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 – Obligations of the consumer during the reflection period

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of the entrepreneur at withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance and additional warranty

Article 13 – Delivery and implementation

Article 14 – Payment

Article 15 – Complaints

Article 16 – Disputes

Article 17 – Additional or different provisions

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions shall apply:

  1. Supplemental Agreement: An agreement in which the consumer acquires products in connection with a distance contract and these products are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Reflection period: The period within which the consumer can exercise his right of withdrawal;
  3. Consumer: The natural person who is not acting for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital Content:data produced and delivered in digital form;
  6. Durable data carrier: any tool – including e-mail – which enables the consumer or entrepreneur to store information addressed to him personally, in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
  7. Cancellation right: The ability of the consumer to abandon the distance contract within the cooling-off period;
  8. Entrepreneur: The natural or legal person who offers remote products to consumers;
  9. Distance contract: An agreement that is concluded between the trader and the consumer as part of an organized system for the distance sale of products whereby, up to and including the moment at which the agreement is concluded, sole or joint use is made of one or more techniques for distance communication;
  10. Model cancellation form: the European model withdrawal form included in Annex I of these Terms and Conditions. Annex I need not be made available if the consumer does not have a right of withdrawal with respect to his order;
  11. Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to have met in the same room at the same time.

Article 2 – Identity of the entrepreneur

Noubased

Hertoginnenlaan 25 te Oostvoorne

Phone number: 06-12314749 (Mon.- Fri.10:00-18:00)

E-mail address: info@noubased.nl

Chamber of Commerce number: 77056701

VAT Identification Number: NL003141805B07

Article 3 – Applicability

  1. 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.
  2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible, at the consumer’s request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
  4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.

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 contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

  1. The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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 created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur may, within the limits of the law – to inform the consumer of his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If the entrepreneur, on the basis of this research, has good reason not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
  5. The entrepreneur will, at the latest upon delivery of the product to the consumer, send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. The address of the establishment of the entrepreneur where the consumer can go with complaints;
  7. The conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
  8. The information about warranties and existing after-purchase service;
  9. The price including all taxes of the product; where applicable, the cost of delivery; and the method of payment, delivery or performance of the remote agreement;
  10. if the consumer has a right of withdrawal, the model form for withdrawal.

Article 6 – Right of withdrawal

By products:

    1. The consumer can dissolve a contract relating to the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
    2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
    3. if the consumer has ordered multiple products in one order: the day the consumer or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
    4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

Article 7  Obligations of the consumer during the reflection period

  1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for depreciation in the value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he shall report this to the entrepreneur within the cooling-off period by means of the model form for withdrawal or in another unequivocal manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
  3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that the costs are borne by himself, the consumer does not have to bear the costs of return.
  6. If the consumer makes use of his right of withdrawal, all additional contracts will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur at withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send an acknowledgement of receipt of this notification without delay after receiving it.
  2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
  3. The entrepreneur will use the same means of payment that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 Exclusion of the right of withdrawal

The entrepreneur can exclude the following products from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

    1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
    2. Contracts concluded during a public auction. A public auction is understood to be a method of sale in which products are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products;
    3. Service Agreements, after full performance of the service, but only if:
    4. the execution has begun with the consumer’s express prior consent; and
    5. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully executed the contract;
    6. Package holidays as referred to in Article 7:500 of the Civil Code and contracts of passenger transport;
    7. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
    8. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
    9. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
    10. Products that spoil quickly or have a limited shelf life;
    11. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
    12. Products that after delivery are by their nature irrevocably mixed with other products;
    13. Alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
    14. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
    15. Newspapers, magazines or journals, except subscriptions thereto;
    16. The delivery of digital content other than on a tangible medium, but only if:
    17. the execution has begun with the consumer’s express prior consent; and
    18. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 The price

  1. During the validity period mentioned 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. Notwithstanding 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 link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
  5. they are the result of statutory regulations or provisions; or
  6. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
  7. The prices mentioned in the offer of products or services include VAT.

Article 12  Performance and additional warranty

  1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
  3. By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

Article 13  
Delivery and implementation

  1. The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. Subject to what is stated in Article 4 of these terms and conditions, the operator accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
  5. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.

Article 14  Payment

  1. To the extent not otherwise provided in the contract or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of a contract to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the implementation of the relevant order or service (s), before the stipulated prepayment has occurred.
  3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
  4. If the consumer does not timely fulfill his payment obligation(s), he is, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, the statutory interest on the amount due and the entrepreneur has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the following € 2500 and 5% on the following € 5000, with a minimum of € 40. The proprietor may depart from the amounts and percentages stated for the benefit of the consumer.

Article 15  Complaints

  1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
  2. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has found the defects.
  3. Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer should at least give the entrepreneur 4 weeks to resolve the complaint in mutual consultation.

Article 16  Disputes

  1. On contracts between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies

Article 17  Additional or different provisions

  1. Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.