Terms and Conditions of use

Nomi by Naomi’s terms and conditions are based on the terms and conditions that have been drawn up by the Dutch Homeshopping Organisation together with the Dutch Consumer Association.

Table of contents:
Article 1 – Definitions
Article 2 – Identity entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of retraction
Article 7 – Charges in case of retraction
Article 8 – Exclusions to the retraction rights
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and handling
Article 12 – Long-term transactions
Article 13 – Payment
Article 14 – Handling of complaints
Article 15 – Conflicts
Article 16 – Complementary or deviant terms and conditions

Article 1 – Definitions
In these terms and conditions, we mean by:
1. Entrepreneur: the natural or legal entity which offers products or services to customers at a distance;
2. Consumer: the natural entity who, neither in a professional or an entrepreneurial capacity, enters in an agreement with the entrepreneur;
3. Agreement at a distance: an agreement whereby, within the framework of a system organised by the entrepreneur for the sale at a distance of products and/or services, until after the finalising of the agreement, only one or more technologies for telecommunication are used;
4. Technology for telecommunication: means that may be used for the entering of an agreement without the entrepreneur and the consumer ever occupying the same space;
5. Reconsideration time: period in which the consumer may use his/her retraction rights
. 6. Retraction rights: the possibilty for the consumer to rescind from the agreement within the reconsideration time.
7. Day: calender day;
8. Long-term transactions: an agreement at a distance with regard to a series of products and/or services of which the obligation to supply and or purchase is spread over time;
9. Device for long-lasting data storage: all means which enable the consumer or the entrepreneur to store information which was addressed to him personally in a way that makes the future consultation and unaltered reproduction of the stored data possible.

Article 2 – Identity of the entrepreneur
Nomi by Naomi
Adres:
Eerste van Swindenstraat 20H
1093EG Amsterdam
+31 687328805 (between 9 AM and 5 PM Dutch time)
Email address: info@nomibynaomi .com/nl
Chamber of Commerce number: 34309221
VAT-identification number: N070.49.8672.B.02

Article 3 – Applicability
1. These terms and conditions apply to all offers by the entrepreneur and to each agreement entered in at a distance by the entrepreneur and the consumer.
2. Before the agreement at a distance is entered into, the customer will be provided with the text of these terms and conditions. If for some valid reason, this is not possible, before the agreement at a distance is entered into, the customer will be made aware of the possiblity to view the terms and conditions on the entrepreneur’s premises and that they, at the customers request, will be sent to the customer as soon as possible and free of charge.
3. If the agreement at a distance is entered into electronically, the text of these terms and conditions may, in contravention of the previous paragraph and before the agreement at a distance is finalized, be provided to the customer by electronic means in a manner that will allow the consumer to store it easily on a device for long-lasting data storage. If for some valid reason this is not possible, the entrepreneur will, before the agreement at a distance is entered into, notify the consumer where he/she can view the terms and conditions electronically and that they, at the consumers request, will be sent to the consumer, electronically or otherwise, and free of charge.
4. If in addition to these terms and conditions, specific product or services terms or conditions are applicable as well, are the second and third paragraphs equally applicable. In case these two different terms and conditions contradict each other, the customer can always claim the applicable text which is most advantageous for him/her.

Article 4 – The offer
1. If an offer has a limited validity timewise, or is only valid under specific conditions, this will be mentioned specifically in the offer.
2. The offer contains a complete and precise description of the products and/or services on offer. The description is detailed to the extent that the comsumer is able to come to an informed judgement. If the entrepreneur uses pictures, these will be a truthful reproduction of the products and/or services on offer. Obvious errors or obvious mistakes in the offer do not commit the entrepreneur.
3. Each offer contains all necessary information to make clear to the customer what his/her rights and obligations are in connection to accepting the offer, in particular with respect to:
– the price, including taxes;
– the delivery charges, if any;
– the way in which the agreement will be entered into and which actions are needed for this purpose;
– whether or not the retraction rights apply;
– the manner of payment, delivery and handling of the agreement;
– the time limit for accepting the offer, or the period of time that the entrepreneur guarantees the price;
– the charges for telecommunication, if the costs of the technology used differ from the regular basic tariff for the technology used;
– whether the finalised agreement is stored in the archives, and if so, how the consumer may gain entry to it;
– the way in which the consumer, before the agreement is finalised, may check and, if so desired, correct the data he/she has provided in connection with the agreement;
– the languages, if any, next to Dutch, in which the agreement may be entered into;
– the code of behaviour to which the entrepreneur has subjected himself and the way in which the customer can consult this code electronically;
– the minimum validity time of the agreement in case of a long- term transaction.

Article 5 – The agreement
1. The agreement is finalised, on condition of that which is stated in paragraph 4, at the moment the consumer accepts the offer and the terms and conditions for finalising the agreement have been met.
2. If the consumer has accepted the offer electronically, the entrepreneur will electronically confirm the receipt of the offer acceptance without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is enterend into electronially, the entrepreneur will take fitting technical and organisational measures to ensure safe data transfer and a safe web environment. If the consumer is able to pay electronically, the entrepreneur will observe fitting safety measures.
4. The entrepreneur may within legal limits acquaint himself with the ability of the consumer to meet his payment obligations, as well as with those facts and factors which are important for entering into an agreement at a distance responsibly. If the entrepreneur, on the basis of his enquiries, has valid reasons for not entering into the agreement, he has the right to refuse an order or a request, or pose specific conditions on the handling of them.
5. The entrepreneur will, together with the product or service, send the consumer the following information, either on paper or in such a way that the consumer can easily store it on a device for long-lasting data storage:
a. the visiting address of the premises of the entrepreneur where the customer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of his/her retraction rights, or can clearly make mention of the fact that he/she has been barred from utilising this right;
c. the information regarding guarantees and existing service after the purchase;
d. the data in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data before the handling of the agreement;
e. the requirements for ending the agreement, if the agreement lasts longer than one year or has no specified validity period.
6. In case of a long-term transaction, the specified in the previous paragraph only applies to the first delivery.

Article 6 – Right of retraction
When delivering products:
1. After purchasing a product, the consumer has the possiblity to dissolve the agreement without stating his/her reasons for a period of 14 days. This reconsideration time starts on the day after the product has been received either by the consumer or by a representative of the consumer who has beforehand been appointed by the consumer and made known to the entrepreneur.
2. During the reconsideration time the consumer will handle the product and its packing with care. He/she will only unpack the product to the extent necessary to judge whether he/she wishes to keep the product. If the consumer makes use of his/her retraction rights, he/she will return the product to the entrepreneur complete with all its appurtenances and if possible in its original state and packing, conforming to the reasonable and clear instructions provided by the entrepreneur.
When delivering services;
3. At the delivery of services, the consumer has the possiblility to dissolve the agreement without stating his/her reasons for a period of at least 14 days, starting on the day after the agreement has been entered into.
4. To make use of his/her retraction rights, the consumer will follow the pertinent reasonable and clear instructions which the entrepreneur has provided together with the offer, or at the latest, with the delivery.

Article 7 – Charges in case of retraction
1. If the consumer makes use of his/her retraction rights, at the most, the costs of returning the product will have to be borne by him/her.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return of the product or retraction of the service.

Aricle 8 – Exclusions to the retraction rights
1. The entrepreneur can exclude the consumer from retraction rights under the conditions in paragraphs 1 and 2. The exclusion from the retraction rights is only valid if the entrepreneur has mentioned this clearly in the offer, or at least in a timely fashion before the agreement was entered into.
2. Exclusion of retraction rights is only possible for products:
a. that have been brought about according to the consumers specifications;
b. that are clearly of a personal nature;
c. that by their nature cannot be sent back;
d. that can quickly spoil or age;
e. of which the price is connected to fluctuations on the financial markets outside of the entrepreneur’s area of influence;

Article 9 – The price
1. During the validity period mentioned in the offer, the prices of the products and services on offer will not be increased, except for price changes that are the result of changes in VAT-tariffs.
2. Contrary to the previous paragraph, the entrepreneur may offer variable prices for products of which the price is connected to fluctuations on the financial markets outside of the entrepreneur’s area of influence. This connection to those fluctuations, and the fact that the mentioned prices may be basic/pilot prices, will be stated in the offer.
3. Price increases within 3 months of the finalising of the agreement are only permissable if they are the result of legal measures or regulations.
4. Price increases following 3 months after the finalising of the agreement are only permissible if the entrepreneur has stipulated them and if:
a. they are the result of legal measures or regulations; or
b. the consumer has the right to annul the agreement on the day the price increase comes into effect.
5. The prices for products and services stated in the offer include VAT.

Article 10 – Conformity and guarantee
1. The entrepreneur guarantees that the products and/or services are in compliance with the agreement, the specifications stated in the offer, reasonable standards of good quality and serviceability, and the valid legal precepts and or governmental regulations in existence on the day the agreement was finalised. If so agreed, the entrepreneur will also guarantee that the product is suitable for uses other than the normal one.
2. A guarantee issued by the entrepreneur, manufacturer or importer does not detract from the legal right and claims the consumer may assert with the entrepreneur on the basis of the agreement.

Article 11 – Delivery and handling
1. The entrepreneur will act with the utmost care in receiving and handling orders for products, and in judging requests for performing services.
2. The address that the consumer has provided to the company will be regarded as the delivery address.
3. Observing that which has been stated in article 4 of these terms and conditions, the company will handle accepted orders in a timely fashion, but at the latest within 30 days, unless a longer delivery time has been agreed upon. If the delivery undergoes a delay, or if an order can be only partly delivered, the consumer will be appraised of this at the latest within 30 days after he/she has placed his/her order. In that case, the consumer has the right to annul the agreement free of charge, and, in the event of damage suffered, to compensation.
4. In case of annulment, as per the previous paragraph, the entrepreneur will return the amount the consumer paid as soon as possible, but at the latest within 30 days after annulment.
5. If the delivery of an ordered product turns out to be impossible, the entrepreneur will try to supply a replacement product. At the latest at delivery, it will be clearly and comprehensiblly stated that a replacement product is being delivered. In case of a replacement product, the entrepreneur may not exclude the consumer from his retraction rights. In case a replacement product is returned, the returning costs are for the enterpreneur.
6. The risk of damage to and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or to a representative of the consumer who has beforehand been appointed by the consumer and made known to the entrepreneur, unless the parties have expressly agreed otherwise.

Article 12 – Long-term transactions
1. The consumer can at all times annul an agreement which had been entered into for an unspecified period of time, with due observance of the annulment procedure agreed upon and a term of notice of at most a month.
2. An agreement that has been entered into for an unspecified period of time has a currency of at most two years. If the parties have agreed on a silent extension of the agreement at a distance, the agreement will be continued as an agreement for an unspecified period of time. The term of notice after the extension of the agreement will be at most one month.

Article 13 – Payment
1. The amounts owed by the consumer have to be paid preceeding delivery of the goods, unless the parties have agreed otherwise.
2. The comsumer is obliged to report any inaccuracies in the payment data he/she supplied to the entrepreneur without delay.
3. In case of default of payment by the consumer, the entrepreneur will have the right to charge the reasonable costs of which he appraised the consumer beforehand, barring legal limitations.

Article 14 – Handling of complaints
1. The entrepreneur has at his disposal a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the handling of the agreement have to be lodged with the entrepreneur within a reasonable time and clearly defined, after the consumer has ascertained the defects.
3. The entrepreneur will answer complaints lodged with him within 14 days from the day the complaint was received. If a complaint demands a forseeably longer reaction time, the entrepreneur will answer within 14 days with a notice of receipt and an indication when the consumer may expect a more extensive answer.
4. If the complaint cannot be resolved agreeably to both parties, it results in a conflct which is subject to conflict solving procedures.
Article 15 – Conflicts
1. All agreements between entrepreneur and consumer with regards to these terms and conditions are subject to Dutch law only.

Article 16 – Complementary or deviant terms and conditions
Terms and conditions complementary to or deviant from these terms and conditions may not be to the disadvantage of the consumer and have to be recorded in writing, or in such a way that the consumer can easily record them on a long-lasting data storage device.