Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR ONLINE SALES

Article 1: Definitions

1. Be The Best You – NorahLux, located in Deurne, Chamber of Commerce number 72738448, is referred to in these general terms and conditions as the seller.
2. The other party to the seller is referred to in these general terms and conditions as the buyer.
3. Parties are the seller and buyer together.
4. The agreement refers to the purchase agreement between the parties.

Article 2: Identity of the entrepreneur

Name of entrepreneur: NorahLux

Registered & visiting address:
Ferdinand Bolstraat 24A
5753BL Deurne

Customer Service Phone Number: 0624925740

Availability: Monday to Friday from 10:00 AM to 5:00 PM

Email address: info@norahlux.com

Chamber of Commerce number: 72738448
VAT identification number: 001886542B75

Article 3: Applicability of general terms and conditions

1. These terms and conditions apply to all quotes, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
2. Deviation from these terms and conditions is only possible if expressly agreed upon in writing by the parties.

Article 4: Payment

1. The full purchase price is always paid immediately in the shop. For reservations, a down payment is expected in some cases. In that case, the buyer receives proof of the reservation and the advance payment.
2. If the buyer does not pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend obligations until the buyer has fulfilled their payment obligation.
3. If the buyer remains in default, the seller will proceed with collection. The costs related to that collection shall be borne by the buyer. These collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, seizure, or suspension of payments of the buyer, the seller’s claims against the buyer are immediately due and payable.
5. If the buyer refuses to cooperate in the execution of the assignment by the seller, they are still obliged to pay the agreed price to the seller.

Article 5: Offers, quotes, and price

1. Offers are without obligation, unless a period for acceptance is mentioned in the offer. If the offer is not accepted within that set period, the offer expires.
2. Delivery times in quotes are indicative and do not entitle the buyer to dissolution or compensation if exceeded, unless the parties have expressly agreed otherwise in writing.
3. Offers and quotes do not automatically apply to repeat orders. Parties must agree on this expressly and in writing.
4. The price mentioned on offers, quotes, and invoices consists of the purchase price including the applicable VAT and any other government levies.
5. Goods purchased with a discount and purchases that do not contain a therapy lamp are not covered by the ‘Free health tips on request’ offer.

Article 6: Right of withdrawal

1. The consumer has the right to dissolve the agreement without giving reasons within 28 days after receiving the order (right of withdrawal). The period begins to run from the moment the (entire) order has been received by the consumer.
2. There is no right of withdrawal if the products have been custom-made according to their specifications or have a short shelf life.
3. The consumer can use withdrawal information from the seller. The seller is obliged to make this available to the buyer immediately after the buyer’s request.
4. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the unused and undamaged product with all delivered accessories and – if reasonably possible – in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7: Amendment of the agreement

1. If during the execution of the agreement it appears that for a proper execution of the assignment it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement is changed or supplemented, the time of completion of the execution may be affected. The seller will inform the buyer of this as soon as possible.
3. If the change to or supplementation of the agreement has financial and/or qualitative consequences, the seller will inform the buyer about this in writing in advance.
4. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or supplementation of the agreement results in an exceeding of this price.
5. In deviation from the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or supplementation is the result of circumstances that can be attributed to them.

Article 8: Delivery and transfer of risk

1. As soon as the purchased item has been received by the buyer, the risk passes from the seller to the buyer.

Article 9: Inspection, complaints

1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible period. In doing so, the buyer should investigate whether the quality and quantity of the delivered goods correspond to what the parties agreed upon, or at least that the quality and quantity meet the requirements that apply in normal (commercial) transactions.
2. Complaints regarding damage, shortages, or loss of delivered goods must be submitted in writing to the seller by the buyer within 10 working days after the day of delivery of the goods.
3. If the complaint is found to be justified within the set period, the seller has the right to either repair, redeliver, or refrain from delivery and send the buyer a credit note for that part of the purchase price.
4. Minor and/or industry-standard deviations and differences in quality, number, size, or finish cannot be held against the seller.
5. Complaints regarding a specific product have no influence on other products or parts belonging to the same agreement.
6. After the goods have been processed by the buyer, no more complaints will be accepted.

Article 10: Samples and models

1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
2. In agreements regarding real estate, the mention of the surface area or other dimensions and indications is also presumed to be intended only as an indication, without the item to be delivered having to correspond to it.

Article 11: Delivery

1. Delivery takes place ‘ex works/shop/warehouse’. This means that all costs are for the buyer.
2. The buyer is obliged to take delivery of the goods at the moment the seller delivers them or has them delivered, or at the moment these goods are made available to them according to the agreement.
3. If the buyer refuses delivery or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the item at the buyer’s expense and risk.
4. If the goods are delivered, the seller is entitled to charge any delivery costs.
5. If the seller needs data from the buyer for the execution of the agreement, the delivery time starts after the buyer has made this data available to the seller.
6. A delivery period specified by the seller is indicative. This is never a strict deadline. If the period is exceeded, the buyer must give the seller notice of default in writing.
7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. The seller is entitled to invoice these parts separately upon delivery in parts.

Article 12: Force majeure

1. If the seller cannot fulfill their obligations under the agreement, or cannot do so on time or properly due to force majeure, they are not liable for damage suffered by the buyer.
2. By force majeure, the parties mean in any case any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be required by the buyer, such as illness, war or threat of war, civil war and riot, acts of war, sabotage, terrorism, energy failure, flooding, earthquake, fire, company occupation, strikes, worker exclusion, changed government measures, transport difficulties, and other disruptions in the seller’s business.
3. Furthermore, the parties understand force majeure to mean the circumstance that supply companies on which the seller depends for the execution of the agreement do not fulfill their contractual obligations towards the seller, unless this can be blamed on the seller.
4. If a situation as referred to above occurs as a result of which the seller cannot fulfill their obligations towards the buyer, then those obligations are suspended for as long as the seller cannot fulfill their obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
5. In case the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only take place via a registered letter.

Article 13: Transfer of rights

1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Article 14: Retention of title and right of retention

1. The items present at the seller and delivered items and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can invoke their retention of title and take back the items.
2. If the agreed amounts to be paid in advance are not paid or not paid on time, the seller has the right to suspend the work until the agreed part has been paid. This is a case of creditor’s default. A delayed delivery cannot be held against the seller in that case.
3. The seller is not authorized to pledge the items falling under their retention of title nor to encumber them in any other way.
4. The seller undertakes to insure the items delivered to the buyer under retention of title and to keep them insured against fire, explosion, and water damage as well as against theft and to provide the policy for inspection upon first request.
5. If items have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The item will then not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency, or suspension of payments of the buyer, the buyer’s obligations are immediately due and payable.

Article 15: Liability

1. Any liability for damage arising from or related to the execution of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) concluded. This amount is increased by the amount of the deductible according to the relevant policy.
2. The liability of the seller for damage resulting from intent or deliberate recklessness of the seller or their managerial subordinates is not excluded.

Article 16: Obligation to complain

1. The buyer is obliged to report complaints about the work performed directly to the seller. The complaint contains as detailed a description as possible of the shortcoming, so that the seller is able to respond adequately.
2. If a complaint is justified, the seller is obliged to repair and possibly replace the item.

Article 17: Guarantees

1. If guarantees are included in the agreement, the following applies. The seller guarantees that the sold item conforms to the agreement, that it will function without defects, and that it is suitable for the use the buyer intends to make of it. This guarantee applies for a period of two calendar years after receipt of the sold item by the buyer.
2. The intended guarantee serves to establish such a distribution of risk between the seller and the buyer that the consequences of a breach of a guarantee are always entirely at the expense and risk of the seller and that the seller can never invoke Article 6:75 of the Dutch Civil Code regarding a breach of a guarantee. The provisions of the previous sentence also apply if the breach was known to the buyer or could have been known by performing an investigation.
3. The mentioned guarantee does not apply when the defect has arisen as a result of injudicious or improper use or when – without permission – the buyer or third parties have made or attempted to make changes or have used the purchased item for purposes for which it is not intended.
4. If the guarantee provided by the seller relates to an item produced by a third party, the guarantee is limited to the guarantee provided by that producer.

Article 18: Applicable law and competent court

1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where Be The Best You – NorahLux is established/practises/has its office is exclusively competent to take cognizance of any disputes between the parties, unless the law imperatively prescribes otherwise.
3. The applicability of the Vienna Sales Convention is excluded.
4. If in a legal procedure one or more provisions of these general terms and conditions are considered unreasonably burdensome, the remaining provisions remain in full force and effect.