Terms and conditions

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of Shoppsense

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Consumer's Obligations During the Cooling-Off Period

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs

Article 9 - Obligations of shoppsense.nl upon Withdrawal

Article 10 - Exclusion of Right of Withdrawal

Article 11 - The Price Article

Article 12 - Performance and Additional Warranty

Article 13 - Delivery and Execution

Article 14 - Duration Transactions: Duration, Termination, and Extension

Article 15 - Payment

Article 16 - Complaints Procedure

Article 17 - Disputes

Article 18 - Additional or Deviating Provisions

 

 

 Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Additional Agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these items, digital content and/or services are supplied by Shoppsense or by a third party based on an agreement between that third party and Shoppsense.
  2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
  3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity.
  4. Day: calendar day.
  5. Digital content: data produced and delivered in digital form.
  6. Duration contract: an agreement that entails the regular delivery of goods, services, and/or digital content over a specific period.
  7. Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation or use for a period tailored to the purpose for which the information is intended, and that allows for the unchanged reproduction of the stored information.
  8. Right of withdrawal: the consumer's ability to cancel the distance contract within the cooling-off period.
  9. Distance contract: an agreement concluded between Shoppsense and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby, up to and including the conclusion of the agreement, exclusive or partial use is made of one or more remote communication techniques.
  10. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions.
  • Shoppsense: the legal entity as further defined in Article 2, which offers products, (access to) digital content and/or services remotely to consumers as set out under these general terms and conditions.
  1. Remote communication technique: means that can be used to conclude an agreement without the consumer and entrepreneur needing to be simultaneously present in the same room.

 

 Article 2 – Identity of Shoppsense

Entrepreneur's Name: norvara.nl

Registered Address: Stein van Malsenstraat 4

                              9842 PT Niezijl

Email address: info@shoppsense.nl

Chamber of Commerce number: 94696853

VAT identification number: NL005102564B95

 

 Article 3 – Applicability

  1. These general terms and conditions apply to every offer from Shoppsense and to every distance contract concluded between the entrepreneur and the consumer. Lorem I
  2. 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, Shoppsense will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at Shoppsense and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
  4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.

 

Article 4 – The Offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Shoppsense uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind Shoppsense.
  3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

 

 Article 5 – The Agreement

The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions thereby set.

  1. If the consumer has accepted the offer electronically, Shoppsense will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Shoppsense, the consumer can dissolve the agreement. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel an agreement; however, the consumer can exercise the right of withdrawal (Article 6).
  2. If the agreement is concluded electronically, Shoppsense will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Shoppsense will observe appropriate security measures.
  3. Shoppsense can - within legal frameworks - inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Shoppsense has good grounds not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
  4. Shoppsense will send the following information to the consumer, at the latest upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier.

 

  1. The visiting address of Shoppsense's establishment where the consumer can lodge complaints.
  2. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
  3. Information about warranties and existing after-sales service.
  4. The price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract.
  5. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  6. If the consumer has a right of withdrawal, the model withdrawal form.
  7. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

 

 Article 6 – Right of Withdrawal

  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 (fourteen) days without giving reasons. Shoppsense may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
  2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
  3. When the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Shoppsense may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
  4. When the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
  5. For agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, received the first product.
  6. For services and digital content not supplied on a tangible medium.
  7. The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a period of at least 14 days without giving reasons. Shoppsense may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
  8. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
  9. Extended cooling-off period for products, services, and digital content not supplied on a tangible medium if not informed about the right of withdrawal:
  10. If Shoppsense has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  11. If Shoppsense has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

 

Article 7 – Obligations of the consumer during the cooling-off period

  1. 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 establish the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for the diminished value of the product if Shoppsense has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

  1. When the consumer exercises his right of withdrawal, he reports this to Shoppsense within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) Shoppsense. This is not necessary if Shoppsense has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Shoppsense.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If Shoppsense has not informed the consumer that he must bear these costs or if Shoppsense indicates that it will bear the costs itself, the consumer does not have to bear the costs for returning the product.
  6. The consumer does not bear costs for the full or partial delivery of digital content not supplied on a tangible medium, if it has not expressly consented to the commencement of the performance of the agreement before the end of the cooling-off period.
  7. When it has not acknowledged that it loses its right of withdrawal upon granting its consent, or Shoppsense has failed to confirm this declaration from the consumer.
  8. When the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.

 

Article 9 – Obligations of Shoppsense upon withdrawal

 

  1. When Shoppsense makes the consumer's withdrawal notification possible electronically, it will send an immediate confirmation of receipt after receiving this notification.
  2. Shoppsense will reimburse all payments from the consumer, including any delivery costs charged by Shoppsense for the returned product, without delay, but within 14 (fourteen) days following the day on which the consumer notifies him of the withdrawal. Unless Shoppsense offers to collect the product itself, it may wait with repayment until it has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
  3. Shoppsense uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Shoppsense does not have to refund the additional costs for the more expensive method.

 

Article 10 – Exclusion of right of withdrawal

  1.    Shoppsense can exclude the following products and services from the               right of withdrawal, but only if Shoppsense has clearly stated this in the offer,             or at least in good time before the conclusion of the agreement.                   2.  Products or services whose price is subject to fluctuations in the                  financial market over which Shoppsense has no control and which may                occur within the withdrawal period.

3. Agreements concluded during a public auction. A public auction is understood to be a sales method where Shoppsense offers products, digital content, and/or services to consumers who are personally present or are given the opportunity to be personally present at the auction, under the guidance of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content, and/or services.

  1. Service agreements, after full performance of the service, but only if the performance has begun with the consumer's express prior consent.
  2. The consumer has declared that they waive their right of withdrawal once Shoppsense has fully performed the agreement.
  3. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and is not for residential purposes, goods transport, car rental services, and catering.
  4. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof.
  5. Products manufactured according to consumer specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person.
  6. Products that spoil quickly or have a limited shelf life.
  7. Sealed products that are not suitable for return for reasons of health protection or
    hygiene and whose seal has been broken after delivery.
  8. Products that, after delivery, are irrevocably mixed with other products due to their nature.
  9. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which Shoppsense has no influence.
  10. Sealed audio, video recordings, and computer software, whose seal has been broken after delivery.
  11. Newspapers, periodicals, or magazines, with the exception of subscriptions thereto.
  12. The supply of digital content not on a tangible medium, but only if the performance has begun with the consumer's express prior consent and the consumer has declared that they thereby waive their right of withdrawal.

Article 11 – The price

  1. 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 resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, Shoppsense may offer products or services whose prices are subject to fluctuations in the financial market and over which Shoppsense has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if Shoppsense has stipulated this and they are the result of legal regulations or provisions.
  5. The consumer has the right to terminate the agreement as of the day the price increase takes effect.
  6. The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of agreements, extra guarantee

  1. Shoppsense guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Shoppsense also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee provided by Shoppsense, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against Shoppsense on the basis of the agreement if Shoppsense has failed to fulfill its part of the agreement.
  3. An extra guarantee is understood to mean any commitment by Shoppsense, its supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event that they have failed to fulfill their part of the agreement.

Article 13 – Deliveries and execution

  1. Shoppsense will observe the greatest possible care in receiving and executing product orders and in assessing applications for services.
  2. The place of delivery is the address that the consumer has made known to Shoppsense.
  3. With due observance of what is stated in article 4 of these general terms and conditions, Shoppsense will execute accepted orders with due speed, yet no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notice thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, Shoppsense will immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with Shoppsense until the moment of delivery to the consumer or a previously designated and to Shoppsense known representative, unless expressly agreed otherwise.

Article 14 – Duration of transactions: duration, cancellations and/or extension

  1. The consumer can terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products or services at any time, with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement entered into for a definite period and which provides for the regular delivery of products or services at any time at the end of the definite period, with due observance of the agreed cancellation rules and a notice period of no more than one month.
  3. The consumer can terminate the agreements mentioned in the previous paragraphs at any time and is not limited to termination at a specific time or in a specific period.
  4. Terminate at least in the same way as these agreements were entered into by him.
  5. Always terminate with the same notice period as Shoppsense has stipulated for itself.

Extension:

  1. An agreement entered into for a definite period and which provides for the regular delivery of products or services may not be tacitly extended or renewed for a definite period.
  2. Notwithstanding the previous paragraph, an agreement entered into for a definite period may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  3. An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month.
  4. If an agreement has a duration 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 15 – Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 (fourteen) days after the commencement of the reflection period, or in the absence of a reflection period within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to Shoppsense.
  4. If the consumer does not meet his payment obligation(s) in time, he will owe the statutory interest on the outstanding amount after Shoppsense has pointed out the late payment and Shoppsense has granted the consumer a period of 14 (fourteen) days to still meet his payment obligations, and if payment is not made within this 14-day period, Shoppsense is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the next € 5,000, with a minimum of € 40. Shoppsense may deviate from the aforementioned amounts and percentages to the benefit of the consumer.

Article 16 – Complaints procedure

  1. Shoppsense has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to Shoppsense fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to Shoppsense will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeably longer processing time, Shoppsense will respond within the 14 (fourteen) day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

Article 17 – Disputes

  1. Agreements between Shoppsense and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where Shoppsense has its registered office.

Article 18 – Additional or deviating provisions

  1. Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.