Terms & Conditions

Terms & Conditions

These terms and conditions apply only to the NYI Webshop.

ARTICLE 1 – DEFINITIONS

In these conditions apply:
1. Entrepreneur: the natural or legal products and / or services to consumers;
2. Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
3. Distance contract means an agreement in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more communication techniques distance;
4. Technique for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room;
5. Grace period: The period within which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the ability for consumers to see within the waiting period of the contract;
7. Day: calendar;
8. Transaction Duration: a distance contract concerning a series of products and / or services, the supply and / or purchase is spread over time;
9. Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

NY Incredibles
Plaza 18
2134 BM Hoofddorp

 

Webshop: www.nyincredibles.com

ARTICLE 3 – Applicability

1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the contract is concluded at a distance, indicate that the general conditions for inspection at the trader’s premises and be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically will be made available to the consumer in such a way that by the consumer in a simple way can be stored on a durable data storage medium. If this is not reasonably possible, before the distance contract is closed, will indicate where to be aware of the general conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer can continue in the event of conflicting terms rely on the applicable provision for him This is the most favorable.

 

ARTICLE 4 – The offer

1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
3. Each offer contains such information that is clear to the consumer what rights and obligations which are attached to accepting the offer. This concerns in particular:
– The price including taxes;
– The possible cost of delivery;
– The manner in which the agreement will be achieved and what actions they require;
– To apply whether or not the right of withdrawal;
– The method of payment, delivery or performance of the contract;
– The deadline for accepting the offer, or the deadline for adhering to the price;
– The height of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the basic rate;
– If the contract is filed after conclusion, how this can be accessed by the consumer;
– The way the consumer to conclude the agreement by him popular acts can get informed, and the way he can recover before the contract is concluded;
– The possible languages, including Dutch, the contract may be entered;
– The conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
– The minimum duration of the distance contract in the event of a contract, including continuous or periodic delivery of products or services.

 

ARTICLE 5 – The contract

1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4. The trader may ‘within the law’ inform or the consumer can meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in order not to enter into the agreement, he is entitled to refuse or to attach special conditions to implement an order or request.
5. The entrepreneur will the product or service to the consumer the following information in writing or in such a way that it can be stored in an accessible manner to the consumer on a durable medium to send:
a. the address of the establishment of the business where consumers can lodge complaints;
b. the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after sales service and guarantees;
d. the data included in article 4 paragraph 3 of these conditions, unless the operator this information already provided to the consumer prior to concluding the contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur is committed to providing a range of products or services, the stipulation in the previous paragraph applies only to the first delivery.

 

ARTICLE 6A – RIGHT OF WITHDRAWAL DELIVERY OF PRODUCTS

1. When purchasing products, the consumer can terminate the agreement without giving reasons, during fourteen days. This period commences on the day following receipt of the product by or on behalf of the consumer.
2. During this period the consumer will treat the product and packaging. He will be the product only to unpack or use as necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he will the product with all accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, according to the trader provided reasonable and clear instructions.

 

ARTICLE 6B – RIGHT OF WITHDRAWAL TO PROVIDE SERVICES

1. When providing services, the Consumer has the option to terminate the agreement without giving reasons, during fourteen days starting on the day of entering into the agreement.

2. To exercise his right of withdrawal, the consumer focus to the trader to supply and / or appearance on delivery to area provided reasonable and clear instructions.

ARTICLE 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 14 days after the return or cancellation, refund.

 

ARTICLE 8 – EXCLUSION RIGHT OF WITHDRAWAL

1. If the consumer does not have a right of withdrawal may only be excluded by the entrepreneur entrepreneur submitted clearly in the offer, at least in time for the conclusion of the agreement stated.
2. Exclusion of the right of withdrawal is only possible for products:
a) which are established by the entrepreneur to the consumer’s specifications;
b) that are clearly personal in nature;
c) that can not be returned due to their nature;
d) that spoil or become obsolete;
e) whose price depends on fluctuations in the financial market over which the trader has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software that the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a) on accommodation, transport, catering or leisure services on a certain date or during a given period;
b) the supply with the express consent of the consumer before the period has expired;
c) on betting and lotteries.

 

ARTICLE 9 – PRICE

1. During the period mentioned in the offer have not increased the prices of the products and / or services, except for price changes resulting from changes in tax rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
a) they are the result of legislation or regulations; or
b) the consumer is authorized to terminate the agreement at the date the increase takes effect.
5. The supply of products or services mentioned prices include VAT.

 

ARTICLE 10 – COMPLIANCE AND WARRANTY

1. The Entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing laws on the date of the conclusion of the contract provisions and / or government regulations.
2. By the trader, manufacturer or importer as a guarantee scheme does not affect the rights and claims that consumers in respect of a failure to fulfill the obligations of the employer against the employer to claim under the law and / or the distance contract.

 

ARTICLE 11 – DELIVERY AND EXECUTION

1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for services.
2. The place of delivery is the address that the consumer makes known to the company.
3. Subject to what is stated in Article 4 of these terms and conditions, the company accepted orders expeditiously within 30 days unless a longer delivery period. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than one month after he has placed the order. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after repudiation.
5. If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement article. By the delivery will be that a replacement item is delivered in a clear and comprehensible manner. For replacement items right of withdrawal can not be excluded.
6. The risk of damage and / or loss of products until the time of delivery to the consumers in the business, unless otherwise expressly agreed.

 

ARTICLE 12 – Termcontracts

1. The consumer may contract for indefinite always denounce the applicable termination rules and a notice of up to one month.
2. A contract for a definite period has a maximum duration of two years. If it is agreed that the silence of the consumer distance contract will be extended, the agreement will be continued as a contract of indefinite duration and will continue after the notice of the agreement up to a month.

 

ARTICLE 13 – Payment

1. Unless subsequently agreed amounts owed by the consumer to be paid immediately upon purchase by Ideal, Paypal, Visa or Mastercard.
2. The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator.
3. In the event of default by the consumer, the operator subject to statutory limitations, the right to advance to the consumer made known to charge reasonable costs.

 

ARTICLE 14 – Complaints

1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the performance of the contract must promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects.
3. The entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then answered by the operator within the period of 14 days with a notice of receipt and an indication if the consumer can expect a more detailed answer.

 

ARTICLE 15 – Additional or different terms

Additional or different provisions of these terms may not be to the disadvantage of the consumer and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.