Article 1 - Definitions
The following definitions apply in these terms and conditions:
Withdrawal period : the period within which the consumer can exercise their right of withdrawal;
Consumer : the natural person who is not acting in the course of a profession or trade and concludes a distance contract with the entrepreneur;
Day : Calendar day;
Term contract : a distance selling contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a specific period of time;
Durable medium : any means which enables the consumer or entrepreneur to store information addressed personally to him or her in such a way as to allow future access to and unaltered reproduction of the stored information.
Right of withdrawal : the possibility for the consumer to withdraw from the distance selling contract within the cooling-off period;
Entrepreneur : the natural or legal person who offers products and/or services to consumers via distance selling;
Distance selling contract : a contract in which, within the framework of a system organized by the trader for the distance selling of goods and/or services, only one or more techniques of distance communication are used until the conclusion of the contract;
Telecommunication technology : Means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions : these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: Noirvere LLC
Trade name: Noirvere LLC
Email customer service: contact@noirvere.com
Company address: 1603 Capital Ave, Ste 413 Cheyenne, WY 82001
Article 3 - Applicability
These terms and conditions apply to every offer made by the entrepreneur and to every distance selling contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the terms and conditions can be viewed at the trader's business premises and 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 preceding paragraph and before the conclusion of the distance contract, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the General Terms and Conditions can be viewed electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.
In the event that specific product or service terms and conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting General Terms and Conditions, the consumer may always invoke the provision most favorable to him.
Should one or more provisions of these General Terms and Conditions be wholly or partially invalid or unenforceable at any time, the remainder of the contract and these terms and conditions shall remain in full force and effect and the provision in question shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the meaning of the original provision.
Situations not covered by these terms and conditions shall be judged "in the spirit" of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in accordance with" 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.
This offer is non-binding. The company reserves the right 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 make a proper assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the trader.
All images, specifications and data in the offer are indicative and cannot be grounds for compensation or termination of the contract.
The product images are a faithful representation of the products offered. The operator cannot guarantee that the colors shown exactly match the actual product colors.
Each offer contains information that clearly explains to the consumer the rights and obligations associated with accepting the offer. This applies in particular to:
The price quoted excludes customs clearance fees and import VAT. These additional costs are borne by the customer and at their own risk. The postal and/or courier service will apply the special scheme for postal and courier services with regard to imports. This scheme applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (whether together with the customs clearance fees or not) from the recipient of the goods.
all shipping costs;
the manner in which the agreement is concluded and what measures are required for this;
whether the right of withdrawal applies or not;
the manner of payment, delivery and fulfillment of the contract;
the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
the level of the distance communication tariff when the costs for using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the contract is archived after its conclusion and, if so, how the consumer can access it;
the way in which the consumer can check and, if desired, correct the data he has provided within the framework of the contract before concluding the contract;
all other languages in which the contract can be concluded besides Dutch;
the codes of conduct to which the trader has subscribed, and the manner in which the consumer can access these codes of conduct electronically; and
the minimum term of the distance selling contract in the case of a fixed-term contract.
Optional: available sizes, colors, material types.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the contract 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 immediately confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may cancel the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
Within the legal framework, the business may obtain information about the consumer's ability to meet their payment obligations, as well as about all facts and factors relevant to the responsible conclusion of the distance selling contract. If, based on this investigation, the business has good reason not to conclude the contract, it is entitled to refuse an order or application, or to make its execution subject to special conditions, stating the reasons.
The entrepreneur will provide the consumer with the following information in writing or in a way that allows the consumer to store it accessibly on a durable medium with the product or service:
In the case of a long-term contract, the provision of the previous paragraph applies only to the first delivery.
Every contract is concluded subject to the suspensive condition of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to cancel the contract within 14 days without giving any reason. This cooling-off period begins on the day after the consumer, or a representative previously designated by the consumer and communicated to the trader, receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they 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 trader's reasonable and clear instructions.
If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the trader within 14 days of receiving the product. The consumer must do this in writing, by letter or email. After declaring their intention to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the returned goods were sent back in a timely manner, for example, by means of a shipping receipt.
If the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of cancellation
If the consumer exercises their right of withdrawal, the costs for returning the products are borne by the consumer.
If the consumer has paid an amount, the business will refund this amount as quickly as possible, but no later than 14 days after the cancellation. This is conditional upon the product already having been returned to the business or conclusive proof of complete return being 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. This exclusion of the right of withdrawal is only valid if the trader has clearly indicated this in the offer, at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for the following products:
The exclusion of the right of withdrawal is only possible for services:
Article 9 - The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except in the case of price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control at variable prices. This dependence on fluctuations and the fact that the stated prices are indicative will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permissible if they result from legal regulations or provisions.
Price increases starting 3 months after the conclusion of the contract are only permissible if the entrepreneur has agreed to them and:
According to Section 5(1) of the Turnover Tax Act 1968, the place of supply is the country where the transport begins. In this case, the supply takes place outside the EU. Therefore, the postal or courier service will collect the import VAT or customs clearance charges from the customer. Consequently, the supplier will not charge VAT.
All prices are subject to change without notice due to printing or typesetting errors. No liability is accepted for the consequences of such errors. In the event of a printing or typesetting error, the seller is not obligated to deliver the product at the incorrect price.
Article 10 - Conformity and Guarantee
The contractor guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for suitability and/or usability, and the legal provisions and/or official regulations in force at the time of conclusion of the contract. If agreed, the contractor also guarantees that the product is suitable for a use other than its normal purpose.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
Defective or incorrectly delivered products should be reported to the seller in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The seller's warranty period corresponds to the manufacturer's warranty period. However, the seller is never responsible for the ultimate 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 himself or had them repaired and/or modified by third parties;
The delivered products were exposed to abnormal conditions or otherwise handled negligently or contrary to the instructions of the entrepreneur and/or the packaging;
The defectiveness is wholly or partly the result of regulations issued or to be issued by the government regarding the type or quality of materials used.
Article 11 - Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders as quickly 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 executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract free of charge and the right to claim any damages.
In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after the termination.
If delivery of an ordered product proves impossible, the seller will endeavor to deliver a replacement. The customer will be clearly and comprehensibly informed that a replacement is being delivered no later than upon delivery. The right of withdrawal cannot be excluded for replacement products. The seller will bear the costs of any return shipment.
The risk of damage and/or loss of products lies with the entrepreneur until the time of handover to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Term contracts: Duration, termination and renewal
Scheduling
The consumer may terminate an open-ended contract concluded for the regular supply of products (including electricity) or services at any time, subject to compliance with the agreed termination rules and a notice period of no more than one month.
Consumers may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the contract term. The agreed termination rules and a notice period of no more than one month apply.
The consumer may change the agreements mentioned in the preceding paragraphs:
to end at any time and not be limited to termination at a specific time or period;
at least finish them in the same way he finished them;
Always terminate with the same notice period that the entrepreneur has set for himself.
Extension
A contract concluded for a specific period, which covers the regular supply of products (including electricity) or services, cannot be tacitly extended or renewed for a specific period.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, provided that the consumer can terminate this extended contract at the end of the extension period with a notice period of no more than one month.
A fixed-term contract concluded for the regular delivery of goods or services may only be tacitly extended indefinitely if the consumer can terminate the contract 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 contract concerns the regular delivery of daily or weekly newspapers and magazines less frequently than once a month.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) will not be tacitly renewed and will automatically end at the end of the trial or introductory period.
Length of time
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination 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 of the start of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has a duty to immediately notify the entrepreneur of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer the reasonable costs, which have been communicated to the consumer in advance.
Article 14 - Complaints Procedure
Complaints regarding the performance of the contract must be submitted to the entrepreneur within 7 days of the consumer discovering the defects, and must be fully and clearly described.
Complaints submitted to the company will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the company 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 amicably, a dispute arises which is subject to dispute resolution.
A complaint does not lead to the suspension of the operator's obligations unless the operator states otherwise in writing.
If the operator deems a complaint justified, the operator will, at its discretion, either replace or repair the delivered products free of charge.
Article 16 - CESOP
Due to the measures introduced and tightened from 2024 onwards with regard to the 'Law amending the Value Added Tax Act 1968 (Payment Service Providers Directive Implementation Act)' and thus the introduction of the Central Electronic Payment Information System (CESOP), payment service providers could register data in the European CESOP system.