TERMS & CONDITIONS– NRVNA MODE

TERMS & CONDITIONS

Table of Contents

Article 1 - Definitions

Article 2 - Identity of the company

Article 3 - Applicability

Article 4 – The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - Price

Article 10 - Conformity and guarantee

Article 11 - Delivery and execution

Article 12 - Duration of transactions

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Industry guarantee

Article 17 - Additional or different provisions

Article 18 - Amendment of general conditions

 

Article 1 - Definitions

For the purposes of these terms and conditions:

  1. Company: the natural person or legal entity Nirvana Fashion B.V. and products and/or services offered to consumers remotely;

  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a remote contract with the entrepreneur;

  3. Remote agreement: an agreement whereby, within the framework of a system organised by the entrepreneur for remotely selling products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of remote communication;

  4. Technique for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time;

  5. Withdrawal period: the period within which the consumer may exercise their right of withdrawal;

  6. Right of withdrawal: the opportunity for the consumer to withdraw from the remote contract within the withdrawal period;

  7. Day: calendar day;

  8. Transaction duration: a remote contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread out over time;

  9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

 

Article 2 - Identity of the company

Nirvana Fashion BV

acting under the name/names: NRVNA MODE

Mailing address:

Joop Geesinkweg, 901-999

1114 AB, Amsterdam

The Netherlands

Availability: From Monday to Friday from 09:30 to 17:00

E-mail address: info@nrvnamode.com

Chamber of Commerce number: 80389937

VAT identification number: NL 861658668B01

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every remote contract concluded between the entrepreneur and consumer.

  2. Before the remote contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not possible within reasonable limits, it will be indicated that the general terms and conditions can - before the remote contract is concluded - be viewed at the entrepreneur and can, on request of the consumer, be sent free of charge, as soon as possible.

  3. If the remote contract is concluded electronically, contrary to the previous paragraph and before the remote contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not possible within reasonable limits, prior to the conclusion of the remote contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to them in the event of conflicting 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 explicitly stated in the offer.

  2. The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a true representation of the products and/or services on offer. Obvious mistakes or errors in the offer are not binding for the entrepreneur.

  3. Each offer shall contain information that makes it clear to the consumer which rights and obligations are attached to acceptance of the offer. In particular, this concerns:

- the price including taxes;

- the possible costs of delivery;

- the manner in which the agreement will be concluded and which actions are necessary for this;

- whether or not the right of withdrawal applies;

- the method of payment, delivery or execution of the agreement;

- the period for acceptance of the offer, or the period for maintaining the price;

- the rate of remote communication if the costs of using the technology for remote communication are calculated on a basis other than the basic rate;

- if the agreement is archived after its conclusion, how it can be consulted by the consumer;

- the way in which the consumer can become aware of actions they do not wish to take before concluding the agreement, as well as the way in which they can rectify these actions before the agreement is concluded;

- the languages, if any, in which, in addition to Dutch, the agreement can be concluded;

- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

- the minimum term of the remote agreement in the event of an agreement that involves the continuous or periodic delivery of products or services.

 

Article 5 - The agreement

  1. The agreement, subject to the provisions elicidated in paragraph 4, is concluded at the moment the consumer accepts the offer and meets the set conditions.

  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of acceptance of the offer, electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.

  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.

  4. The entrepreneur can obtain information - within the legal framework – about whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the implementation.

  5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible way on a durable medium:

  1. a) the physical address of the establishment of the entrepreneur to which the consumer can turn with complaints;
    b) the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
    c) the information about existing post-sale services and guarantees;
    d) the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this information prior to the execution of the agreement;
    e) the requirements for cancelling the agreement if the agreement has a duration of more than one year or is entered into for an indefinite period.

 

Article 6 - Right to withdrawal

For delivery of products

  1. When purchasing products, the consumer has the option to dissolve the contract without providing reasons within a period of 14 days. This period starts on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.

  2. During this period, the consumer will handle the product and its 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 make use of their right to withdrawal, they will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

For provision of services

  1. For delivery of services, the consumer has the opportunity to dissolve the agreement without giving reasons within a period of at least fourteen days, starting on the day of entering into the agreement.

  2. In order to make use of his right to withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the time of delivery, at the latest.

 

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of their right to withdrawal, they shall at most bear the costs of returning the goods.

  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.

 

Article 8 - Exclusion of right to withdrawal

  1. If the consumer does not have a right to withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

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

  1. a) which have been produced by the entrepreneur according to the consumer's specifications;
    b) which are clearly of a personal nature;
    c) which cannot be returned due to their nature;
    d) which can spoil or age quickly;
    e) the price of which is linked to fluctuations on the financial market on which the entrepreneur has no influence;
    f) for individual newspapers and magazines;
    g) for audio and video recordings and computer software of which the consumer has broken the seal.

  2. Exclusion of the right to withdrawal is only possible for services:
    a) relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
    b) the supply of which has started with the express consent of the consumer before the expiration of the cooling-off period;
    c) relating to betting and lotteries.

 

Article 9 - The price

  1. During the period of validity 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 rates.

  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any prices quoted 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 agreement are only allowed if the entrepreneur has stipulated this:

  1. a) they are the result of statutory regulations or provisions; or
    b) the consumer has the right to terminate the contract on the day on which the price increase takes effect.

  2. The prices mentioned in the offer of products or services include VAT.

 

Article 10 - Conformity and guarantee

  1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

  2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not detract from the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfilment of the obligations of the entrepreneur, based on the law and/or the remote agreement.

 

Article 11 - Delivery and performance

  1. The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.

  2. The place of delivery shall be the address provided by the consumer to the company.

  3. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but at the latest within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be informed of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

  4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.

  5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right to withdrawal cannot be excluded. The costs of return shipment are at the expense of the entrepreneur.

  6. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative appointed in advance and announced to the entrepreneur, unless explicitly agreed otherwise.

 

Article 12 - Duration of transactions

  1. The consumer may terminate an agreement entered into for an indefinite period of time at any time subject to the agreed termination rules and a notice period not exceeding one month.

  2. A fixed-term contract has a maximum duration of two years. If it has been agreed that in the event of the consumer's silence the remote contract will be extended, the contract will be continued as a contract for an indefinite period of time and the period of notice after continuation of the contract will not exceed one month.

 

Article 13 - Payment

  1. Unless otherwise agreed upon, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.

  2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.

  3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.

  4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

 

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

  2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

  4. A complaint about a product, service or the entrepreneur's service can also be submitted via a complaint form, via info@nrvnamode.com.

  5. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

 

Article 15 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.

  2. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable period of time.

  3. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.

  4. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound to this choice. When the entrepreneur wants to do so, the consumer will have to pronounce in writing within five weeks after a written request made by the entrepreneur whether he wants this or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.

  5. The Disputes Committee rules under the conditions as determined in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by means of a binding advice.

  6. The Disputes Committee shall not deal with a dispute or discontinue the treatment if the entrepreneur has been granted suspension of payment, has gone bankrupt or has actually ceased his business activities, before a dispute has been dealt with by the committee at the session and a final verdict has been given.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a durable medium

 

Article 17 - Amendment of the general terms and conditions

  1. Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, with the understanding that, in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.

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