Terms

Definitions

Cooling-off period: the period within which the consumer can make use of his right of withdrawal.
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with Nimma Crafts.
Day: calendar day.
Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personal, to be stored in a way that enables future consultation and unaltered reproduction of the stored information. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period. Model form: the model form for withdrawal that Nimma Crafts makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to remote consumers.Distance agreement: an agreement in the framework of an organized by Nimma Crafts system for distance sale and of products and to the distance sale and services concluding the agreement exclusively uses one or more techniques for remote communication.Technique for remote communication: this means that can be used for concluding an agreement, without consumers and entrepreneurs coming together in the same space at the same time. : the present Terms of Nimma Crafts.

Identity of Nimma Crafts

Nimma Crafts part of Challenge Me (statutory name, possibly supplemented with trade name)
Petuniastraat 30
Telefoonnummer: 0031247503548
E-mailadres: info@nimmacrafts.com
KvK-number: 68921845
Btw-identification number: NL857649127B01

Applicability

These general terms and conditions apply to every offer from Nimma Crafts and to every distance contract concluded and orders between entrepreneur and consumer. Before the distance contract is concluded, the text of these general terms and 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 viewed at Nimma Crafts and that they will be sent free of charge as soon as possible at the request of the consumer. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored 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 they will be sent free of charge at the request of the consumer electronically or otherwise. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these terms and conditions will otherwise remain in effect and the provision in question will be immediately replaced in mutual consultation by a provision that has the purport of of the original as closely as possible. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.

The offer

If an offer has a limited validity or is under conditions, this is explicitly stated in the offer. The offer is without obligation. Nimma Crafts is authorized to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is detailedtoallowa good assessment of the offer by the consumer. If Nimma Crafts uses images they are true representations of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Nimma Crafts. All photos, and specifications data in the offer are indicative and cannot because of compensation or dissolution of the agreement. Images byproducts are a true representation of the products offered. An entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains information that is clear to the consumer what the rights and obligations are connected to the acceptance of the offer. This concerns in particular: the price including taxes; the possible costs of shipment; the how in which the agreement will be established and what actions are needed for; the ifornotapplicabilityof the right of withdrawal; the method of payment, delivery and performance of the agreement; the term for acceptance of the offer, or the term within which Nimma Crafts guarantees the price; the amount of the tariff for remote communication if the cost of using the tech for remote communication are calculated on a base other than the regular basic rate for the used communication; whether the agreement willbearchivedafter conclusion, and if yes,how it canbeconsultedfor the consumer; the way in which the consumer can check and correctifdesiredthe data provided by the contractor the consumer before concludingtheagreementthe consumer; the any other languages in which besides Dutch the agreement can be concluded; the codes to which Nimma Crafts submitted and the way in which the consumer can consult these codesofconductelectronically; and the minimum duration of the remote contract in case of a longterm transaction. Optional: available sizes, colors, type of materials.

The agreement

The agreement shall, subject to the provisions of paragraph 4, be concluded at the moment the consumer accepts the offer and fulfills the conditions thereby stipulated. If the consumer has accepted the offer electronically, Nimma Crafts shall forthwith electronically confirm receipt of acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Nimma Crafts, the consumer may dissolve the agreement. If the agreement is concluded electronically, Nimma Crafts shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, Nimma Crafts will observe appropriate safety measures. Nimma Crafts may – within legal limits – inform the consumer about his ability to fulfill his payment obligations, as well as about all those facts and factors which are important for a sound conclusion of the distance contract. If based on this examination, Nimma Crafts has sound reasons for not agreeing, it shall be entitled to refuse an order or application while stating its reasons or to attach special conditions to the execution thereof. Nimma Crafts shall send along with the product or service to the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier: a. the visiting address of the Nimma Crafts branch where the consumer can lodge complaints; b. the conditions under which and how the consumer may exercise the right of withdrawal or a clear notice regarding the exclusion of the right of withdrawal; c. the information on guarantees and existing after-sales service; d. the information included in article 4, paragraph 3 of these conditions, unless Nimma Crafts has already provided the consumer with this information 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 indefinite. In the case of a duration contract, the provision in the previous paragraph applies only to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Right of withdrawal

When delivering products: When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and announced to Nimma Crafts. During the cooling-off period, the consumer will handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. Should he exercise his right of withdrawal, he shall return the product to Nimma Crafts with all delivered accessories and – if reasonably possible – in the original condition and packaging, by the reasonable and clear instructions given by Nimma Crafts. If the consumer wishes to exercise his right of withdrawal, he shall be obliged to notify Nimma Crafts thereof within 14 days, after receipt of the product. The consumer has to announce this using the model form. After the consumer has notified Nimma Crafts that he wishes to exercise his right of withdrawal, the customer shall return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example using a proof of posting. If, after the expiration of the periods mentioned in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal, or has not returned the product to Nimma Crafts, the purchase shall be a fact. In case of delivery of services: In the case of delivery of services the consumer can dissolve the agreement without giving reasons for at least 14 days, starting from the day of agreeing. To exercise his right of withdrawal, the consumer shall comply with the reasonable and clear instructions given by Nimma Crafts in this respect at the time of the offer and/or at the latest at the time of delivery.

Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of the return shipment. If the consumer has paid an amount, Nimma Crafts will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the shopkeeper or that conclusive proof of the complete return can be furnished. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly consents to a different payment method. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in the value of the product. The consumer cannot be held liable for any reduction in the value of the product if Nimma Crafts has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Exclusion right of withdrawal

Nimma Crafts 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 Nimma Crafts has clearly stated this in the offer, or at least in good time before the conclusion of the agreement. Exclusion of the right of withdrawal shall be possible only for products: a. which have been realized by Nimma Crafts in accordance with the consumer’s specifications; b. which are clearly personal in nature; c. which cannot be returned due to their nature; d. which spoil or age rapidly; e. the price of which is subject to fluctuations in the financial market over which Nimma Crafts 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 hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: a. concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period; b. of which the delivery has started with the consumer’s explicit consent before the period for reflection has expired; c. concerning betting and lotteries.

The price

During the period of validity mentioned in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates. Notwithstanding the preceding paragraph, Nimma Crafts may offer products or services whose prices are subject to fluctuations in the financial market over which Nimma Crafts has no influence, at variable prices. This links to fluctuations and the fact that any prices mentioned are target prices shall be mentioned with the offer. Price increases within 3 months after the conclusion of the agreement shall only be allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement shall only be allowed if Nimma Crafts has stipulated it and: a. they are the result of legislation or regulations; or b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect. The prices mentioned in the offer of products or services include VAT. All prices are subject to misprints and typographical errors. For the consequences of misprints, no liability is accepted. In case of misprints, Nimma Crafts shall not be obliged to deliver the product at the incorrect price.

Conformity and Warranty

Nimma Crafts guarantees that the products and/or services comply with the agreement, with the specifications given in the offer, with reasonable requirements of reliability and/or serviceability, and with the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, Nimma Crafts shall also guarantee that the product is suitable for other than normal use. A warranty issued by Nimma Crafts, manufacturer, or importer shall not affect the legal rights and claims the Consumer may exercise against Nimma Crafts pursuant to the agreement. Any defects or wrongly delivered products should be reported to Nimma Crafts in writing within 2 months after delivery. Return of the products shall take place in the original packaging and in new condition. The warranty period of Nimma Crafts corresponds with the manufacturer’s warranty period. However, Nimma Crafts shall never be 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. The warranty does not apply if The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or in violation of the instructions of Nimma Crafts and/or have been treated on the packaging; The inadequacy is fully or partially the result of regulations set by the government or to be set by the government with regard to the nature or quality of the applied materials.

Delivery and execution

Nimma Crafts will take the greatest possible care when receiving and executing product orders and when evaluating requests for the provision of services. The place of delivery shall be the address that the consumer has made known to the company. Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty. The consumer is not entitled to compensation. All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation. In case of dissolution in accordance with paragraph 3 of this article, Nimma Crafts will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution. If delivery of an ordered product turns out to be impossible, Nimma Crafts will make an effort to make available a substitute article. At the latest at the time of delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by Nimma Crafts. The risk of damage and/or loss of products shall be borne by Nimma Crafts until the moment of delivery to the consumer or a representative designated in advance and made known to Nimma Crafts, unless expressly agreed otherwise.

Duration transactions: duration, cancellation and renewal Cancellation

The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice not exceeding one month. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month. The consumer may terminate the agreements mentioned in the preceding paragraphs: at any time and not be limited to termination at a specific time or in a specific period; at least terminate them in the same manner as they were entered into by him; always terminate them with the same notice period as Nimma Crafts has stipulated for itself. Renewal A contract entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time. Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer can terminate the renewed contract towards the end of the renewal with a period of notice that does not exceed one month. A contract for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period. Duration If a contract lasts more than one year, after one year the consumer may at any time terminate with a notice of up to one month unless the reasonableness and fairness resisting the termination before the end of the agreed term.

Payment

As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6, paragraph 1. In the case of an agreement for the provision of a service, this period shall start after the consumer has received the confirmation of the agreement. The consumer shall be obliged to report any inaccuracies in payment data provided or indicated to Nimma Crafts without delay. In case of non-payment on the part of the consumer, Nimma Crafts shall be entitled, subject to legal limitations, to charge the reasonable costs previously announced to the consumer.

Complaints procedure

Nimma Crafts shall have a sufficiently publicized complaint procedure and shall handle the complaint in accordance with this complaint procedure. Complaints about the execution of the agreement shall be submitted to Nimma Crafts, fully and clearly described, within 2 months after the consumer has discovered the defects. Complaints submitted to Nimma Crafts shall be answered within a period of 14 days, counting from the date of receipt. If a complaint requires a foreseeably longer processing time, Nimma Crafts shall reply within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be solved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. In case of complaints, a consumer should first turn to Nimma Crafts. It is also possible to file a complaint via the European ODR platform http://ec.europa.eu/odr. A complaint shall not suspend the obligations of Nimma Crafts, unless Nimma Crafts indicates otherwise in writing. If a complaint is found justified by Nimma Crafts, Nimma Crafts shall, at its option, either replace or repair the delivered products free of charge.

Disputes

Agreements between Nimma Crafts and the consumer to which these general conditions relate are exclusively applicable to touch law. Also if the consumer resists abroad. The Vienna Sales Convention does not apply.

Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Questions or need help?

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