General Term
General Terms
Article 1 – Definitions
In these terms, the following terms shall have the following meanings:
Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
Consumer: a natural person who is not acting in the exercise of their profession or business and who enters into a distance contract with a trader;
Day: a calendar day;
Long-term contract: a distance contract for several products and/or services, the delivery and/or performance of which is spread over time;
Durable medium: any instrument which enables the consumer or the trader to store information addressed personally to him and which allows the unchanged reproduction of the information stored.
Right of withdrawal: the consumer's right to withdraw from a distance contract within the withdrawal period.
Trader: a natural or legal person who offers products and/or services to consumers from a distance.
Distance contract: a contract concluded exclusively through the use of one or more means of distance communication, where the contract is concluded in a distance sales system organized by the entrepreneur for the sale of products and/or services before the contract is concluded.
Means of distance communication: any means which, without the simultaneous physical presence of the consumer and the entrepreneur, may be used for the conclusion of a contract.
General terms and conditions: the general terms and conditions applicable to the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: DCP Commcerce
Chamber of Commerce number: 93450796
Trade name: DCP Commcerce
VAT number: NL005018160B27
Customer service email: Info@nivayork.com
Article 3 – Applicability
These general terms and conditions apply to all offers made by the contractor and to all distance contracts and orders placed between the contractor and the consumer.
Before the conclusion of a distance contract, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible, it must be stated before the conclusion of the distance contract that the general terms and conditions are available at the entrepreneur's premises and that they will be sent to the consumer free of charge at the consumer's request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the conclusion of the distance contract, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer shall be informed before the conclusion of the distance contract where the general terms and conditions are available electronically and that they will be sent to the consumer free of charge at his request, either electronically or in another way.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of a conflict, the consumer may always invoke the provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or become invalid, the contract and these terms and conditions shall remain in force in other respects, and the provision in question shall be replaced immediately by mutual agreement with a provision that corresponds as closely as possible to the meaning of the original provision.
Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
Any ambiguity regarding the interpretation or content of one or more of these terms and conditions shall be interpreted in the spirit of these general terms and conditions.
Article 4 – Offer
If the offer has a limited period of validity or is subject to certain conditions, this shall be expressly stated in the offer.
The offer is not binding. The trader is entitled to modify and adapt the offer.
The offer shall include a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to assess the offer properly. If the trader uses pictures, they shall be a true representation of the products and/or services offered. Obvious errors or omissions in the offer shall not be binding on the trader.
All images, technical data, and other information in the offer are indicative and cannot be used as grounds for compensation or termination of the contract.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown in the images accurately reflect the actual colors of the products.
Each offer includes information that clearly indicates to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:
the price, excluding customs duties and import taxes. These additional costs are the responsibility and risk of the customer. The postal and/or courier service uses a special postal and courier service arrangement for imports. This arrangement applies to the import of goods into an EU country, which is the destination in this case. The postal and/or courier service will charge the recipient of the goods for value added tax (possibly together with any customs charges invoiced);
any shipping costs;
the conclusion of the contract and the measures necessary for its conclusion;
the application of the right of withdrawal;
the method of conclusion of the contract;
the terms of payment, delivery and performance of the contract; the time limit for acceptance of the offer or the period during which the trader guarantees the price;
the price of distance communication, if the costs of using distance communication technology are calculated on a basis other than the normal basic price of the means of communication;
whether the contract will be filed after conclusion and, if so, how the consumer can access it;
the manner in which the consumer can check and, if he so wishes, correct the information he has provided when concluding the contract;
the languages in which the contract can be concluded, other than Dutch;
the code of conduct to which the trader has committed himself and the means by which the consumer can consult this code electronically; and
the minimum duration of the distance contract in the case of contracts for the supply of goods.
Optional: available sizes, colors, material types.
5 § Contract
Unless otherwise provided in paragraph 4, the contract is concluded at the moment when the consumer accepts the offer and fulfills the conditions stated in the offer.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, the company shall take appropriate technical and organizational measures to ensure the electronic transfer of data and a secure network environment. If the consumer can pay electronically, the company shall take appropriate security measures.
The entrepreneur may, within the limits of the law, obtain information about the consumer's ability to fulfill their payment obligations and about any factors that are relevant to the conclusion of a responsible distance contract. If, on the basis of this assessment, the trader has legitimate reasons for not concluding the contract, they have the right to reject the order or request, stating the reasons, or to impose special conditions for the performance of the contract.
The trader shall provide the consumer with the following information in writing or in such a way that the consumer can store it on an accessible durable medium:
- the address of the place of business where the consumer can address any complaints
- the conditions and manner in which the consumer can exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded
- information on guarantees and existing after-sales services
- the information referred to in the third paragraph of Article 4 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the conclusion of the contract
- the conditions for termination of the contract, if the contract is valid for more than one year or is valid indefinitely.
In the case of a continuing supply, the provision in the previous paragraph shall apply only to the first delivery.
Each contract shall be concluded subject to the condition that the products concerned are available in sufficient quantities.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. This withdrawal period begins on the day on which the consumer receives the product or the representative designated by the consumer and notified to the company in advance.
During the cooling-off period, the consumer shall handle the product and packaging with care. He may only open or use the product to the extent necessary to assess whether he wishes to keep it. If the consumer exercises his right of withdrawal, he must return the product 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.
If the consumer wishes to exercise their right of withdrawal, they must notify the retailer within 14 days of receiving the product. The consumer must notify the retailer in writing/by email. Once the consumer has notified the retailer of their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered products have been returned to their place of origin in time. This can also be done directly to our supplier in China. The customer can do this, for example, by sending proof of shipment.
If the customer has not notified us of their desire to exercise their right of withdrawal or returned the product to the retailer within the time limits specified in sections 2 and 3, the purchase is final.
7 § Costs of the right of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are entirely the responsibility of the consumer. Please note that this also applies to returns to the country of origin, i.e. to our supplier in China.
If the consumer has paid the amount, the retailer will refund this amount as soon as possible, but no later than 30 days after the cancellation. However, this requires that the online store has already received the product or that documents can be presented showing that the product has been returned in its entirety.
8 § Exceptions to the right of withdrawal
The company may exclude the consumer's right of withdrawal for the products described in sections 2 and 3. The exclusion of the right of withdrawal only applies if the company has clearly stated this in the offer, in any case in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products that
- have been manufactured by the trader in accordance with the consumer's specific requirements;
- are clearly personal in nature;
- which, by their nature, cannot be returned;
- which are liable to deteriorate or expire rapidly;
- whose price is determined by fluctuations in the financial market which cannot be influenced by the trader;
- in the case of loose-leaf publications and periodicals;
- in the case of audio and video recordings and computer software, where the consumer has unsealed the packaging.
- in the case of hygiene products, where the consumer has unsealed the packaging.
The right of withdrawal is excluded only for the following services:
- for accommodation, transport, catering services or leisure activities to be performed on a specific date or during a specific period;
- for which the performance has begun with the consumer's express consent before the end of the withdrawal period;
- relating to betting and lottery games.
Article 9 – Price
The prices of the products and/or services offered during the offer period shall not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial markets over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices quoted are indicative prices shall be mentioned in the offer.
Price increases within 3 months of the conclusion of the contract shall be permitted only if they are due to legislation or regulations.
Price increases within three months of the conclusion of the contract are only permitted if the contractor has agreed to them and:
- they are due to legislation or regulations; or
- the consumer has the right to terminate the contract from the date on which the price increase takes effect.
The place of delivery is the country where transport begins, in accordance with Section 5(1) of the 1968 Business Tax Act. In this case, delivery takes place outside the EU. Accordingly, the postal or courier service will charge the buyer import VAT or customs duties. Therefore, the contractor does not charge value added tax.
All prices are subject to printing and typing errors. We are not responsible for the consequences of printing and typing errors. In the event of printing and typing errors, the contractor is not obliged to deliver the product at the incorrect price.
10 § – Conformity and warranty
The contractor guarantees that the products and/or services comply with the agreement, the requirements stated in the offer, reasonable quality and/or performance requirements, and the laws and/or regulations in force at the time of the agreement. Under the contract, the contractor also guarantees that the product is suitable for other than normal use.
The warranty provided by the contractor, manufacturer, or importer does not affect the consumer's statutory rights and claims against the contractor under the contract.
Any defects or faulty products must be reported to the contractor in writing within 30 days of delivery. The products must be returned in their original packaging and in new condition.
The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the final suitability of the products for the consumer's individual use, nor for any advice given on the use or application of the products.
The warranty is not valid if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by a third party;
The delivered products have been exposed to unusual conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or the instructions on the packaging;
The defect is wholly or partly due to regulations imposed or to be imposed by the authorities concerning the nature or quality of the materials used.
11 § Delivery and performance
The contractor shall exercise the utmost care in receiving and executing orders for products.
The place of delivery shall be the address provided by the consumer to the company.
Unless otherwise specified in Article 4 of these general terms and conditions, the company shall deliver accepted orders within a reasonable time, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or the order cannot be delivered or can only be delivered in part, the consumer shall be informed of this no later than 30 days after the order was placed. In such cases, the consumer shall be entitled to cancel the contract without incurring any costs and to receive compensation.
In the event of cancellation in accordance with the previous paragraph, the trader shall be obliged to refund the consumer as soon as possible, but no later than 30 days after the cancellation.
If delivery of the ordered product proves impossible, the entrepreneur shall make every effort to make a replacement product available. At the latest upon delivery, it shall be clearly and comprehensively stated that a replacement product will be delivered. The right of withdrawal shall not apply to replacement products. Any return costs shall be borne by the entrepreneur.
The risk of damage and/or loss of the products shall remain with the entrepreneur until the products have been delivered to the consumer or to a representative designated in advance and known to the entrepreneur, unless otherwise expressly agreed.
Article 12 – Continuing contracts: duration, termination, and renewal
Termination
The consumer may terminate a contract concluded for a fixed period for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraph at any time:
termination at any time, without being restricted to a specific date or period;
at least in the same manner as he has used them;
always with the same notice period as the trader has set for himself.
Extension
A fixed-term contract for the regular supply of goods (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
By way of derogation from the previous paragraph, a fixed-term contract for the regular supply of newspapers, news magazines, periodicals, and periodical publications may be tacitly renewed for a fixed period not exceeding three months provided that the consumer may terminate this extended contract at the end of the extended period with a notice period of no more than one month.
A fixed-term contract for the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer may terminate the contract at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract concerns the regular supply of daily newspapers, news magazines, weekly magazines, and periodicals but less frequently than once a month.
A fixed-term contract for the regular delivery of daily newspapers, news magazines, weekly magazines and periodicals on a trial basis (trial subscription or introductory subscription) shall not be tacitly renewed but shall automatically expire at the end of the trial or introductory period.
Duration
If the contract is for a period 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 fairness and equity require that termination before the end of the agreed period is unreasonable.
Article 13 – Payment
Unless otherwise agreed, the consumer's debt shall be payable within seven working days of the end of the cooling-off period referred to in the first paragraph of Article 6. In the case of a contract for the provision of services, this period shall begin to run from the moment the consumer receives confirmation of the contract.
The consumer shall be obliged to inform the company without delay of any incorrect or incomplete payment details.
If the consumer fails to make payment, the company shall be entitled to claim reasonable costs, which shall be notified to the consumer in advance, unless otherwise provided by law.
14 § Handling of complaints
Complaints concerning the performance of the agreement must be submitted to the trader within 7 days of the consumer becoming aware of the shortcomings, and the complaint must be complete and clearly described.
Complaints sent to the entrepreneur must be responded to within 30 days of receipt. If the processing of the complaint is expected to take longer, the entrepreneur must respond within 30 days by confirming receipt of the complaint and informing the consumer when they can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises which can be referred to a dispute resolution procedure.
The complaint does not suspend the contractor's obligations, unless the contractor states otherwise in writing.
If the contractor considers the complaint to be justified, the contractor shall replace or repair the delivered products at its own discretion and at no cost.
15 § Disputes
Agreements between the contractor and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies to consumers residing abroad.