General Terms and Conditions

Article 1 – De nitions
In these terms and conditions, the following definitions apply:
nuvanta: the period within 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 who enters into a distance contract
with the entrepreneur;

Day: calendar day;
Duration transaction: a distance contract relating to a
series of products and/or services, where the delivery and/or
acceptance 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 contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or
services to consumers at a distance;
Distance contract: a contract where, within the framework
of a system organised by the entrepreneur for distance sales
of products and/or services, up to and including the conclusion of
the contract, only one or more techniques for distance communication
are used;
Technique for distance communication: means that can be
used to conclude a contract, without the consumer and entrepreneur being
simultaneously present in the same space.
General Terms and Conditions: the present General Terms and Conditions
of the entrepreneur.

Article 2 – Identity of the entrepreneur
nuvanta
Langeweg 118 3600 Genk;
Email address: 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 contract and order concluded
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 as soon as possible free of charge upon request.
If the distance contract is concluded electronically, 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 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, it will be indicated before
the distance contract is concluded where the general terms and conditions can be consulted electronically
and that they will be sent free of charge to the consumer by electronic means or otherwise upon request.
In the event that, in addition to these general terms and conditions,
specific product or service conditions also apply, the
second and third paragraphs apply mutatis mutandis, and the
consumer can always invoke the provision that is most favourable to them
in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions
are at any time wholly or partially null and void or annulled,
the agreement and these terms and conditions will remain otherwise
in force, and the provision concerned will be replaced by a new provision that
approximates the original as much as possible through mutual consultation.
Situations not covered by these general terms and conditions
should be assessed 'in the spirit' of these terms and conditions.
Ambiguities regarding the interpretation or content of one or more
provisions of our terms and conditions should 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 specific
conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur 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 entrepreneur uses images, these are a true representation of the
products and/or services offered. Obvious mistakes or
obvious errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative
and cannot give rise to compensation or dissolution
of the agreement.
Images of products are a true representation
of the products offered. The entrepreneur cannot guarantee
that the colours displayed exactly match the real
colours 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 concerns in particular:
the price including taxes;
any shipping costs;
how 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
within which the entrepreneur 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 different basis than the regular basic rate for the communication means used;
whether the agreement will be archived after its conclusion, and if
so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the
agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
any other languages in which, in addition to Dutch, the
agreement can be concluded
and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a
duration transaction.
Optional: available sizes, colours, type of materials.

Article 5 – The agreement
The agreement, subject to the provisions of paragraph 4,
is concluded at the moment of acceptance by the consumer of
the offer and the fulfillment of the conditions set forth therein.
If the consumer has accepted the offer electronically,
the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.
As long as the receipt of this acceptance has not been confirmed by the entrepreneur,
the consumer 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 will ensure
a secure web environment. If the consumer can pay electronically,
the entrepreneur will observe appropriate security measures.
The entrepreneur can – within legal frameworks – inform himself
whether the consumer can meet his payment obligations, as well as
all those facts and factors that are important for a responsible conclusion of the distance agreement.
If, on the basis of this investigation, the entrepreneur has good reasons
not to enter into the agreement, he is entitled to refuse an order or application with reasons
or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service to the consumer,
in writing or in such a way that it can be stored by
the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the
consumer can address complaints;
b. the conditions under which and the way in which the consumer can
exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the data included in Article 4, paragraph 3 of these terms and conditions,
unless the entrepreneur has already provided this data to the consumer
before the execution of the agreement;
e. the requirements for termination of the agreement if the
agreement 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 only
applies to the first delivery.
Every agreement is entered into under the suspensive conditions
of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option
to dissolve the agreement without stating reasons
for 14 days. This cooling-off period starts on the day after
receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the
product and its packaging with care. He will only unpack or use the product
to the extent necessary to assess whether he wishes to keep the product.
If he exercises his right of withdrawal, he will return the product
with all accessories supplied 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 his right of withdrawal,
he is obliged to make this known to the entrepreneur within 14 days after receipt
of the product. The consumer must make this known by means of a written message/
e-mail. After the consumer has made known that he wishes to exercise his right of withdrawal,
the customer must return the product within 14 days. The consumer must prove
that the delivered goods have been returned in time, for example by means of a proof of shipment.
If, after the expiry of the periods mentioned in paragraphs 2 and 3,
the customer has not made known that he wishes to exercise his right of withdrawal or
has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the
costs for returning the products are for the account of 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. However, this is conditional on the product having already been received back by the web retailer or conclusive proof of complete return being provided.

Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal
for products as described in paragraphs 2 and 3. The
exclusion of the right of withdrawal only applies if the
entrepreneur has clearly stated this in the offer, or at least in a timely manner before concluding
the agreement.
Exclusion of the right of withdrawal is only possible for
products:
a. that have been manufactured by the entrepreneur in accordance with
consumer specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can quickly spoil or age;
e. whose price is subject to fluctuations in the financial
market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the
consumer has broken the seal.
h. for hygienic products of which the consumer has broken the
seal.
Exclusion of the right of withdrawal is only possible for
services:
a. concerning accommodation, transport, restaurant business or leisure activities
to be performed on a specific date or during a specific period;
b. the delivery of which has begun with the explicit consent of the
consumer before the cooling-off period has expired;
c. 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 due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer
products or services whose prices are subject to fluctuations in the
financial market and over which the entrepreneur has no influence,
with variable prices. This dependence on fluctuations and the fact that any stated prices
are indicative prices, will be stated in the offer.
Price increases within 3 months after the conclusion of the
agreement are only permitted if they are the result of
legal regulations or provisions.
Price increases from 3 months after the conclusion of the
agreement are only permitted if the entrepreneur has stipulated this and
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement
with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are
inclusive of VAT.
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 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,
the reasonable requirements of soundness and/or usability
and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
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
under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing
within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period.
However, the entrepreneur 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 warranty 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 circumstances
or have otherwise been handled carelessly or in violation of the entrepreneur's instructions
and/or those on the packaging;
The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding
the nature or quality of the 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 that the consumer has made known to the company.
Subject to what is stated about this in Article 4 of these
general terms and conditions, the company will execute accepted
orders promptly, 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 or can only partially be executed,
the consumer will be notified of this no later than 30 days after placing the order.
In that case, the consumer has the right to dissolve the agreement free of charge and
is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur
will refund the amount paid by the consumer as soon as possible,
but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible,
the entrepreneur will endeavour to make a replacement item available.
No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered.
For replacement items, the right of withdrawal cannot be excluded.
The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur
until the moment of delivery to the consumer or a previously designated and known representative of the entrepreneur,
unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination and renewal
Termination
The consumer can terminate an agreement entered into for an
indefinite period that involves the regular delivery of products
(including electricity) or services, at any time, with due observance of
the agreed termination rules and a notice period of a maximum of
one month.
The consumer can terminate an agreement entered into for a definite
period that involves the regular delivery of products (including
electricity) or services, at any time at the end of the definite period,
with due observance of the agreed termination rules and a notice
period of a maximum of one month.
The consumer can terminate the agreements mentioned in the
previous paragraphs:
at any time and not be limited to termination at a specific time or
period;
at least in the same manner as they were entered into;
always with the same notice period as the entrepreneur has stipulated
for himself.
Renewal
An agreement entered into for a definite period that involves the
regular delivery of products (including electricity) or services, may
not be tacitly renewed or extended for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for
a definite period that involves the regular delivery of daily, news and
weekly newspapers and magazines may be tacitly renewed for a
definite period of a maximum of three months, if the consumer can
terminate this extended agreement at the end of the month.
An agreement entered into for a definite period that involves the
regular delivery of products or services may only be tacitly renewed
for an indefinite period if the consumer can terminate it at any time
with a notice period of a maximum of one month, and a notice period
of a maximum of three months if the agreement involves the regular,
but less than once a month, delivery of daily, news and weekly
newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily,
news and weekly newspapers and magazines for introductory purposes
(trial or introductory subscription) will not be tacitly continued and
will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer
may, after one year, terminate the agreement at any time with a
notice period of a maximum of one month, unless the agreed duration
precludes this.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be
paid within 7 working days after the start of the cooling-off period
as referred to in Article 6 paragraph 1. In the case of an agreement for
the provision of a service, this period commences after the consumer
has received confirmation of the agreement.
The consumer has the obligation to immediately report any inaccuracies
in payment data 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 reasonable costs made
known to the consumer in advance.

Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted to
the entrepreneur, fully and clearly described, within 7 days after the
consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a
period of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time, the
entrepreneur will, within the 14-day period, respond 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, a dispute
arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur,
unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the
entrepreneur will, at their discretion, replace or repair the delivered
products free of charge.

Article 15 – Disputes.Agreements between the entrepreneur and the consumer to which
these general terms and conditions apply are exclusively governed by
Dutch law. This also applies if the consumer resides abroad.