Terms and conditions

Last updated on 09-20-2022 version 54665

General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply

Withdrawal period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Transaction Duration: a distance contract relating to a series of products and/or services, the delivery and/or purchase of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.


General Terms and Conditions: the present general terms and conditions of the entrepreneur.

Article 2 - Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded and every order placed between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.
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 will 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 inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions shall remain in force for the rest and the provision in question shall be replaced without delay by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions should be judged "in the spirit" of these general terms and conditions. Unclear interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 3 - The offer
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

The offer is without obligation. The entrepreneur has the right to change and adapt the offer.

The offer contains a complete and accurate description of the product offered. The description is so detailed that a proper assessment of the offer by the buyer is possible. Obvious mistakes or errors in the offer do not bind the entrepreneur. The images and specific data in the offer are only an indication and cannot be a reason for compensation or dissolution of the agreement (at a distance). The entrepreneur cannot guarantee that the depicted colors correspond exactly to the actual colors of the product.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Delivery times on the trader's website are indicative and do not entitle the buyer to dissolve the agreement or compensation if exceeded, unless expressly agreed otherwise.

Errors in entering shipping information cannot be recovered from the entrepreneur. As soon as the consumer enters incorrect information, the consumer is responsible for it. Therefore, the cost of resending the products ordered by the consumer is the responsibility of the buyer/consumer.

* The buyer should send an e-mail or message to the entrepreneur as soon as possible if there is an error in the address. This way, any errors in the address can be corrected before the order is processed.

The Buyer shall ensure that all information which the Company indicates is necessary or which the Buyer should reasonably understand is necessary for the performance of the Agreement is provided to the Company in a timely manner. 3. If the Company does not have the information required for the performance of the Contract in a timely manner, the Company has the right to suspend performance of the Contract and/or to charge the Buyer for the additional costs resulting from the delay in accordance with the usual rates.
The Company is not liable for any damages, of whatever nature, resulting from the Company's reliance on inaccurate and/or incomplete information provided by the Buyer, unless such inaccuracy or incompleteness was known to the Company.

The Buyer indemnifies the Company against any claims by third parties who suffer damages in connection with the performance of the Contract which can be attributed to the Buyer.

The Buyer is required to take delivery of the Products at the time they are made available to him in accordance with the Contract, even if they are offered to him earlier or later than agreed.

If the Buyer refuses to take delivery or fails to provide the information or instructions necessary for delivery, the Company has the right to store the items at the Buyer's expense and risk.

The Buyer is responsible for the importation and payment of VAT and any import duties of the products purchased by the Buyer.

The Buyer is obliged to examine how the product is to be used and, in case of personal use, to test the product according to the instructions for use. The entrepreneur accepts no liability for misuse of the product by the buyer, nor for incorrect advice given by the buyer to the buyer's customers.

The entrepreneur does not guarantee that the products meet the specifications stated in the offer, their usability and/or soundness and the legal regulations/provisions at the time of the conclusion of the agreement. The entrepreneur does not guarantee the existence of defects in the delivered items, but strives and will endeavor to deliver the delivered items in accordance with the agreement. The actual shelf life of the long-life products cannot be guaranteed.

The entrepreneur points out that certain products, including external care products, have a limited shelf life, which is always indicated on the respective product. The buyer must take this shelf life into account, whereby the quality and safety of the product can be guaranteed in accordance with the manufacturer's warranty.

The entrepreneur is in no way responsible for additional effects when using the purchased products and advises each user to thoroughly read
the ingredients and instructions for use before applying to the body.
The user should consult a doctor or pharmacy before using the external care products to avoid possible infections and other complaints.

If the entrepreneur has specified a delivery period, this is indicative. For deliveries outside the Netherlands, longer delivery times than indicated on the website apply. This period depends on the delivery time of the supplier.

Each offer contains such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;

any shipping costs;

the manner in which the agreement is concluded and what actions are required for this;

whether or not the right of withdrawal is applicable;

the method of payment, delivery and performance of the agreement;

the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;

the manner in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, can correct them;

any languages other than Dutch in which the agreement can be concluded;

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, type of material.

Article 4 - The contract
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the attached conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating his reasons.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

a. the email address of the branch of the entrepreneur where the consumer can go with complaints;

b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information on guarantees and existing after-sales service;

d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 5 - Right of withdrawal
When purchasing products, the consumer has the option of dissolving the agreement, giving reasons, for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the reflection period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he should make this known to the entrepreneur within 14 days after receipt of the product. The consumer should make this known by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days of receipt. The consumer must prove that the delivered goods have been returned in a timely manner, for example through proof of shipment (track and trace code) and is responsible for the proper delivery of the return shipment.

If the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the company after the expiration of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.


If the consumer exercises his right of withdrawal, the cost of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the company will refund this amount, excluding shipping costs, as soon as possible, but no later than 14 days after the withdrawal, unless it concerns a damaged or incomplete item. The condition is that the product has already been received back by the entrepreneur or that conclusive evidence of complete return can be presented.

Article 7 - Exclusion of the right of withdrawal
4. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the trader has clearly stated this in the offer, at least in good time before concluding the contract.

Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the entrepreneur in accordance with the consumer's specifications;

b. that are clearly personal in nature;

c. by their nature can not be returned;

d. that spoil or age quickly;

e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygiene products of which the consumer has broken the seal. (Internally worn electronics such as in-ear headsets)

Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;

b. whose delivery has started with the express consent of the consumer before the withdrawal period has expired;

c. relating to betting and lotteries.

Article 8 - The price
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 due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:

a. they are the result of legal regulations or provisions; or

b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

If the buyer receives a letter regarding import duties or the provision of payment details, he should communicate this directly with the selling party (Nomardic). If the buyer decides to handle the goods in question himself, the buyer is also responsible for payment of import duties.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 9 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of conclusion of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.

Any defects or incorrectly delivered products should be reported in writing to the entrepreneur within 2 days after delivery. The products should be returned in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

In the event of questions regarding the use of care products and the effect of certain ingredients, and their suitability for the purchaser, the purchaser may generally address the entrepreneur, or seek specific advice from his own physician or general practitioner.

The warranty does not apply if:

The consumer has repaired and/or processed the delivered products himself or had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or have been applied to the packaging;

The shortcoming is entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 10 - Delivery and execution
The company will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company. The consumer himself is responsible for correctly providing his address details. The company cannot be held liable for any costs resulting from inaccuracies in the address details provided by the consumer.

Subject to what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without cost.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall in no case be borne by the entrepreneur.

The risk of damage and / or loss of products rests until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.

In case of a purchase agreement, the buyer explicitly authorizes the entrepreneur to use and publish all purchases sent by him on Social Media and Nomardic's website for promotional and/or advertising purposes.

Submariner may unilaterally amend these general terms and conditions.

If the Buyer provides the Company with electronic files, software or data carriers, the Buyer guarantees that these are free of viruses and defects.

Article 11 - Duration transactions: duration, termination and extension

Termination
The consumer may terminate an open-ended contract concluded for the regular supply of products (including electricity) or services at any time subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed term in compliance with the agreed termination rules and a notice period not exceeding one month.

The consumer may use the agreements mentioned in the preceding paragraphs:

The Supplier shall terminate at any time and not be limited to termination at a specific time or in a specific period;

at least in the same way as they were entered into by him;

always terminate with the same notice as the entrepreneur has stipulated
for himself.

Renewal
A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a fixed term not exceeding three months if the consumer gives notice of termination of this renewed contract by the end of the renewal with a notice period not exceeding one month.

A fixed-term contract for the regular supply of products or services may be tacitly renewed indefinitely only if the consumer has the right to terminate the contract at any time with not more than one month's notice and not more than three months' notice if the contract concerns the regular supply of daily or weekly newspapers or magazines, but less than once a month.

A fixed-term contract for the regular supply of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically at the end of the trial or introductory period.

Duration
If a contract has a duration of more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 12 - Payment Unless
otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the beginning of the reflection period referred to in Article 6(1). In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in the payment data provided or mentioned to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

Article 13 - Identity of the company
Nomardic
Info@Nomardic.com

Article 14 - Complaint procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 days after the consumer has discovered the defects.

The entrepreneur is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss, missed savings, damage due to business stagnation and damage as a result of the use of products supplied by Nomardic. For consumers, the limitation extends to what is permitted under Article 7:24 paragraph 2 of the Civil Code.

The entrepreneur is not liable for damage which is or may be the result of any act or omission as a consequence of (incomplete and/or incorrect) information on the website(s) or linked websites.

The entrepreneur explicitly rejects all liability and claims of buyers and third parties who have suffered (physical) damage due to the use of the products. The products may only be used in accordance with the instructions for use and may not exceed the daily amount. In case of use of medications, the Buyer must consult his or her physician at all times.

Any advice given by the entrepreneur on the use of the products is only general and without obligation. Each Buyer is responsible for assessing whether the product is suitable for him. If in doubt, please contact the buyer's physician for an assessment of use in the specific case.

External care products and electrical appliances should be kept out of the reach of young children. In addition, the products must be stored in accordance with the instructions for use as established for each product. The entrepreneur recommends consulting an expert before using the external care products in case of pregnancy, lactation, use of medication and in case of doubt about hypersensitivity to any of the ingredients.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found by the entrepreneur to be justified, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes
On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law applies. Even if the consumer lives abroad.

Article 16 - Intellectual property rights
All Nomardic publications, expressions (texts, images, videos and other graphics) are protected by copyright and other intellectual property rights. They may only be used for personal and non-commercial use. Use of these expressions and publications owned by Nomardic is permitted only with the written consent of Nomardic.


Liability

If the performance of the Contract by the Company leads to liability of the Company to the Buyer or third parties, such liability shall be limited to the costs charged by the Company in connection with the Contract. The liability is in any case limited to the maximum amount of compensation paid by the insurance company per situation.

The entrepreneur cannot be held liable for products that are not delivered because one was not at home. For all orders, 3 delivery attempts will be made, if you are not home 3 times and did not pick up the package at a PostNL location where it was delivered, the entrepreneur does not have to refund the full purchase price once the customer gets his money back. This is due to shipping and handling costs.


The entrepreneur's liability is also limited to repairing a defective item free of charge or replacing it - or part of it - at the entrepreneur's discretion.

The entrepreneur is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss, missed savings, damage due to business stagnation and damage resulting from the use of products supplied by the entrepreneur. For consumers, the limitation extends to what is allowed under Article 7:24 paragraph 2 of the Civil Code.

The entrepreneur is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.

The entrepreneur is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or unavailability of the website for any reason.

The entrepreneur is not responsible for the correct and complete transmission of the content of and e-mail sent by/on behalf of the entrepreneur, nor for its timely receipt.

All claims of the Buyer due to shortcomings of the Company expire if they have not been reported to the Company in writing, stating reasons, within one year after the Buyer was aware or could reasonably have been aware of the facts on which he bases his claims.

The Company expressly rejects all liability and claims of Buyers and third parties who have suffered (physical) damage due to the use of the products. The products may only be used in accordance with the instructions for use and may not exceed the daily amount. In case of use of medications, the Buyer must consult his or her physician at all times.

Any advice given by the entrepreneur on the use of the products is only general and without obligation. Each Buyer is responsible for assessing whether the product is suitable for him. If in doubt, please contact the buyer's physician for an assessment of use in the specific case.

To clarify, the purchaser should always contact their physician to see if the product is suitable for their personal use. This contact should take place before the purchased products are put into use.
The entrepreneur is in no way responsible and cannot be held liable for the consequences or side effects of his or her products. The use of the purchased products is always at the user's risk and should always be discussed with a professional/competent person (family doctor or physician).

External care products and electrical appliances should be kept out of the reach of young children. In addition, products must be stored in accordance with the instructions for use as established for each product. The entrepreneur recommends consulting an expert before using the external care products in case of pregnancy, lactation, medication use and in case of doubt about hypersensitivity to any of the ingredients.