General Terms and Conditions
General Terms and Conditions
Article 1 - Definitions
In these terms, the following definitions apply:
Cooling-Off Period: The period during which the consumer may exercise their right of withdrawal.
Consumer: A natural person who is not acting in the course of business or trade and enters into a distance contract with a trader.
Day: Calendar day.
At Nova-Ly, we have a policy that orders can only be canceled within 24 hours of placement. Cancellations requested after this period cannot be accommodated.
Long-Term Agreement: A distance contract regarding a series of products and/or services where the delivery and/or receipt obligations are spread over time.
Durable Data Storage Device: Any tool that allows the consumer or the trader to store information addressed to them personally, in a way that enables future consultation and unchanged reproduction of the stored information.
Right of Withdrawal: The consumer’s option to cancel the agreement within the cooling-off period.
Trader: A natural or legal person who offers products and/or services remotely to consumers.
Distance Contract: An agreement in which one or more distance communication techniques are used as part of a system organized by the trader for the remote sale of products and/or services, and which is only used until the conclusion of the agreement.
Distance Communication Technique: A means that can be used to conclude an agreement without the consumer and the trader being simultaneously present in the same room.
General Terms and Conditions: These current general terms and conditions for the
Article 2 - Right of Withdrawal
The consumer has the right to withdraw from the agreement within a cooling-off period of 14 days without providing a reason.
During the cooling-off period, the consumer must handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they must return the product with all accompanying accessories and, if possible, in its original condition in accordance with the reasonable instructions from the trader.
Article 3 - Application
These general terms and conditions apply to any offer from the trader and to every concluded distance sales agreement and orders between the trader and the consumer. Before the distance sales agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance sales agreement is concluded, that the general terms and conditions can be viewed at the trader's premises and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance sales agreement is concluded electronically, the text of these general terms and conditions, deviating from the previous paragraph, can be made available to the consumer electronically before the distance sales agreement is concluded, in a way that allows it to be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance sales agreement is concluded, where the general terms and conditions can be read electronically, and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that there are specific product or service terms in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the case of conflicting terms, the consumer may always invoke the 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 invalid or annulled, the agreement and these terms will otherwise remain in force, and the provision in question will immediately be replaced by mutual agreement with a provision that, as far as possible, approximates the purpose of the original provision.
Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions. Any uncertainties regarding the interpretation or content of one or more provisions in our terms shall be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer. The offer is non-binding. The trader has the right to change and adapt the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a well-informed judgment about the offer. If the trader uses images, these are an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the trader. All images, specifications, and data in the offer are indicative and cannot give rise to claims for compensation or cancellation of the agreement. Images of products are an accurate representation of the offered products. The trader cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
Any offer contains such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This includes, in particular:
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Any delivery costs;
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The way in which the agreement will be concluded, and which actions are necessary;
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Whether or not the right of withdrawal applies;
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The method of payment, delivery, and execution of the agreement;
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The time frame for accepting the offer or the period within which the trader guarantees the price;
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The communication costs for remote communication, if the costs for using the remote communication technique are calculated on a basis other than the normal basic price for the communication medium used;
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Whether the agreement will be archived after its conclusion, and if so, how this can be accessed by the consumer;
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How the consumer can check and, if necessary, correct the information they have provided in connection with the agreement, before the conclusion of the agreement;
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Any other languages in which the agreement can be concluded, besides Dutch;
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The codes of conduct to which the trader is subject, and how the consumer can access these codes of conduct electronically;
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And the minimum duration of the distance sales agreement in the case of a long-term agreement. Optional: available sizes, colors, materials.
Article 5 – Agreements
An agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. Until the trader has confirmed receipt of the acceptance, the consumer can cancel the agreement. If the agreement is concluded electronically, the trader 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 trader will take appropriate security measures.
The trader may, within the limits of the law, verify whether the consumer is able to meet their payment obligations, and also assess the factors and circumstances relevant to entering into the agreement remotely. If, based on this investigation, the trader has good reason not to conclude the agreement, they have the right to refuse an order or request or to attach special conditions to the execution of the agreement.
The trader must provide the consumer with the following information along with the product or service, in writing or in such a way that it can be stored by the consumer on an accessible and durable medium:
a. the trader's visiting address where the consumer can direct complaints;
b. the conditions and method by which the consumer can exercise their right of withdrawal, or a clear statement that the right of withdrawal does not apply;
c. information on guarantees and after-sales service;
d. the information referred to in Article 4, paragraph 3 of these terms, unless the trader has already provided this information to the consumer before the conclusion of the agreement;
e. the conditions for terminating the agreement if the agreement lasts more than one year or is of indefinite duration.
In the case of a long-term agreement, the provision in the previous paragraph only applies to the first delivery.
Each agreement is concluded with the suspensive condition that the relevant products are sufficiently available.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to cancel the agreement without providing any reason within 14 days. This withdrawal period starts the day after the consumer or a representative designated by the consumer and known to the trader receives the product.
During the withdrawal period, the consumer must handle the product and packaging carefully. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep the product.
If the consumer exercises their right of withdrawal, they must return the product with all accompanying accessories and, if reasonably possible, in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions given by the trader.
When the consumer wishes to exercise their right of withdrawal, they are required to inform the trader within 14 days of receiving the product. The notice must be provided in writing, e.g., via email.
Once the consumer has informed the trader that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must be able to prove that the returned goods have been returned on time, for example by providing a shipping confirmation.
If the consumer has not informed the trader that they wish to exercise their right of withdrawal or has not returned the product within the timeframes mentioned in paragraphs 2 and 3, the purchase will be considered final.
Article 7 – Costs of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer's expense.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. This is on the condition that the product has already been received by the webshop or that binding proof of the complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly informed the consumer of this in the offer, at the latest before the agreement is concluded. The exclusion of the right of withdrawal is only possible for products:
a. that have been made by the trader according to the consumer's specifications;
b. that are clearly of a personal nature;
c. that cannot be returned due to their nature;
d. that may deteriorate or expire quickly;
e. whose price depends on fluctuations in the financial markets beyond the trader’s control;
f. for single newspapers and magazines;
g. for audio and video recordings as well as computer software where the consumer has broken the seal;
h. for hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant services, or leisure activities that must be carried out on a specific date or within a specific period;
b. where the delivery has started with the consumer's express consent before the withdrawal period has expired;
c. concerning betting and lotteries.
Article 9 – The Price
During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, unless there are price changes resulting from changes in VAT rates. Notwithstanding the previous provision, the trader may offer products or services with prices linked to fluctuations in the financial markets, over which the trader has no control, at variable prices. This dependency on fluctuations and the fact that any prices mentioned are indicative will be specified in the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from regulatory provisions or regulations. Price increases occurring after 3 months from the conclusion of the agreement are only allowed if the trader has agreed to this and:
a. they are the result of regulatory provisions or regulations; or
b. the consumer has the right to terminate the agreement from the day the price increase takes effect.
All prices are subject to typographical errors and sentence errors. The trader is not responsible for the consequences of typographical errors and sentence errors. In case of typographical errors and sentence errors, the trader is not obligated to deliver the product at the incorrect price.
Article 10 – Compliance and Warranty
The trader guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements for durability and/or usability, and the applicable legal provisions and/or government regulations on the date the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for purposes other than normal use. A warranty given by the trader, the manufacturer, or the importer does not affect the consumer's legal rights and claims that the consumer may assert against the trader under the agreement. Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition. The trader's warranty period corresponds to the manufacturer's warranty. However, the trader is never responsible for the product’s final suitability for any individual purpose of the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:
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The consumer has repaired and/or altered the delivered products or has had a third party repair and/or alter the products;
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The delivered products have been exposed to abnormal conditions or have been treated carelessly or contrary to the trader's instructions and/or the packaging’s directions;
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The defect has arisen, in whole or in part, due to regulations imposed by authorities regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The trader will exercise the utmost care when receiving and executing orders for products. Taking into account what is mentioned in Article 4 of these terms and conditions, the trader will execute accepted orders without unnecessary delay, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed, or if an order cannot be executed, or can only be partially executed, the consumer will be informed thereof no later than 30 days after the order has been placed. In this case, the consumer has the right to cancel the agreement at no cost and is entitled to any compensation. In the event of cancellation in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation. If the delivery of an ordered product proves to be impossible, the trader will make an effort to provide a replacement product. No later than at the time of delivery, it will be clearly and understandably communicated that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment will be borne by the trader. The risk of damage and/or loss of products lies with the trader until delivery to the consumer or a pre-designated and known representative of the trader, unless otherwise expressly agreed.
Article 12 – Long-Term Agreements: Termination and Extension
Termination
The consumer may terminate an agreement concluded for an indefinite period, which involves regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a specific period, which involves regular delivery of products (including electricity) or services, at any time at the end of the agreed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
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At any time terminate the agreement and not be restricted to termination at a specific time or within a specific period;
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At least terminate the agreement in the same way as the agreement was concluded by the consumer;
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Always terminate the agreement with the same notice period that the trader has set for themselves.
Extension
An agreement concluded for a specific period, which involves regular delivery of products (including electricity) or services, may not be extended or renewed tacitly for a specific period.
Contrary to the previous paragraph, an agreement concluded for a specific period, which involves regular delivery of daily and weekly newspapers and magazines, may be extended tacitly for a period of no more than three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a specific period, which involves regular delivery of products or services, may only be extended tacitly for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement involves regular delivery, but less than once a month, of daily and weekly newspapers and magazines.
A limited-term agreement for regular delivery of daily, news, and weekly newspapers, as well as magazines (trial or introductory subscription) will not be extended tacitly and will automatically cease after the purchase 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 no more than one month, unless fairness and reasonableness argue against termination before the end of the agreed period.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the expiration of the cancellation period as stated in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins when the consumer has received the confirmation of the agreement.
The consumer is obligated to immediately notify the trader of any errors in the provided or mentioned payment details.
In the event of non-payment by the consumer, the trader, unless otherwise determined by law, has the right to charge the consumer the reasonable costs that have been communicated to the consumer in advance.
Article 14 – Complaints Procedure
Complaints regarding the performance of the agreement must be submitted to the trader within 7 days after the consumer has discovered the deficiencies, and must be fully and clearly described. Complaints submitted to the trader will be responded to within 14 days from the receipt of the complaint. If a complaint requires a longer processing time, the trader will respond within 14 days with an acknowledgment of receipt and an estimate of when the consumer can expect a more detailed response. If the complaint cannot be resolved jointly, a dispute arises, which is subject to the dispute resolution procedure. A complaint does not suspend the trader's obligations unless the trader has stated otherwise in writing. If the complaint is justified, the trader will, at their discretion, either replace or repair the delivered products at no cost to the consumer.
Article 15 – Disputes
Only Dutch law is applicable to agreements between the trader and the consumer to which these general terms and conditions apply. This also applies even if the consumer resides abroad.