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Terms and Conditions | NOVI Gadgets B.V.

Terms and Conditions

These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

NOVI Gadgets B.V.

Kazemat 11
3905 NR Veenendaal
The Netherlands

Contact

+31 644 897 420
Available on working days from 10:00 to 17:00
info@novi-wholesale.com

Company registration

Chamber of Commerce: 59806222
VAT: NL853651243B01

1. Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

Cooling-off periodThe period within which the consumer may exercise their right of withdrawal.
ConsumerThe natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
DayA calendar day.
Long-term transactionA distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable mediumAny means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawalThe consumer’s option to withdraw from the distance contract within the cooling-off period.
Model formThe model withdrawal form made available by the entrepreneur, which the consumer may complete when they wish to exercise their right of withdrawal.
EntrepreneurThe natural or legal person who offers products and/or services to consumers at a distance.
Distance contractA contract concluded within the framework of an organised system for the distance sale 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.
Means of distance communicationA means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same room.
Terms and ConditionsThese Terms and Conditions of the entrepreneur.

2. Identity of the Entrepreneur

NOVI Gadgets B.V.
Kazemat 11, 3905 NR, Veenendaal, The Netherlands

Telephone: +31 644 897 420
Available on working days from 10:00 to 17:00

Email: info@novi-wholesale.com

Chamber of Commerce: 59806222
VAT: NL853651243B01

3. Applicability

These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate before the distance contract is concluded that the Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these Terms and Conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is reasonably not possible, the entrepreneur will indicate before the distance contract is concluded where the Terms and Conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

If, in addition to these Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly. In the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these Terms and Conditions will otherwise remain in force. The relevant provision will then be replaced without delay by mutual agreement with a provision that approaches the purpose of the original provision as closely as possible.

Situations not covered by these Terms and Conditions must be assessed in accordance with the spirit of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions must be interpreted in accordance with the spirit of these Terms and Conditions.

4. The Offer

If an offer has a limited validity period or is subject to conditions, this will be expressly 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 allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:

  • the price including taxes;
  • any shipping costs;
  • the way in which the agreement will be concluded and which actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and performance of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used;
  • whether the agreement will be archived after conclusion and, if so, how the consumer can consult it;
  • the way in which the consumer can check and, if desired, correct the information they have provided under the agreement before concluding the agreement;
  • any other languages in which, in addition to Dutch, the agreement may be concluded;
  • the codes of conduct to which the entrepreneur has committed and the way in which the consumer can consult these codes electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colours and types of materials.

5. The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will promptly 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 may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal limits, obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, the entrepreneur is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.

The entrepreneur will provide the consumer with the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  • the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
  • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information about warranties and after-sales service;
  • the information included in Article 4 paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

6. Right of Withdrawal

Delivery of products

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product to the entrepreneur with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must do this using the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Delivery of services

When services are supplied, the consumer has the option to dissolve the agreement without giving reasons for a period of at least 14 days, starting on the day the agreement is entered into.

To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

7. Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the consumer will bear no more than the costs of returning the goods.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in the product’s value.

The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

8. Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that have been created by the entrepreneur in accordance with the consumer’s specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can spoil or age quickly;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software where the consumer has broken the seal;
  • for hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
  • where delivery has started with the consumer’s express consent before the cooling-off period has expired;
  • relating to betting and lotteries.

9. The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services at variable prices if the prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • they result from statutory regulations or provisions; or
  • the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

10. Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
  • the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

11. Delivery and Performance

The entrepreneur will exercise the greatest possible care when receiving and processing product orders and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a delivery period does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

12. Long-Term Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which involves the regular delivery of products, including electricity, or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed period and which involves the regular delivery of products, including electricity, or services at any time by the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

  • at any time and may not be restricted to termination at a specific time or during a specific period;
  • at least in the same manner as they were entered into by the consumer;
  • always with the same notice period as the entrepreneur has stipulated for itself.

Renewal

An agreement entered into for a fixed period and which involves the regular delivery of products, including electricity, or services may not be tacitly renewed or extended for a fixed period.

Contrary to the previous paragraph, an agreement entered into for a fixed period and which involves the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer can terminate this renewed agreement by the end of the renewal with a notice period of no more than one month.

An agreement entered into for a fixed period and which involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement involves the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.

An agreement of limited duration for the regular trial or introductory delivery of daily, news and weekly newspapers and magazines will not be tacitly continued and will automatically end 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 after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

13. Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has a duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

14. Complaints Procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In the event of complaints, a consumer must first contact the entrepreneur. If the online shop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur via webwinkelkeur.nl, which will mediate free of charge. Check whether this online shop has an active membership via https://www.webwinkelkeur.nl/leden/. If no solution is reached, the consumer has the option to have the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform at http://ec.europa.eu/odr.

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, at its discretion, replace or repair the delivered products free of charge.

15. Disputes

Agreements between the entrepreneur and the consumer to which these Terms and Conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

16. Additional or Deviating Provisions

Additional provisions or provisions deviating from these Terms and Conditions may not be to the detriment of the consumer 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.
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