Terms & conditions
Entrepreneur's Indentity:
– Nevermind Customs
– Kraanven 11, Leende, The Netherlands
– E-mailadres: info@nevermindcustoms.nl
– KvK-number: 84894970
Contents
Article 1 – The offer
Article 2 – The contract
Article 3 – Costs in case of withdrawal
Article 4 – Exclusion of the right of withdrawal
Article 5 – The price
Article 6 – Compliance and warranty
Article 7 – Delivery and execution
Article 8 – Payment
Article 9 – Disputes
Article 1 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur has the right to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
4. All images, specifications and information in the offer are indicative and may not lead to compensation or dissolution of the contract.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what his rights and obligations are, which are connected to the acceptance of the offer. This concerns in particular
particular:
–
o the price including taxes;
o any costs of shipment;
o the way in which the agreement will be concluded and what actions are required for this;
o whether or not the right of withdrawal is applicable;
o the method of payment, delivery and implementation of the agreement;
– the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
– The level of the rate of distance communication if the cost of using the technology for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
– whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
– the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
– any other languages besides Dutch in which the contract can be concluded;
– the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
– The minimum duration of the distance contract in the event of an extended transaction.
– Optional: available sizes, colors, type of materials.
Article 2 - The Agreement
1. The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may – within legal limits – obtain information about the consumer’s ability to fulfill his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
6. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
7. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
8. the information on guarantees and existing after-sales service;
9. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer prior to concluding the contract
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
11. In case of a duration contract, the provision in the previous paragraph only applies to the first delivery.
12. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 3 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of return shipment.
2. 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 the withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer will be liable for any reduction in value of the product.
4. The consumer cannot be held liable for any reduction in the value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.
Article 4 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products
3. that have been created by the entrepreneur in accordance with the specifications of the consumer;
4. that are clearly personal in nature;
5. that cannot be returned due to their nature
6. that spoil or age quickly;
7. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
8. for single newspapers and magazines;
9. for audio- and video-recordings and computer software of which the consumer has broken the seal
10. for hygienic products of which the consumer has broken the seal.
11. Exclusion of the right of withdrawal is only possible for services:
12. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
13. of which the delivery has begun with the consumer’s express consent before the cooling-off period has expired;
14. concerning betting and lotteries.
Article 5 - The price
1. During the period of validity mentioned in the offer, the prices of the products and/or services offered may be increased by the entrepreneur.
2. Notwithstanding 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 link to fluctuations and the fact that any prices mentioned are recommended prices will be stated with the offer.
3. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
4. The prices mentioned in the offer of products or services include VAT.
5. All prices are subject to misprints and typographical errors. No liability will be accepted for the consequences of misprints and typesetting errors. In case of misprints the entrepreneur is not obliged to deliver the product according to the wrong price.
Article 6 - Conformity and Warranty
1. The trader warrants that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
3. Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, 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.
5. The guarantee does not apply if:
– The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
– The delivered products have been exposed to abnormal conditions or otherwise carelessly handled or in violation of the instructions of the entrepreneur and / or on the packaging;
– The inadequacy is wholly or partially the result of government regulations which have been or will be imposed on the nature or quality of the materials used.
Article 7 - Delivery and execution
1. The entrepreneur will take the greatest possible care in receiving and carrying out orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer may not derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the consumer with the amount paid as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the consumer from the moment of delivery to the shipping company.
Article 8 - Payment
1. As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6, paragraph 1. In case of an agreement for the provision of a service, this period shall start after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
3. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.
Article 9 - Disputes
1. Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.