General Terms and Conditions

For all orders placed on www.nyndesign.nl the following General Terms and Conditions apply:

Article 1 Application

1.1 These General Terms and Conditions apply to all offers made by NYN Design (referred to below as nyndesign.nl) and all orders and agreements with NYN Design as far as parties have not explicitly agreed in written statement that these General Terms do not apply.

1.2 Customers who wish to use their own terms and conditions must have NYN Design's explicit agreement in writing.

1.3 When accepting an offer or placing an order the Customer accepts the applicability of these General Terms.

1.4 By using NYN Design's internet site and/or placing an order the Customer accepts these General Terms as well as all other legal rights and obligations as printed on the internet site.

1.5 Deviations of the General Terms are only applicable if these have been agreed upon in a written statement in which case all other articles of these General Terms remain applicable without change.

1.6 nyndesign.nl is entitled to update or append to these General Terms over time.

1.7 nyndesign.nl is authorized to make use of intermediaries and other third parties while executing the agreement with a Customer. In such cases these General Terms are applicable as well without change.

1.8 A Customer is defined as each visitor to the website or any person or legal entity having a contractual relation or intending to having a contractual relation with nyndesign.nl.

Article 2 Offers/agreements

2.1 All offers made by nyndesign.nl are without obligation and as far as items are in stock.

2.2 nyndesign.nl explicitly has the right to update prices, in particular when this is required by law/legal.

2.3 An agreement is reached when an order confirmation has been sent to the Customer based on the Customers' order information via email to the email address as supplied by the Customer. The Customer and nyndesign.nl agree explicitly that using electronic means of communication results in a valid agreement as soon as the order confirmation has been sent to the Customer. The electronic archives of nyndesign.nl are considered legally acceptable valid evidence or indication of evidence.

2.4 Information, graphics, images, oral announcements, given by telephone or via email as well as statements et cetera with regards to all offers and the most important characteristics of products are displayed or made in the most accurate manner. However, nyndesign.nl does not guarantee that all offers and products comply to the given information et cetera completely. Deviations in principle cannot lead to compensation and/or cancellation.

Article 3 Prices and payments

3.1 All prices quoted by nyndesign.nl are in Euros, including VAT and excluding shipment costs and administration fees, unless explicitly stated otherwise or agreed upon in a written statement.

3.2 Shipment costs and administration fees are listed on the internet site. These costs and fees are dependent on the value of the order measure of payment and the requested shipping method.

3.3 nyndesign.nl offers the Customer the opportunity to insure goods to be shipped. The insurance costs are charged to the Customer. The costs of insured shipments are dependent on the value of the order measure and weight and requested shipping method and can be inquired through customerservice@nyndesign.nl

3.4 Special offers are only valid during the period quoted on the internet site with respect to that specific offer and do not automatically apply to a back- or repeat order.

3.5 nyndesign.nl cannot be held responsible for offers which contain what a reasonable person would consider obvious mistakes or typographical errors.

3.6 The amount due on orders may be paid in one of the following ways:

- the Customer pays the amount due including shipment costs, administration fees and insurance costs in advance to IBAN bank account NL60KNAB0280452209 in the name of NYN Design, The Netherlands. The BIC code of the bank is KNABNL2H.

- the Customer pays the amount due including shipment costs, administration fees and insurance costs in advance to the Paypal account of NYN Design.

3.7 Agreements for which any due payment has not been received by nyndesign.nl after two (2) weeks of the initial order date, will automatically be cancelled.

Article 4 Delivery

4.1 Orders are usually shipped within three (3) working days upon receiving the complete payment unless otherwise agreed upon.

4.2 The aforementioned shipping period is strictly indicative and is not guaranteed. If this shipping period is exceeded, the Customer is not entitled to any claim for compensation nor does the Customer have the right to cancel the agreement in such case, unless the delay is of such duration that the Customer could reasonably not be expected to keep the agreement. In such cases the Customer is entitled to cancel the order or dissolve the agreement as far as this is necessary. Amounts that have been prepaid to nyndesign.nl with regards to the cancelled order will be returned.

4.3 If the Customer orders an item that is temporarily out of stock, nyndesign.nl will indicate when the specific item will become available. Delays will be reported to the Customer via email or phone. Incase an ordered item is no longer available, amounts that have been prepaid will be returned.

4.4 The order is shipped to the shipping address as supplied by the Customer when the agreement is completed. nyndesign.nl can not be hold responsible for any incorrect information received concerning the Customers address, and additional shipping fees for resending an order will be charged to the Customer.

4.5 The customer has the right to terminate the contract without charge if the delivery exceeds 30 days unless otherwise agreed upon.

Article 5 Ownership

5.1 The ownership of products is passed to the Customer when they have fulfilled their obligations with regard to the agreement. The risk with regard to the products is passed to the Customer at the moment nyndesign.nl places the products at the disposal of the delivering party. nyndesign.nl offers the facility to ship the goods insured. The insurance costs can be inquired through customerservice@nyndesign.nl and will be charged to the Customer. Any return shipments to nyndesign.nl is at the risk and costs of the Customer and must be accompanied by a written statement explaining the reasons of the return.

Article 6 Return of products

6.1 The Customer is obliged to thoroughly check upon delivery whether the products meet the agreement. The Customer must take into account small size and colour differences of the products compared to those displayed on the internet site. If a product does not satisfy the agreement, the Customer must inform nyndesign.nl in writing as soon as possible, but in any case within fourteen (14) working days after delivery, or as soon as checking could reasonably be performed.

6.2 If it is evident products do not meet the agreement, nyndesign.nl has the option to replace the specific products upon their receipt by new products or return the invoiced value of the returned products.

6.3 If the Customer does not wish to keep a product for any reason, the Customer is entitled to return the product to nyndesign.nl within fourteen (14) days after delivery took place. In this case return shipments are only accepted if the products are not damaged or used.

6.4 If the Customer uses his/her right to return articles as mentioned in the above paragraph, nyndesign.nl will repay the amount the Customer paid to nyndesign.nl within fourteen (14) days after receiving the return shipment.

6.5 The Customer is responsible for the costs of the shipment and holds the risk of returning products until nyndesign.nl has received them.

Article 7 Guarantee and liability

7.1 nyndesign.nl offers a two (2) month guarantee on all purchased articles. This guarantee does not apply if damage is due to normal wear and tear as well as in any of the following cases: inexpert use, malice or gross inattention, water damage, freezing and spoiling.

7.2 nyndesign.nl can never be obliged to pay any compensation to the Customer or third party, unless it is a question of malice or major fault on nyndesign.nl's part. nyndesign.nl may never be held responsible for collateral damage, damage to business, indirect damage and loss of profit or turnover.

7.3 If nyndesign.nl is obliged for any reason to make good any damage the compensation is never more than the amount on the invoice for the product or service that caused the damage.

7.4 On its internet site nyndesign.nl may offer links to other internet sites that may be interesting or informative for its visitors. These links are purely informative. nyndesign.nl is not responsible for the contents of the referenced internet site or the use of it.

Article 8 Force majeure

8.1 In case of force majeure nyndesign.nl is not obliged to honour its obligations to the Customer or the obligation is held up for as long as the force majeure lasts.

8.2 Force majeure is any circumstance nyndesign.nl has no control over, preventing nyndesign.nl from honouring its obligations towards the Customer fully or partially. These circumstances include strike, fire, business disturbance, energy supply faults, non-delivery or not-in-time delivery by suppliers or other called in third parties and the absence of any government issued license. Disturbances in a (telecommunication) network or used communication systems as well as the unavailability of the internet site at any time are also understood by Force majeure.

Article 9 Intellectual property

9.1 The Customer recognizes explicitly that all right of intellectual property of the reported information, graphics, announcements or other expressions regarding the products, the inspiration and the internet site in general are vested in nyndesign.nl, its suppliers or other rightful claimants.

9.2 Intellectual property includes patents, copyright, trademarks, graphical and modeling rights and other (intellectual property) rights, including technical and/or commercial know how, methods and design, both charterable and not charterable.

9.3 It is prohibited to use, including making adaptations, intellectual property rights as described in this article, such as duplication, without the explicit preceding written permission of nyndesign.nl, her suppliers or other rightful claimants, unless the use is purely personal in relation to the product itself.

Article 10 Privacy

10.1 All data provided by the Customer, is strictly confidential and will only be used for processing the order, the payment of the order and delivery to the provided delivery address and for advancing the user friendliness of the internet site.

10.2 nyndesign.nl observes the applicable privacy rules and laws.

10.3 nyndesign.nl does not provide customer data to third parties.

Article 11 Applicable law and competent court

11.1 Dutch law is exclusively applicable to all rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply as well as these General Terms and Conditions.

11.2 The applicability of The United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly disqualified.

11.3 All disputes between parties will be exclusively propounded to the competent court in the Netherlands.

Article 12 Various

12.1 NYN Design has its seat at Steeg 25, 5944BT Arcen, The Netherlands and is registered at the Chamber of Commerce, registration number 57399735. The VAT-identification number is NL062597425B01.

12.2 All correspondence should be addressed to NYN Design, Steeg 25, 5944BT Arcen, The Netherlands or to the email address customerservice@nyndesign.nl

12.3 When nyndesign.nl has permitted departures for a short or longer period of time, tacitly or not, it does not affect its right to require direct and strict fulfilment of these General Terms and Conditions. The Customer does not have any claim based on the fact nyndesign.nl has flexibly applied these General Terms and Conditions.

 

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