General Terms and Conditions
These general terms and conditions (TAC) apply to the web-shop, shop.gigabyte.eu of Giga-byte Technology BV (GIGABYTE) and cover all sales, deliveries and payments to our customer through the web-shop, shop.gigabyte.eu (The Web-shop). By placing an order, you explicitly agree with these terms and conditions.
2. Formation of Contract
Your order constitutes an offer to us to buy the products you select from the Web-shop. All orders are subject to availability and will not constitute a binding contract of sale until accepted by us. We reserve the right to refuse to accept an order.
3. Prices and Shipping
3.1 Any prices stated on the Web-shop are expressed exclusive of VAT (Dutch Value Added Tax), inclusive of shipping and inclusive of Dutch, EU import duties.
3.2 Shipping costs are clearly stated to the customer before the customer can confirm the order.
3.3 GIGABYTE has the right to modify its prices from time to time.
4.1 We will attempt to fulfill your order by the delivery date set out in the shipping confirmation or, if no delivery date is specified, within a reasonable time of the date of the shipping confirmation, normally within 3-5 days for shipments within the Netherlands and 1-2 weeks for shipments outside the Netherlands, in EU countries. Delivery dates are not guaranteed and delays may occur.
4.2 GIGABYTE are dependent on third parties for shipping your purchase and cannot accept liability for any kind for delays. Our order processing is handled via our third-party logistics provider. There are a number of shipping options available.
4.3 If for any reason the products ordered by you are not available we will notify you by email. Our acceptance of your order is limited to the products that are available. No contract of sale will be concluded in respect of products that are not available. Your payments shall be immediately refunded to you.
5. Unclaimed packages
If an order cannot be delivered or collected at a pick-up center, or if a shipment will be returned to us due to incorrect address, GIGABYTE charges €100 as compensation for shipping, handling and other expenses (for shipments within the Netherlands). For all returned shipments from abroad, the customer will be responsible for all shipping charges related to the shipment.
6. Force Majeure
GIGABYTE cannot be held liable for force majeure circumstances. Force majeure circumstances are unpredicted circumstances, for instance fire, malfunctions, government provisions (for example import limitations) and logistical problems, which prevent us from meeting our obligations. In such circumstances any payments that have already been made shall be paid back as soon as possible. If we feel that the force majeure situation is only temporary, we can postpone realization of the TAC until the force majeure situation no longer exists and we are able to carry out the delivery. In force majeure circumstances we cannot be held liable or held to pay any damages.
Payment for your products must be made via one of the payment methods offered to you during the payment process.
8. DOA (Dead on Arrival) Returns and Refunds
8.1 GIGABYTE only offers a DOA refund on the purchases if DOA returned in the condition in which they were sold within 5 days beginning on the day after you received the Products. The DOA Return and Refund is only offered if the Products are, DOA (Dead on Arrival), unused and returned to GIGABYTE in their original condition as described in Clause 8.2.
8.2 If you decide to return the DOA (Dead on Arrival) products, the DOA products must not be used and must be handled with extreme care while they are in your possession. The DOA products must be returned to GIGABYTE, undamaged, with their original packaging and as soon as reasonably possible. You must not remove any of the tags from the Product (if applicable). We will be unable to accept the return of any item where there is evidence that these instructions have not been followed.
9. Intellectual Property & Copyright
The intellectual property rights in all software and content made available to you on or through this Web-shop remains the property of GIGABYTE or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by GIGABYTE and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Web-shop, nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by GIGABYTE or its licensors without the written permission of GIGABYTE.
10.1 The customer declares to have read the privacy declaration of GIGABYTE and agrees with the described processing of any personal data.
10.2 The customer is aware that the personal data of the customer are processed, including its activities on the Web-shop such as the visited pages, the time that it spent on each page, the internet address from the Web-shop, from where the customer has been brought to the Web-shop and the products that customer has ordered. GIGABYTE collects this data in a data bank that is used for the execution of the contract, which implies also the improvement of the service to the customer as well as for providing more suitable information about special offers for the customer.
10.3 The customer is allowed to view the information that has been collected and is able to correct it. The customer has the right to ask GIGABYTE to remove or to separate certain data. GIGABYTE will decide on such requests within 4 weeks after consideration of the privacy concern of the customer. In every case, GIGABYTE shall, in case of a decision to separate or remove certain data, inform customer how this change or correction restricts or hampers the customer in the ordering and use of the products.
11. Web-shop Changes
11.1 We reserve the right, at our sole discretion, to modify or replace these TAC by posting the updated terms on the Web-shop. Your continued use of the Site after any such changes constitutes your acceptance of the new TAC.
11.2 Please review this TAC periodically for changes. If you do not agree to any of this TAC or any changes to this TAC, do not use, access or continue to access the Web-shop or discontinue any use of the Web-shop immediately.
12.1 This site and all contents of this site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk.
12.2 GIGABYTE does not guarantee that the Web-shop will perform without any interruptions or errors or that all errors will be corrected, nor shall GIGABYTE has the right to modify the Web-shop at any point in time.
13. Final Provisions
These Terms will be governed by and construed exclusively in accordance with the laws of the Netherlands. Any dispute arising out of or in connection with these Terms or any TAC resulting there from shall be submitted to the exclusive jurisdiction of the competent court in Netherlands.
14. Contact Us
If you have any questions about this TAC, please contact us at:
Giga-Byte Technology B.V: Steenoven 24, 5626 DK Eindhoven, The Netherlands
All rights reserved.