Terms & conditions

Article 1 – Definitions

Below we explain what we mean by a number of recurring terms used throughout these terms and conditions:

• Customer: the private buyer who does not act in the course of a profession or business and makes a purchase from us at a distance.
• We / GeeksGate: the seller who offers products via the internet, as further described in Article 2.
• Distance purchase: a purchase concluded entirely via the internet or another means of distance communication, without the customer and seller physically meeting.
• Cooling-off period: the statutory period during which the customer may cancel a purchase without giving a reason.
• Withdrawal / cancellation: undoing the purchase within the cooling-off period.
• Return form: the form the customer uses to indicate that they are exercising their cooling-off right.
• Day: an ordinary calendar day.
• Durable medium: a means of storage (such as email or a saved PDF) that allows information to be read back later unchanged.

Article 2 – Who we are

GeeksGate is an online store specialising in pop culture merchandise and collectibles. GeeksGate is a trade name of Scale Commerce V.O.F.

Our details:

• Registered name: Scale Commerce V.O.F.
• Trade names: GeeksGate and Scale Commerce
• Legal form: general partnership (vennootschap onder firma)
• Email: info@geeks-gate.com
• Chamber of Commerce (KvK) number: 42107230
• Establishment number: 000066105633

Article 3 – When these terms apply

These terms apply to every offer we make and to every order and agreement that follows from it between us and the customer.

We make sure the customer can read these terms before the purchase is concluded. Because ordering with us takes place entirely online, we present the text in a way that lets the customer easily save or store it on a durable medium. On request, we will also send the terms free of charge.

If, in addition to these general terms, a separate product or promotional condition applies to an order, then in the event of any conflict the customer may always rely on whichever provision is most favourable to them.

If any part of these terms turns out to be invalid or is annulled, the remaining arrangements still stand in full. We will then replace the part in question, in consultation, with a new provision that stays as close as possible to the original intention.

Situations not expressly covered here, and any ambiguities about how a provision should be interpreted, are assessed in line with the spirit of these terms.

Article 4 – Our offer and our products

Every offer is without obligation; we may amend or withdraw it. If an offer applies only temporarily or under certain conditions, we state this clearly with the offer.

We describe our products as fully and honestly as we can, so the customer can make a sound decision. No rights can be derived from obvious mistakes or typing errors in an offer, and these do not bind us.

Images, specifications and other product details are as truthful a representation as possible, but remain indicative. Colours on a screen, for example, may differ slightly from the actual product. Deviations of this kind give no right to compensation or cancellation.

When an offer is accepted, we make clear what the customer’s rights and obligations are. This includes, among other things:

• the price including VAT and any shipping costs;
• how the order is formed and which steps are required for it;
• whether the cooling-off period applies;
• the available payment methods and the way delivery takes place;
• how long the offer or the price remains valid;
• whether and how the customer can check and correct the details they have entered before finalising.

Condition of the packaging for collectibles

Collectibles are often assessed on the condition of the box or packaging (the so-called box condition). Unless we state otherwise for a product, we supply items with packaging that is collector-worthy, in practice roughly an 8 out of 10 or better.

Minor imperfections such as light dents, a small scratch or a crease line (known as shelfwear) are part of this type of product and are not grounds for cancellation, a discount, compensation or a complaint. By placing an order, the customer agrees to this in advance.

We cannot guarantee a completely flawless, so-called mint, package. The way these products are made, packaged and transported simply makes that unrealistic. If we expressly state a lower box condition for an item, that condition forms part of the offer and is known to the customer in advance.

Article 5 – How an order is formed

A purchase is formed once the customer accepts the offer and meets the conditions attached to it, subject to what is set out below in this article.

After the customer has ordered online, we confirm receipt electronically. As long as we have not confirmed that receipt, the customer may still cancel the agreement.

We take appropriate technical and organisational measures to keep online ordering and payment secure and to protect the transfer of data.

Within what the law allows, we may check whether a customer can meet their payment obligation and whether it is responsible to enter into the order. If there is good reason to, we may refuse an order with reasons given, or attach additional conditions to it.

Together with the product, the customer receives the information they need, in a form they can easily store on a durable medium.

Article 6 – Cooling-off period and returns

The customer may cancel a purchase up to 14 days after receipt without giving a reason. This period starts on the day after the customer, or someone they have designated, has received the product.

During the cooling-off period, the customer handles the product and its packaging with care. The product may only be unpacked or used to the extent needed to assess whether they wish to keep it, comparable to how they could in a shop.

If the customer wishes to use their cooling-off right, they notify us within 14 days of receipt via the return form. After that notification, they have a further 14 days to send the product back, complete with accessories and, where possible, in its original condition and packaging. In doing so, the customer follows the return instructions we provide.

The customer demonstrates for themselves that they returned the item in time, for example with proof of shipment. If the customer lets the stated periods lapse without notifying us or sending the item back, the purchase becomes final.

Article 7 – Refunds and return costs

The cost of sending the item back is borne by the customer.

We refund an amount already paid as soon as possible, at the latest within 14 days of the cancellation. The condition is that we have already received the product back, or that the customer can show they returned it in full. We refund via the same payment method the customer used, unless they expressly agree to a different method.

If the product has lost value because the customer handled it carelessly, that loss in value may be offset. If we failed to inform the customer fully in advance about their cooling-off right, then any loss in value is not charged to the customer.

Article 8 – When returns are not possible

For some products the cooling-off period does not apply. Such an exclusion only applies if we have clearly stated it with the offer, or in any case in good time before the purchase. This concerns products:

• made specially to the customer’s wishes or specifications;
• that are clearly personal in nature;
• that by their nature cannot be returned;
• such as sealed games, films, music or software once the seal has been broken;
• such as sealed items that cannot be returned for hygiene reasons once the seal has been removed.

Article 9 – Prices

For as long as an offer is valid, we do not raise the price of that product, with the only exception being a change resulting from an adjusted VAT rate.

If we raise a price within three months of the purchase, this is only allowed where a law or regulation requires us to. After those three months, an increase is only permitted if we agreed it in advance and the customer may in that case cancel the purchase from the moment the new price takes effect, or where a statutory rule requires it.

All prices shown include VAT. We reserve the right to correct clear printing and typing errors; in the event of such an error we are not obliged to deliver the product at the incorrect price.

Article 10 – Warranty and correct delivery

We warrant that our products meet the agreement, the specifications stated, reasonable requirements of usability and soundness, and the legal requirements in force at the time of purchase. In addition, the customer’s statutory rights always remain fully intact, regardless of any manufacturer’s or supplier’s warranty that may also apply.

If a product is damaged or delivered incorrectly, the customer notifies us of this in writing within four weeks of receipt. In that case, the item is returned in its original packaging and in as-new condition.

Our warranty period runs in line with the manufacturer’s warranty. We are not responsible for whether a product is suitable for a specific use the customer has in mind, nor for any advice about application or use.

The warranty lapses, among other cases, when:

• the customer has modified or repaired the product themselves, or had someone else do so;
• the product has been used carelessly or under abnormal conditions, or handled other than as instructed by us or on the packaging;
• a defect results from requirements set by the authorities regarding the nature or quality of the materials used.

Article 11 – Shipping and delivery

We process and ship orders with the greatest possible care. The delivery address is the address the customer provides to us.

After we receive payment, we usually ship an order within 4 to 8 working days (the processing or dispatch time). In any event, we fulfil accepted orders within a maximum of 30 days, unless a longer delivery time has been agreed. If a delivery is delayed, or if we can fulfil an order not at all or only in part, we let the customer know within 30 days of the order at the latest. The customer may then cancel the purchase free of charge, but has no right to compensation.

All periods mentioned, including the processing time, are an indication. The customer can derive no rights from these periods, and exceeding one gives no right to compensation.

If the customer cancels on the above basis, we refund the amount paid as soon as possible, at the latest within 14 days of the cancellation.

If an ordered item turns out to be unavailable, we make an effort to offer an equivalent alternative. We state this clearly at the latest upon delivery. With such a replacement item, the cooling-off period always remains in force and any return costs are for our account.

Until the moment of delivery to the customer or to a person they have designated, we bear the risk of damage to or loss of the products, unless expressly agreed otherwise.

Article 12 – Payment

Unless agreed otherwise, the customer pays the amount due within 7 working days after the cooling-off period referred to in Article 6 has started.

The customer is obliged to report any errors in the payment details they have provided to us immediately.

If a customer does not pay on time, we may, within the limits of the law, charge the reasonable costs we made known in advance.

Article 13 – Questions and complaints

If the customer has a complaint about an order, we would like to hear about it as soon as possible. We ask the customer to submit a complaint fully and clearly described within 7 days of discovering the defect, so that we can act on it.

We confirm a complaint and respond to it within 14 days of receipt. If handling it foreseeably takes longer, we let the customer know within those 14 days that we have received the complaint and when they can expect a more detailed reply.

If we cannot resolve it together, a dispute arises. The customer can also submit a complaint via the European ODR platform, available at https://ec.europa.eu/odr.

A submitted complaint does not suspend our obligations, unless we indicate otherwise in writing. If we consider a complaint justified, we will replace or repair the product free of charge, at our choice.

Article 14 – Applicable law

Dutch law applies exclusively to all our agreements, even when the customer lives abroad. We exclude the application of the Vienna Sales Convention (CISG).

Article 15 – Deviating arrangements

Arrangements that deviate from these terms or add to them may never be to the customer’s disadvantage. We record them in writing, or in another way in which the customer can easily store them on a durable medium.

Article 16 – Lost or undelivered parcels

If a parcel has not arrived, we ask the customer to report this to us in writing within 45 calendar days of the dispatch date we confirmed, via info@geeks-gate.com.

This period aligns with the investigation windows that carriers themselves apply under, among others, the Dutch General Transport Conditions (AVC 2002), the Postal Act 2009 (Postwet 2009) and the rules of the Universal Postal Union (UPU). Carriers generally no longer accept an investigation into a missing shipment after a certain time has passed, and as the sender we are bound by those same periods.

If the customer reports a missing parcel only after those 45 days have passed, we can no longer have an investigation carried out and may reject a claim as no longer verifiable.

None of this affects the rights the customer has under mandatory consumer law.