General terms and conditions
Article 1 – Definitions
- Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
- Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
- Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
- Day: calendar day;
- Digital content: data that are produced and supplied in digital form;
- Durable medium/carrier: every means – including emails – that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
- Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
- Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
- Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order.
Article 2 – Identity of the trader
Name trader: NicoNico
Registered address: Frederikstraat 45, 2514 LA, The Hague, The Netherlands
Telephone number: +31 70 360 42 08
Email address: email@example.com
Chamber of Commerce number: 27289522
VAT identification number: NL815425193B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by NicoNico and to every distance contract that has been realized between trader and consumer.
- Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer via the website.
- Accepting an offer or placing an order means that the consumer accepts the applicability of these conditions.
- The provisions of these conditions can only be deviated from in writing, in which case the other provisions remain in full force.
Article 4 – The offer
- The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
- Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
- All offers at NicoNico are non-committal. NicoNico expressly reserves the right to change prices, especially when it is necessary under (legal) regulations.
- An agreement is only concluded after acceptance of your order NicoNico. NicoNico is entitled to refuse orders or to attach certain conditions to the delivery unless explicitly stated otherwise. If an order is not accepted, NicoNico will inform you within three business days of receiving the order.
- By placing an order or accepting an offer at NicoNico the customer accepts the terms and conditions.
- The provisions in these conditions can be waived only in writing, in which case the remaining provisions shall remain in force.
Article 5 – The contract
- The contract will be concluded, subject to that which is stipulated in article 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
- If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures. (SSL-certification).
- The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
- The trader will send to a consumer, at the latest when delivering a product, the following information, in such a way that the consumer can store it on an accessible durable medium:
- The office address of the trader’s business location where the consumer can lodge complaints;
- the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
- information on guarantees and existing after-sales service;
- the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract.
Article 6- Right of withdrawal upon delivery of products
- When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least fourteen (14) days. During sale, a customer has seven (7) days after receiving the package to express their wish to exchange. In case consumer chooses a pick-up point to deliver to, the return period mentioned above counts from the day the package has been delivered at the location. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
- The period stipulated in para. 1 commences on the day after the product was received by the consumer or a third party designated by the consumer, who is not the transporting party, or: a. if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product.
Article 7 – Consumers’ obligations during the withdrawal period
- During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics, and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
- The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.
Article 8 – Consumers who exercise their right of withdrawal and the costs involved
- If you want to return an item, please send an email to firstname.lastname@example.org with the exact reason for the return. If the return request has been approved, send your package to:
NicoNico, Frederikstraat 45, 2514 LA The Hague, The Netherlands
- Please note that return articles will not be refunded if:
- Original brand- and/or price tags have been removed and/or moved.
- The possible packaging (for instance shoe boxes or jewelry boxes) of the article is damaged, and/or is missing and/or is incomplete.
- The article has been worn and/or washed or shows traces of wear and/or use.
- The article is damaged and/or you have tried to repair the damage/defect yourself.
- Earrings, swimwear, and lingerie cannot be returned for hygienic reasons.
- Any defects must be reported motivated by email within fourteen days, starting at the time of receipt of your order. If it is found that the article does not meet the agreement, NicoNico has the choice to replace the article on their return with a new article. If this is not to realizable, NicoNico will proceed to credit the purchase price of the article.
- Complaints that arise because an article is not washed/cleaned and/or ironed according to the washing instructions are unfounded. Problems, caused by the use of the article, with zippers, buttons, rip in the fabric, loose stitching and seams will not be accepted as complaints. Features like fluff or pills of wool, shrink from cotton or linen, leak stretch and tweed we cannot consider a complaint. These features are inherent to the fabric.
- A consumer who wants to exercise her right of withdrawal shall report this to the trader, within the withdrawal period, by means of the model form for the right of withdrawal or in some other unequivocal way.
- The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
- The consumer bears the direct costs of returning the product.
Article 9 – Traders’ obligations in a case of withdrawal
- If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
- The trader reimburses the consumer immediately with the purchase payment, delivery costs excluded, after receiving the product.
Article 10 – The price
- Prices are in Euro’s, including 21% Dutch VAT and exclusive shipping costs.
- Payments are made in advance and are processed by Mollie Payments.
- After placing an order you will receive a confirmation email with a summary of the articles ordered and the total cost. A summary of your order you will receive exclusively by email. You will not receive a copy of this summary together with your order in the package.
- By using a bank card/credit card for payment via Mollie payments you confirm that the user card is yours. NicoNico is not liable for abuse of a bank card and/or credit card and for abuse of information by others.
- During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
Article 11 – Contract fulfillment
The trader guarantees 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 stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed with the trader also guarantees that the product is suited for other than the normal designation.
Article 12 – Supply and implementation
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is deemed to be the address that the consumer makes known to the company.
- If you yourself have specified an incorrect delivery address, the extra shipping costs will be for your account.
- PostNL will confirm your order by email along with a track & trace code after the process. You can follow your order with this track & trace code.
- If you live outside Europe you may have a risk to be charged import duties or local sales taxes.
- NicoNico is not liable if the delivery takes place at a later date. NicoNico reserves the right to deliver thirty days after receiving the order, without being declared in default by the customer. After thirty days, the customer can cancel the order.
- Exceeding the agreed delivery time does not give the customer the right to compensation, termination of the agreement or failure to perform any obligation imposed by this or any other related agreement.
- NicoNico does her best to keep the website as up to date as possible, however, it is possible that unexpectedly an article is no longer available. In this case, NicoNico shall as soon as possible contact you.
- You are required to accept your order at the time offered.
- The risk of an order passes to you at the time of delivery.
- Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.
- The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.
Article 13 – Payment
- The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
- As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within fourteen days after commencement of the withdrawal period, or in the absence of a withdrawal period within fourteen days after the conclusion of the contract. In the case of a contract to provide a service, this fourteen-day period starts on the day after the consumer received confirmation of the contract.
Article 14 – defects
Any defects must be reported, motivated by email, within fourteen days, starting at the time of receipt of your order. Items will be regarded as a defect when they are received damaged or a production error occurs within one month after purchase. Items which are damaged as a result of normal wear will not be considered as a defect. NicoNico reserves the right to ask the producer for an estimation. When considered defect NicoNico will compensate the purchase and shipping costs.
Article 15 – Disputes
- Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
- All disputes between parties will be submitted exclusively to the competent court in The Netherlands.
- These terms and conditions can be modified at any time by NicoNico.
Article 16 – Force majeure
- NicoNico has in cases of force majeure the right, at its option, the execution of your order to suspend or terminate the agreement without judicial intervention, by communicating this in writing and without that NicoNico liable to pay any damages, unless the circumstances to standards of reasonableness and fairness would be unacceptable.
- Force majeure means any shortcoming which can not be attributed to NicoNico, because it is not due to her fault and not under the law, a legal act or generally accepted traffic for its account.
Article 17 – Privacy
Webshop NicoNico.nl uses Secure Socket Layers (SSL), the industry standard in transferring information to process your orders.
- To place an order the customer has to register and give personal information. The customer is obliged to provide correct, current and complete information.
- When a customer registers her address, NicoNico is entitled to send all the orders to his address.
- In the context of the order, the trader uses the personal data to carry out the order.
The full and current privacy statement of NicoNico can be found here.
Article 18 – Miscellaneous
- If NicoNico permits deviations from these general terms and conditions for a short or longer period, whether or not tacitly, this shall not affect its right to demand immediate and strict compliance with these general terms and conditions. The consumer can never assert any right on the grounds that NicoNico applies these general conditions smoothly.
- NicoNico takes the utmost care in the manufacture, compilation, and dissemination of the information on the website, but can in no way guarantee the correctness or completeness of the information. NicoNico does not accept any responsibility for damage caused by the use or incompleteness of information offered on this website in any way whatsoever. The information and recommendations on this website can be changed without prior warning or notification. The copyright on this website belongs to NicoNico.
Article 19 – Property rights
- The property rights concerning this website, including text, images, design, photographs, other visual materials, and other material rest with NicoNico.
- You may not in any way make this website and/or parts of this website available to others and/or multiply.
Return form (this form should only be completed and returned if you want to withdraw from the contract).
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