Terms and Conditions

Table of contents:
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 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions
In these terms and conditions:
1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation and
allows unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in if he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, use is made of one or more techniques for communication on distance;
10. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur coming together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
NOOBLU Design
Registered office address: Gommelsestraat 16A, 5074 PC in Biezenmortel
Telephone number: 013 5282144 (available from Mon to Fri from 09:00 to 18:00)
Email address: [email protected]
Chamber of Commerce number: 18081465
VAT identification number: NL001548730B15

Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders 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 viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be read by the consumer. consumer can be stored in a simple manner 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 inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is the most appropriate for him. is most favorable.
5. If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these terms and conditions will otherwise remain in effect and the relevant provision will be immediately replaced in mutual consultation by a provision that approached the purport of the original as much as possible.
6. Situations not regulated in these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general 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 expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true 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 dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
o the price including taxes;
o any shipping costs;
o the way in which the agreement will be concluded and which actions are required for this;
o whether or not the right of withdrawal applies;
o the method of payment, delivery and performance of the agreement;
o the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
o the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
o whether the agreement is archived after the conclusion, and if so, how it can be consulted by the consumer;
o the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
o any other languages in which, in addition to Dutch, the agreement can be concluded;
o the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in case of a duration transaction.
o available sizes, colours, type of materials

Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer 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 consumer 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 consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as 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. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.

6. In the case of a durable transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal
Upon delivery of products:
1. When purchasing, the consumer has the option of dissolving the contract without giving reasons during 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative selected in advance by the consumer and known to the entrepreneur.
2. During the cooling-off period, the consumer will treat the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will guarantee the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the clear instructions determined by the entrepreneur.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to do so within 14 days after receipt of the product. Proof that the consumer uses the model form. After the consumer is convinced that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods are returned properly, for example by means of proof of dispatch.
4. If the customer has not made use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
5. When services are provided, the consumer has the option of dissolving the contract without giving any reason during ten minutes 14 days, starting on the day of the contract.
6. To make use of his right of withdrawal, the consumer will focus on the minimum and precise instructions provided by the entrepreneur with the offer and/or at the latest with the delivery.

Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the ten highest costs of return will be borne by him.
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 cancellation. This is subject to the condition that the product is received back by the web retailer or that the signed proof of complete return can be received.

Article 8 - Exclusion 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, depending on the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
A. that have been created by the entrepreneur because of the consumer's specifications;
B. that are personal in nature;
C. which cannot be returned due to their nature;
D. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
F. for loose newspapers and magazines;
G. for audio and video recordings and computer software of which the consumer has broken the shipment.
H. for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
A. concerning accommodation, transport, restaurant business or leisure activities to be obtained on a given date during a given period;
B. whose delivery has started with the consumer's activated consent before the cooling-off period has expired;
C. concerning subscriptions and lotteries.

Article 9 - The price
1. During the term of the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products 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 the above prices 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 consumer 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.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations. 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 legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be 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 warranty does not apply if:
o The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
o The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
o The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 11 - 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 consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
7. 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 - Duration transactions: duration, cancellation and renewal
Cancellation
1. The consumer can terminate an agreement that has been entered into for an indefinite period of time and that has been split up to the agreed delivery of products (including electricity) or services, at any time with any rules of confirmed promises and a notice period of ten at most one month.
2. The consumer may have entered into an agreement for a definite period of time and terminate that agreement for the agreed delivery of products (including electricity) or services at any time by the end of the specified term with a guarantee of agreed promises, rules and a notice period of ten maximum one month.
3. The consumer can find the agreements referred to in the previous paragraphs:
o cancel at any time and not be limited to cancellation at a specific time in a specific period;
o cancel at least in the same way as they have been entered into by him;
o always cancel with the same notice period as the entrepreneur has stipulated for itself.
Extend
4. An agreement that has been entered into for a definite period of time and that agreement for the agreed delivery of products (including electricity expected) or services may not be tacitly extended or renewed for a fixed term.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which, in contrast to the regular delivery of daily newspapers, weekly newspapers and magazines, may be tacitly extended for a fixed term of a maximum of three months, if the consumer has extended agreement at the end of the extension with a notice period of ten at most one month.
6. An agreement that has been entered into for a definite period and that agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of ten at most one month and a notice period of ten to a maximum of three months in the case of the agreement for the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the agreed delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically after the trial or introductory period has ended.
Duration
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of ten at most one month, unless reasonableness and fairness oppose termination before the end of the agreed term. to postpone.

Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to combine a service, this term after the consumer has received the confirmation of the agreement.
2. The consumer is obliged to immediately report verifications in provided or supporting payment details to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has legal restrictions, the right to charge the consumer the average costs assumed in advance.

Article 14 - Complaints procedure
1. The entrepreneur has handled a sufficiently known complaints procedure and handled the complaint on the basis of this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described by the entrepreneur within 7 days, after the consumer has guaranteed the defects.
3. Complaints submitted to the entrepreneur are received within a period of 14 days from the date of receipt. If a complaint requires a specified processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, it is a dispute that is subject to the dispute settlement procedure.
5. In the event of complaints from a consumer who is developing into an entrepreneur. In the event of complaints that cannot be resolved in consultation, the consumer can turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will remedy this free of charge. If there is still no solution, the consumer has the option of having his complaint handled by the Stichting WebwinkelKeur appointed disputes committee, the decision is binding and both the entrepreneur and the consumer agree with this binding decision.There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 15 - Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.