Terms and Conditions

Terms and Conditions – Nouvelle

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

  • Cooling-off period: the period within which the Consumer may exercise the right of withdrawal.

  • Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a Distance Contract with the Entrepreneur.

  • Day: a calendar day.

  • Continuing transaction: a Distance Contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

  • Durable medium: any means that enables the Consumer or the Entrepreneur to store information addressed personally to them in a way that allows future reference and unchanged reproduction of the stored information.

  • Right of withdrawal: the possibility 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 the Consumer within the framework of an organised system for the distance sale of products and/or services, using exclusively one or more means of distance communication.

  • Means of distance communication: a method that can be used to conclude a contract without the Consumer and Entrepreneur being physically present in the same place at the same time.

  • General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.

Article 2 – Identity of the Entrepreneur

Nouvelle
Email: Salomonsnl.info@gmail.com
KvK (Dutch Chamber of Commerce registration number): 88015378
BTW (Dutch VAT number): NL004524024B92

Nouvelle is a business registered in the Netherlands.

Article 3 – Applicability

  1. 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 the Consumer.

  2. Before the Distance Contract is concluded, the text of these Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before the Distance Contract is concluded that the Terms and Conditions can be inspected at the Entrepreneur’s premises and will be sent free of charge as soon as possible at the Consumer’s request.

  3. If the Distance Contract is concluded electronically, then, contrary to the previous paragraph, these Terms and Conditions may be provided electronically in such a way that the Consumer can easily store them on a durable medium.

  4. In the event that specific product or service conditions also apply, the provisions of the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting provisions, the Consumer may always rely on the most favourable applicable provision.

  5. If any provision of these Terms and Conditions is declared void or annulled in whole or in part at any time, the remainder of the contract and these Terms and Conditions shall remain in force, and the relevant provision shall be replaced by a provision that reflects the original intent as closely as possible.

  6. Any situation not covered by these Terms and Conditions must be assessed in accordance with the spirit of these Terms and Conditions.

  7. Any ambiguities regarding the interpretation of one or more provisions of these Terms and Conditions must be interpreted in accordance with the spirit of these 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 non-binding. The Entrepreneur is entitled to change and amend 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. Images used by the Entrepreneur are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind 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. However, the Entrepreneur cannot guarantee that the colours displayed exactly match the actual colours of the products.

  6. Each offer contains sufficient information to make clear to the Consumer what rights and obligations are attached to acceptance of the offer. This particularly includes:

    • the price, excluding import duties and local taxes. Such additional costs are the responsibility of the Consumer. The postal and/or courier service may charge import GST (Goods and Services Tax) and clearance fees to the recipient in the destination country.

    • any shipping costs;

    • the manner in which the contract will be concluded and which actions are necessary to do so;

    • whether or not the right of withdrawal applies;

    • the method of payment, delivery and execution of the contract;

    • the period for accepting the offer, or the period during which the Entrepreneur guarantees the price;

    • the rate of communication at a distance if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate;

    • whether the contract will be archived after conclusion, and if so, how it can be accessed by the Consumer;

    • the way in which the Consumer, before concluding the contract, can check and, if desired, correct the data provided by them in relation to the contract;

    • the languages in which the contract can be concluded, in addition to English;

    • the codes of conduct to which the Entrepreneur has submitted and how the Consumer can consult these electronically;

    • the minimum duration of the Distance Contract in the event of a continuing transaction.

    • optional: available sizes, colours, types of materials.

Article 5 – The Agreement

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the Consumer accepts the offer and meets the applicable conditions.

  2. If the Consumer has accepted the offer electronically, the Entrepreneur will promptly confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the Entrepreneur, the Consumer may dissolve the contract.

  3. If the contract is concluded electronically, the Entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the Consumer is able to pay electronically, the Entrepreneur shall take appropriate security measures.

  4. The Entrepreneur may, within legal limits, obtain information about whether the Consumer can meet their payment obligations, as well as about facts and factors important for the responsible conclusion of the Distance Contract. If, on the basis of this investigation, the Entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request, or to attach special conditions to its execution.

  5. With the product or service, the Entrepreneur will provide the Consumer with the following information, in writing or in such a way that it can be stored on a durable medium by the Consumer:

    • the visiting address of the Entrepreneur’s business premises where the Consumer may lodge complaints;

    • the conditions under which and the manner in which the Consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal does not apply;

    • information on guarantees and existing after-sales service;

    • the data referred to in Article 4, paragraph 6 of these Terms and Conditions, unless the Entrepreneur has already provided this data to the Consumer before the performance 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.

  6. In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

  7. Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

  1. When purchasing products, the Consumer has the option of dissolving the contract without giving reasons within 14 days. The cooling-off period commences on the day after receipt of the product by the Consumer or a representative previously designated by the Consumer and made known to the Entrepreneur.

  2. During the cooling-off period, the Consumer will handle the product and 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 the original condition and packaging, in accordance with the reasonable and clear instructions provided by the Entrepreneur.

  3. If the Consumer wishes to exercise their right of withdrawal, they must notify the Entrepreneur within 14 days of receiving the product. Notification must be made in writing or by email. After notifying their intention to withdraw, the Consumer must return the product within 14 days. The Consumer must provide proof that the goods have been returned on time, for example by means of a proof of shipment.

  4. If the Consumer has not notified the Entrepreneur of their intention to exercise the right of withdrawal within the periods referred to in paragraphs 2 and 3, or has not returned the product to the Entrepreneur, the purchase is final.

Article 7 – Costs in the Event of Withdrawal

  1. If the Consumer exercises their right of withdrawal, the direct costs of returning the products are for the Consumer’s account.

  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, provided that the product has already been received back by the Entrepreneur or conclusive proof of complete return has been supplied.

Article 8 – Exclusion of the Right of Withdrawal

  1. The Entrepreneur may 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 before concluding the contract.

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

    • that have been produced by the Entrepreneur in accordance with specifications of the Consumer;

    • that are clearly personal in nature;

    • that cannot be returned due to their nature;

    • that can spoil or age quickly;

    • the price of which is subject to fluctuations in the financial market that the Entrepreneur cannot influence;

    • for individual newspapers and magazines;

    • for audio and video recordings and computer software of which the Consumer has broken the seal;

    • for hygiene products of which the Consumer has broken the seal.

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

    • relating to accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;

    • where delivery 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 products and/or services offered will not be increased, except for price changes due to changes in VAT or GST rates.

  2. In deviation from 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 dependence on fluctuations and the fact that any prices mentioned 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 statutory 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 statutory regulations or provisions; or

    • the Consumer has the right to terminate the contract as of the day the price increase takes effect.

  5. Deliveries take place outside the European Union. As a result, local import duties, GST and/or customs clearance fees may be charged to the Consumer by the postal or courier service. The Entrepreneur does not charge Dutch VAT.

  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the Entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

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

  2. A guarantee provided by the Entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the Consumer may assert against the Entrepreneur on the basis of the contract.

  3. Any defects or wrongly delivered products must be reported to the Entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

  4. The Entrepreneur’s 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.

  5. The warranty does not apply if:

    • the Consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

    • the delivered products have been exposed to abnormal conditions, have been treated carelessly or have been handled contrary to the instructions of the Entrepreneur and/or the packaging;

    • the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Australian Consumer Law

Nothing in these Terms and Conditions excludes, restricts or modifies any rights, remedies, guarantees or liabilities that are available to Consumers under the Australian Consumer Law (ACL). If there is any inconsistency between these Terms and Conditions and the ACL, the ACL will prevail to the extent of the inconsistency.