Terms of Service

This website is managed by www.thegravityla.com . Throughout the site, the terms “we”, “our” and “entrepreneur” refer to www.thegravityla.com   . www.thegravityla.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing anything from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including these additional terms and conditions and policies. referenced here and/or accessible via a hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, dealers, and/ or contributors of content. Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most current version of the Terms of Use on this page at any time. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence, or that you are of legal age in your state or province of residence, and you have given your consent to allow all minor members of your family to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in using the Service, violate any laws in your jurisdiction (including, 

You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.

We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including credit card information), may be transmitted unencrypted and involve (a) transmissions over various networks; and (b) changes to adapt and meet technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over the network.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. .
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 – DEFINITIONS

In these circumstances, the following definitions apply:

Reflection period: the period during which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance sales contract with the entrepreneur;

Day   :  10-12-2023 (December 10, 2023)

Duration transaction : distance sales contract relating to a series of products and/or services whose delivery and/or purchase obligation extends over time;

Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in such a way that subsequent consultation and unchanged reproduction of the stored information is possible.

Right of withdrawal : possibility for the consumer to terminate the distance sales contract within the withdrawal period;

Entrepreneur : the natural or legal person who offers products and/or services externally to consumers;

Distance agreement: an agreement in which, as part of a system organized by the entrepreneur for the distance sale of products and/or services, use is made exclusively of one or more distance communication techniques until 'up to and including the conclusion of the agreement. ;

Remote communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room at the same time.

General conditions: the current general conditions of the entrepreneur.

 

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

ARTICLE 3 - REQUEST

These general conditions apply to all offers from the entrepreneur as well as to all distance sales contracts and orders concluded between the entrepreneur and the consumer.

Before the conclusion of the distance sales contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated that the general conditions can be consulted at the entrepreneur and that they will be sent free of charge as soon as possible upon request of the consumer.

If the distance sales contract is concluded electronically, independently of the previous paragraph, and before the conclusion of the distance sales contract, the text of these general conditions may be made available to the consumer electronically so that so that it can be read by the consumer. easily stored on a durable data carrier. If this is not reasonably possible, before concluding the distance sales contract, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge electronically or in another way to the consumer demand. .

In the event that, in addition to these general conditions, product- or service-specific conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting general conditions, the consumer can always take advantage of the applicable provision. 

If at any time one or more provisions of these general conditions prove to be totally or partially invalid or void, the remainder of the agreement and these general conditions will remain in force and the provision concerned will be immediately replaced, after mutual consultation, by a layout corresponding as closely as possible to the original.

Situations not regulated in these general conditions must be assessed “in the spirit” of these general conditions.

Any uncertainty as to the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these terms and conditions.

ARTICLE 4 - THE OFFER

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

The offer is without obligation. The entrepreneur has the right to change and adapt the offer.

The offer contains a complete and precise description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these constitute a faithful representation of the products and/or services offered. Obvious errors or errors in the offer are not binding on the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images are an accurate representation of the products offered. The entrepreneur cannot guarantee that the displayed colours correspond exactly to the actual colours of the products.

Each offer contains information such that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

The price, excluding customs fees and import VAT. These additional costs will be the responsibility and risk of the customer. The postal and/or courier service will use the special regime of postal and courier services for imports. This regime applies if the goods are imported into the EU destination country, which is also the case in this case. The postal and/or courier service collects VAT (whether or not accompanied by any customs clearance fees charged) from the recipient of the goods;

Any shipping costs;

how the agreement will be concluded and what actions are necessary for this purpose;

whether or not the right of withdrawal applies;

The method of payment, delivery and execution of the contract;

The period for acceptance of the offer or the period during which the entrepreneur guarantees the price;

the amount of the distance communication tariff, if the costs of using the distance communication technology are calculated on a basis other than the ordinary basic tariff of the means of communication used;

whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;

the way in which the consumer, before concluding the contract, can check the data he provided under the contract and, if he wishes, restore them;

any other language in which the contract can be concluded in addition to Dutch;

the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; And

the minimum duration of the distance sales contract in the case of a long-term transaction.

Optional: available sizes, colors, type of material.

 

ARTICLE 5 - THE AGREEMENT

The agreement is concluded, subject to the provisions of paragraph 4, upon acceptance of the offer by the consumer and compliance with the stipulated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance is not confirmed by the entrepreneur, the consumer may withdraw from the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure the electronic transfer of data and to guarantee a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within the legal framework - inform himself about the consumer's ability to fulfill his payment obligations, as well as all conditions and factors important for a responsible conclusion of the distance sales contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he has the right to refuse an order or a reasoned request or to attach special conditions to the execution.

The entrepreneur sends the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

1. The visiting address of the entrepreneur's agency where the consumer can address complaints;

2. The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear declaration on the exclusion of the right of withdrawal;

3. Information on guarantees and existing after-sales service;

4. The information contained in Article 4, subsection 3, in these conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;

5. The conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision of the preceding article only applies to the first delivery.

Any agreement is concluded under the suspensive conditions of sufficient availability of the products concerned.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing goods, the consumer has the option to terminate the contract without reason within 14 days. This reflection period begins the day after receipt of the product by the consumer or a representative previously designated by the consumer and notified to the entrepreneur.

During the withdrawal period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he returns the product to the entrepreneur with all accompanying accessories and - if reasonably possible - in its original condition and packaging in accordance with the reasonable and clear instructions given by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he must inform the entrepreneur within 14 days of receipt of the product. The consumer must inform this by written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the item within 14 days. The consumer must prove that the delivered goods were returned on time, for example by proof of delivery.

If the customer after the expiration of the 2 and 3 mentioned deadlines has not indicated that he wishes to exercise his right of withdrawal or has not returned the goods to the entrepreneur, the purchase is a fact.

SECTION 7 – FEES IN CASE OF CANCELLATION

If the consumer uses his right of withdrawal, the costs of returning the products are the responsibility of the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the cancellation. This is subject to the condition that the product has already been returned by the online retailer or conclusive proof of complete return is provided.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least at time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products:

1. Which is created by the entrepreneur in accordance with the consumer's specifications;

2. Which is clearly personal in nature;

3. Which cannot be returned due to their nature;

4. Which may deteriorate or age rapidly;

5. Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

6. For bulk newspapers and magazines;

7. For audio and video recordings and computer software for which the consumer has broken the seal.

8. For hygienic products for which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

1. concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;

2. If delivery has started with the express consent of the consumer before the withdrawal period has expired;

3. Concerning betting and lotteries.

ARTICLE 9 – THE PRICE

I reserve the right to change the prices of the products and/or services offered during the validity period indicated in the offer, also due to changes in VAT rates.

Regardless of the previous paragraph, the entrepreneur may offer products or services at variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability for fluctuations and the fact that the prices indicated are indicative prices are indicated in the offer.

Price increases within 3 months following the conclusion of the contract are only permitted if they result from legal or regulatory provisions.

Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

1. They result from legal or regulatory provisions; Or

2. The consumer has the right to terminate the contract from the day the price increase comes into force.

Pursuant to Section 5(1) of the Sales Tax Act of 1968, the place of delivery is in the country where transportation begins. In this case, this delivery takes place outside the EU. The postal or courier service will then collect the import VAT or customs clearance fees from the customer. VAT will therefore not be charged to the entrepreneur.

All prices are subject to printing and printing errors. No responsibility is assumed for the consequences of printing and printing errors. In the event of printing and printing errors, the entrepreneur is not obliged to deliver the item at an incorrect price.

SECTION 10 - COMPLIANCE AND WARRANTY

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal regulations in force on the date of conclusion of the contract and /or or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur within the framework of the contract.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The contractor's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual use by the consumer, nor for advice regarding the use or application of the products.

The warranty does not apply if:

The consumer repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;

The delivered products have been exposed to abnormal conditions or have been handled negligently or are contrary to the instructions of the entrepreneur and/or on the packaging;

The defect results in all or part from regulations that the public has imposed or will impose regarding the nature or quality of the materials used.

SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the Store is subject to our Privacy Policy. To view our privacy policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs. , transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after placing your order). .
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date used in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 13 - CHANGES TO THE TERMS OF SERVICE
You can review the latest version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.