Article 1 – Definitions
In these terms and conditions, the following terms have the following meanings:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or to purchase is spread over time;
Durable data carrier: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and the trader being together in the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the trader.
Article 2 – Identity of the trader
Nora & Jude
Stavenissestraat 279
3086RD Rotterdam
Email address: info@noraandjude.com
Chamber of Commerce (KvK) number: 81637527
VAT identification number: NL003586907B92
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract concluded and to orders between the trader and the 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, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted by electronic means and that they will be sent free of charge, by electronic means or otherwise, at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or are annulled, the contract and these terms and conditions will otherwise remain in force and the provision concerned will be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.
Situations that are not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any lack of clarity about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The trader is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or to termination of the contract.
Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
- the price including taxes;
- any costs of shipping;
- the manner in which the contract 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 contract;
- the period for acceptance of the offer, or the period within which the trader guarantees the price;
- the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the contract will be archived after it has been concluded and, if so, how the consumer can consult it;
- the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
- any other languages in which, in addition to English, the contract can be concluded;
- the codes of conduct to which the trader has subjected himself and the way in which the consumer can consult these codes of conduct by electronic means; and
- the minimum duration of the distance contract in the case of a continuing performance contract.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
If the consumer has accepted the offer by electronic means, the trader will confirm receipt of the acceptance of the offer by electronic means without delay. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.
If the contract is concluded electronically, the trader 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 trader will observe appropriate security measures for that purpose.
The trader may – within the limits of the law – ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
The trader will send the following information to the consumer 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 data carrier:
- the visiting address of the trader's place of business 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 that the right of withdrawal is excluded;
- the information about guarantees and existing after-sales service;
- the information included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
- the requirements for cancelling the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into subject to the conditions precedent of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option of terminating the contract without giving reasons during 30 days. This cooling-off period commences 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 trader.
During the cooling-off period, the consumer will handle the product and the packaging with care. He will unpack or use the product only to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product to the trader with all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the trader within 30 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in 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 made known that he wishes to make use of his right of withdrawal or, as the case may be, has not returned the product to the trader, the purchase is final.
Article 7 – Costs in the event of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 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 can be submitted.
Article 8 – Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- that have been made by the trader in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
- the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;
- concerning bets and lotteries.
Article 9 – The 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 resulting from changes in tax rates.
In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the power to cancel the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include applicable taxes.
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 and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also warrants that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the contract.
The consumer is asked to report any defects or incorrectly delivered products to the trader in writing as soon as possible, preferably within 14 days after delivery, so that the trader can resolve the matter quickly.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The trader's guarantee period corresponds to the manufacturer's guarantee period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
- the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or have been handled contrary to the instructions of the trader and/or on the packaging;
- the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 – Delivery and performance
The trader will take the greatest possible care when receiving and when carrying out orders for products.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated on this subject in Article 4 of these general terms and conditions, the company will carry out 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 carried out or can only be carried out in part, the consumer will be notified of this no later than 30 days after he placed the order. In that case, the consumer has the right to terminate the contract without costs and the right to any compensation.
In the event of termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
If delivery of an ordered product proves to be impossible, the trader will endeavour to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner 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 trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 – Continuing performance contracts: duration, cancellation and renewal
Cancellation
The consumer may at any time cancel a contract that has been entered into for an indefinite period and that is intended for the regular delivery of products (including electricity) or services, with due observance of the cancellation rules agreed for that purpose and a notice period of no more than one month.
The consumer may at any time cancel a contract that has been entered into for a fixed period and that is intended for the regular delivery of products (including electricity) or services, with effect from the end of the fixed term, with due observance of the cancellation rules agreed for that purpose and a notice period of no more than one month.
The consumer may, with regard to the contracts referred to in the previous paragraphs:
- cancel them at any time and not be limited to cancellation at a specific time or in a specific period;
- cancel them at least in the same way as they were entered into by him;
- always cancel them with the same notice period as the trader has stipulated for himself.
Renewal
A contract that has been entered into for a fixed period and that is intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
In deviation from the previous paragraph, a contract that has been entered into for a fixed period and that is intended for the regular delivery of daily newspapers, news periodicals, weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, if the consumer can cancel this extended contract with effect from the end of the extension with a notice period of no more than one month.
A contract that has been entered into for a fixed period and that is intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, and a notice period of no more than three months in the event that the contract is intended for the regular delivery, but less than once a month, of daily newspapers, news periodicals, weekly newspapers and magazines.
A contract of limited duration for the regular delivery, by way of introduction, of daily newspapers, news periodicals, weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after expiry of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may, after one year, cancel the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude cancellation before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received the confirmation of the contract.
The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the contract should be submitted to the trader, fully and clearly described, as soon as possible after the consumer has discovered the defects, by email to info@noraandjude.com.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, the consumer may contact the consumer protection agency in his or her state or territory.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be well-founded by the trader, the trader will replace or repair the delivered products free of charge or refund the purchase price, in accordance with the consumer's rights under the Australian Consumer Law.
Article 15 – Governing law and disputes
Contracts between the trader and consumers in Australia to which these general terms and conditions relate are governed by the laws of Australia, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
Nothing in these general terms and conditions excludes, restricts or modifies any consumer guarantee, right or remedy that the consumer has under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where a provision of these general terms and conditions is inconsistent with those rights, those rights prevail.
Disputes may be brought before the competent courts or tribunals of the Australian state or territory in which the consumer resides.