Copy of Algemene voorwaarden engels 1

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection Period: the period within which the consumer can exercise their right of withdrawal.

Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Long-Term Transaction: a distance contract regarding a series of products and/or services, for which the obligation to supply and/or take delivery is spread over time.

Durable Data Carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future reference and unchanged reproduction of the stored information.

Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance.

Distance Contract: a contract in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for remote communication.

Technique for Remote Communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously in the same space.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

ROTTERDAM
E-mailadres: info@NobleNook.nl
KvK-nummer: 90794753
VAT identification number: NL004841987B22

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.

If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, either electronically or otherwise, upon request.

If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer can always invoke the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will otherwise remain in effect, and the relevant provision will be replaced by a provision that closely approximates the purpose of the original as much as possible.

Situations that are not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer.

If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:

the price including taxes;
any possible shipping costs;
the manner in which the agreement will be concluded and what actions are necessary for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular base rate for the communication means used;
whether the contract will be archived after its conclusion, and if so, how the consumer can consult it;
the way in which the consumer can check and, if desired, rectify the data they have provided in the context of the agreement, before concluding the contract;
any other languages in which, besides Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes electronically; and
the minimum duration of the distance contract in the event of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

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

The entrepreneur may, within legal frameworks, inquire as to whether the consumer can fulfill their payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds, based on this investigation, to not enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.

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

a. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about guarantees and existing after-sales services;

d. the data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

For products:

The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but cannot oblige the consumer to state their reason(s).

The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party appointed by the consumer in advance, who is not the carrier, has received the product, or:

if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. The entrepreneur may, provided they have clearly informed the consumer prior to the ordering process, refuse an order of multiple products with different delivery times.
if the delivery of a product consists of various shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or part;
in the case of agreements for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by them, receives the first product.

For services and digital content not delivered on a tangible medium:

The consumer can terminate a service agreement and an agreement for the supply of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but cannot obligate them to provide their reason(s).

The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Article 7 – Obligations of the Consumer During the Reflection Period

During the reflection period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would in a store.

The consumer is only liable for diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.

The consumer is not liable for diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before concluding the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

If the consumer exercises their right of withdrawal, they must report this to the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous way.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the reflection period has expired.

The consumer returns the product with all supplied accessories, in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal rest with the consumer.

The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return.

If the consumer withdraws after first having expressly requested that the provision of the service or the supply of gas, water, or electricity not ready for sale in a limited volume or specific quantity, or district heating, commence during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment.

The consumer does not bear any costs for the provision of services or the supply of water, gas, or electricity not ready for sale in a limited volume or specific quantity, or for district heating, if:

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form, or;
the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the reflection period.

The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:

they have not expressly agreed to commence the fulfillment of the agreement before the end of the reflection period prior to its delivery;
they have not acknowledged that they lose their right of withdrawal when giving their consent; or
the entrepreneur has failed to confirm this statement from the consumer.

If the consumer exercises their right of withdrawal, all supplementary agreements are legally dissolved.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

If the entrepreneur enables the consumer’s withdrawal notification electronically, they will promptly send a confirmation of receipt upon receiving this notification.

The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer reports the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer proves they have returned the product, whichever is earlier.

The entrepreneur uses the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly states this in the offer, or at least in good time before concluding the agreement:

Products or services with prices that fluctuate on the financial market beyond the entrepreneur’s control and that may occur within the withdrawal period.
Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.
Service agreements, after full execution of the service, but only if:
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully executed the agreement.
Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements.
Service agreements for providing accommodation, if the agreement specifies a certain date or period of performance and other than for residential purposes, goods transportation, car rental services, and catering.
Agreements related to leisure activities, if the agreement specifies a certain date or period of performance.
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer, or that are clearly intended for a specific person.
Products that spoil quickly or have a limited shelf life.
Sealed products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery.
Products that, by their nature, are irrevocably mixed with other products after delivery.
Alcoholic beverages, whose price was agreed upon at the conclusion of the sales contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market beyond the entrepreneur’s control.
Sealed audio, video recordings, and computer software, of which the seal has been broken after delivery.
Newspapers, periodicals, or magazines, with the exception of subscriptions to these.
The supply of digital content other than on a tangible medium, but only if:

the execution has begun with the explicit prior consent of the consumer; and
the consumer has declared that they thereby lose their right of withdrawal.

Article 11 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to paragraph 1, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and which the entrepreneur has no influence over. This dependence on fluctuations and the fact that any mentioned prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 – Compliance and Additional Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability, and the statutory provisions and/or government regulations in effect on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
An additional warranty is defined as any commitment by the entrepreneur, their supplier, importer, or producer in which they grant certain rights or claims to the consumer that go beyond what is legally required if the entrepreneur has failed to meet their part of the agreement.

Article 13 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests for service provision.
The place of delivery is considered to be the address that the consumer has communicated to the entrepreneur.
Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will be informed about this within 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without any costs and to claim possible compensation.
After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 – Extended Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
With regard to the agreements referred to in the previous paragraphs, the consumer may:
- terminate them at any time without being restricted to termination at a specific time or within a specific period;
- terminate them in the same way as they were concluded;
- always terminate them with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
Contrary to the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily news, newspapers, weekly publications, and magazines may be tacitly renewed for a fixed term of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement that extends to the regular delivery of products or services may be tacitly renewed indefinitely only if the consumer can terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement is for the regular delivery of daily news, newspapers, weekly publications, and magazines, but less frequently than once a month.
An agreement with a limited duration for the regular trial delivery of daily news, newspapers, weekly publications, and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless reasonableness and fairness dictate otherwise.

Article 15 – Payment

Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the withdrawal period or, if there is no withdrawal period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, general terms may never stipulate an advance payment of more than 50%. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
If the consumer does not fulfill their payment obligation(s) in time, after being notified by the entrepreneur of the delayed payment and the entrepreneur having granted the consumer a period of 14 days to still fulfill their payment obligations, the consumer is liable for the statutory interest on the amount still due and the entrepreneur is entitled to charge the consumer any extrajudicial collection costs incurred. These collection costs are capped as follows: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.

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