Terms and Conditions
Terms and Conditions
This website is operated by Noveah. Throughout the site, terms such as "we", "us", and "our" refer to Noveah. Noveah offers this website, including all information, tools, and services available on this site, to you, the user, on the condition that you agree to all terms, conditions, policies, and notices outlined herein. By visiting and/or purchasing from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Service Terms", "Terms"), including any additional terms and policies referenced and/or available via a hyperlink. These Service Terms apply to all users of the site, including but not limited to users who are browsers, vendors, customers, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you disagree with any part of this agreement, you may not visit the website or use its services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools added to the current store are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting updates on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after changes are posted constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.
Article 1 – Definitions
- Cooling-off period: The period during which the consumer can exercise the right of withdrawal.
- Consumer: A natural person acting outside the scope of their profession or business who enters into a distance contract with the entrepreneur.
- Day: Calendar day.
- Duration contract: A distance contract concerning a series of products/services with delivery or performance obligations spread over time.
- Durable medium: Any medium allowing the consumer or entrepreneur to store information directed personally to them in a way that enables future consultation without altering the content.
- Right of withdrawal: The ability for the consumer to cancel the contract within the cooling-off period.
- Entrepreneur: The natural or legal person offering products and/or services at a distance to consumers.
- Distance contract: A contract where, within a system of distance selling, the agreement is made using one or more remote communication techniques.
- Remote communication technique: A method used to enter into an agreement without the consumer and entrepreneur being present in the same physical location.
Article 2 – Identity of the Entrepreneur
Email: Info@noveah.com
Business Name: Noveah
Chamber of Commerce Number: 93585241
Article 3 – Applicability
These Terms apply to any offer from the entrepreneur and any concluded distance contract and orders between the entrepreneur and the consumer.
Before entering into a distance contract, the text of these Terms will be made available to the consumer. If this is not reasonably possible, it will be indicated where the Terms can be viewed and that they will be sent to the consumer free of charge upon request.
If the contract is concluded electronically, the Terms can be provided electronically in such a way that the consumer can easily store them. If this is not possible, it will be indicated where the Terms can be accessed electronically, and that they will be sent to the consumer upon request.
In cases where specific product or service terms apply, these Terms and the specific terms will be considered in case of conflict, with the most favorable term for the consumer prevailing.
If any part of these Terms is found to be invalid or unenforceable, the rest of the agreement and Terms will remain valid, and the invalid provision will be replaced by a provision that most closely reflects the intent of the original.
Article 4 – The Offer
If an offer has a limited validity or is subject to conditions, this will be clearly stated in the offer. The offer is non-binding. The entrepreneur has the right to modify or adjust the offer.
The offer will include a full and accurate description of the products/services. The description will be detailed enough for the consumer to assess the offer. If the entrepreneur uses images, these will be a true representation of the products/services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are for indication purposes only and cannot lead to claims for compensation or contract termination. Images of products are a true representation, but the entrepreneur cannot guarantee that the colors displayed will exactly match the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations arise from accepting the offer, especially regarding:
- Price (excluding customs clearance and import VAT), which is at the consumer's expense.
- Shipping costs, if applicable.
- The method of concluding the contract and the necessary actions.
- Whether the right of withdrawal applies.
- Payment, delivery, and execution methods.
- The time frame for accepting the offer or for the entrepreneur to guarantee the price.
- Communication costs, if applicable.
- Whether the contract will be archived and how the consumer can access it.
- How the consumer can verify and correct the information provided before entering into the contract.
- Other languages available for contract formation.
- Codes of conduct the entrepreneur adheres to.
- The minimum duration of a contract for ongoing services.
Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and meets the conditions set. If the offer is accepted electronically, the entrepreneur will immediately confirm the acceptance electronically. Until the entrepreneur confirms this, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure the security of data transfer and provide a secure web environment. If the consumer can pay electronically, security measures will also be in place.
The entrepreneur may check, within legal limits, whether the consumer can fulfill payment obligations and assess any relevant facts for entering into the contract. If the entrepreneur has valid reasons not to conclude the contract, they have the right to refuse the order or apply special conditions.
Along with the product/service, the entrepreneur will send the following information in writing or in a way that the consumer can easily store it:
- The address of the entrepreneur for complaints.
- The conditions and process for using the right of withdrawal or if the right is excluded.
- Information about warranties and after-purchase services.
- Data included in Article 4(3), unless already provided before the agreement was executed.
- Requirements for terminating the agreement if it lasts over a year or is indefinite.
For long-term agreements, the above applies only to the first delivery.
Each agreement is concluded under the condition that the relevant products are available.
Article 6 – Right of Withdrawal
For product purchases, the consumer has the right to cancel the agreement within 14 days without providing any reason. The withdrawal period starts the day after the consumer receives the product or a representative designated by the consumer.
During the withdrawal period, the consumer must handle the product and packaging carefully. The product should only be unwrapped or used to the extent necessary to assess whether they want to keep it. If the consumer exercises their right of withdrawal, they must return the product, along with any accessories, and – where reasonably possible – in its original condition and packaging, following the clear instructions provided by the entrepreneur.
To use the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receiving the product, via a written notice or email. After notifying the entrepreneur, the product must be returned within 14 days. The consumer must prove that the product was returned on time, for example, by providing proof of shipment. If the consumer does not notify the entrepreneur or return the product within the specified periods, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided the product has been received by the entrepreneur or valid proof of return is provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for certain products and services, as outlined below. The exclusion is only valid if the entrepreneur has clearly stated this in the offer, or at least before the contract is concluded.
Products that can be excluded from the right of withdrawal:
- Products made according to consumer specifications.
- Products that are clearly personal in nature.
- Products that cannot be returned due to their nature.
- Products that spoil quickly or have a limited shelf life.
- Products whose price is subject to fluctuations in the financial market.
- Newspapers, magazines, or periodicals.
- Audio/video recordings and software if the seal has been broken.
- Hygiene products if the seal has been broken.
Services that can be excluded:
- Services related to accommodation, transport, catering, or leisure to be performed on a specific date or within a certain period.
- Services where the consumer has agreed to the delivery before the cooling-off period expires.
- Betting or lottery services.
Article 9 – Price
The prices of the products/services offered will not increase during the validity period specified in the offer, except for price changes due to VAT adjustments.
The entrepreneur may offer products/services with prices subject to financial market fluctuations, where the entrepreneur has no control. These prices will be indicated clearly in the offer.
Price increases within 3 months after the contract is concluded are only allowed if they result from legal regulations or conditions. Price increases after 3 months are allowed only if agreed upon by the consumer, and the consumer has the right to cancel the contract before the increase takes effect.
All prices are subject to printing and typographical errors. The entrepreneur is not liable for errors and is not obligated to supply products at incorrect prices.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services conform to the agreement, the specified descriptions, and the reasonable expectations of quality and usability, as well as any applicable laws and regulations at the time the contract is concluded.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights.
Defects or incorrect deliveries must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period matches the manufacturer's warranty. However, the entrepreneur is not responsible for the suitability of the products for specific individual purposes or for advice regarding their use.
The warranty does not apply if:
- The consumer has repaired or altered the products.
- The products have been exposed to abnormal conditions or mishandled.
- The defects are due to government regulations affecting the materials used.
Article 11 – Delivery and Execution
The entrepreneur will handle all orders with the utmost care. Accepted orders will be processed as soon as possible, but no later than 30 days, unless the consumer agrees to a longer delivery time.
If there is a delay in delivery or if an order cannot be fully executed, the consumer will be notified within 30 days. In such cases, the consumer has the right to cancel the agreement without charge and may be entitled to compensation.
If the delivery of a product is impossible, the entrepreneur will try to offer a replacement. If a replacement product is provided, the right of withdrawal is not excluded, and return shipping costs will be covered by the entrepreneur.
The risk of damage or loss of products remains with the entrepreneur until delivery to the consumer or a designated representative.
Article 12 – Duration Contracts: Duration, Termination, and Renewal
Termination:
- The consumer can cancel a contract for an indefinite period, related to the regular delivery of products or services (e.g., electricity), at any time with a maximum notice period of one month.
- The consumer can cancel a contract for a fixed period, related to the regular delivery of products or services, at any time before the contract's expiration, with a maximum notice period of one month.
Renewal:
- Fixed-term contracts for regular product or service delivery (e.g., electricity) cannot be automatically renewed.
- For subscriptions to newspapers, magazines, or periodicals, the contract can be extended for a maximum of three months, provided the consumer can cancel the extension with a maximum notice period of one month.
- Fixed-term contracts for other services may only be renewed automatically if the consumer can cancel with a notice period of one month.
Contract Duration:
- If a contract lasts more than a year, the consumer can cancel it at any time after one year, with a maximum notice period of one month, unless fairness and reasonableness prevent cancellation before the agreed duration ends.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the cooling-off period, as specified in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer receives the confirmation of the agreement.
The consumer is obligated to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs, previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects. The complaint must be fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when a more detailed response can be expected.
If the complaint cannot be resolved through mutual agreement, a dispute may arise that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur has indicated otherwise in writing.
If the complaint is found to be justified, the entrepreneur will, at their discretion, either replace or repair the defective product at no cost to the consumer.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer that these general terms and conditions pertain to. This applies even if the consumer resides abroad.
Article 16 – Contact Information
Questions regarding the terms of service can be sent to us via Info@Noveah.com