General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession and who enters into a distance contract with the company;
Day: calendar day;
Continuous contract: a distance contract for a series of products and/or services for which the obligation to deliver and/or purchase is spread over time;
Durable data carrier: any tool that enables the consumer or the company to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Company: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organized by the company for distance selling of products and/or services, whereby up to and including the moment of conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding a contract without the consumer and the company being together in the same place at the same time;
General Terms and Conditions: these present general terms and conditions of the company.

Article 2 – Identity of the Company

Noelle-Toronto
Email: info@noelletoronto.com
Chamber of Commerce number: 85529265
VAT identification number: NL004111478B40

Article 3 – Applicability

These General Terms and Conditions apply to every offer by the company and to every distance contract and order concluded between the company and the consumer.
Before the distance contract is concluded, the consumer is provided with the text of these General Terms and Conditions. If this is not reasonably possible, the company will indicate, before the distance contract is concluded, how the General Terms and Conditions can be inspected at the company and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be supplied to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, 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.
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 apply mutatis mutandis, and in the event of conflicting conditions the consumer may rely on the provision that is most favorable to them.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the remaining provisions will continue to apply, and the relevant provision will be replaced by mutual agreement by a provision that approximates the original as closely as possible.
Situations not regulated in these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.
Ambiguities about the interpretation or content of one or more provisions of these General Terms and Conditions must be explained “in the spirit” of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The company is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the company uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the company.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
Product images are a true representation of the items offered, but the company cannot guarantee that the colors displayed will exactly match the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer, in particular:
- the price including taxes;
- any shipping costs;
- the way in which the contract will be concluded and which steps are required;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and performance of the contract;
- the period for accepting the offer, or the period within which the company guarantees the price;
- the level of the costs of distance communication if charged on a basis other than the basic rate for the means of communication used;
- whether the contract will be archived after its conclusion and, if so, how it can be accessed by the consumer;
- the way in which the consumer can check and, if necessary, correct the data they have provided under the contract before concluding it;
- the languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the company is subject and the way the consumer can consult these codes electronically;
- the minimum duration of the distance contract in the event of a continuous transaction.
Optional: available sizes, colors, material types.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the company will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the company, the consumer may dissolve the contract.
If the contract is concluded electronically, the company will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the company will observe appropriate security measures.
The company may—within legal frameworks—verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the company has good reasons not to enter into the contract, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
The company will send the following information to the consumer, in writing or in a form that can be stored on a durable data carrier and accessed by the consumer, with the product or service:
a. the address of the company’s establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
c. information on warranties and after-sales service;
d. the data referred to in Article 4(6) of these conditions, unless the company has already provided this information to the consumer prior to the performance of the contract;
e. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the company, receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If the consumer exercises the right of withdrawal, the consumer will return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging to the company, in accordance with the reasonable and clear instructions provided by the company.
If the consumer wishes to exercise the right of withdrawal, the consumer must notify the company within 14 days after receiving the product. This notification must be in writing, for example by email. After giving notice, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of a proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not notified that they are exercising the right of withdrawal and has not returned the product to the company, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid an amount, the company will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The company can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion is only possible if the company clearly stated this in the offer, or at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for the following products:
a. products made to the consumer’s specifications;
b. products that are clearly of a personal nature;
c. products that cannot be returned due to their nature;
d. products that deteriorate or age quickly;
e. products whose price depends on fluctuations in the financial market over which the company has no influence;
f. single issues of newspapers and magazines;
g. audio and video recordings and computer software of which the seal has been broken by the consumer;
h. hygiene products of which the seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for the following services:
a. services relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. services that commence with the consumer’s express consent before the end of the cooling-off period;
c. services relating to betting and lotteries.

Article 9 – The Price

During the 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.
Contrary to paragraph 1, the company may offer products or services whose prices are subject to fluctuations in the financial market and over which the company has no influence at variable prices. This linkage to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months after conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permitted if the company has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the company is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The company guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the company also guarantees that the product is suitable for use other than normal.
Any warranty provided by the company, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the company under the contract.
Defects or incorrectly delivered products must be reported to the company in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition.
The company’s warranty period corresponds to the manufacturer’s warranty period. The company is never liable 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.
The warranty does not apply if:
- the consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties;
- the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or used contrary to the instructions of the company and/or on the packaging;
- the defect has arisen entirely or partly as a result of regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The company will take the greatest possible care when receiving orders for products and executing product deliveries.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed or if an order cannot be carried out or can only be carried out in part, the consumer will be notified at the latest 30 days after placing the order. In that case, the consumer is entitled to dissolve the contract free of charge and is entitled to compensation.
In the event of dissolution in accordance with the previous paragraph, the company 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 company will endeavor to make a replacement item available. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the company.
The risk of damage and/or loss of products rests with the company until the moment of delivery to the consumer or a representative designated in advance and made known to the company, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Term, Termination and Renewal

Termination

The consumer may at any time terminate an open-ended contract that was concluded for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at the end of the fixed term, 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 preceding paragraphs:
- at any time and not limited to termination at a specific time or during a specific period;
- in the same way as they were concluded;
- with the same notice period that the company has stipulated for itself.

Renewal
4. A fixed-term contract that was concluded for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
5. By way of derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of one month.
6. A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer may terminate it at any time with a notice period of no more than one month. A notice period of no more than three months applies if the contract concerns the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
7. A limited-term introductory contract for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and ends automatically after the trial or introductory period.

Term
8. If a contract has a duration 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 the agreed duration conflicts with this provision.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
The consumer has the duty to report inaccuracies in provided or stated payment details to the company without delay.
In the event of non-payment by the consumer, the company has the right, subject to legal limitations, to charge the consumer reasonable costs that were communicated in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the company fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the company will be answered within 14 days from the date of receipt. If a complaint foreseeably requires a longer processing time, the company will reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the company’s obligations unless the company indicates otherwise in writing.
If a complaint is found to be justified by the company, the company will, at its option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the company and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.