General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period (Bedenkzeit): The period within which the consumer can exercise their right of withdrawal.

  • Consumer (Verbraucher): The natural person who is not acting in the exercise of a trade, business, craft or profession, and who enters into a distance contract with the entrepreneur.

  • Day (Tag): Calendar day.

  • Continuing performance contract (Dauertransaktion): A distance contract relating to a series of products and/or services, for which the supply and/or purchase obligation is spread over time.

  • Durable medium (Dauerhafter Datenträger): Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future retrieval and unaltered reproduction of the stored information.

  • Right of withdrawal (Widerrufsrecht): The consumer's option to withdraw from the distance contract within the cooling-off period.

  • Entrepreneur (Unternehmer): The natural or legal person who offers products and/or services remotely to consumers.

  • Distance contract (Fernabsatzvertrag): A contract concluded within the framework of an organized system for the distance sale of products and/or services by the entrepreneur, up to and including the moment the contract is concluded, by means of one or more means of distance communication.

  • Means of distance communication (Fernkommunikationstechnik): A means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same room.

  • General Terms and Conditions (Allgemeine Geschäftsbedingungen - AGB): These present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Eerstshoppen.nl
Van der Palmstraat 4-2
3532 GR, The Netherlands

Email address: info@novilondon.com
Chamber of Commerce (Handelsregisternummer) number: 73754420
VAT identification number (USt-Identifikationsnummer): NL002401054B53

Article 3 – Applicability

  1. These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.

  2. 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, before the distance contract is concluded, it will be indicated that the General Terms and Conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

  3. If the distance contract is concluded electronically, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the General Terms and Conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

  4. In the event that, in addition to these General Terms and Conditions, specific product or service conditions also apply, paragraphs 2 and 3 shall apply mutatis mutandis, and the consumer can always rely on the provision most favorable to them in case of conflicting conditions.

  5. If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or are annulled, the contract and these terms will otherwise remain in force, and the relevant provision will immediately be replaced by a provision that approximates the intent of the original as closely as possible.

  6. Situations not governed by these General Terms and Conditions must be assessed in the spirit of these General Terms and Conditions.

  7. Uncertainties about the interpretation or content of one or more provisions of these terms must be interpreted in the spirit of these General Terms and Conditions.

Article 4 – The Offer

  1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

  2. The offer is without obligation. The entrepreneur is entitled to change and adjust 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

  4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the contract.

  5. Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

  6. Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

    • The price, excluding customs duties and import VAT. These additional costs are at the expense and risk of the customer.

    • The possible shipping costs.

    • The way in which the contract will be concluded and which actions are required for this.

    • The applicability of the right of withdrawal.

    • The method of payment, delivery, and execution of the contract.

    • The period for accepting the offer, or the period within which the entrepreneur guarantees the price.

    • The level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used.

    • Whether the contract will be archived after its conclusion and, if so, how the consumer can consult it.

    • The way in which the consumer can check and, if necessary, correct the data provided by them under the contract before the contract is concluded.

    • Any other languages in which the contract can be concluded in addition to Dutch.

    • The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes electronically.

    • The minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 – The Contract

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set for it.

  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 contract.

  3. 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 web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

  4. The entrepreneur can – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

  5. The entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer on a durable medium, along with the product or service:

    • The visiting address of the entrepreneur's establishment where the consumer can lodge complaints.

    • The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

    • Information about warranties and existing after-sales service.

    • The data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the contract.

    • The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

Article 6 – Right of Withdrawal

  1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, received the product.

  2. During the cooling-off period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The notification must be made in writing or by email. After the consumer has expressed their wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.

  4. If the consumer has not made known their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.

  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

  1. 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 time before the contract is concluded.

  2. Exclusion of the right of withdrawal is only possible for products:

    • That have been created by the entrepreneur according to the consumer's specifications.

    • That are clearly personal in nature.

    • That cannot be returned due to their nature.

    • That spoil or age quickly.

    • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.

    • For loose 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.

  3. Exclusion of the right of withdrawal is only possible for services:

    • Relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period.

    • Whose supply has begun with the express consent of the consumer before the cooling-off period has expired.

    • Relating to betting and lotteries.

Article 9 – The Price

  1. During the validity period 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.

  2. Notwithstanding 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 will be stated in the offer.

  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.

  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

    • They are the result of legal regulations or provisions, or

    • The consumer has the authority to terminate the contract on the day the price increase takes effect.

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

  2. A warranty 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 contract.

  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in the original packaging and in new condition.

  4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.

  5. The warranty does not apply if:

    • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.

    • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging.

    • The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The entrepreneur will observe the utmost care when receiving and executing orders for products.

  2. Subject to what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation.

  3. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

  4. If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement product available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement product is being delivered. The right of withdrawal cannot be excluded with replacement products. The costs of a possible return shipment are for the account of the entrepreneur.

  5. 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 – Continuing Performance Contracts: Duration, Termination, and Extension

  1. Termination:

    • The consumer can at any time terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.

    • The consumer can at any time terminate a contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at the end of the agreed term, with due observance of the agreed termination rules and a notice period of no more than one month.

    • The consumer can terminate the contracts referred to in the previous paragraphs:

      • At any time and is not limited to termination at a specific time or in a specific period.

      • At least in the same way as they were entered into by the consumer.

      • Always with the same notice period as the entrepreneur has stipulated for themselves.

  2. Extension:

    • A contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

    • Notwithstanding the previous paragraph, a contract concluded for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum of three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.

    • A contract concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it 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 monthly, delivery of daily, news, and weekly newspapers and magazines.

    • A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

  3. Duration:

    • If a contract has a duration of more than one year, the consumer can terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 – Payment

  1. 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 event of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

  2. The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.

  3. In the event of non-payment 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

  1. Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

  2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

  3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

  4. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

  5. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Contracts between the entrepreneur and the consumer to which these General Terms and Conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.