General questions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Nuventa: the period during which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
Day: calendar day.
Extended Transaction: a distance agreement relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable Data Carrier: any 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 Withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.
Distance Agreement: an agreement concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby only one or more techniques for distance communication are used up to and including the conclusion of the agreement.
Technique for Distance Communication: a means that can be used for concluding an agreement without the consumer and entrepreneur being physically present in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Nuventa
Langeweg 118, 3600 Genk
Email: info@nuventa.com
VAT Identification Number: 1022.529.261
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
Before the distance agreement 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 agreement is concluded that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
If the agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the agreement is concluded, be provided electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision most favorable to them in the event of conflicting terms.
If one or more provisions of these general terms and conditions are wholly or partially invalid or annulled at any time, the agreement and the remaining provisions will remain in force, and the relevant provision will be replaced in mutual consultation by a provision that reflects the intent of the original as closely as possible.
Situations not covered by these 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 provisions shall also be interpreted in 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 modify 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 errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Product images are a truthful representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors 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 attached to accepting the offer. This concerns in particular:
- The price including taxes;
- Any shipping costs;
- The manner in which the agreement will be concluded and what actions are required for this;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the agreement;
- The period for accepting the offer or the period during which the entrepreneur guarantees the price;
- The rate for distance communication if costs are charged on a basis other than the regular base rate;
- Whether the agreement will be archived after 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 before concluding the agreement;
- Any languages other than Dutch in which the agreement may be concluded;
- The codes of conduct to which the entrepreneur is subject and how the consumer can consult these electronically;
- The minimum duration of the distance agreement in the case of an extended transaction.
Optional: available sizes, colors, and material types.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may 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.
Within legal frameworks, the entrepreneur may investigate whether the consumer can fulfill their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request or attach special conditions to its execution.
The entrepreneur will provide the following information to the consumer with the product or service, in writing or in a way that allows the consumer to store it on a durable data carrier:
a. The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal;
c. Information about warranties and existing after-sales service;
d. The data included in Article 4 paragraph 3 of these conditions, unless already provided before execution of the agreement;
e. The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.
In the case of an extended transaction, the previous paragraph applies only to the first delivery.
Every agreement is entered into 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 agreement without stating reasons within 14 days. This cooling-off period starts on the day after the consumer or a representative designated by the consumer receives the product.
During the cooling-off period, the consumer shall handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the clear and reasonable instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product by written message or email. After notification, the consumer must return the product within 14 days. The consumer must prove that the products were returned on time, for example by means of proof of shipment.
If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal or has not returned the product after the periods referred to above, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has already paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received back by the entrepreneur or conclusive proof of complete return shipment has been 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. Such exclusion only applies if clearly stated in the offer or before the agreement is concluded.
Exclusion is only possible for products:
- Made according to the consumer’s specifications;
- Clearly personal in nature;
- Which by their nature cannot be returned;
- That spoil or age quickly;
- Whose price is subject to fluctuations in the financial market;
- Single newspapers and magazines;
- Audio/video recordings and software where the seal has been broken;
- Hygienic products where the seal has been broken.
Exclusion is only possible for services:
- Related to accommodation, transport, restaurant services, or leisure activities on a specific date or period;
- Whose delivery began with the consumer’s express consent before the cooling-off period expired;
- Related to betting and lotteries.
Article 9 – Prices
During the validity period stated in the offer, prices will not be increased except for changes resulting from VAT rate adjustments.
Products or services subject to fluctuations in the financial market may be offered at variable prices.
All prices stated in the offer include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In case of errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of reliability and usability, and existing legal provisions at the date of conclusion of the agreement.
Any defects or incorrectly delivered products must be reported in writing within 14 days after delivery.
The warranty does not apply if:
- The consumer repaired or modified the products themselves or had them repaired by third parties;
- The products were exposed to abnormal conditions or handled carelessly;
- The defect results wholly or partly from government regulations regarding the nature or quality of materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing product orders.
The place of delivery is the address provided by the consumer.
Accepted orders will be executed promptly and no later than 30 days unless a longer delivery period has been agreed upon.
If delivery is delayed or an order cannot be fulfilled, the consumer will be informed no later than 30 days after placing the order and has the right to dissolve the agreement free of charge.
The risk of damage and/or loss remains with the entrepreneur until delivery to the consumer unless otherwise agreed.
Article 12 – Extended Transactions: Duration, Termination, and Renewal
The consumer may terminate an agreement entered into for an indefinite period at any time with a notice period of up to one month.
Fixed-term agreements may not be automatically renewed for a fixed duration, except for specific subscriptions such as newspapers and magazines under applicable legal conditions.
If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of up to one month.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the cooling-off period commences.
The consumer is obliged to immediately report inaccuracies in payment details provided or stated.
In case of non-payment, the entrepreneur has the right to charge reasonable costs made known to the consumer in advance, subject to legal restrictions.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted fully and clearly described within 7 days 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 a longer processing time, the entrepreneur will send an acknowledgment of receipt within 14 days and indicate when a more detailed response can be expected.
If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution procedures.
A complaint does not suspend the entrepreneur’s obligations unless stated otherwise in writing.
If a complaint is found to be justified, the entrepreneur will, at their discretion, replace or repair the products free of charge.
Article 15 – Disputes
All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.