Terms of Service
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off Period: the period within which the consumer may exercise their right of withdrawal.
Consumer: a natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: calendar day.
Ongoing Transaction: a distance contract relating to a series of products and/or services, with obligations spread over time.
Durable Medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: the ability for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance Contract: a contract concluded between the entrepreneur and consumer within the framework of an organized system for the distance sale of products and/or services, using one or more means of distance communication up to and including the conclusion of the contract.
Means of Distance Communication: a method that can be used to conclude a contract without the consumer and entrepreneur being in the same room simultaneously.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Registered Business Name: Nohr shop
Company Registration Number: 76456711
Address: Kudelstaartseweg 16, 1431 GA Aalsmeer, The Netherlands
Phone: +31 6 19 34 87 15
Email: customer.service@nohrshop.com
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available electronically to the consumer in such a way that they can be easily stored on a durable medium.
For cases where specific product or service terms apply in addition to these general terms and conditions, the consumer may invoke the provision that is most favorable to them in the event of contradictions.
If any provision of these general terms and conditions is at any time wholly or partially nullified or annulled, the contract and these conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation with a provision that approaches the original intent as closely as possible.
Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Any ambiguities about the interpretation or content of one or more provisions of our conditions must 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 subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to modify or adjust the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or the termination of the contract.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Every offer contains sufficient information to make it clear to the consumer what rights and obligations are involved in accepting the offer, including:
- The price, excluding import VAT and clearance fees. These additional costs will be borne by the customer, as they are subject to UK regulations for imported goods. The courier service may charge VAT and/or clearance fees upon delivery.
- Any additional shipping costs.
- The method of concluding the contract and the necessary steps for this.
- Whether or not the right of withdrawal applies.
- The payment method, delivery method, and execution of the contract.
- The period for accepting the offer or the period within which the entrepreneur guarantees the price.
- The tariff for communication if it differs from the standard base rate.
- Whether the contract will be archived and how it can be accessed by the consumer.
- The way in which the consumer can check and, if necessary, correct the data provided as part of the contract before concluding it.
- The languages in which the contract can be concluded, in addition to English.
- Codes of conduct the entrepreneur adheres to and how the consumer can consult these electronically.
- The minimum duration of the distance contract in the case of an ongoing transaction.
Article 5 – The Contract
- The contract is concluded at the moment the consumer accepts the offer and meets the conditions set forth.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. As long as this acceptance has not been confirmed, the consumer may dissolve the contract.
- If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur may, within the legal framework, gather information about whether the consumer can meet their payment obligations and about all facts and factors relevant to responsibly entering into a distance contract. If the entrepreneur has sound reasons not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- Upon delivery of the product or service, the entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it on a durable medium:
- The visiting address of the entrepreneur's establishment where the consumer can address complaints;
- The conditions and methods for exercising the right of withdrawal or a clear statement if the right of withdrawal is excluded;
- Information about guarantees and after-sales services;
- The information included in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the contract;
- The requirements for terminating the contract if the duration exceeds one year or is indefinite.
- In the case of a long-term transaction, the provisions in the previous paragraph apply only to the first delivery.
- Every contract is entered into under the condition of sufficient availability of the products.
Article 6 – Right of Withdrawal
- When purchasing products, the consumer has the right to dissolve the contract without giving any reason within 14 days. This cooling-off period starts on the day after receiving the product.
- During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product, including all accessories and, if reasonably possible, in the original condition and packaging, to the entrepreneur according to the reasonable and clear instructions provided.
- The consumer must notify the entrepreneur of their intention to exercise their right of withdrawal within 14 days of receiving the product. This must be done in writing or via email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof of return shipment, for example, by means of a receipt or tracking information.
- If the consumer has not expressed their intention to withdraw within the periods stated in paragraphs 2 and 3 or has not returned the product, the purchase is final.
Article 7 – Costs in the Event of Withdrawal
- If the consumer exercises their right of withdrawal, they will bear the costs of returning the product.
- If the consumer has paid any amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received by the entrepreneur or conclusive proof of return shipment has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for certain products or services, as specified below. This exclusion applies only if the entrepreneur has clearly stated it in the offer or before concluding the contract.
- Exclusion is possible for products:
- That are custom-made according to consumer specifications;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That spoil or age quickly;
- For which the price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
- That are newspapers, magazines, or periodicals;
- That are audio, video, or computer software whose seal has been broken;
- That are hygienic items where the seal has been broken.
- Exclusion is possible for services:
- Relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
- That have begun with the explicit consent of the consumer before the cooling-off period has expired;
- Relating to gambling and lotteries.
Article 9 – Price
- Prices stated in the offer will not be increased during the validity period, except for changes due to legal regulations, such as VAT changes.
- Prices may vary for products subject to fluctuations in the financial market. This will be explicitly stated in the offer.
- Price increases within three months of concluding the contract are allowed only if due to legal regulations.
- Price increases after three months are allowed only if the consumer has the right to terminate the contract from the date the increase takes effect.
- Deliveries to the UK are subject to import VAT and clearance fees, which will be collected by the courier or postal service upon delivery. These additional costs are the consumer's responsibility.
Article 10 – Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the contract, the specifications listed in the offer, reasonable standards of usability and reliability, and any legal requirements or regulations in effect at the time the contract was concluded.
- Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights of the consumer.
- Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their original packaging and condition.
- The warranty period corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty is void if:
- The consumer has repaired or modified the products themselves or has had them repaired or modified by third parties;
- The delivered products have been exposed to abnormal conditions, mishandled, or used contrary to the entrepreneur’s instructions or packaging directions;
- The defect is the result of government regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
- The entrepreneur will exercise the utmost care when receiving and executing product orders.
- The place of delivery is the address provided by the consumer.
- Subject to the provisions in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly but no later than 14 days unless a longer delivery period has been agreed with the consumer. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified within 14 days of placing the order. In such cases, the consumer has the right to terminate the contract without charge and may be entitled to compensation.
- In case of termination under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
- If delivery of a product proves impossible, the entrepreneur will endeavor to provide a replacement item. The consumer will be informed in a clear and comprehensible manner before delivery. The right of withdrawal cannot be excluded for replacement items. The cost of return shipping for such items will be borne by the entrepreneur.
- The risk of damage or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative, unless expressly agreed otherwise.
Article 12 – Ongoing Transactions: Duration, Termination, and Renewal
Termination
- The consumer may terminate a contract of indefinite duration at any time, subject to the agreed termination rules and a notice period not exceeding one month.
- The consumer may terminate a contract of fixed duration at the end of the specified term, subject to the agreed termination rules and a notice period not exceeding one month.
- The consumer may terminate contracts as specified above:
- At any time and not limited to termination at a specific time or in a specific period;
- In the same manner as the contract was concluded;
- With the same notice period that the entrepreneur has stipulated for themselves.
Renewal
4. A fixed-term contract for the regular delivery of products or services may not be tacitly renewed or extended for a specified duration.
5. By way of exception, a fixed-term contract for the regular delivery of newspapers, magazines, or periodicals may be tacitly renewed for a specified duration of up to three months if the consumer can terminate the renewed contract by the end of the renewal period with a notice period not exceeding one month.
6. A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period not exceeding one month.
7. A contract of limited duration for the regular delivery of trial or introductory subscriptions to newspapers, magazines, or periodicals will not be tacitly renewed and will end automatically after the trial or introductory period.
Duration
8. If a contract exceeds one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness dictate otherwise.
Article 13 – Payment
- Unless otherwise agreed, amounts due by the consumer must be paid within seven working days after the start of the cooling-off period as described in Article 6(1). In the case of a service agreement, this period begins after the consumer has received the contract confirmation.
- The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
- If the consumer fails to meet their payment obligations, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
- Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within 30 days after the consumer has identified the shortcomings.
- Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution clause.
- A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
- Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by UK law.
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