intended for delivery will be stored at the risk and expense of the Other Party, after Good Mood Shops has informed the Other Party of this.

The Other Party is obliged to take delivery of the purchased goods at the time when they are available to it or handed over to it.

If the Other Party refuses to accept the item at the place of delivery or is negligent in providing data or instructions that are necessary for the delivery, the items intended for delivery will be stored at the risk and expense of the Other Party. In that case, the Other Party will owe all additional costs.

Article 15 Delivery periods

Delivery will take place within a period specified by Good Mood Shops. For the current delivery times, reference is made to the Good Mood Shops website: www.wapshop.nl.

If a term has been agreed or stated for the delivery of the good, this term is only indicative and can never be regarded as a strict deadline.

If Good Mood Shops requires information or instructions from the Other Party that are necessary for the delivery, the delivery time will commence after the Other Party has provided these to Good Mood Shops.

If the delivery term is exceeded, the Other Party must give Good Mood Shops a written notice of default, whereby Good Mood Shops will still be offered a reasonable term to deliver the good.

A notice of default is not necessary if the delivery has become permanently impossible or it has otherwise become apparent that Good Mood Shops will not fulfill its obligations under the Agreement. If Good Mood Shops does not deliver within this period, the Other Party has the right to dissolve the Agreement without judicial intervention and / or to demand compensation.

Article 16 Transfer of risk

The goods that are the subject of the Agreement are until the time the goods are brought into power to the Other Party in the capacity of Consumer, or until the time that the goods are made available to the Other Party in the capacity of Company at the expense and risk of Good Mood Shops.

The risk of loss, damage or depreciation of goods that are the subject of the Agreement transfers to the Other Party at the moment when the goods are brought under the control of the Other Party in the capacity of Consumer or a third party to be designated by the Other Party. , or at the time when the goods are transferred to the Other Party or a third party to be designated by the Other Party
available.

Article 17 Retention of title

All goods delivered by Good Mood Shops within the framework of the Agreement remain the property of Good Mood Shops until the Other Party has properly complied with and has paid in full what it owes under the Agreement.

The amount owed also includes: the reimbursement of all costs and interest, including earlier and later deliveries and services provided, as well as claims for damages due to failure to perform.

As long as the ownership of the delivered goods has not been transferred to the Other Party, it may not resell, pledge or encumber in any other way that which falls under the retention of title, except within the normal course of his / her business.

Article 18 Payment

Payment takes place by means of a transfer to a bank account designated by Good Mood Shops at the time of purchase or delivery, unless otherwise agreed. Transfer takes place by means of an invoice or bank transfer.

Payment is made in advance.

Good Mood Shops and the Other Party can agree that payment is made in installments. If payment in installments has been agreed, the Other Party must pay in accordance with the installments and percentages as determined in the Agreement.

The Other Party is not entitled to deduct any amount due from the counterclaim it has made.

Objections to the amount of the invoice do not suspend the payment obligation.

After the expiry of 14 days after the invoice date, the Other Party will be in default by operation of law without notice of default. From the moment of default, the Other Party owes interest of 2% per month on the amount due, unless the statutory interest is higher.

In the event of bankruptcy, suspension of payment or receivership, the claims of Good Mood Shops and the obligations of the Other Party towards Good Mood Shops are immediately due and payable.

Article 19 Collection costs

If the Other Party is in default or omission in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining settlement out of court will be borne by the Other Party.

With regard to the extrajudicial (collection) costs, Good Mood Shops, insofar as the Other Party acts in its capacity as a Company, notwithstanding Article 6:96 paragraph 5 of the Dutch Civil Code and the Decree on compensation for extrajudicial collection costs, entitled to a compensation of 15% of the total outstanding principal with a minimum of € 90 for each invoice that has not been paid in whole or in part.

With regard to extrajudicial (collection) costs, Good Mood Shops has, insofar as the Other Party acts in the capacity of Consumer, right to the statutory maximum allowable compensation as stipulated in the Decree on compensation for extrajudicial (collection) costs.

Insofar as the Counterparty acts in the capacity of Consumer Good Mood Shops only entitled to reimbursement of the extrajudicial (collection) costs after Good Mood Shops the Other Party has sent a reminder after the occurrence of the default to pay the outstanding invoice or invoices within 14 days.

Any reasonable judicial and execution costs incurred will also be borne by the Other Party.

Article 20 Suspension

If the Other Party does not, not fully or not timely fulfill an obligation under the Agreement, Good Mood Shops has the right to suspend the fulfillment of the corresponding obligation. In case of partial or inadequate performance, suspension is only permitted insofar as the shortcoming justifies this.

Furthermore, Good Mood Shops is authorized to suspend the fulfillment of the obligations
if:

- After entering into the Agreement, Good Mood Shops has become aware of circumstances that give good reason to fear that the Other Party will not fulfill its obligations;

- At the conclusion of the Agreement, the Other Party was requested to provide security for the fulfillment of its obligations under the Agreement and this security is not provided or is insufficient;

- Circumstances arise of such a nature that fulfillment of the Agreement is impossible or that unaltered maintenance of the Agreement cannot reasonably be required of Good Mood Shops.

Good Mood Shops reserves the right to claim compensation.

Article 21 Dissolution

If the Other Party does not, not fully, not timely or not properly fulfill an obligation under the Agreement, Good Mood Shops is entitled to dissolve the Agreement with immediate effect, unless the shortcoming does not justify the dissolution in view of its minor importance.

Furthermore, Good Mood Shops is authorized to terminate the Agreement with immediate effect
dissolve, if:

- After entering into the Agreement, Good Mood Shops has become aware of circumstances that give good reason to fear that the Other Party will not fulfill its obligations;

- At the conclusion of the Agreement, the Other Party was requested to provide security for the fulfillment of its obligations under the Agreement and this security is not provided or is insufficient;

- Due to the delay on the part of the Other Party, Good Mood Shops can no longer be expected to fulfill the Agreement under the originally agreed conditions;

- Circumstances arise of such a nature that fulfillment of the Agreement is impossible or that unaltered maintenance of the Agreement cannot reasonably be required of Good Mood Shops;

- The Other Party is declared bankrupt, submits a request for suspension of payments, requests application of debt rescheduling for natural persons, is confronted with an attachment of all or part of its property;

- The Other Party is placed under guardianship;

- The Other Party dies.

Dissolution takes place by means of written notice without judicial intervention.

If the Agreement is dissolved, the claims of Good Mood Shops on the Other Party are immediately due and payable.

If Good Mood Shops terminates the Agreement on the basis of the foregoing grounds, Good Mood Shops is not liable for any costs or compensation.

If the dissolution is attributable to the Other Party, the Other Party is liable for the damage suffered by Good Mood Shops.

Article 22 Force majeure

A shortcoming cannot be attributed to Good Mood Shops or the Other Party, as the shortcoming cannot be attributed to its fault, nor is it for its account by law, legal act or generally accepted beliefs. In this case, the parties are also not obliged to fulfill the obligations arising from the Agreement.

In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in that area in law and jurisprudence, all external causes, foreseen or not foreseen, on which Good Mood Shops cannot influence and as a result of which Good Mood Shops is unable to fulfill obligations.

Circumstances causing force majeure include: lockout, fire, water damage, natural disasters or other external disasters, mobilization, war, traffic obstructions, blockades, import or export obstacles or other government measures, stagnation or delay in the supply of raw materials or machine parts, as well as any circumstance that obstructs the normal course of business as a result of which the performance of the Agreement by Good Mood Shops cannot reasonably be expected of the Other Party.

Good Mood Shops also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the Agreement occurs after Good Mood Shops should have fulfilled its obligation.

In case of force majeure, the parties are not obliged to continue the Agreement, nor are they obliged to pay any compensation.

Both Good Mood Shops and the Other Party can suspend the obligations under the Agreement in whole or in part during the period that the force majeure continues. If this period lasts longer than 2 months, both parties are entitled to dissolve the Agreement with immediate effect, by means of written notification, without judicial intervention, without the parties being able to claim any compensation.

If the situation of force majeure is of a temporary nature, Good Mood Shops reserves the right to suspend the agreed performance for the duration of the force majeure situation. In case of permanent force majeure, both parties are entitled to dissolve the Agreement extrajudicially.

If, at the time of the commencement of force majeure, Good Mood Shops has in the meantime partially fulfilled or will be able to fulfill its obligations under the Agreement, and independent value is attributed to the part fulfilled or to be fulfilled, to be invoiced separately. The Other Party is obliged to pay this invoice as if it were a separate Agreement.

Article 23 Guarantees

Good Mood Shops garandeert dat de geleverde Producten beantwoorden aan de Overeenkomst.  Good Mood Shops garandeert tevens dat de geleverde Producten voldoen aan de gebruikelijke eisen en normen die daaraan redelijkerwijs gesteld kunnen worden en dat de zaken die eigenschappen bezit die, alle omstandigheden in aanmerking genomen, voor een normaal gebruik nodig zijn.

The warranty stated in these General Terms and Conditions differs per Product.

The warranty stated in these General Terms and Conditions applies to use within and outside the Netherlands.

If the delivered good has been produced by a third party, the guarantee provided by this third party applies, unless stated otherwise.

If the delivered item does not comply with the warranty, Good Mood Shops will, after stating this, replace or repair the item free of charge within a reasonable period after receipt.

When the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, are for the account of the Other Party.

Any form of guarantee will lapse if a defect has arisen as a result of improper use or lack of care, or if it is a result of changes made by the Other Party or third parties to the delivered goods. Neither does Good Mood Shops guarantee any damage as a result of these defects.

The warranty also lapses if the defect has arisen due to or is the result of circumstances beyond Good Mood Shops' control. These circumstances include weather conditions.

Article 24 Investigation and complaints

The Other Party is obliged to inspect the delivered goods at the time of delivery, but in any case within 7 days after delivery. In doing so, the Other Party should investigate whether the quality and quantity of the delivered items correspond to what has been agreed, or at least meet the requirements that apply in normal trade.

Visible defects and shortages must be reported in writing to Good Mood Shops within 7 days after delivery of the item. The defective item must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.

Non-visible defects and shortages must be reported to Good Mood Shops within 5 days of their discovery. The defective item must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.

For the Counterparty in the capacity of Consumer, a period of 2 months always applies when discovering visible and non-visible defects, as referred to in Article 7:23 of the Dutch Civil Code.

The right to (partial) refund of the price, repair or replacement of the item or compensation will lapse if defects are not reported within the specified period, unless a longer period ensues from the nature of the item or from circumstances of the case.

The payment obligation will not be suspended if the Other Party notifies Good Mood Shops of the defect within the set term.

If a complaint is made in time, the Other Party remains obliged to purchase and pay, unless it has no independent value.

Article 25 Liability

Good Mood Shops is only liable for direct damage caused by conscious recklessness or set-up of Good Mood Shops.
Direct damage should be exclusively understand:

– Materiële schade aan de eigendommen van de Wederpartij;

- Reasonable costs incurred by the Other Party to determine the liability and (the extent of the direct) damage;

- Reasonable costs that the Other Party has reasonably incurred, and could and could reasonably incur, to prevent or limit the damage, insofar as the Other Party demonstrates that these costs have resulted in a limitation of the direct damage;

- Reasonable costs that the Other Party has reasonably incurred in order to obtain payment out of court, as referred to in Article 6:96 paragraph 2, sub c of the Dutch Civil Code.

Good Mood Shops is never liable for indirect damage, which in any case includes consequential damage, lost profit, missed savings, business interruption or immaterial damage of the Other Party. In the case of consumer purchases, this limitation does not go beyond what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.

Good Mood Shops is not liable for damage, of whatever nature, because Good Mood Shops has based on incorrect and / or incomplete information provided by the Other Party, unless this inaccuracy or incompleteness should have been known to Good Mood Shops.

The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence Good Mood Shops or his managerial subordinates.

Good Mood Shops is not liable for mutilation, destruction, theft or loss of data or documents.

If Good Mood Shops should be liable for any damage, the liability of Good Mood Shops is limited to the amount to which the insurance affiliated by Good Mood Shops gives entitlement, plus the deductible that Good Mood Shops bears in accordance with the insurance.

The Other Party must report the damage for which Good Mood Shops can be held liable as soon as possible, but in any case within 10 days after the damage has occurred to Good Mood Shops, all this under penalty of forfeiture of any right of compensation under this damage.

Any liability claim against Good Mood Shops lapses within 1 year after the Other Party has become aware of the harmful fact or could reasonably have been aware of it.

Article 26 Indemnity

The Other Party indemnifies Good Mood Shops against any claims from third parties who suffer damage in connection with the performance of the Agreement and which is attributable to the Other Party.

If Good Mood Shops should be addressed by third parties, the Other Party is obliged to assist Good Mood Shops both extrajudicially and in law. All costs and damage on the part of Good Mood Shops and third parties are further for the account and risk of the Other Party.

Article 27 Limitation period

Contrary to the statutory limitation periods, a limitation period of 1 year applies to all claims against Good Mood Shops and third parties (if any) engaged by Good Mood Shops.

The foregoing does not apply to claims that are based on the failure of the delivered item to comply with the Agreement. In this case, the claims expire after 2 years after the Other Party has informed Good Mood Shops about the defect of the delivered good.

Article 28 Copyright and intellectual
property

Good Mood Shops retains its rights and powers under the Copyright Act and other intellectual laws and regulations.

Good Mood Shops reserves the right to use any knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.

Article 29 Confidentiality

Both Good Mood Shops and the Client are obliged to observe secrecy during the term and after termination of the Agreement about all facts and details regarding the company that he or she knows or can reasonably suspect to be confidential. This duty of confidentiality also includes all data of employees, clients, clients and other relations of which knowledge has been taken pursuant to the Assignment.

Article 30 Privacy

Good Mood Shops acts in accordance with the GDPR which is effective from May 25, 2018.

Good Mood Shops will keep the data and information that the Other Party provides to Good Mood Shops carefully and confidentially. Good Mood Shops will not keep the personal data longer than necessary.

Good Mood Shops may only and only use the personal data of the Other Party for necessary specific purposes: in the context of the execution of his / her delivery obligation or the handling of a complaint.

Good Mood Shops is not permitted to lend, rent, sell or store the personal data of the Other Party.

The Other Party has the right to inspect, correct and delete the personal data transferred.

The Other Party is entitled to file a complaint with the Dutch Data Protection Authority regarding his / her personal data. The Dutch Data Protection Authority is obliged to handle this complaint.

 

The Other Party agrees that Good Mood Shops will approach the Other Party for statistical research or customer satisfaction research. If the Other Party does not want to be approached for an investigation, the Other Party can make this known.

Article 31 Cookies

When visiting the website, Good Mood Shops may collect information from the Other Party about the use of the website by means of cookies.

The information Good Mood Shops collects through cookies can be used for functional and analytical purposes.

Article 32 Newsletter

The Counterparty can register for the newsletter.

The newsletter keeps the Other Party informed of the latest news and the most recent developments.

The Other Party will receive the newsletter by e-mail.

The Other Party can unsubscribe from the newsletter at any time in writing or via the hyperlink. The Other Party will then no longer receive messages.

Article 33 Amendments to the General Terms and Conditions

Good Mood Shops has the right to unilaterally change these General Terms and Conditions.

Changes will also apply to Agreements already concluded.

Good Mood Shops will inform the Other Party of the changes by e-mail.

The changes to the General Terms and Conditions will come into effect 30 days after the Other Party has been informed of the changes.

If the Other Party does not agree with the announced changes, the Other Party has the right to terminate the Agreement.

Article 34 Applicable law and
disputes

Only Dutch law applies to all legal relationships to which Good Mood Shops is a party. This also applies if an obligation is wholly or partially performed abroad or if the Other Party is domiciled abroad.

The applicability of the Vienna Sales Convention is excluded.

Disputes between Good Mood Shops and the Other Party will only be submitted to the competent court in the district of Gelderland, unless the law prescribes otherwise.

Article 35 Location

These General Terms and Conditions have been filed with the Chamber of Commerce under number 63148617. 

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