Terms and Conditions - Atelier Noor Huige

Chapter 1 – General Provisions
1. Definitions
2. The entrepreneur
3. The Company
4. Applicability
5. Additional or different provisions
Chapter 2 – The Agreement
6. Price
7. Offer
8. Agreement
Chapter 3 – Performance of the agreement
9. Delivery
10. Payment
Chapter 4 – Conformity and Warranty
11. Conformity
12. Warranty
Chapter 5 – Termination, compensation and disputes
13. Intellectual Property
14. Right of withdrawal
15. Exclusion Right of Dissolution
16. Costs in case of dissolution
17. Complaints procedure
18. Changing the Terms and Conditions
19. Disputes

Chapter 1 – General Provisions

1. Definitions

In these general terms and conditions and the provisions based on them, the following definitions apply:

reflection period: the period in which the consumer can make use of his right of withdrawal;
consumer: the buyer, natural person who does not act in the exercise of a profession or business;
consumer purchase: the purchase with regard to movable property, including electricity, which is concluded by a seller who acts in the exercise of a profession or business and a buyer, a natural person, who does not act in the exercise of a profession or business;
day: calendar day
duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
durable data carrier: any tool that enables the consumer or the trader to store information addressed to him personally in a way that makes this information accessible for future use for a period that is adapted to the purpose for which the information is intended, and which allows unaltered representation of the stored information;
entrepreneur: the natural or legal person who acts in the context of his trade, business, craft or professional activity, whether or not also through another person acting on his behalf;
unambiguous statement: the statement from a consumer to the entrepreneur that is only open to one interpretation. The statement shall in any case contain:

name of the consumer;
(billing) address;
Postal Code;
residence;
phone number;
email address;
order number;
product to which the declaration relates.

distance contract: the contract concluded between the trader and the consumer within the framework of an organized system for distance sales or services without the simultaneous personal presence of the trader and consumer and whereby, up to and including the time of the conclusion of the contract, only one or more means of distance communication is used;

2. The entrepreneur

Entrepreneur:	Atelier Noor Huige
Located in:	Lumièrestraat 1087 JA Amsterdam Nederland
Chamber of Commerce number / VAT number:	34342679 / NL001738981B97
Email:	info@noorhuige.com
Phone number:	+31 (0) 6 33093579

3. The company

These terms and conditions apply to every website affiliated with noorhuige.com, including https://www.noorhuige.com

4. Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, not with standing the previous paragraph and before the distance contract is concluded, closed, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
The general terms and conditions can be consulted at all times on the websites of the entrepreneur. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

5. Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Chapter 2 – The Agreement

6. Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates or apparent errors.
Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices mentioned are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of 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 are the result of statutory regulations or provisions; or the consumer has the authority to cancel 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.

7. Offer

The offer contains a complete and accurate description of the goods and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a true representation of the items and/or services offered.
Before the consumer is bound by a distance contract, or to an offer to that effect, the entrepreneur will provide the consumer with the following information in a clear and comprehensible manner, insofar as applicable to that offer the total price of the item, including all taxes;
1. where applicable, any additional freight, delivery or postage charges and any other charges or, if such charges cannot reasonably be calculated in advance, the fact that such charges may be due;
2. the manner in which the agreement is concluded and which actions are required for this;
3. whether or not the right of withdrawal applies;
4. the method of payment, delivery, execution, the term within which the entrepreneur undertakes to deliver the goods or to provide the services and, where applicable, the complaint handling policy of the entrepreneur;
5. the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
6. the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
7. whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
8. the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
9. any other languages in which, in addition to Dutch, the agreement can be concluded;
10. the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
11. the minimum duration of the distance contract in the case of a long-term transaction; and if an offer has a limited period of validity or is made subject to conditions, the final period of validity or the express conditions under which the offer can be accepted.
Obvious errors in the offer, including obvious clerical errors, are not binding on the entrepreneur. Explicitly mentioned herein are errors in the offer advertised elsewhere than on the entrepreneur’s site, whereby the information on the entrepreneur’s site is regarded as leading at all times. An obvious error is also understood to mean an offer that is so low that the consumer knew or should reasonably have known that it was an obvious error in the offer.
In the event that the consumer has accepted an offer with an apparent error or error, the consumer will be immediately informed of the apparent error by e-mail. The e-mail also sets a term within which the consumer is offered the opportunity to accept the correct offer.

8. The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance of the offer by the consumer and compliance with the associated conditions.
If the client has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of that offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the client can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
If circumstances come to its knowledge after the agreement has been concluded give it good grounds to fear that the consumer will not fulfill the payment obligation, the entrepreneur may suspend the fulfillment of its part of the agreement, dissolve the agreement or attach special conditions to the execution of the agreement.
The entrepreneur will send the consumer the following information with the item or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
2. the information about warranties and existing after-sales service;
3. the information included in Article 7 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
4. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

Chapter 3 – Performance of the agreement

9. Delivery

The entrepreneur takes the greatest possible care when executing orders and when assessing applications for the provision of services. If a product is delivered to the consumer damaged, it can report this to the entrepreneur within 3 working days after delivery of the product via the model form on the site, or in another unambiguous way, with due observance of the provisions of art. 1 under h of these conditions.
With due observance of what is stated in article 7 of these terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed.
If the delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified of this no later than 30 days after the order has been placed. In that case, the consumer has the right to dissolve the agreement free of charge and the right to any compensation.
Products are delivered to the address provided by the consumer to the entrepreneur. If the address turns out to be incorrect and/or the product is returned, no further action will be taken by the entrepreneur.
Products that have not been provided by the consumer within two months or for which the consumer has not reported within that period will lapse to the entrepreneur.
If the consumer has indicated that he wishes to claim a returned product, any shipping costs will be charged to the consumer.
The product will be returned to the consumer after receipt of the shipping costs. The return is treated in the same way as the first shipment. The other provisions of this article apply mutatis mutandis to the return.

10. Payment

Payment is possible using the payment methods offered by the entrepreneur.
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in art. 16 paragraph 1 of these conditions. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the obligation to immediately report inaccuracies in the 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 made known to the consumer in advance.

Chapter 4 – Conformity and Warranty

11. Conformity

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 statutory provisions existing on the date of the conclusion of the agreement, regulations and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
In any case, a product does not comply with the agreement if -also in view of the nature of the product and the statements made by the entrepreneur about the product- it does not possess the properties that the consumer could expect on the basis of the agreement.
The consumer cannot rely on the fact that the item does not correspond to the agreement if this was known to him or could reasonably have been known at the time of the conclusion of the agreement, in particular in view of the provisions of art. 13 of these terms.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

12. Garantie

The entrepreneur applies a warranty period of 2 years, unless explicitly stated otherwise in the offer or the warranty period is unreasonable given the nature of the product.
In the case of refurbished products, the entrepreneur applies a warranty period of 12 months, unless explicitly agreed otherwise.
The warranty does not apply if the defect is due to:
1. improper use of the product;
2. usage damage;
3. intentional damage;
4. neglected care of the product.
The entrepreneur assumes that a product was defective when the consumer bought the product, if the defect manifests itself within six months after purchase, unless the nature of the product precludes this.
Within two months after the defect has manifested itself, the consumer must unambiguously report this to the entrepreneur in writing, with due observance of the provisions of Article 1 under h of these terms and conditions. In any case, unambiguous written means filling in the model form on the entrepreneur’s website.
If the defect has not been reported to the entrepreneur within two months after disclosure, the right to warranty lapses.

Chapter 5 – Termination, compensation and disputes

13. Intellectual Property

Entrepreneur at all times retains the right to all intellectual property – which arise from or are the result of the service provided by the entrepreneur- unless explicitly agreed otherwise.
All intellectual or industrial property rights, as well as similar rights to protect information, relating to products and/or services manufactured by the entrepreneur and delivered to the client, remain the property of the entrepreneur. Nothing in the agreement concluded or to be concluded with the client extends to the transfer of such rights, unless explicitly agreed otherwise.
Unless the parties have explicitly agreed otherwise, the client will only acquire a non-exclusive and non- transferable right of use to use the products and results of the services for the agreed objectives. In such use, the client will strictly adhere to the conditions laid down in the General Terms and Conditions or otherwise imposed on the client.
The client is not entitled to use the products and results of services other than for the purpose of using the goods to which they relate.
The client is not entitled to reproduce and/or disclose to third parties the products and results of the services or the data contained therein or otherwise made known to him/her, unless the entrepreneur gives explicit written permission for this.
The client will not remove or change any indications of the entrepreneur or its suppliers regarding copyrights, brands, trade names or other intellectual property rights.
The parties guarantee that they are entitled to grant the right of use to the other party and indemnify each other against any claims from third parties in this regard.
In the event of violation of the provisions of the previous paragraphs, the client owes the entrepreneur a fine of €4500.00 for each violation, regardless of the entrepreneur’s other rights to compliance, dissolution and compensation.

14. Right of withdrawal

The consumer can cancel the distance purchase without giving any reason until a period of 14 days has passed, after -in the case of an agreement to provide services- the day on which the agreement is concluded.
In the case of a consumer purchase:
1. the day on which the consumer or a third party designated by the consumer, who is not the carrier, has received the product;
2. the day on which the consumer or a third party designated by the consumer, who is not the carrier, has received the last product, if the consumer has ordered several products in the same order that are delivered separately;
3. the day on which the consumer or a third party designated by the consumer, who is not the carrier, consignment or the last part if the delivery of a product consists of several consignments or parts;
4. the day on which the consumer or a third party designated by the consumer, who is not the carrier, has received the first item for an agreement that extends to the regular delivery of items during a certain period.
The consumer exercises the right referred to in paragraph 1 by making an unambiguous statement to the entrepreneur within the period set in paragraph 1, with due observance of the provisions of art. 1 part h of these conditions.
If the consumer makes an unambiguous statement to the entrepreneur, the entrepreneur will confirm receipt of this statement by e-mail. This e-mail also provides the necessary information for the correct shipment of the product that forms the basis of the dissolved agreement.
If the unambiguous statement has not reached the entrepreneur, the burden of proof of sending lies with the consumer.
The entrepreneur reserves the right not to process incomplete or incorrect statements.
The mere return of the product is not seen as exercising the right of cancellation. Art. 9 of these terms and conditions apply mutatis mutandis.
The consumer is responsible for the correct return of the product in proper packaging. Proper packaging is in any case understood to mean the undamaged packaging in which the product was delivered to the consumer.
The burden of proof for the correct and timely exercise of the right referred to in paragraph 1 rests on the consumer.
The entrepreneur is not responsible for any damage to the product caused by a third party engaged by the consumer for the return. The consumer bears the burden of proof for the correct shipment and insurance of the product in the event of loss or damage during the return.
It is not possible to exchange a product. The consumer is free to dissolve an agreement within the term set in paragraph 1 and to order a new product.

15. Exclusion Right of Dissolution

The consumer has no right of dissolution for products that have been established by the entrepreneur in accordance with the consumer’s specifications;
1. a. which are clearly personal in nature;
2. which by their nature cannot be returned;
3. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
The consumer has no right of termination for services relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
1. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired; or
2. concerning betting and lotteries.
3. The entrepreneur can only exclude the right of withdrawal as referred to in paragraphs 1 and 2 if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement

16. Costs in case of dissolution

The costs for returning a product will be borne by the consumer in the event of an appeal to the right of withdrawal.
In the event of dissolution, the entrepreneur reserves the right not to refund the entire purchase price if the product is damaged or has been used other than is necessary to determine whether the product meets the wishes of the consumer.
If the consumer has paid a purchase amount, the amount will be refunded within 14 days of receipt of the product at the entrepreneur, with due observance of the provisions of paragraph 2.
The consumer will be informed immediately, stating reasons, by e-mail that the full purchase amount will not be refunded. The consumer can waive the right of dissolution, if the full purchase price is not refunded, by means of an unambiguous statement to the entrepreneur, with due observance of the provisions of art. 1 part h of these conditions.
If the full purchase amount is not refunded, the entrepreneur will wait until 14 days after receipt of the product to refund the partial purchase amount. The consumer can waive his right of cancellation until the partial purchase amount has been refunded to his account.
If the consumer waives the right of termination, the costs for shipping will be borne by the consumer. After receipt of the shipping costs, the product will be returned by the entrepreneur within 14 days.

17. Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects. Complaints can be submitted to the entrepreneur by means of an unambiguous statement, with due observance of the provisions of Article 1 under h of these terms and conditions.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur – within the period of 14 days- responds with a notification of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure.

18. Changing the Terms and Conditions

1. The Contractor is always authorized to change these general terms and conditions.
2. Changes will only become binding for the client if the entrepreneur has notified the client of the changes to the general terms and conditions and fourteen days after the date of this notification have passed, without the client notifying the entrepreneur in writing with the not agree to changes.

19. Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
All disputes between the parties arising from this agreement will, unless otherwise agreed between the parties, be submitted by the most diligent party to the competent Dutch court of the entrepreneur’s place of business.
If one or more articles of these terms and conditions are declared invalid by a court decision, other provisions of these general terms and conditions will remain in full force and effect the entrepreneur and the client will consult in order to agree new provisions to replace the void or voided provisions. With due observance of the purpose and intent of the void or annulled provisions as much as possible