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Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Withdrawal period: the period within which the consumer may exercise the 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 trader;

Day: calendar day;

Ongoing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time;

Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future access and unchanged reproduction of the stored information.

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the withdrawal period;

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of a system organized by the trader for the distance sale of goods and/or services, whereby up to and including the conclusion of the contract, one or more means of distance communication are used exclusively;

Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being 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

Company name: Noirvere LLC

Trade name: Noirvere LLC

Customer service email: contact@noirvere.com

Company address: 1603 Capital Ave, Ste 413 Cheyenne, WY 82001


Article 3 - Applicability

These General Terms and Conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader 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 trader’s business premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may, notwithstanding the previous paragraph, be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be stated before the distance contract is concluded where the General Terms and Conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.

If, in addition to these General Terms and Conditions, specific product or service terms apply, paragraphs 2 and 3 apply accordingly, and in case of conflicting terms and conditions, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these General Terms and Conditions are wholly or partially invalid or void at any time, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that most closely reflects the intent of the original provision.

Situations not covered by these General Terms and Conditions are to be assessed “in the spirit” of these General Terms and Conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted “in accordance with the intent” of these General Terms and Conditions.

Article 4 - The Offer

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

The offer is without obligation. The trader is entitled to change 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 enable the consumer to properly assess the offer. If the trader uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer are not binding on the trader.

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

Images relating to the products are a truthful representation of the products offered. The operator 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, excluding customs clearance fees and import VAT. These additional costs are borne by and at the risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services regarding imports. This regulation applies when the goods are imported into the EU destination country, which is the case here. The postal and/or courier service will collect the VAT (whether or not together with the charged customs clearance fees) from the recipient of the goods;

any shipping costs;

the manner in which the agreement is 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 agreement;

the period for accepting the offer, or the period within which the trader guarantees the price;

the level of the distance communication rate if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement is archived after conclusion and, if so, how the consumer can access it;

the way in which the consumer can check and, if desired, correct the data they provided in connection with the agreement before the agreement is concluded;

any other languages in which the agreement may be concluded in addition to Dutch;

the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of an ongoing performance contract.

Optional: available sizes, colors, material types.

Article 5 - The Agreement

Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will confirm receipt of acceptance of the offer without delay electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader 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 trader will observe appropriate security measures.

Within the legal framework, the trader may gather information on whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly concluding the distance contract. If the trader has good reasons, based on this investigation, not to conclude the agreement, the trader is entitled to refuse an order or application, or to attach special conditions to the execution, stating the reasons.

The trader will provide the consumer with the following information along 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 medium:

  1. the visiting address of the trader’s establishment where the consumer may submit complaints;
  2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. information about warranties and existing customer service;
  4. the data referred to in Article 4 paragraph 3 of these terms, unless the trader has already provided this data to the consumer before concluding the agreement;
  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of an ongoing performance contract, the provision in the previous paragraph applies only to the first delivery.

Every agreement 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 agreement without giving reasons for 14 days. This withdrawal period starts on the day after the product is received by the consumer, or by a representative appointed by the consumer in advance and made known to the trader.

During the withdrawal period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product to the trader with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the trader’s reasonable and clear instructions.

If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the trader within 14 days after receiving the product. The consumer must do so by means of a written message/email. After the consumer has stated that they wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by providing proof of shipment.

If the customer has not expressed their wish to exercise the right of withdrawal or has not returned the product to the trader after the expiry of the time limits referred to in paragraphs 2 and 3, the purchase is final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs for returning the products shall be 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 14 days after the withdrawal. This is subject to the condition that the product has already been returned to the trader or that conclusive proof of complete return can be provided.

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, at least in good time before the conclusion of the agreement.

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

  1. that are made by the trader according to the consumer’s specifications;
  2. that are clearly of a personal nature;
  3. that cannot be returned due to their nature;
  4. that can spoil or age quickly;
  5. whose price is subject to fluctuations on the financial market over which the trader has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software whose seal has been broken by the consumer.
  8. for hygiene products whose seal has been broken by the consumer.

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

  1. relating to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
  2. where performance has begun with the consumer’s express consent before the withdrawal period has expired;
  3. regarding betting and lotteries.

Article 9 - The Price

During the validity period 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 trader may offer products or services with variable prices if these prices are subject to fluctuations in the financial market that are beyond the trader’s control. This link to fluctuations and the fact that the 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 result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has agreed to them and:

  1. they result from statutory regulations or provisions; or
  2. the consumer has the option to terminate the agreement from the day the price increase takes effect.

According to Section 5(1) of the Turnover Tax Act 1968, the place of supply is in the country where the transport begins. In this case, this supply takes place outside the EU. The postal or courier service will therefore collect import VAT or clearance fees from the customer. Consequently, no VAT will be charged by the trader.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of suitability and/or usability, and the legal provisions and/or government regulations in force at the time the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims the consumer can assert against the trader on the basis of the agreement.

Defective or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the final suitability of the products for any 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 themselves or has had them repaired and/or modified by third parties;

The delivered products were exposed to abnormal conditions or were otherwise treated negligently or contrary to the trader’s instructions and/or the instructions on the packaging;

The defect is wholly or partly the result of regulations issued or to be issued by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Performance

The trader will observe the greatest possible care when receiving and executing orders for products.

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

Subject to the provisions in Article 4 of these General Terms and Conditions, the company will execute accepted orders as soon as possible, 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 fulfilled or can only be fulfilled 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 agreement free of charge and the right to any compensation.

In the event of dissolution in accordance with the previous paragraph, the trader 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 impossible, the trader will make every effort to provide a replacement item. At the latest upon delivery, it will be communicated in a clear and understandable way that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the trader.

The risk of damage and/or loss of products lies with the trader until the moment of delivery to the consumer or a representative appointed in advance and made known to the trader, unless explicitly agreed otherwise.

Article 12 - Ongoing Performance Contracts: Term, Termination and Renewal

Termination

The consumer may terminate an agreement of indefinite duration that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that provides for the regular delivery of products (including electricity) or services at any time at the end of the term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and not be limited to termination at a specific time or during a specific period;

at least in the same manner as they were concluded by them;

always with the same notice period as the trader has stipulated for themselves.

Extension

A fixed-term agreement providing for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of goods or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and with a notice period of no more than three months if the agreement concerns the regular, but less than once per month, delivery of daily or weekly newspapers and magazines.

A fixed-term agreement for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If an agreement has a term of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to report inaccuracies in the payment details provided or stated to the trader without delay.

In the event of non-payment by the consumer, the trader is entitled, subject to statutory restrictions, to charge reasonable costs that were communicated to the consumer in advance.

Article 14 - Complaints Procedure

Complaints about the performance of the agreement must be submitted to the trader within 7 days after the consumer has discovered the defects, fully and clearly described.

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 respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the operator’s obligations unless the operator states otherwise in writing.

If a complaint is found to be justified by the operator, the operator will, at their discretion, either replace or repair the delivered products free of charge.

Article 16 - CESOP

Due to the measures introduced and tightened from 2024 regarding the “Act to amend the Turnover Tax Act 1968 (Payment Service Provider Directive Implementation Act)” and the introduction of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.