Terms of service

Terms and conditions for Noraida

Contents:

Article 1-definitions

Article 2-identity of the entrepreneur

Article 3-applicability

Article 4-the offer

Article 5-the agreement

Article 6-right of withdrawal

Article 7-costs in case of withdrawal

Article 8-exclusion of the right of withdrawal

Article 9-the price

Article 10-conformity and guarantee

Article 11-delivery and execution

Article 12-duration transactions: duration, termination and renewal

Article 13-Payment

Article 14-Complaints Procedure

Article 15-Disputes

Article 16-additional or different provisions

Article 1-Definitions

In these terms and conditions::

Grace period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar;
Durationtransaction: a distance contract relating to a series of products and / or services, the delivery and/or Purchase Obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill out when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having met simultaneously in the same room.
Terms And Conditions: the present general terms and Conditions of the entrepreneur.

Article 2-identity of the entrepreneur

Noraida's Secret

Johannes Verhulststraat 62H, 1071ng in Amsterdam

E-mail address: info@noraida.nl

Chamber of Commerce number: 69891486

Article 3-Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance Agreement and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, in deviation from 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 it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance agreement is concluded, indicate where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or destroyed, then the agreement and these general terms and conditions for the rest remain in force and the relevant provision will be replaced by a provision that approaches the scope of the original as much as possible.
Situations that are not regulated in 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 interpreted ‘in the spirit’ of these general terms and conditions.

Article 4-the offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. 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.
Product images are a true representation of the products offered. Entrepreneur can not 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 the rights and obligations are associated with the acceptance of the offer. This concerns the
special:

the price includes taxes;
the possible costs of shipping;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the level of the distance communication tariff if the cost of using the distance communication technology is calculated on a basis other than the regular basic tariff for the means of communication used;;
whether the agreement will be 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 and, if desired, restore the data provided by him in the context of the contract;
the possible other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the event of a duration transaction.
Optional: available sizes, colors, type of materials.

Article 5-the agreement

The agreement is concluded, subject to the provisions of Paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks-find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will send 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 way on a durable medium:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
the information contained in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Each contract is concluded under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right Of Withdrawal

Upon delivery of products:

When purchasing products, the consumer has the opportunity to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and-if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable conditions provided by the entrepreneur and clear instructions.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example by proof of shipment.
If the customer has not made it known after expiry of the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal or that he wishes to withdraw from the contract. if the product has not been returned to the entrepreneur, the purchase is a fact.

In the provision of services:

When providing services, the consumer has the opportunity to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
In order to exercise his right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the time of delivery.

Article 7-costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of return will be borne by him at most.
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 withdrawal. However, the condition is that the product has already been received back by the webshop or conclusive proof of complete return can be presented. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8-exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
which have been established by the entrepreneur in accordance with specifications of the consumer;
which are clearly personal in nature;
which by their nature cannot be returned;
which can quickly spoil or age;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software for which the consumer has broken the seal.
for hygiene products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
with regard to accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.

Article 9-the price

During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This binding nature of fluctuations and the fact that any prices quoted are indicative prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; or
the consumer has the power to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10-conformity and guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. 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 on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be made in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:

The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11-delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with competent urgency but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notice of this no later than 30 days after placing the order. The consumer is in that the right to terminate the agreement without charge. The consumer has no right to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12-duration transactions: duration, termination and renewal

Termination

The consumer can terminate an agreement that has been 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 an agreement that has been entered into for a fixed period of time and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed period with due observance of the agreed termination rules and a notice period of not more than one month.
The consumer may withdraw from the agreements referred to in the previous paragraphs.:

terminate at any time and not be limited to termination at a certain time or in a certain period;
terminate at least in the same manner as they entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of derogation from the previous paragraph, an agreement entered into for a fixed period of time and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of up to one month.
A contract that has been concluded for a fixed period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of 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 not more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13-Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14-Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days in full and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute settlement.
In the event of complaints, a consumer should first of all contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (webwinkelkeur.nl), this will mediate for free. Check if this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If a solution has not yet been reached, the consumer has the option of having his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur, the ruling is binding and both the entrepreneur and the consumer agree to this binding ruling. The submission of a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge at its discretion.

Article 15-Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer lives abroad.
The Vienna sales Convention does not apply.

Article 16-additional or different provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.