Article 1- Definitions
Article 2- Corporate identity Noya Noir
Article 3- Relevance
Article 4- Offer
Article 5- Agreement
Article 6- Right of withdrawal
Article 7- Withdrawal costs
Article 8- Exclusion right of withdrawal
Article 9- Pricing
Article 10- Conformity and guarantees
Article 11- Delivery and execution
Article 12- Length transactions: duration and termination
Article 13- Payments
Article 14- Complaints
Article 15- Disputes
ARTICLE 1 – DEFINITIONS
In these General Terms and Conditions the following definitions are applicable:
Entrepreneur: a natural person or legal entity that offers distance products to customers. In these General Terms and Conditions the entrepreneur is Noya Noir.
Customer: the natural person who is not dealing on behalf of a company or profession and who comes to a distance agreement with Noya Noir.
Distance agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant communication: a technique that can be used to close an agreement without the customer and Noya Noir have gathered together in the same place and at the same time.
Consideration time: the term during which the customer can execute the right of withdrawal.
Right of withdrawal: the possibility for the customer to terminate the distance agreement within the consideration time.
Day: a calendar day.
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Durable medium: any instrument, which enables the recipient or Noya Noir to store information, addressed personally to them in a way accessible for future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
ARTICLE 2 – CORPORATE IDENTITY NOYA NOIR
5401 AB Uden
BTW no.: 856262316B01
ARTICLE 3 – RELEVANCE
- These General Terms and Conditions are applicable to any offer of Noya Noir and to every finalized distance agreement between Noya Noir and customer.
- Before the distance agreement is concluded, the General Terms and Conditions are made available to the customer. The General Terms and Conditions can be found on the website of Noya Noir and will be sent to the customer on request, without any costs.
- If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the General Terms and Conditions can be made available electronically to the customer in such a way that the General Terms and Conditions can be saved in a simple way on a durable medium.
- In case that besides these General Terms and Conditions specific product and service conditions are applicable, the second and third paragraph of this article are mutatis and in case of conflicting General Terms and Conditions the customer can appeal on the relevant General Terms and Conditions which are the most favourable for the customer.
ARTICLE 4 – OFFER
- If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
- The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper customer assessment of the products and/or services. The images used by Noya Noir are true representations of the products and services. Obvious mistakes and errors do not bind Noya Noir.
- Each offer contains information that makes clear to the customer which rights and obligations are related to the offer when the offer was accepted by the customer. This concerns in particular:
- The price of the product and/or service inclusive taxes;
- Possible costs of delivery;
- The manner in which the agreement has been concluded and the necessary signatures;
- Whether to apply the right of withdrawal;
- The method of payment, delivery and performance of the agreement;
- The deadline for accepting the offer or the period within which Noya Noir guarantees the price;
- The level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fees for communication;
- If the agreement after the conclusion will be archived and if so, how the customer can consult this agreement;
- The manner in which the customer, before concluding the agreement, can check and if necessary also restore the information provided by the customer under the agreement;
- Any other languages, including Dutch, for the agreement;
- The codes of conduct to which Noya Noir is subject and the manner in which the customer can consult the codes of conduct electronically;
- The minimum duration of the distance agreement in the event of a length transaction.
ARTICLE 5 – THE AGREEMENT
- The agreement is finalized, subject to the provisions in article 4, at the moment the customers accepts the offer and meets the conditions.
- If the customer has accepted the offer electronically, Noya Noir immediately confirms that they received the acceptance of the offer. As long as Noya Noir has not confirmed the acceptance, the customer can terminate the agreement.
- If the agreement is concluded electronically, Noya Noir will take appropriate technical and organizational measures to protect the electronic data transfer and will ensure a safe web environment. If the customer can pay electronically, Noya Noir will observe the necessary security measures.
Noya Noir can notify or check if the customer can meet the payment obligations within legal framework. Noya Noir can also check all important facts and factors, which are needed to finalize a sound distance agreement. If Noya Noir has good reasons not to conclude the agreement based on research, Noya Noir is entitled to refuse an order and/or request and is allowed to connect extra conditions to the execution of the offer.
- Noya Noir shall send the following information with the products or services, written or in such a manner that the customer can store the information in an accessible way on a durable medium:
- The contact information of Noya Noir to allow the customer to file possible complaints;
- The conditions and the way in which the customer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal;
- Information about after sales, guarantees and services;
- The information indicated in article 4 paragraph 3, unless Noya Noir has already sent this information before the execution of the agreement;
- The requirements for termination of the agreement if the agreement has a duration of one year or more or in the case of an indefinite duration of the agreement;
- In case of a length transaction the last bullet of the previous paragraph is only applicable for the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
Deliverance of products:
- After purchasing products the customer has the right to withdraw the agreement without having to give a reason for the duration of 14 days. The consideration time starts on the day the customer receives the product or a pre-designated representative by the customer made known to Noya Noir.
- During the consideration time the customer shall treat the product and the package carefully. He shall unpack or use the product only for as far as necessary to judge if he wishes to keep the product. If the customer wants to execute the right of withdrawal, he shall return the product with all accessories and –if reasonably possible- in the original conditioning and packaging to Noya Noir, in accordance with the provided reasonable and clear instructions provided by Noya Noir. The return packaging must include the return packaging slip, in order to be processed.
Deliverance of services:
- After the deliverance of services the customer has the right to withdraw the agreement without having to give a reason for the duration of at least 7 days, commencing on the day of the start of the agreement.
- In order to execute the right of withdrawal, the customer must abide by the reasonable and clear instructions provided by Noya Noir at the offer or finally at the deliverance of the service.
ARTICLE 7 – WITHDRAWAL COSTS
- If the customer executes the right of withdrawal, the customer will have to pay no more than the costs of returning the product.
- If the customer has made a payment, Noya Noir shall pay back this amount as soon as possible but no later than within 30 days after the repeal or after the return shipment.
ARTICLE 8 – EXCLUSION RIGHT OF WITHDRAWAL
- Noya Noir can exclude the right of withdrawal of the customer for as far as foreseen in paragraph 2 and 3 of this article. The exclusion of the right of withdrawal applies only if Noya Noir has clearly mentioned this at least in time before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
Which are established by Noya Noir according to specifications of the customer;
- That are clearly personal in nature;
- Which cannot be returned because of their nature;
- That can spoil or age quickly;
- Whose price is bound to fluctuation on the financial market on which
- Noya Noir has no influence;
- That are individual newspapers and magazines;
- That are audio and video recordings and computer software of which the customer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- Concerning lodging, transport, restaurants or to spend leisure on a certain date or during a certain period;
- Whose delivery has begun with the express consent of the customer before the consideration period has expired;
- Concerning betting and lotteries.
ARTICLE 9 – PRICING
- During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
- Notwithstanding the previous paragraph Noya Noir can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where Noya Noir has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
- Price increases within 3 months after the conclusion of the agreement are permitted only if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are permitted only if Noya Noir has stipulated this and:
- These are the result of legal regulations or provisions; or
- The customer has the competence to terminate the agreement from the day the price increase takes effect.
- The in the offer mentioned prices include VAT.
ARTICLE 10 – CONFORMITY AND GUARANTEES
- Noya Noir ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations.
- A guarantee provided by Noya Noir, manufacturer or importer does nothing to alter the rights and claims, which the customer under the agreement can put forward against Noya Noir.
ARTICLE 11 – DELIVERY AND EXECUTION
- Noya Noir shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
- The address that has been made known by the customer to Noya Noir is considered to be the delivery place.
- Taking into account what is stated in article 4 of these General Terms and Conditions, Noya Noir shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or can only partially be executed, the customer is notified about this no later than 30 days after he placed the order. In that case the customer has the right to terminate the agreement without any further costs and the customer is entitled to compensation.
- In the event of termination in accordance with the previous paragraph Noya Noir shall pay back the amount that the customer has paid as soon as possible but no later than 30 days after the termination.
- If the delivery of an ordered product appears to be impossible, Noya Noir shall strive to make a replacement product available. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of Noya Noir.
- The risk of damage and/or loss of products rest with Noya Noir until the moment of delivery at the customer or a pre-designated and announced representative to Noya Noir, unless otherwise expressly agreed.
- If the customer receives a damaged product, the customer should report this by email within three days. The customer can send this email to email@example.com.
ARTICLE 12 – LENGTH TRANSACTIONS: DURATION AND TERMINATION
- Length transactions can be agreed for a set period or for an indefinite period, depending of the wishes of the customer and Noya Noir.
- The customer can terminate an agreement which has been entered for an indefinite period and which extends to regular delivery of products (electricity included) and services at any time, respecting the applicable termination rules of a notice of not more than one month.
- The customer can terminate an agreement entered for a definite period and which extends to regular delivery of products (electricity included) or service at the end of the definite period respecting the applicable termination rules of a notice of not more than one month.
ARTICLE – 13 PAYMENTS
- Unless otherwise agreed, the amounts due have to be met by the customer within 14 days after the customer receives the product. In case of an agreement to provide a service the amounts due have to be met within 14 days after the day the customer has received the confirmation of the agreement.
- When selling products to customers, a prepayment of more than 50% must never be stipulated in the agreement. When a prepayment has been stipulated the customer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.
- The customer has the duty to notify Noya Noir about inaccuracies in the payment details.
- In case of default by the customer Noya Noir has, subject to legal restrictions, the right to charge the reasonable costs that are made known to the customer in advance.
ARTICLE 14 – COMPLAINTS
- Noya Noir features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
- Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to Noya Noir after the customer has observed the defects.
- The complaints submitted to Noya Noir will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, Noya Noir will answer within 14 days with an acknowledgement and an indication when the customer will receive a more detailed answer.
ARTICLE 15 – DISPUTES
Dutch law exclusively applies to agreements between Noya Noir and customer whereupon these General Terms and Conditions are related to.