General Terms And Conditions
Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
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Consumer: the natural person who is not acting for purposes related to trade, business, craft or profession and who enters into a distance contract with the entrepreneur;
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Day: calendar day;
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Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
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Durable data carrier: any device that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
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Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
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Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
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Distance contract: a contract concluded within the framework of an organized system for the entrepreneur’s distance selling of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
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Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time;
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Terms and Conditions: these present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
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Company name: NORA
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Chamber of Commerce (KvK) number: On request
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VAT number: On request
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Trade name: Faro fashion
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Customer service email: fnoraculture@gmail.com
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Business address: On request
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between entrepreneur and 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 before the contract is concluded how the terms and conditions can be inspected and that they will be sent free of charge upon request.
If the contract is concluded electronically, the text of these general terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be consulted electronically and that they will be sent free of charge upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the consumer may always invoke the applicable provision most favorable to them in the event of conflicting conditions.
If any provision of these terms and conditions is wholly or partially void or annulled, the remainder of the agreement and these terms shall remain in force. The void provision will be replaced by a provision that approaches the purpose and intent of the original as closely as possible.
Situations not covered by these terms and conditions should be assessed "in the spirit" of these terms.
Uncertainties about the interpretation or content of one or more provisions shall also be interpreted "in the spirit" of these terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the stated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. As long as this confirmation has not been received, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – inform themselves whether the consumer can meet their payment obligations, and of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to conclude the contract, they are entitled to refuse an order or attach special conditions.
The entrepreneur will send the following information in writing or in such a way that the consumer can store it on a durable data carrier:
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The entrepreneur’s address for complaints;
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The conditions under which and the way the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal does not apply;
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Information about guarantees and after-sales service;
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The price including taxes, shipping costs, and payment/delivery details;
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If applicable, the withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph applies to the first delivery only.
Article 6 – Right of Withdrawal
Upon delivery of products:
When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts the day after the consumer receives the product, or a representative previously designated by the consumer and announced to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product as necessary to determine the nature, characteristics, and functioning of the product. If they make use of the right of withdrawal, the consumer shall return the product to the entrepreneur with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. Notification can be made via the standard withdrawal form or another unequivocal statement. After this, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time.
If, after expiry of the periods mentioned above, the consumer has not expressed their intention to use the right of withdrawal or has not returned the product, the purchase is a fact.
When providing services:
When services are supplied, the consumer may dissolve the contract within 14 days after concluding the contract without giving reasons.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the return costs shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The refund will be made via the same payment method the consumer used.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products and services, but only if clearly stated in the offer and before conclusion of the contract.
Exclusion is only possible for products:
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Made to the consumer’s specifications;
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Clearly personal in nature;
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That cannot be returned due to their nature;
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That spoil quickly or have a limited shelf life;
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Whose price depends on financial market fluctuations beyond the entrepreneur’s control;
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Individual newspapers or magazines;
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Audio, video recordings or software of which the seal has been broken.
Exclusion is possible for services only regarding accommodation, transport, restaurant or leisure activities to be carried out on a specific date or during a specific period.
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control at variable prices. This will be indicated in the offer.
Price increases within 3 months after conclusion of the contract are only permitted if resulting from statutory regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
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They result from statutory regulations or provisions; or
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The consumer has the right to terminate the contract on the day the increase takes effect.
Prices mentioned in the offer include VAT.
Article 10 – Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and usability, and existing legal provisions and/or government regulations on the date of conclusion of the contract.
Any warranty provided by the entrepreneur, manufacturer or importer does not affect the consumer’s legal rights and claims.
Article 11 – Delivery and Performance
The entrepreneur will take the greatest possible care when receiving and executing orders.
The place of delivery is the address that the consumer makes known to the entrepreneur.
With due observance of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed or cannot be carried out, the consumer will be informed as soon as possible and has the right to terminate the contract free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. The consumer will be informed in a clear manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The return costs are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer.
Article 12 – Long-Term Transactions
The consumer may terminate a contract that has been concluded for an indefinite period at any time with due observance of the agreed termination rules and a notice period of up to one month.
A contract entered into for a definite period has a maximum duration of two years.
Article 13 – Payment
Unless otherwise agreed, amounts owed must be paid within 7 working days after the start of the cooling-off period. In the case of a contract for services, this period starts after the consumer has received confirmation of the contract.
The consumer has a duty to report inaccuracies in provided or stated payment details to the entrepreneur immediately.
In case of non-payment, the entrepreneur has the right to recover reasonable costs previously made known to the consumer.
Article 14 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints according to this procedure.
Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
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 send a confirmation of receipt within 14 days and indicate when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law exclusively applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer resides abroad.