Article 1 – Definitions
Article 2 – Applicability of Terms and Conditions
Article 3 – The Offer
Article 4 – The Agreement
Article 5 – Offers, Quotations and Price
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer During the Reflection Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs
Article 9 – Exclusion of the Right of Withdrawal
Article 10 – Delivery and Transfer of Risk
Article 11 – Inspection and Complaints
Article 12 – Delivery
Article 13 – Price
Article 14 – Force Majeure
Article 15 – Transfer of Rights
Article 16 – Retention of Title and Right of Retention
Article 17 – Liability
Article 18 – Complaints Procedure
Article 19 – Guarantees
Article 20 – Applicable Law and Competent Court
Article 1 – Definitions
Nomìere, established in Eindhoven, Chamber of Commerce number 90399811, VAT number NL004412724B73, is referred to in these terms and conditions as the "seller."
The other party of the seller is referred to in these terms and conditions as the "buyer."
"Parties" refers collectively to the seller and the buyer.
"Agreement" means the purchase agreement between the parties.
Article 2 – Applicability of Terms and Conditions
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur 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 entrepreneur will indicate how the consumer can inspect the terms and conditions and that they will be sent free of charge upon request.
If the agreement is concluded electronically, the text of these general terms and conditions can be made available electronically to the consumer in a way that allows easy storage on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate how the terms and conditions can be consulted electronically and that they will be sent free of charge upon request.
In the event that specific product or service terms also apply, the second and third paragraphs apply correspondingly, and in case of conflicting terms, the consumer may always rely on the provision most favorable to them.
Article 3 – The Offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. Any images used are a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are connected to accepting the offer.
Article 4 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until this receipt is confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If electronic payment is possible, appropriate security measures will be taken.
The entrepreneur may, within legal frameworks, verify whether the consumer can fulfill their payment obligations and assess all relevant facts and factors for responsibly entering into the distance contract. If the entrepreneur has good grounds not to enter into the agreement based on this assessment, they are entitled to refuse a purchase or request or attach special conditions to its execution.
Article 5 – Offers, Quotations and Price
Offers are non-binding unless the offer specifies a period of acceptance. If the offer is not accepted within the specified period, it expires.
Delivery times stated in quotations and on the website are indicative and do not entitle the buyer to dissolve the agreement or claim damages unless explicitly agreed otherwise in writing.
Offers and quotations do not automatically apply to repeat orders. Parties must expressly agree on this in writing.
The prices stated in offers, quotations, and invoices include the purchase price, VAT, and any other government levies.
Article 6 – Right of Withdrawal
The consumer has the right to dissolve the agreement within 14 days after receiving the order without giving any reason, unless the article contains a discount, in which case the right of withdrawal does not apply. The period starts from the day the (entire) order is received by the consumer.
There is no right of withdrawal for products made according to specifications or those with a short shelf life.
The consumer may use a withdrawal form provided by the seller, who must make it available upon request.
During the reflection period, the consumer must handle the product and packaging carefully and only use the product to the extent necessary to assess whether they wish to retain it. For fragrances, the seal must remain unopened. If exercising the right of withdrawal, the unused and undamaged product with all accessories and, where reasonably possible, in the original packaging must be returned according to the entrepreneur’s reasonable instructions.
Article 7 – Obligations of the Consumer During the Reflection Period
During the reflection period, the consumer must handle the product and packaging carefully, using it only to the extent necessary to determine the nature, characteristics, and functioning of the product. The consumer may only handle the product as they would in a physical store.
The consumer is only liable for any reduction in value of the product resulting from use beyond what is permitted.
The consumer is not liable for a reduction in value if the entrepreneur did not provide all legally required information regarding the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs
To exercise the right of withdrawal, the consumer must notify the seller within the reflection period using the return form.
The consumer must return or hand over the purchased product to the entrepreneur or an authorized representative as soon as possible, but within 14 days following the notice. This does not apply if the entrepreneur offered to collect the product. The consumer has met the return deadline if the product is sent before the reflection period expires.
The product must be returned with all accessories, in its original state and packaging where reasonably possible, and according to the entrepreneur’s reasonable instructions.
The consumer bears the risk and burden of proof for proper and timely exercise of the right of withdrawal.
The consumer bears the direct costs of returning the product.
All additional agreements are automatically dissolved if the consumer exercises the right of withdrawal.
Article 9 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, only if clearly stated in the offer or before the agreement is concluded:
-
Products or services whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control.
-
Products made to the consumer's specifications, which are not prefabricated and intended for a specific person.
-
Products with a short shelf life or that spoil quickly.
-
Sealed products that cannot be returned for health or hygiene reasons once the seal is broken.
-
Products that are irrevocably mixed with other products after delivery.
-
Products offered at a discount.
Article 10 – Delivery and Transfer of Risk
Risk passes from the seller to the buyer as soon as the buyer takes delivery of the purchased product.
Article 11 – Inspection and Complaints
The buyer must inspect the delivered products upon delivery, or as soon as possible thereafter, to check that quality and quantity match the agreement or normal commercial standards.
Complaints about damage, shortages, or loss must be submitted in writing within 10 working days of delivery.
If the complaint is justified, the seller may repair, re-deliver, or issue a credit note for the relevant part of the purchase price.
Minor or customary deviations in quality, quantity, size, or finish cannot be held against the seller.
Complaints regarding a specific product do not affect other products in the same order.
No complaints will be accepted after the goods have been processed by the buyer.
Article 12 – Delivery
The entrepreneur will exercise the utmost care when receiving and executing orders.
Delivery takes place at the address provided by the consumer.
Accepted orders will be executed promptly but no later than 30 days unless agreed otherwise. If delivery is delayed or partially possible, the consumer will be informed within 30 days and may dissolve the agreement without costs.
After dissolution, the entrepreneur will immediately refund the amount paid.
The risk of damage or loss remains with the entrepreneur until delivery to the consumer or an authorized representative, unless explicitly agreed otherwise.
Article 13 – Price
Prices stated in the offer are fixed during the validity period, except for VAT changes.
Products or services with prices linked to financial market fluctuations may have variable prices, stated as indicative in the offer.
Price increases within 3 months of the agreement are only allowed due to legal regulations.
Price increases after 3 months are allowed only if agreed by the consumer and due to legal regulations or if the consumer can terminate the agreement from the day the price increase takes effect.
Prices include VAT.
Article 14 – Force Majeure
The seller is not liable for damage if unable to fulfill obligations due to force majeure, including illness, war, terrorism, natural disasters, strikes, transport difficulties, or supplier failure not attributable to the seller.
Obligations are suspended until force majeure ends. After 30 days, either party may dissolve the agreement partially or fully.
If force majeure lasts longer than three months, the consumer may immediately dissolve the agreement via registered letter.
Article 15 – Transfer of Rights
Rights under this agreement cannot be transferred without prior written consent from the other party, in accordance with Article 3:83(2) of the Dutch Civil Code.
Article 16 – Retention of Title and Right of Retention
Delivered goods remain the property of the seller until full payment has been received.
The seller may suspend delivery if prepayments or the agreed price are not made on time.
The seller cannot pledge goods under retention of title.
The seller must insure retained goods against fire, explosion, water damage, and theft and provide the policy upon request.
Article 17 – Liability
Liability for damage related to the execution of an agreement is limited to the amount paid by applicable insurance plus the policy deductible.
Liability for intentional or reckless acts by the seller or management is not excluded.
Article 18 – Complaints Procedure
The entrepreneur has a publicly available complaints procedure.
Complaints must be submitted promptly and clearly described.
The entrepreneur will respond within 14 days of receipt or provide an estimated timeframe for more complex issues.
Complaints can also be submitted via Thuiswinkel.org’s complaint form.
The consumer must allow four weeks for resolution before the dispute can enter a formal dispute procedure.
Article 19 – Guarantees
If the agreement includes guarantees, the seller guarantees that the product complies with the agreement, is defect-free, and suitable for its intended purpose for two calendar years after receipt.
Guarantees do not cover damage from improper use or unauthorized modifications.
Third-party product guarantees are limited to the manufacturer’s guarantee.
Article 20 – Applicable Law and Competent Court
Dutch law exclusively governs all agreements.
The Dutch court in the district where Nomìere is established has exclusive jurisdiction unless mandatory law provides otherwise.
The applicability of the Vienna Sales Convention is excluded.
If one or more provisions are deemed unreasonably burdensome, the remaining provisions remain in effect.