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Terms and Conditions - EN

GENERAL TERMS AND CONDITIONS

General Terms and Conditions

These General Terms and Conditions have been established in the context of the Coordination Group Self-regulation Consultation (CZ) of the Socio-Economic Council and will take effect from June 1, 2014.

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 cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaint procedure
Article 17 - Disputes
Article 18 - Additional or different provisions

Article 1 - Definitions In these terms and conditions, the following definitions apply:

Additional agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract and these items, digital content, and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person not acting for purposes related to his trade, business, craft, or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration contract: a contract aimed at the regular delivery of goods, services, and/or digital content over a certain period;
Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information directed to him personally in a way that allows for future consultation or use for a period that is appropriate to the purpose of the information, and that allows for the unaltered reproduction of the stored information;
Right of withdrawal: the ability for the consumer to within the cooling-off period withdraw from the distance contract;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
Distance contract: a contract concluded between the entrepreneur and the consumer within an organised system for distance selling of products, digital content, and/or services, using exclusively or partly one or more means of distance communication up to and including the time at which the contract is concluded;
Model withdrawal form: the model withdrawal form for European consumers included in Annex I of these conditions. Annex I need not be provided if the consumer has no right of withdrawal regarding his order;
Means of distance communication: any tool that can be used for concluding an agreement, without the consumer and entrepreneur needing to be together in the same room.

Article 2 - Identity of the entrepreneur

Entrepreneur's name: The Nomad Company BV
Trading as: NOMAD®
Business & visit address:
Stoomweg 13 A,
2631 RS, Nootdorp,
The Netherlands

Chamber of Commerce number: 09069943
VAT identification number: NL001329601B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that has been realized 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, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored in a simple way on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be electronically viewed and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs shall apply accordingly, and in case of conflicting terms, the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products, digital content, and/or services. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
Every offer contains such information that it is clear for the consumer what the rights and obligations are, that are attached to the acceptance of the offer.

Article 5 - The agreement

The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can rescind the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important to responsibly conclude the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special terms to the execution.
The entrepreneur will send the following information with the product, service, or digital content, in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable medium:
1. the address of the entrepreneur’s business establishment where the consumer can lodge complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. information about warranties and existing service after purchase;
4. the price including all taxes of the product, service, or digital content; if applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
6. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 - Right of withdrawal

For products: The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for the withdrawal but cannot force him to state his reason(s).
The mentioned reflection period starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of multiple products with a different delivery time unless he has clearly informed the consumer about this prior to the ordering process.
2. 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;
3. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not delivered on a tangible medium: The consumer can terminate a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for the withdrawal but cannot force him to state his reason(s).
The mentioned reflection period for services and digital content starts on the day following the conclusion of the agreement.
Extended reflection period for products, services, and digital content that is not delivered on a tangible medium in case the consumer has not been informed about the right of withdrawal: If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original, according to the previous paragraphs of this article reflection period.
If the entrepreneur has provided the consumer with the required information within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

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 establish the nature, characteristics, and functioning of the product. The premise here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must include the model withdrawal form, before or at the conclusion of the contract.

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

If the consumer exercises his right of withdrawal, he will notify the entrepreneur within the cooling-off period using the model withdrawal form or in another unambiguous way.
As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or he hands it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories if reasonably possible in the original condition and packaging, and according to the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not need to bear the cost of returning the product.
If the consumer withdraws after having explicitly requested that the performance of the service or the supply of gas, water, electricity, or district heating commence during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance of the commitment.
The consumer does not bear any cost for the performance of services or the supply of water, gas, electricity that are not ready for sale in a limited volume or quantity, or to the supply of district heating, if:
1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form, or;
2. the consumer has not explicitly requested the start of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
1. he has not expressly agreed to the commencement of the contract before the end of the cooling-off period;
2. he has not acknowledged losing his right of withdrawal when giving his consent; or
3. the entrepreneur has failed to confirm this statement from the consumer.
4. If the consumer makes use of his right of withdrawal, all additional agreements shall be terminated by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send an acknowledgement of receipt of this notification immediately after receiving it.
The entrepreneur reimburses 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 entrepreneur offers to collect the product himself, he may wait with reimbursing until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
The entrepreneur uses the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services 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 contract:
1. Products or services whose prices are 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 defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or gets the opportunity to be present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service contracts, after full performance of the service, but only if the performance has begun with the express prior consent of the consumer and the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
Package tours as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
Service contracts for the provision of accommodation, if a specific date or period of performance is provided in the contract and other than for residential purposes, goods transport, car rental services, and catering;
Contracts with respect to leisure activities, if a specific date or period of performance is provided in these contracts;
Products manufactured according to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery by their nature;
Alcoholic beverages the price of which was agreed upon at the conclusion of the sales contract, but which can only be delivered 30 days later, and whose actual value is dependent on fluctuations in the market which the entrepreneur has no influence over;
Sealed audio, video recordings, and computer software, whose seal was broken after delivery;
Newspapers, magazines, or magazines, with the exception of subscriptions to them;
The provision of digital content other than on a tangible medium, but only if:
1. the performance has begun with the consumer's prior express consent; and
2. the consumer has acknowledged that he thereby loses his right of withdrawal.

Article 11 - The price

During the validity period mentioned in the offer, the prices of the offered products and/or services shall not be increased, subject to price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can 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. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
1. they are the result of statutory regulations or provisions; or
2. the consumer has the right to terminate the contract with effect from the day on which the price increase starts.
The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and extra guarantees

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra guarantee offered by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur has failed to fulfill his part of the contract.
An extra guarantee is understood to mean any obligation by the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally required to do in case he fails to fulfill his part of the contract.

Article 13 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and in the execution of product orders and in assessing applications for the provision of services.
As the place of delivery, the address that the consumer has made known to the entrepreneur is considered.
With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at least within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will receive notification of this no later than 30 days after he placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer paid promptly.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur announced representative, unless explicitly agreed otherwise.

Article 14 - Duration transactions: duration, termination, and extension

Cancellation:

The consumer can at all times terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of at most one month.
The consumer can at any time terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (electricity included) or services at the end of the definite period, subject to the agreed termination rules and a notice period of at most one month.
The consumer can the agreements mentioned in the previous paragraphs:
1. cancel at any time and not be limited to termination at a specific time or in a specific period;
2. at least cancel in the same way as they are entered into by him;
3. always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be automatically extended for a fixed period of a maximum of three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of at most one month. The notice period is at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular introduction of daily newspapers, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and will end automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts to be paid by the consumer must be settled within 14 days after the cooling off period, or in the absence of a cooling off period within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never obligate the consumer to pay more than 50% in advance. When prepayment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s), before the stipulated prepayment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not meet his payment obligation(s) in time, this after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to meet his payment obligations, after failing to pay within this 14-days period, the consumer owes statutory interest on the amount due and the entrepreneur is entitled to charge the consumer for the extrajudicial collection costs. These collection costs amount to no more than: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40. The entrepreneur can benefit the consumer by deviating from the stated amounts and percentages.

Article 16 - Complaints procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
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 respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
The consumer should give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute that is subject to the dispute resolution procedure arises.

Article 17 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 18 - Additional or differing provisions

Additional or different provisions 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.