General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following terms have the following meanings:

Right of withdrawal: the period within which the consumer may exercise his right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the trader.

Day: calendar day.

Continuous contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

General terms and conditions: the trader's current general terms and conditions.

Article 3 – Scope

These general terms and conditions apply to all offers from the trader and to all distance contracts concluded and orders placed between the trader and the consumer.

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, the trader shall, before the distance contract is concluded, inform the consumer that the general terms and conditions are available for inspection at the trader's premises and that, at the consumer's request, they will be sent to the consumer free of charge as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may, without prejudice to the preceding paragraph, be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it shall be stated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most advantageous to him in the event of conflicting general terms and conditions.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or revoked, the contract and these terms and conditions shall remain valid in the remainder, and the provision concerned shall be immediately replaced by mutual agreement with a provision that corresponds as closely as possible to the content of the original.

Situations not covered by these general terms and conditions shall be assessed “in accordance with any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these terms and conditions. span>

Article 4 – The Offer

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

The offer is not binding. The trader has the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer correctly. If the trader uses images, these must be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the trader.

All images, specifications and information in the offer are indicative and cannot give rise to compensation or cancellation of the contract.

The images of the products are an accurate representation of the products offered. The trader cannot guarantee that the colors shown exactly correspond to the actual colors of the products. colors.

Each offer contains information that clearly states to the consumer the rights and obligations associated with accepting the offer. This applies in particular:

the price excluding customs costs and import VAT. These additional costs are borne by the customer and/or the courier. The postal and/or courier service applies the special system for postal and courier services for imports. This system applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects VAT (with or without customs clearance costs) from the recipient of the goods.

any shipping costs

how the contract is concluded and what steps are required for this

whether the right of withdrawal applies

method of payment, delivery and performance of the contract

the deadline for accepting the offer or the period during which the trader guarantees the price;

the tariff for distance communication, if the cost of using the distance communication technology is calculated on a basis other than the standard tariff for the means of communication used used;

whether the contract will be archived after conclusion and, if so, how the consumer can access it;

how the consumer can check and, if necessary, correct the information he or she has provided in connection with 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 by which the trader is bound and how the consumer can access these codes of conduct electronically; and

the minimum duration of the distance contract in the case of long-term transactions.

Optional: available sizes, colours, type of material.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may withdraw from the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure online environment. If the consumer is able to pay electronically, the trader shall take appropriate security measures.

The trader may, within the legal framework, determine whether the consumer is able to fulfil his payment obligations, as well as all the facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this assessment, the trader has good reasons not to conclude the contract, he is entitled to refuse an order or request, stating the reasons, or to attach special conditions to its implementation.

The trader shall send the following information to the consumer together with the product or service in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the trader's business where the consumer can submit complaints;
the conditions and manner in which the consumer can exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded; Right of withdrawal;
information on guarantees and existing after-sales service;
the information referred to in Article 4.3 of these terms and conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;
the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuous supply contract, the provision in the previous paragraph applies only to the first delivery.

All contracts are concluded subject to the condition that there is sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the possibility to withdraw from the contract within 30 days without giving any reason. The right of withdrawal begins to run on the day after the consumer or a representative designated by the consumer in advance and notified to the trader receives the product.

During the withdrawal period, the consumer must handle the product and the packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If the consumer exercises his right of withdrawal, he must return the product with all accessories that came with it and, if reasonably possible, in its original condition and in its original packaging to the trader in accordance with the trader's reasonable and clear instructions.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader of this within 30 days of receiving the product. The consumer must notify the trader of this in writing/by email. After the consumer has indicated that he or she wishes to exercise his or her right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned to their place of origin in time. This can also be done directly to our supplier in China. The customer can do this, for example, by providing proof of dispatch of the goods.

If the customer has not indicated that he or she wishes to exercise his or her right of withdrawal after the deadlines set out in points 2 and 3 have expired, or has not returned the product to the trader, the purchase is final.

Article 7 – Costs of withdrawal

If the consumer exercises his or her right of withdrawal, the costs of returning the products shall be borne exclusively by the consumer. Please note that this must also be taken into account when returning to the country of origin, i.e. our supplier in China.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 30 days after exercising the right of withdrawal. This applies provided that the product has already been received by the online trader or that definitive proof of complete return can be provided. is presented.

Article 8 – Exceptions to the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products described in points 2 and 3. The exception to the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.

Exceptions to the right of withdrawal are only possible for products:

which have been created by the trader in accordance with the consumer's specifications;
which are of a clearly personal nature;
which cannot be returned due to their nature;
which may deteriorate or expire quickly;
whose price is subject to fluctuations in the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer programs on which the consumer has broken the seal.
for hygiene products on which the consumer has broken the seal the seal on.
Exclusion of the right of withdrawal is only possible for services:

which relate to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
if the delivery has begun with the consumer's express consent before the withdrawal period has expired;
which relate to betting and lottery services.
Article 9 – Price

Notwithstanding the previous paragraph, the trader may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the trader has no influence. This susceptibility to fluctuations and the fact that all prices quoted are indicative prices shall be stated in the offer.

Price increases within three months of the conclusion of the contract are only permitted if they are the result of statutory provisions or regulations.

Price increases from three months after the conclusion of the contract are only permitted if the trader has approved this and

they are the result of statutory provisions or regulations, or
The consumer has the right to cancel the contract with effect from the date on which the price increase comes into force.
The place of delivery is, in accordance with Article 5(1) of the 1968 Turnover Tax Act, the country in which the transport begins. In the present case, this delivery takes place outside the EU. The postal or courier service will therefore charge the customer import VAT and/or customs clearance costs. For this reason, the trader does not charge VAT.

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

Article 10 – Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements for durability and/or usability and the laws and/or regulations applicable at the time of conclusion of the contract. If so agreed, the trader also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported in writing to the trader within 30 days of delivery. The products must be returned in their original packaging and in new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for the consumer's individual use, nor for advice on the use or application of the products.

The guarantee does not apply if:

The consumer himself has repaired and/or modified the delivered products or has had a third party repair and/or modify them.

The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the entrepreneur's instructions and/or packaging.

The defect is wholly or partly a result of regulations introduced or to be introduced by the authorities with regard to the nature or quality of the materials used.

Article 2 – Identity of the trader

Trade register number: 96094427
Trade name: NED DS

Article 11 – Delivery and performance

The trader must exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders immediately, but no later than within 30 days, unless the consumer has accepted a longer delivery time. If delivery is delayed or if an order cannot be fulfilled or can only be fulfilled in part, the consumer shall be notified of this within 30 days of placing the order. In such a case, the consumer has the right to terminate the contract without incurring any costs and is entitled to compensation.

In the event of termination in a In accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after the termination.

If delivery of an ordered product proves impossible, the trader shall endeavour to deliver a replacement product. The fact that a replacement product is being delivered shall be stated clearly and comprehensibly at the latest at the time of delivery. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipping shall be borne by the trader.

The risk of damage and/or loss of products shall remain with the trader until delivery to the consumer or a previously designated representative known to the trader, unless otherwise expressly agreed.

Article 12 – Contracts for continuous performance: duration, termination and renewal

Termination

The consumer may terminate a contract concluded for an indefinite period and which concerns the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract concluded for an indefinite period ... The consumer may terminate the contracts referred to in the preceding paragraphs:

at any time and without limitation to termination at a specific time or during a a certain period;

at least in the same way as they were concluded by him;

always with the same notice period that the trader has set for himself.

Extension

A contract concluded for a definite period and which concerns the regular supply of products (including electricity) or services may not be extended or renewed for a definite period.

By way of derogation from the preceding paragraph, a contract concluded for a definite period and which concerns the regular supply of newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer may terminate this extended contract at the end of the extension period with a notice period of no more than one month.

A contract concluded for a definite period and which concerns the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months if the contract concerns the regular, but less than monthly, delivery of newspapers, news and weekly and monthly magazines.

A fixed-term contract for the regular delivery of newspapers, news and weekly and monthly magazines as a trial subscription (trial or introductory subscription) may not be tacitly extended and shall automatically terminate after the trial or introductory period.

Duration

Article 13 – Payment

Unless otherwise agreed, all amounts owed by the consumer shall be paid within seven working days from the date on which the withdrawal period referred to in Article 6(1) begins to run. In the case of contracts for the provision of a service, this period shall start to run after the consumer has received the confirmation of the contract.

The consumer is obliged to immediately report any inaccuracies in the payment details provided or communicated to the trader.

If the consumer fails to pay, the trader is entitled, subject to legal restrictions, to charge the consumer reasonable costs, which shall be communicated to him in advance.

Article 14 – Complaints procedure

Complaints about the performance of the contract must be submitted to the trader in full and clearly described within 7 days of the consumer discovering the deficiencies.

Complaints submitted to the trader will be answered within 30 days of receipt. If a complaint requires an expected longer processing time, the trader shall respond within 30 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not relieve the trader of his obligations, unless the trader states otherwise in writing.

If the trader finds a complaint justified, the trader will, at its own discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the trader and the consumer covered by these general terms and conditions are governed exclusively by Dutch law, even if the consumer is resident abroad.