Terms and Conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

Cooling-off period: The period during which the consumer may exercise their right of withdrawal.
Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Duration Transaction: A distance contract related to a series of products and/or services, where the delivery and/or performance obligation is spread over time.
Durable Data Carrier: Any means that allows the consumer or entrepreneur to store information that is personally addressed to them in a way that enables future consultation and unchanged reproduction of the stored information.
Right of Withdrawal: The ability for the consumer to cancel the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers.
Distance Contract: A contract where, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, communication is made exclusively by one or more distance communication techniques up to and including the conclusion of the contract.
Distance Communication Technique: A means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

NO.65
Westersingel 50B, 3014GV 50
Email: info@no-65.com
Chamber of Commerce number: 93339127
VAT identification number: NL005014503B57

Article 3 – Applicability

These general terms and conditions apply to every offer made by 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, deviation from the previous paragraph is allowed. The text of these general terms and conditions may be made available to the consumer electronically in a way that allows them to be stored on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request.

In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. The consumer may always rely on the most favorable provision in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these terms and conditions will remain in effect, and the provision in question will be amended in mutual consultation to reflect the original intent as closely as possible.

Situations not covered by these general terms and conditions should be assessed in accordance with the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be explained in accordance with the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to amend or adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the contract.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This includes, in particular:

The price including taxes;
Any shipping costs;
The method by which the contract will be concluded and the actions required;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and performance of the contract;
The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
The level of any communication costs if the costs of using the distance communication technique are calculated on a basis other than the regular base rate for the communication medium used;
Whether or not the contract will be archived after its conclusion, and if so, how it can be accessed by the consumer;
The way the consumer can check and, if desired, correct the information provided by them in the context of the contract before the conclusion of the contract;
Any other languages in which, in addition to Dutch, the contract can be concluded;
The way in which the consumer can consult these codes of conduct electronically;
The minimum duration of the distance contract in the case of a duration transaction.

Optionally: available sizes, colors, types of materials.

Article 5 – The Contract

The contract is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein, subject to the provisions of paragraph 4.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer may dissolve the contract.

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

The entrepreneur may, within legal frameworks, obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons to refuse the contract based on this investigation, they are entitled to refuse an order or request with reasons or attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information, either in writing or in a way that allows the consumer to store it on a durable data carrier:

The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
Information on warranties and existing after-sales service;
The details included in Article 4(3) of these terms and conditions, unless these details have already been provided to the consumer before the conclusion of the contract;
The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

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

Every contract is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without providing any reasons within 14 days. This cooling-off period begins on the day after the consumer or a representative designated by them who is known to the entrepreneur receives the product.

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

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The notification must be made in writing or via email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the products have been returned in time, for example, by providing proof of shipment.

If the consumer does not notify their intention to use the right of withdrawal or return the product after the deadlines mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer uses the right of withdrawal, the costs of returning the products are borne by the consumer.

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, provided that the product has already been received by the retailer or proof of complete return can be provided.

Article 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 is only valid if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the contract.

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

That have been made by the entrepreneur according to consumer specifications;
That are clearly of a personal nature;
That, by their nature, cannot be returned;
That may spoil or age rapidly;
Whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
For single newspapers and magazines;
For audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 – The Price

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

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, with variable prices. The offer will state the price range.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, and the reasonable requirements of soundness and/or usability. The entrepreneur is not liable for defects or discrepancies resulting from the consumer’s incorrect handling or use of the products.

Article 11 – Delivery and Performance

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address provided by the consumer to the entrepreneur.

Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed or if an order cannot be executed or only 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 contract without any costs.

In the case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay, but no later than 14 days after dissolution.

Article 12 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days of concluding the contract. The consumer has the duty to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.

In the case of non-payment by the consumer, the entrepreneur has the right to charge reasonable collection costs.

Article 13 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and will handle the complaint according to this procedure.

Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires more time for processing, the entrepreneur will respond within 14 days with a notification of receipt and an indication of when the consumer can expect a more detailed response.

Article 14 – Dispute Resolution

Disputes between the entrepreneur and the consumer regarding the contract can be submitted to the Dutch court.

Article 15 – Governing Law

Dutch law applies to these terms and conditions and any disputes arising from the contract.