Article 1 - Definitions
In these Conditions the following definitions apply:
Withdrawal period : the period within which the consumer can exercise his right of withdrawal;
Consumer : the natural person who, outside the exercise of a profession or business, concludes a distance contract with the trader;
Day : calendar day;
Term 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 him in a way that allows future consultation and unaltered reproduction of the information stored.
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 which, within the framework of a system organised by the trader for the distance sale of goods and/or services, exclusively uses one or more techniques of distance communication up to the conclusion of the contract;
Distance communication technique : means that can be used to conclude a contract without the consumer and the trader being in the same place at the same time.
General Terms and Conditions : these General Terms and Conditions of the Entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: accommerce UG (limited liability)
Chamber of Commerce number: HRB118653
Trade name: accommerce UG (limited liability)
VAT identification number: DE368456012
Email customer service: contact@noirvere.com
Company address: Hartwichstraße 94, 50733 Cologne
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and every 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 business premises and 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 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 stated before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service 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 rely on the provision most favourable to him.
Should one or more provisions of these General Terms and Conditions be invalid or void at any time, in whole or in part, the contract and these Terms and Conditions shall otherwise remain in force and the provision in question shall be immediately replaced 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 the spirit" 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 subject to change. 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 reasonable assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the contract.
The images associated with the products are a true representation of the products offered. The operator cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that the consumer is clear about the rights and obligations associated with accepting the offer. This applies in particular to:
the price, excluding customs clearance fees and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service will apply the special regime for postal and courier services with regard to imports. This regime 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 VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and the measures required for that purpose;
whether the right of withdrawal applies or not;
the manner 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 amount of the distance communication tariff if the costs of 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 will be archived after its conclusion and, if so, how the consumer can access it;
the manner in which the consumer can check the data he has provided in the contract and, if he so wishes, correct them before the conclusion of the contract;
any other language in which the contract can be concluded besides Dutch;
the codes of conduct to which the trader has submitted and the means by which the consumer can consult those codes of conduct electronically; and
the minimum term of the distance contract in the case of a term transaction.
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 fulfils the conditions set out 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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission 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 the legal framework - enquire 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 contract. If, as a result of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request or to make the execution subject to special conditions, stating reasons.
The entrepreneur will provide the consumer with the following information with the product or service in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
In the case of a term transaction, the provision of the previous paragraph shall apply only to the first delivery.
Each contract is concluded subject to 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 contract without giving any reason for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and notified 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 to the entrepreneur with all supplied accessories and - if reasonably possible - in the original condition and packaging, 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 inform the entrepreneur of this within 14 days after receiving the product. The consumer must notify this in the form of a written message/email. After the consumer has declared that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of shipment.
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 referred to in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by 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. This is provided that the product has already been returned to the entrepreneur or conclusive proof of complete return can be provided.
Article 8 - Exclusion of the 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, at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
The exclusion of the right of withdrawal is only possible for services:
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 in the case of price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the trader may offer products or services with variable prices, the prices of which are subject to fluctuations on the financial market beyond the control of the trader. This link to fluctuations and the fact that the prices quoted are indicative prices will be stated in the offer.
Price increases within 3 months of conclusion of the contract are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permitted 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, this supply takes place outside the EU. The postal or courier service will then collect the import VAT or handling charges from the customer. Consequently, no VAT will be charged by the trader.
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 wrong 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 suitability and/or usability and the legal provisions and/or government regulations existing at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use 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 on the basis of the contract.
Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the 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 final 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 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 contrary to the instructions of the entrepreneur and/or on the packaging;
The defect is wholly or partly the result of regulations issued or to be issued by the Government concerning the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will exercise the greatest possible care when accepting and executing orders for products.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of 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 executed or can only be executed in part, the consumer will be informed of this no later than 30 days after the order has been placed. In that case, the consumer has the right to dissolve the agreement without any costs and the right to compensation for any damages.
In case 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 within 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavour to deliver a replacement item. At the latest at the time of delivery, it will be communicated in a clear and understandable manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by 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 representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Term transactions: duration, termination and renewal
scheduling
The consumer may terminate a contract concluded for an indefinite period 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.
The consumer may terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services at any time at the end of the term. The agreed termination rules and a notice period of no more than one month apply.
The consumer may change the agreements referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or period;
at least finish them in the same way as he finished them;
always terminate with the same notice period that the entrepreneur has set for himself.
expansion
A contract concluded for a definite period of time and relating to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a specific period of time.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer may terminate that renewed contract at the end of the renewal period with a notice period of no more than one month.
A fixed-term contract concluded for the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer may terminate the contract at any time by giving a notice period of no more than one month and by giving a notice period of no more than three months if the contract concerns the regular supply of daily or weekly newspapers and magazines less 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 continued and will end automatically 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 equity 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 after the start of the reflection 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 immediately report any inaccuracies in the payment data provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs that were communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the performance of the contract 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 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur 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 shall not result in the suspension of the Operator's obligations unless the Operator states otherwise in writing.
If a complaint is deemed justified by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Legal disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer lives abroad.
Article 16 - CESOP
Due to the measures introduced and tightened from 2024 onwards with regard to the 'Law amending the Sales 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.