Index
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 | Obligations of the customer during the reflection period
Article 8 | Exercise of the right of withdrawal by the customer and costs thereof
Article 9 | Exclusion right of withdrawal
Article 10 | The price
Article 11 | Compliance and extra guarantee
Article 12 | Delivery and execution
Article 13 | Payment
Article 14 | Complaints procedure
Article 15 | Disputes
Article 16 | Additional or different provisions
Article 1 | Definitions
In these terms and conditions, the following definitions apply:
1. Additional agreement: an agreement whereby the customer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of a agreement between the third party and the entrepreneur;
2. Cooling-off period: the period within which the customer can make use of his right of withdrawal;
3. Customer: the person who is acting for purposes related to his trade, business, craft or profession OR the natural person who is not acting for purposes related to the above activities.
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool – including e-mail – that enables the customer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the customer’s option to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to the customer at a distance;
10. Distance contract: an agreement that is concluded between the entrepreneur and the customer in the context of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusively or partly one or more remote communication techniques are used;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the customer has no right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used for concluding an agreement, without the customer and entrepreneur having to meet in the same room at the same time.
Article 2 | Identity of the entrepreneur
NoyNuts
Van het Hoffstraat 29
2991 XP Barendrecht
The Netherlands
Chamber of Commerce number: 72239867
VAT number: NL859042522B01
Article 3 | Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the customer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the customer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that customer can store it in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the customer electronically or in another way.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the customer can always invoke the applicable provision that is most convenient for him in the event of conflicting terms and conditions.
Article 4 | The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer.
Article 5 | The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the customer of the offer and compliance with the associated conditions.
2. If the customer 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 customer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
4. Within legal frameworks, the entrepreneur can inform himself whether the customer can meet his payment obligations, as well as about 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 with reasons or to attach special conditions to the implementation.
5. At the latest upon delivery of the product, service or digital content to the customer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the customer can go with complaints;
b. the conditions under which and the manner in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the customer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 | Right of withdrawal
For products:
1. The customer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the customer for the reason for withdrawal, but not oblige him to state his reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the customer, or a third party designated by the customer in advance, who is not the carrier, has received the product, or:
a. if the customer has ordered several products in the same order: the day on which the customer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the customer about this prior to the ordering process, refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the customer, or a third party designated by him, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products during a certain period: the day on which the customer, or a third party designated by him, has received the first product.
Article 7 | Obligations of the customer during the reflection period
1. During the reflection period, the customer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the customer may only handle and inspect the product as he would be allowed to do in a store.
2. The customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The customer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 | Exercise of the right of withdrawal by the customer and costs thereof
1. If the customer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The customer has in any case observed the return period if he returns the product before the reflection period has expired.
3. Foods can only be exchanged if the packaging is unopened.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the customer.
5. If the customer wishes to make use of the right of withdrawal, he must report this to NoyNuts in writing within the reflection period. NoyNuts will immediately send a confirmation of this message.
6. The customer bears the direct costs of returning the product. If the entrepreneur has not reported that the customer has to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the customer does not have to bear the costs for return.
7. NoyNuts will reimburse the payments received from the customer within fourteen days after termination.
8. If the customer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 | Exclusion right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Service agreements, after full performance of the service, but only if:
a. the execution has started with the express prior consent of the customer; and
b. the customer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
3. Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
4. Products that spoil quickly or have a limited shelf life;
5. Products that are irrevocably mixed with other products after delivery by their nature;
Article 10 | The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can 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 dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the customer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 11 | Compliance with the agreement and extra guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions existing on the date of the conclusion of the agreement, as well as current regulations and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the customer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.
3. An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the customer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the obligations. the agreement.
Article 12 | Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the customer has made known to the entrepreneur.
3. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the customer has paid.
4. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 13 | Payment
1. Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the customer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the cooling-off period agreement. In the case of an agreement to provide a service, this period starts on the day after the customer has received confirmation of the agreement.
2. When selling products to the customer, the customer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the customer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The customer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. If the customer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the customer a period of 14 days to still meet his payment obligations, after failure to pay within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the customer.
Article 14 | Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the customer has discovered the defects.
3. 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 answer within the period of 14 days with a notification of receipt and an indication when the customer can expect a more detailed answer.
4. The customer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.
Article 15 | Disputes
1. Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 16 | Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.