General Terms and Conditions
**Article 1 – Definitions**
In these terms, the following definitions apply:
**Reflection period**: the period during which the consumer can exercise the right of withdrawal;
**Consumer**: a natural person who does not act within the exercise of a profession or business and concludes a distance contract with the entrepreneur;
**Day**: calendar day;
**Long-term contract**: a distance contract concerning a series of products and/or services, the delivery and/or receipt of which is spread over time;
**Durable data carrier**: any medium that enables the consumer or entrepreneur to store information addressed to them in a way that allows future reference and unaltered reproduction of the stored information.
**Right of withdrawal**: the consumer's option to withdraw from the distance contract within the reflection period;
**Entrepreneur**: a natural or legal person who offers products and/or services at a distance to consumers;
**Distance contract**: a contract concluded within an organized system of distance selling of products and/or services by the entrepreneur, in which one or more distance communication techniques are used exclusively to conclude the contract;
**Distance communication technique**: a means that can be used to conclude a contract without the need for the consumer and entrepreneur to meet at the same time and place.
**General terms and conditions**: these General Terms and Conditions of the Entrepreneur.
**Article 2 – Identity of the entrepreneur**
Company name: Novy Style
Phone: +48732223177
Trade name: B&L E-COMMERCE
VAT number: NL859724554B01
Customer service e-mail: info@novystyle,com
Registered office address: Veilingstraat 7, 7545 LZ Enschede
**Article 3 – Application**
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order between the entrepreneur and the 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 concluding the distance contract, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises, and at the consumer's request, they will be sent promptly free of charge.
If the distance contract is concluded electronically, contrary to the previous sentence and before its conclusion, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they can easily store it on a durable data carrier. If this is not reasonably possible, before concluding the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
If specific terms regarding products or services also apply alongside these general terms and conditions, paragraphs two and three apply accordingly, and the consumer may always invoke the applicable clause that is most favorable to them in case of conflicting general terms.
If one or more clauses of these general terms and conditions are at any time wholly or partially invalid or annulled, the contract and these terms shall remain in effect, and the clause in question shall be promptly replaced by mutual agreement with a clause that most closely approximates the original.
Situations not regulated in these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more clauses of our terms and conditions should be interpreted "in the spirit" of these general terms and conditions.
**Article 4 – Offer**
If the offer has a limited validity period or is subject to conditions, this will be clearly indicated in the offer.
The offer is non-binding. The entrepreneur has the right to change and adjust the offer.
The offer contains a full and accurate description of the offered products and/or services. The description is detailed enough for the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a faithful representation of the offered products and/or services. Visible errors or mistakes in the offer do not bind the entrepreneur.
All images and specification data in the offer are indicative and cannot be the basis for compensation or contract termination.
Product images are a faithful representation of the offered products. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:
the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use a special system for postal and courier services regarding imports. This system applies when goods are imported into the destination country within the EU, which is also the case here. The postal and/or courier service charges VAT (alone or combined with collected clearance costs) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and what actions are necessary for this;
the application of the right of withdrawal from the contract;
method of payment, delivery, and contract execution;
the deadline for accepting the offer or the period during which the entrepreneur guarantees the price;
the amount of the rate for distance communication, if the costs of using distance communication technology are calculated on a basis other than the standard rate for the communication medium used;
whether the contract is archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the data provided to them under the contract and correct it if necessary;
any other languages in which, besides Dutch, the contract may be concluded;
codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
minimal duration of the distance contract in the case of a long-term contract.
Optional: available sizes, colors, types of materials.
**Article 5 – Contract**
The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the related conditions.
If the consumer accepted the offer electronically, the entrepreneur immediately confirms electronically the receipt of the acceptance of the offer. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer may withdraw from the contract.
If the contract
was concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the transmission of electronic data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur also takes appropriate security measures.
The entrepreneur may – within legal limits – obtain information about the consumer's ability to meet their payment obligations, as well as facts and factors relevant to the reasonable conclusion of a distance contract. If the entrepreneur, based on this assessment, has justified reasons to refuse to conclude the contract, they are entitled to refuse the order or request detailed conditions applicable to the delivery.
The entrepreneur provides the consumer with the following information subject to paragraph 1:
address of the entrepreneur's registered office to which the consumer can send complaints;
possibilities of returning goods, if applicable;
information regarding warranty and existing after-sales services;
price, excluding delivery costs;
method of payment, delivery, and contract execution;
delivery time of goods;
if applicable, shipping cost;
information about the right of withdrawal from the contract.
The contract is concluded in Dutch.
**Article 6 – Right of withdrawal from the contract**
The consumer may withdraw from the contract without giving any reason within 14 days. The reflection period begins on the day the consumer, or a third party other than the carrier and indicated by the consumer, receives the product.
In the case of a long-term contract, the withdrawal period ends 14 days after the last delivery of the goods.
To exercise the right of withdrawal, the consumer must inform the entrepreneur in a clear statement (e.g., letter, e-mail, fax) of their decision to withdraw from the contract. The consumer may use the model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the consumer to send a communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
**Article 7 – Obligations of the consumer in case of withdrawal from the contract**
In the event of withdrawal from the contract by the consumer, they are obliged to return the goods to the entrepreneur no later than 14 days from the day they informed the entrepreneur of the withdrawal. The consumer returns the goods in the original packaging, if possible, and includes all accessories and documents (including the withdrawal form). The cost of returning the goods is borne by the consumer.
The consumer is responsible for the value of the goods resulting from using the goods in a way that was not necessary to establish the nature, characteristics, and functioning of the goods.
**Article 8 – Obligations of the entrepreneur in case of withdrawal from the contract**
The entrepreneur is obliged to promptly refund all payments made by the consumer, including delivery costs, in the event of withdrawal from the contract. The refund shall be made no later than 14 days from the day the entrepreneur was informed of the consumer's decision to withdraw from the contract.
The entrepreneur may wait to refund the payment until they have received the returned goods or the consumer has proven that they have returned the goods, whichever occurs first.
The entrepreneur shall refund payments using the same payment method that the consumer used for the original transaction, unless the consumer has expressly agreed to a different payment method. The consumer bears no additional costs for this refund.
**Article 9 – Exclusion of the right to withdraw from the contract**
The entrepreneur may exclude the right to withdraw from the contract in relation to the following products:
products that have been made to the consumer's specifications;
products that spoil quickly or have a limited shelf life;
products whose price depends on fluctuations in the financial market;
product packaging that has been opened by the consumer;
a product that cannot be returned for health and hygiene reasons if it has been opened by the consumer;
products that cannot be returned due to their nature.
Additional special customs clearance and/or import duty costs are not included in the price and are borne by the customer.
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**Article 10 – Compliance and Warranty**
The entrepreneur ensures that the products and/or services comply with the contract, the specifications provided in the offer, reasonable quality and/or suitability requirements, and the legal and/or government regulations in force on the date of contract conclusion. If agreed, the entrepreneur also ensures that the product is suitable for uses other than normal use.
The warranty granted by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Product returns should be made in the original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is not 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 repaired and/or modified the delivered products themselves or commissioned their repair and/or modification by third parties;
- The delivered products were exposed to unusual conditions or were otherwise improperly handled or used contrary to the entrepreneur’s and/or packaging instructions;
- The defect is wholly or partly the result of government regulations regarding the type or quality of materials used.
**Article 11 – Delivery and Fulfillment**
The entrepreneur will exercise the greatest care in receiving and fulfilling product orders. The place of delivery is the address provided by the consumer.
Subject to the provisions contained in Article 4 of these general terms and conditions, the entrepreneur will fulfill accepted orders within reasonable timeframes, but no later than 30 days, unless the consumer has agreed to a longer delivery period. In case of delivery delay or if the order cannot be fulfilled in whole or in part, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract without incurring costs and to possible compensation.
In the event of contract termination in accordance with the previous paragraph, the entrepreneur will refund the consumer the amount paid, promptly, but no later than 14 days after termination.
If the delivery of the ordered product proves impossible, the entrepreneur will make efforts to provide a substitute product. At the latest upon delivery, it will be clearly and understandably communicated that a substitute product is being delivered. The right to withdraw from the contract cannot be excluded for substitute products. Any return costs are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until they are delivered to the consumer or a previously designated representative, unless otherwise agreed.
**Article 12 – Long-term transactions: duration, termination, and extension**
**Termination**
The consumer may terminate an indefinite-term contract concerning the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract concerning the regular delivery of products (including electricity) or services at any time, no later than at the end of the specified term, observing the agreed termination rules and a maximum notice period of one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
- at any time and may not be limited to termination at a specific time or within a given period;
- at least in the same way as they were concluded;
- always with the same notice period that the entrepreneur has set for themselves.
**Extension**
A fixed-term contract concerning the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
Unlike the previous paragraph, a fixed-term contract concerning the regular delivery of newspapers, news, and magazines may be automatically extended for a maximum of three months if the consumer can terminate this extended contract before the end of the extension, with a maximum notice period of one month.
A fixed-term contract concerning the regular delivery of products or services may be automatically extended for an indefinite period only if the consumer can terminate it at any time with a maximum notice period of one month, and with a maximum notice period of three months in the case of a contract concerning the regular delivery of newspapers, news, and magazines less than once a month.
A contract for a limited time for the regular delivery of newspapers, news, and magazines (trial or introductory subscription) is not automatically renewed and ends after the trial or introductory period expires.
**Duration**
If the contract duration is longer than one year, the consumer may terminate the contract at any time after one year, with a maximum notice period of one month, unless reasonableness and fairness argue against termination before the end of the agreed period.
**Article 13 – Payment**
Unless otherwise agreed, amounts due from the consumer must be paid within 7 working days from the start of the withdrawal period as specified in Article 6, paragraph 1. In the case of a service contract, this period starts after the consumer receives confirmation of the contract.
The consumer is obliged to immediately report to the entrepreneur any irregularities in the provided or indicated payment data.
In case of delayed payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge reasonable costs previously notified to the consumer.
**Article 14 – Complaint Procedure**
Complaints regarding contract performance must be submitted to the entrepreneur within 7 days, clearly and precisely describing the problem, after the consumer notices defects.
Complaints submitted to the entrepreneur will be processed within 14 days of receipt. If the complaint is expected to require a longer processing time, the entrepreneur will respond within 14 days, confirming receipt of the complaint and indicating when the consumer can expect a more detailed response.
If the complaint cannot be resolved through negotiation, a dispute arises subject to dispute resolution procedures.
The complaint does not suspend the entrepreneur's obligations unless the entrepreneur explicitly states otherwise in writing.
If the complaint is deemed justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products without
for a fee.
**Article 15 – Disputes**
Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies when the consumer resides abroad.
**Article 16 – CESOP**
Due to the introduction in 2024 of stricter regulations regarding the "Amendment to the Act on Goods and Services Tax 1968 (Act on the Implementation of the Directive on Payment Service Providers)" and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.