Terms and conditions

Contents

Article 1 - Definitions
Article 2 - Trader identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - Price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Continuing transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or differing provisions
Article 17 - Reviews

Article 1 - Definitions
In these terms, the following definitions apply:
1. Cooling-off period: the period in which the consumer may exercise the right of withdrawal; read all about the cooling-off period.
2. Consumer: a natural person not acting in a professional or business capacity who enters into a distance agreement with the trader.
3. Day: calendar day.
4. Continuing transaction: a distance agreement concerning a series of products and/or services, with supply and/or purchase obligations spread over time.
5. Durable medium: any means allowing the consumer or trader to store information personally addressed to them for future reference and unchanged reproduction.
6. Right of withdrawal: the consumer's option to withdraw from a distance agreement during the cooling-off period.
7. Model form: the withdrawal form made available by the trader for the consumer to complete when exercising the right of withdrawal.
8. Trader: a natural or legal person offering products and/or services to consumers at a distance.
9. Distance agreement: an agreement concluded within a system organised by the trader for distance sales of products and/or services, exclusively using one or more means of distance communication up to and including its conclusion.
10. Means of distance communication: a means of concluding an agreement without consumer and trader being in the same place simultaneously.
11. General terms and conditions: these terms and conditions of the trader.

Article 2 - Trader identity
NAMTURE
E info@namture.com
Chamber of Commerce 77723929
VAT number NL861110250B01
Address (not a visiting address):
Groenling 31
3853DT Ermelo

Article 3 - Applicability
1. These terms apply to every offer by the trader and every distance agreement and order between trader and consumer.
2. Before the agreement is concluded, these terms are made available to the consumer. If this is not reasonably possible, the consumer is informed beforehand that they can inspect the terms at the trader's premises and receive them free of charge on request as soon as possible.
3. For an electronic agreement, notwithstanding the previous paragraph, the terms may be provided electronically before conclusion in a form the consumer can easily store on a durable medium. If this is not reasonably possible, the consumer is told where they can consult them electronically and that they will be sent free of charge electronically or otherwise on request.
4. If specific product or service terms also apply, paragraphs 2 and 3 apply accordingly. Where terms conflict, the consumer may rely on the applicable provision most favourable to them.
5. If one or more provisions become wholly or partly void or are annulled, the remaining agreement and terms continue in force. The provision will promptly be replaced by mutual agreement with one that approximates its original intent as closely as possible.
6. Situations not covered by these terms must be assessed in their spirit.
7. Uncertainty about the interpretation or content of one or more provisions must be interpreted in the spirit of these terms.

Article 4 - The offer
1. Any limited validity period or conditions of an offer are expressly stated.
2. Offers are non-binding. The trader may change or amend them.
3. Offers contain a complete and accurate description of the products and/or services, sufficiently detailed to allow proper assessment. Images used faithfully represent the products and/or services. Obvious mistakes or errors do not bind the trader.
4. All images, specifications and details in an offer are indicative and cannot give rise to compensation or termination.
5. Product images faithfully represent the products offered. The trader cannot guarantee that displayed colours exactly match actual product colours.
6. Every offer clearly states the rights and obligations attached to acceptance, particularly: the price including taxes and any shipping costs; how the agreement is concluded and the necessary actions; whether withdrawal rights apply; methods of payment, delivery and performance; the acceptance period or period for which the price is guaranteed; the rate for distance communication if calculated on a basis other than the usual basic rate; whether the agreement is archived and, if so, how the consumer can consult it; how the consumer can check and correct supplied data before conclusion; any languages other than Dutch in which it can be concluded; codes of conduct to which the trader subscribes and how to consult them electronically; and the minimum duration for continuing transactions.

Article 5 - The agreement
1. Subject to paragraph 4, the agreement is concluded when the consumer accepts the offer and meets its conditions.
2. For electronic acceptance, the trader promptly confirms receipt electronically. Until acceptance is confirmed, the consumer may terminate the agreement.
3. For electronic agreements, the trader takes appropriate technical and organisational measures to secure data transmission and provides a secure web environment. Appropriate security measures also apply to electronic payments.
4. Within legal limits, the trader may investigate the consumer's ability to pay and other facts relevant to responsibly entering into a distance agreement. If there are sound reasons not to proceed, the trader may refuse an order or request with reasons, or impose special conditions.
5. With the product or service, the trader sends the following in writing or in a form the consumer can accessibly store on a durable medium: the business visiting address for complaints; conditions and method for withdrawal or clear notice of exclusion; warranty and after-sales service information; the information in article 4 paragraph 3 unless already supplied before performance; and termination requirements for agreements lasting more than one year or indefinitely.
6. For continuing transactions, the previous paragraph applies only to the first delivery.
7. Every agreement is subject to the suspensive condition of sufficient product availability.

Article 6 - Right of withdrawal
For products:
1. The consumer may terminate without giving reasons within 14 days. This cooling-off period starts the day after receipt by the consumer or a representative designated beforehand and notified to the trader.
2. During this period, the consumer handles the product and packaging carefully, unpacking or using it only as needed to decide whether to keep it. On withdrawal, the product is returned with all accessories and, where reasonably possible, in its original condition and packaging, following reasonable, clear instructions from the trader.
3. The consumer must notify the trader of withdrawal within 14 days after receipt using the model form or another means such as email. The product must then be returned within 14 days of notification. The consumer must prove timely return, for example with proof of postage.
4. If the consumer has not notified withdrawal or returned the product after the periods in paragraphs 2 and 3, the purchase is final.

For services:
1. The consumer may terminate without giving reasons for at least 14 days from conclusion.
2. To withdraw, the consumer follows the reasonable, clear instructions provided with the offer and/or by delivery at the latest.

Article 7 - Costs of withdrawal
1. On withdrawal, the consumer bears no more than the return shipping costs.
2. Payments are refunded as soon as possible and no later than 14 days after withdrawal, provided the product has been received or conclusive proof of complete return is supplied. Refunds use the original payment method unless the consumer expressly agrees otherwise.
3. The consumer is liable for any reduction in value caused by their careless handling.
4. The consumer cannot be held liable for reduced value if the trader failed to provide all legally required withdrawal information before conclusion.

Article 8 - Exclusion of the right of withdrawal
1. The trader may exclude withdrawal for the products described in the following paragraphs. Exclusion applies only if clearly stated in the offer or in good time before conclusion.
2. Exclusion is possible only for products made to the consumer's specifications; clearly personal products; products that cannot be returned by their nature; products that spoil or become obsolete quickly; products priced according to financial-market fluctuations beyond the trader's control; individual newspapers and magazines; audio or video recordings and computer software whose seal the consumer has broken; and hygiene products whose seal the consumer has broken.
3. Exclusion is possible only for services relating to accommodation, transport, catering or leisure on a specified date or period; services started with the consumer's express consent before the cooling-off period ends; and betting or lotteries.

Article 9 - Price
1. During the stated validity period, prices are not increased except following changes in VAT rates.
2. Products or services linked to financial-market fluctuations beyond the trader's control may be offered at variable prices. This link and the indicative nature of any stated prices are disclosed in the offer.
3. Increases within 3 months of conclusion are permitted only if resulting from legislation or regulations.
4. Increases from 3 months after conclusion are permitted only if agreed by the trader and if required by legislation or regulations, or if the consumer may terminate from the date the increase takes effect.
5. Offered prices include VAT.
6. Prices are subject to printing and typographical errors. No liability is accepted for their consequences, and the trader is not obliged to supply at an erroneous price.

Article 10 - Conformity and warranty
1. The trader guarantees that products and/or services meet the agreement, stated specifications, reasonable requirements of soundness and/or usability, and legislation and government regulations in force on conclusion. If agreed, the trader also guarantees suitability for use other than normal use.
2. A warranty from the trader, manufacturer or importer does not affect the consumer's statutory rights and claims against the trader.
3. Defects or incorrect products must be reported in writing within 2 months of delivery. Products must be returned in original packaging and as-new condition.
4. The trader's warranty period matches the manufacturer's. The trader is never responsible for ultimate suitability for every individual application or for advice concerning use or application.
5. The warranty does not apply if the consumer or third parties have repaired or modified the products; if products have been exposed to abnormal conditions, handled carelessly or contrary to the trader's or packaging instructions; or if defects result wholly or partly from government requirements concerning the nature or quality of materials.

Article 11 - Delivery and performance
1. The trader exercises the greatest possible care when receiving and fulfilling product orders and assessing requests for services.
2. Delivery takes place at the address supplied by the consumer.
3. Subject to paragraph 4, accepted orders are fulfilled promptly and within 30 days unless the consumer agrees to a longer period. If delivery is delayed or an order cannot be fulfilled fully, the consumer is notified within 30 days of ordering and may terminate free of charge. The consumer has no right to compensation.
4. Delivery periods are indicative and confer no rights. Exceeding them does not entitle the consumer to compensation.
5. On termination under paragraph 3, payment is refunded as soon as possible and within 14 days of termination.
6. If supply is impossible, the trader seeks a replacement. By delivery at the latest, the consumer is clearly informed that a replacement is supplied. Withdrawal cannot be excluded for replacements. Return costs are borne by the trader.
7. Risk of damage or loss remains with the trader until delivery to the consumer or a previously designated representative notified to the trader, unless expressly agreed otherwise.

Article 12 - Continuing transactions: duration, termination and renewal
Termination
1. The consumer may terminate an indefinite agreement for regular supply of products, including electricity, or services at any time, subject to agreed rules and no more than one month's notice.
2. A fixed-term agreement for regular supply may be terminated at the end of its term under agreed rules and no more than one month's notice.
3. The agreements above may be terminated at any time, without restriction to a particular time or period; at least through the same method used to enter them; and with the same notice period the trader has stipulated for itself.

Renewal
1. A fixed-term agreement for regular supply of products, including electricity, or services may not be tacitly extended or renewed for a fixed term.
2. Exceptionally, fixed-term agreements for regular delivery of daily or weekly newspapers and magazines may be tacitly extended for up to three months if the consumer may terminate at the end with no more than one month's notice.
3. Fixed-term agreements for regular supply may be tacitly extended indefinitely only if the consumer may terminate at any time with no more than one month's notice, or no more than three months for newspapers and magazines supplied regularly but less than monthly.
4. Limited trial or introductory newspaper and magazine subscriptions are not tacitly continued and end automatically after the trial or introductory period.

Duration
1. If an agreement lasts more than one year, the consumer may terminate at any time after one year with no more than one month's notice, unless reasonableness and fairness oppose termination before the agreed end.

Article 13 - Payment
1. Unless otherwise agreed, amounts due must be paid within 7 working days after the cooling-off period in article 6 paragraph 1 begins. For services, this period begins after receipt of confirmation.
2. The consumer must promptly report errors in supplied or stated payment details.
3. On non-payment, subject to statutory limitations, the trader may charge reasonable costs disclosed to the consumer in advance.

Article 14 - Complaints procedure
1. The trader has an adequately publicised complaints procedure and handles complaints accordingly.
2. Complaints about performance must be submitted fully and clearly within 2 months after discovery of the defects.
3. Complaints are answered within 14 days of receipt. If a longer handling period is foreseeable, the trader acknowledges receipt within 14 days and indicates when a fuller response can be expected.
4. If mutual consultation cannot resolve the complaint, a dispute arises that is subject to dispute resolution.
5. Consumers must first contact the trader. Complaints may also be submitted through the European ODR platform (http://ec.europa.eu/odr). The online shop is currently not affiliated with a trustmark with a dispute committee.
6. A complaint does not suspend the trader's obligations unless the trader states otherwise in writing.
7. If the trader finds a complaint justified, it will replace or repair the supplied products free of charge at its discretion.

Article 15 - Disputes
1. Agreements covered by these terms are governed exclusively by Dutch law, even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or differing provisions
Additional or differing provisions may not disadvantage the consumer and must be recorded in writing or in a form the consumer can accessibly store on a durable medium.

Article 17 - Reviews
We collect reviews through WebwinkelKeur. Leaving a review requires a name and email address. WebwinkelKeur shares these details with us to link the review to your order and publishes your name on its own website. It may contact you to clarify your review. If we invite you to leave a review, we share your name and email address solely for that invitation. WebwinkelKeur has taken appropriate technical and organisational measures to protect personal data. It reserves the right to engage third parties to provide its services, and we have authorised this. All safeguards above also apply to the services for which WebwinkelKeur engages third parties.