Terms of service

Contents

Article 1 – Definitions
Article 2 – Identity of the Seller
Article 3 – Applicability
Article 4 – Offer
Article 5 – Contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exceptions to the right of withdrawal
Article 9 – Price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Fixed-term transactions: duration, termination, and extension
Article 13 – Payment
Article 14 – Complaint procedure
Article 15 – Disputes
Article 16 – Additional or different provisions

Article 1 – Definitions

In these terms, the following terms shall have the following meanings:

1. Reflection period: The period during which the consumer can exercise the right of withdrawal;
2. Consumer: A natural person who does not act within the scope of a profession or business and who concludes a distance sales contract with the seller;
3. Day: Calendar day;
4. Timed transaction: A distance contract relating to a series of products and/or services where the delivery/performance obligation is spread over time;
5. Durable data carrier: Any means that enables the consumer or seller to store information addressed personally to them in a way that allows future reference and unaltered reproduction of the content.
6. Right of withdrawal: The consumer's possibility to withdraw from the distance contract within the reflection period;
7. Model form: The withdrawal form provided by the seller that the consumer can fill out if they wish to exercise their right of withdrawal.
8. Seller: A natural or legal person who offers products and/or services to consumers remotely;
9. Distance contract: A contract concluded by the seller within a system organized for the remote sale of products and/or services, up to and including the conclusion of the contract, using one or more remote communication techniques;
10. Remote communication technique: A means that enables the conclusion of a contract without the consumer and seller being physically present in the same place at the same time;
11. General Terms and Conditions: These General Terms and Conditions of the seller.

Article 2 – Identity of the Seller

NostaljiNL;
Werfweg 1-36
8243 PG Lelystad
Phone: +31615618800 (Whatsapp)
Email: info@nostaljinl.com
Trade Register No (KvK): 92564151
VAT Identification No (BTW): NL866100933B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the seller and to every distance contract and order concluded between the seller and the consumer.
2. Before concluding a distance contract, the text of these general terms and conditions shall be made accessible to the consumer. If this is not reasonably possible, it shall be stated that the general terms and conditions can be examined at the seller's premises before the contract is concluded and that they will be sent free of charge as soon as possible upon request.
3. If a distance contract is concluded electronically, based on the previous paragraph, the text of these general terms and conditions may be presented electronically in a way that the consumer can easily save it on a durable data carrier before the contract is concluded. If this is not reasonably possible, it shall be stated where the general terms and conditions can be viewed electronically before the contract is concluded and that they will be sent free of charge electronically or by other means upon request.
4. If, in addition to these general terms, special product or service conditions also apply, paragraphs 2 and 3 shall apply by analogy, and in case of conflict, the consumer may always rely on the provision most favorable to them.
5. If one or more provisions of these general terms are wholly or partially invalid or annulled at any time, the contract and the remaining provisions shall remain in effect; the relevant provision shall be immediately replaced by a provision as close as possible to the purpose of the original provision.
6. Situations not regulated in these general terms shall be assessed according to the "spirit" of these general terms.
7. Ambiguities regarding the interpretation or content of one or more provisions in our terms and conditions shall be interpreted according to the "spirit" of these general terms.

Article 4 – Offer

1. If the offer has a limited validity period or is subject to certain conditions, this is clearly stated in the offer.
2. The offer is not binding. The seller reserves the right to modify and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed for the consumer to properly assess the offer. If the seller uses images, these are realistic representations of the products and/or services offered. Obvious errors or manifest mistakes in the offer do not bind the seller.
4. All images, specifications, and data in the offer are indicative; they do not constitute grounds for compensation or contract termination.
5. Product images are realistic representations of the products offered. The seller cannot guarantee that the colors seen on the screen will exactly match the actual colors of the products.
6. Each offer contains information that clearly enables the consumer to understand the rights and obligations arising from the consumer's acceptance of the offer. This particularly includes:
   • price including taxes;
   • if any, shipping costs;
   • how the contract will be concluded and which steps are necessary for this;
   • whether the right of withdrawal applies;
   • the method of payment, delivery, and performance;
   • the period for which the offer is valid or the period during which the seller guarantees the price;
   • the cost of using the means of remote communication, if calculated on a basis other than the standard basic tariff of the communication tool used;
   • whether the contract is archived after conclusion and, if archived, how the consumer can access it;
   • how the consumer can check and, if necessary, correct the information provided before the contract is concluded;
   • in which languages other than Dutch the contract can be concluded;
   • the rules of conduct applicable to the seller and how the consumer can electronically access them; and
   • the minimum duration of the distance contract in case of a timed transaction.

Article 5 – Contract

1. The contract is deemed to be concluded at the moment the consumer accepts the offer and fulfills the relevant conditions, without prejudice to the provision in paragraph 4.
2. If the consumer has accepted the offer electronically, the seller confirms receipt of the acceptance declaration electronically without delay. Until the seller confirms this acceptance, the consumer may cancel the contract.
3. If the contract is concluded electronically, the seller takes appropriate technical and organizational measures to ensure the security of data transmission and provides a secure web environment. If the consumer can make electronic payments, the seller applies appropriate security measures for this.
4. Within the legal framework, the seller may investigate whether the consumer can fulfill their payment obligations and all facts and factors important for responsibly concluding the distance contract. If the seller has justified reasons based on this investigation, they have the right to refuse an order or application with justification or to attach special conditions to the performance.
5. The seller will provide the consumer with the following information in writing or in a way that the consumer can easily store on a durable medium together with the product or service:
   • The visiting address of the seller’s business where the consumer can submit complaints;
   • A clear notice about the conditions and manner in which the consumer can exercise the right of withdrawal or that the right of withdrawal is excluded;
   • Information about guarantees and after-sales services available;
   • Except where the seller has already provided this information to the consumer before the performance of the contract, the information contained in paragraph 3 of article 4 of these terms;
   • If the contract is for a period longer than one year or indefinite, termination conditions.
6. In the case of a timed transaction, the previous paragraph applies only to the first delivery.
7. Each contract is concluded on the condition that the relevant products are sufficiently in stock (condition precedent).

Article 6 – Right of withdrawal

Upon product delivery:

1. The consumer has the right to withdraw from the contract within 14 days without giving any reason when purchasing a product. This period starts the day after the product is delivered to the consumer or to the representative previously designated and notified to the seller by the consumer.
2. During the reflection period, the consumer will handle the product and packaging with care. The product will only be opened or used to the extent necessary to assess whether they want to keep it. If the right of withdrawal is exercised, the product will be returned with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the seller.
3. When the consumer wants to exercise the right of withdrawal, they must notify the seller within 14 days after receiving the product. The notification can be made using the model form or another communication tool such as email. After notifying the intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the product was returned on time, for example with a shipping receipt.
4. If the customer does not notify the use of the right of withdrawal at the end of the periods specified in paragraphs 2 and 3 or does not return the product to the seller, the purchase is considered final.

In service delivery:

1. For services, the consumer may withdraw from the contract without any reason for at least 14 days from the date the contract was concluded.
2. To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions given by the seller in the offer and/or at the latest at the time of delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises the right of withdrawal, at most the return shipping costs are borne by the consumer.
2. If the consumer has made a payment, the seller shall refund this amount as soon as possible after withdrawal, but no later than 14 days. For this, the product must have reached the seller or definitive proof of full refund must be provided. The refund is made using the same payment method used by the consumer; if the consumer explicitly agrees to a different method, a different method may be used.
3. If the product is damaged due to the consumer's careless handling, the consumer is responsible for the depreciation of the product.
4. If the seller has not provided all legally required information regarding the right of withdrawal (this must be done before the purchase contract is concluded), the consumer cannot be held responsible for the depreciation of the product.

Article 8 – Exceptions to the right of withdrawal

1. The seller may exclude the consumer's right of withdrawal for the products specified in paragraphs 2 and 3. The exclusion of the right of withdrawal is valid only if the seller has clearly or at the latest timely before the contract is concluded stated this in the offer.
2. Exclusion of the right of withdrawal is only possible for the following products:
   • products produced according to the consumer's specifications;
   • products that are clearly personal in nature;
   • products that cannot be returned due to their nature;
   • perishable or expired products;
   • products with prices dependent on financial market fluctuations beyond the seller's control;
   • single newspapers and magazines;
   • audio and video recordings and computer software whose packaging/protection has been opened;
   • hygienic products with the seal broken.
3. Exclusion of the right of withdrawal is only possible for the following services:
   • accommodation, transportation, restaurant management, or leisure activities to be performed on a specific date or period;
   • services started with the consumer's explicit consent before the reflection period expires;
   • betting and lotteries.

Article 9 – Price

1. During the validity period specified in the offer, product and/or service prices shall not be increased; price changes resulting from changes in VAT rates are excluded.
2. As an exception to the previous paragraph, products or services whose prices depend on financial market fluctuations and change beyond the seller's control may be offered with variable prices. The dependency on these fluctuations and the possibility that the stated prices may be target/guide prices are indicated in the offer.
3. Price increases within 3 months from the conclusion of the contract are only possible if they arise from legal regulations.
4. Price increases after 3 months from the conclusion of the contract are only possible if the seller has decided so and:
   • if it arises from legal regulations; or
   • the consumer has the right to terminate the contract from the date the price increase takes effect
   is possible.
5. Prices stated in the product or service offer include VAT.
6. All prices are valid subject to printing/typesetting errors. No liability is accepted for the consequences of printing/typesetting errors. In case of a printing/typesetting error, the seller is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

1. The seller guarantees that the products and/or services comply with the contract, the features specified in the offer, reasonable quality and usability requirements, and the legal provisions and/or official regulations in force at the time the contract was concluded. If there is an agreement, the seller also guarantees that the product is suitable for uses other than normal use.
2. Any warranty provided by the seller, manufacturer, or importer does not affect the consumer's legal rights and claims arising from the contract.
3. Any defects or incorrectly delivered products must be reported in writing to the seller within 2 months from delivery. Returns of products must be made in their original packaging and in new condition.
4. The seller's warranty period is the same as the manufacturer's warranty period. However, the seller is never responsible for the suitability of the products for each individual use by the consumer or for recommendations regarding the use of the products.
5. The warranty is not valid in the following cases:
   • the consumer repairing and/or modifying the products themselves or having third parties do so;
   • exposure of the products to abnormal conditions, careless use, or use contrary to the seller's instructions and/or the instructions on the packaging;
   • the defect arises wholly or partially from rules imposed or to be imposed by the state regarding the nature or quality of the material.

Article 11 – Delivery and performance

1. The seller shall exercise the utmost care when accepting and fulfilling product orders and when evaluating service applications.
2. The place of delivery is the address notified by the consumer to the company.
3. Subject to paragraph 4 of this article, the company shall fulfill accepted orders as soon as possible, but no later than 30 days; if the consumer has accepted a longer delivery time, this period shall apply. If delivery is delayed or an order cannot be fulfilled wholly or partially, the consumer shall be informed no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract without cost. The consumer has no right to compensation.
4. All delivery times are estimates. The consumer cannot claim rights based on the specified times. Delay does not give rise to a right to compensation.
5. In case of termination according to paragraph 3 of this article, the seller shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days.
6. If delivery of an ordered product is impossible, the seller will make efforts to offer an alternative product. At the latest upon delivery, it will be clearly and understandably communicated that an alternative product is being delivered. The right of withdrawal cannot be excluded for alternative products. Possible return costs are borne by the seller.
7. The risk of damage to and/or loss of products belongs to the seller until delivery to the consumer or to the consumer's representative previously designated and notified to the seller; unless otherwise explicitly agreed.

Article 12 – Fixed-term transactions: duration, termination, and extension

Termination

1. The consumer may terminate a contract made for an indefinite period and aimed at regular delivery of products (including electricity) or services at any time, complying with the agreed termination rules and a notice period of at most one month.
2. The consumer may terminate a contract made for a fixed term and aimed at regular delivery of products (including electricity) or services at the end of the fixed term, complying with the agreed termination rules and a notice period of at most one month.
3. The consumer may terminate the contracts specified in the above paragraphs:
   • can always be terminated and cannot be limited by termination tied to a specific time or period;
   • can be terminated in the same way as the method by which the contract was concluded at least;
   • can always be terminated with the same notice period as the notice period stipulated by the seller for themselves.

Extension

1. A contract made for a fixed term and aimed at regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
2. As an exception to the previous paragraph, a fixed-term contract aimed at regular delivery of daily/weekly newspapers and magazines can be tacitly extended for a maximum of three months, with the consumer able to terminate it at the end of the extension period with a notice period of at most one month.
3. A contract made for a fixed term and aimed at regular delivery of products or services can only be tacitly extended for an indefinite period; in this case, the consumer can always terminate it with a notice period of at most one month. If the contract aims at delivering daily/weekly newspapers and magazines less frequently than monthly, the notice period can be at most three months.
4. Limited-time trial/promotion subscriptions for daily/weekly newspapers and magazines are not automatically renewed and will terminate automatically at the end of the trial/promotion period.

Duration

1. If the contract duration exceeds one year, the consumer may terminate the contract at any time after one year with a maximum notice period of one month; however, this does not apply if fairness and good faith rules oppose termination before the agreed period ends.

Article 13 – Payment

1. Unless otherwise agreed, amounts payable by the consumer must be paid within 7 working days from the start of the reflection period specified in Article 6/1. In service contracts, this period starts from the moment the consumer receives contract approval.
2. The consumer is obliged to immediately notify the seller of any errors in the provided or specified payment information.
3. In case of consumer default, the seller has the right, subject to legal limitations, to claim reasonable costs previously notified to the consumer.

Article 14 – Complaint procedure

1. The seller has a sufficiently publicized complaint procedure and handles the complaint in accordance with this procedure.
2. Complaints regarding the performance of the contract must be communicated fully and clearly to the seller within 2 months after the consumer detects the defect.
3. Complaints submitted to the seller will be answered within 14 days of receipt. If it is expected that the complaint will require a longer processing time, the seller will send an acknowledgment of receipt within 14 days and inform when a more detailed response will be given.
4. If the complaint cannot be resolved by mutual agreement, the dispute becomes subject to the dispute resolution procedure.
5. In complaints, the consumer should first contact the seller. If the web store is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer can contact Stichting WebwinkelKeur (www.webwinkelkeur.nl) should be applied to; this organization provides free mediation. You can check this store's active membership at: https://www.webwinkelkeur.nl/ledenlijst/If no solution is found again, the consumer may take the complaint to an independent dispute committee appointed by Stichting WebwinkelKeur; the committee's decision is binding and both the seller and the consumer accept this binding decision. The costs of applying to this committee are borne by the consumer. Complaints can also be reported via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the seller's obligations; unless the seller states otherwise in writing.
7. If a complaint is found justified by the seller, the seller preferably replaces or repairs the delivered products free of charge.

Article 15 – Disputes

1. Only Dutch law applies to contracts covered by these general terms between the seller and the consumer, even if the consumer resides abroad.
2. The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or different provisions

Additional or different provisions to these general terms cannot be to the detriment of the consumer and must be recorded in writing or presented in a way that the consumer can easily save on a durable data carrier.