Article 1 – Identity
The general terms and conditions apply to the webshop of NO EXCESS B.V. and cover all sales, delivery and payment activities to our consumers via the No-Excess.com website. By placing an order, you explicitly agree with these terms and conditions. The applicability of any general condition of the consumer is explicitly rejected by NO EXCESS. Changes of, and additions to, these general terms and conditions can only be agreed in writing. In the event of inconsistency between the text of these terms and conditions in Dutch and those in a different language, the Dutch version will be binding. We reserve the right to change or supplement the general terms and conditions on the condition that NO EXCESS has sent the changed terms and conditions in accordance with the provisions in Article 3.2 of these general terms and conditions to the consumer. The consumer is entitled to dissolve the agreement if the change entitles NO EXCESS to perform in a way which essentially deviates from what has been promised.
Name of entrepreneur: NO EXCESS B.V.
Address: Maroastraat 79, 1060 LGAmsterdam, The Netherlands
Opening times: Monday to Friday from 9:00 a.m. to 5:00 p.m.
E-mail address: firstname.lastname@example.org
Telephone number :+31 (0)20-65876610
Fax number : +31 (0)20-6595652
Chamber of Commerce number: 34073682
VAT number: NL 806082768B01
Article 2 – Definitions
In these general terms and conditions the following terms have been meanings referred to:
- Cooling-off period: the period during which a consumer can use is right of withdrawal.
- Consumer: the natural person who is not actually for purposes relating to his trade, business, artisan or professional activity.
- Day: calendar day.
- Continuing performance contract: a distance agreement relating to a series of products and/or services, of which the delivery and/or the purchasing obligation is spread out over time.
- Durable data carrier: any means – including email – that enables a NO EXCESS consumer to store information that is directed at him personally, in a way that makes it possible to consult or use said information in the future during a period which is attuned to the purpose for which the information is intended and which makes it possible to reproduce it unmodified.
- Right to withdrawal: the possibility for a consumer to cancel the distance agreement during the cooling-off period.
- Withdrawal form: the form for withdrawal which is included in Annex I of these terms and conditions.
- Entrepreneur: the natural person or legal entity that offers products and/or services to consumers at a distance.
- Distance agreement: an agreement which is entered into between NO EXCESS and a consumer within the framework of an organised system for distant selling of products whereby, up to and including the closure of the agreement, one or more techniques for distant communications are exclusively or jointly used.
- Technology for distance communication: a means that may be used for closing an agreement, without a consumer and NO EXCESS having to have met in the same room simultaneously.
- General Terms and Conditions: these general terms and conditions of the entrepreneur.
Article 3 – Applicability
- These general terms and conditions apply to any offer by NO EXCESS and to any distance agreement between NO EXCESS and a consumer.
- Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer by electronic means in such a way that the consumer can save them on a durable data carrier. If this is not reasonably possible NO EXCESS will indicate, before the distance agreement is concluded, how the general terms and conditions can be accessed by electronic means and that they will be sent by electronic means to the consumer, free of charge, at the consumer’s request.
Article 4 – The offer
- If an offer has a limited period of validity, or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. NO EXCESS is entitled to change and adapt the offer.
- Apparent mistakes or errors in a product offer are not binding for NO EXCESS.
- Each offer will contain sufficient information to clarify to the consumer the rights and obligations which are attached to acceptance of the offer.
Article 5 – The agreement
- The agreement is formed at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions stated therein.
- If the consumer has accepted the offer by electronic means, NO EXCESS will immediately confirm receipt of the offer acceptance by electronic means.
- Prior to the formation of the agreement NO EXCESS will provide the consumer with the following information:
- the visiting address of the branch of NO EXCESS which the consumer can, for example, contact in connection with complaints;
- the conditions which apply to, and the way in which the consumer can use, the right of withdrawal, or clear communication relating to exclusion of the right of withdrawal;
- the information relating to guarantees and existing after-sales service;
- the product price including all taxes, insofar as applicable the costs of delivery and the method of payment, delivery or execution of the distance agreement;
- the withdrawal form if the consumer has a right of withdrawal.
- How to place an order at No-Excess.com We have made the order process as straightforward as possible. All you have to do is add products to your shopping basket and complete a few steps to place your order.
- Add one or more products to your shopping basket. To do so, use the ‘in shopping basket’ button.
- When you click ‘shopping basket’, you will immediately see which products are in your shopping basket. If you want to continue shopping, you should go back to product overview. If you want to check out, click the ‘check out’ button.
- Enter your invoice details. If the delivery address differs from the invoice address, you should select ‘deliver to a different address’.
- Then choose the desired payment method:
- Credit card
- Sofort Banking
- Accept the General Terms and Conditions by selecting the check box. You can read our General Terms and Conditions before you finish your order by clicking the link.
- Check the order overview before definitively completing your order by clicking ‘place order’.
- You will now be taken to the payment method of your choice and you will be able to place the definitive order by completing the payment process.
- You will then receive an email with a confirmation of your order.
- As soon as we have received payment, the order will be placed ready for dispatch and we will ensure that your order is processed. We will update you about your order and its status by email.
Article 6 – Right of withdrawal
- The consumer can dissolve an agreement relating to the purchase of a product, without having to give reasons, during a 14 day cooling-off period. Although NO EXCESS may ask the consumer for the withdrawal reason, the consumer is not obliged to give one.
- The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer, that is not the transport operator, has received the product, or:
- if the consumer has ordered a number of products in one and the same order: the day on which the consumer, or a third party it has designated, has received the final product. NO EXCESS may, provided it has clearly informed the consumer to that effect prior to the order process, refuse an order for several products with different delivery times; or
- if the delivery of a product consists of various consignments or parts: the day on which the consumer, or a third party it has designated, has received the final consignment or the final part.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will look after the product and the packaging. The consumer will only unpack or use the product to the extent that is necessary in order to determine the nature, characteristics and operation of the product. The point of departure in this regard is that consumers may only use and inspect the products as very would do in a store.
- The consumer is liable for any decrease in value of the product which is the consequence of handling the product which goes beyond what is permitted in Article 7, paragraph 1.
Article 8 – Exercising the right of withdrawal by the consumer and the related costs
- If the consumer uses his right of withdrawal, he must report this to NO EXCESS during the cooling-off period using the withdrawal form or in another unequivocal way.
- As quickly as possible, but in any event within 14 days from the day following the notification referred to in Article 8, paragraph 1, the consumer will return the product, or hand it over to (an authorised representative of) NO EXCESS. The above is unnecessary if NO EXCESS has offered to collect the product itself. The consumer must, in any event, observe the return deadline if he returns the product before the end of the cooling-off period.
- The consumer then returns the product with all accessories supplied, if reasonably possible in its original state and packaging, and in accordance with the instructions issued by NO EXCESS.
- The consumer bears the risk and burden of proof for the correct and timely exercising of the right of withdrawal.
- The consumer bears the direct costs of returning the product.
- Additional information on returning a product is stated on the website.
- If the consumer uses his right of withdrawal, all additional agreements will be dissolved by operation of law.
- In case the consumer wants to return a complete order the consumer also has to return the free gift they received during our giveaway promotion. Failing to return the gift could result in an extra charge. In case the consumer wants to return an item from the order but the order total remains above the minimum order amount required to obtain the gift, the consumer can keep the gift and no extra costs will be charged.
Article 9 – Obligations of NO EXCESS in the event of withdrawal
- If NO EXCESS makes it possible for the consumer to issue a notification of withdrawal electronically, NO EXCESS will immediately send a confirmation of receipt, after receipt of this notification.
- NO EXCESS will reimburse all payments by the consumer, including any delivery costs charged by NO EXCESS for the returned product, immediately, but in any event within 14 days following the day on which the consumer has notified NO EXCESS of the withdrawal. Unless NO EXCESS offers to collect the product itself, NO EXCESS is entitled to wait as regards repayment until it has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- NO EXCESS will use the same payment method for repayment as the consumer used, unless the consumer agrees to a different method. The consumer will not be charged for any repayments.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery proposed by No Excess, the latter does not have to repay the additional costs for the more expensive method.
Article 10 – The price
- During the period of validity referred to in the offer, the prices of the products offered will not be increased except in the event of price changes as a consequence of changes in VAT rates.
- The prices referred to in the products offer include VAT.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, NO EXCESS is not obliged vis-à-vis the consumer, to deliver the product in accordance with the wrong price.
Article 11 – Fulfilment of agreement and extra guarantee
- NO EXCESS guarantees that the products fulfil the agreement, the specifications referred to in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that exist on the date of formation of the agreement.
- Any defects or wrongly delivered products must be reported in writing to NO EXCESS within a reasonable period of time after their discovery. Products should be returned in their original packaging and in their original state.
- In any event, no claim can be made under Article 11, paragraph 1 of this article (i) in the event of damage due to intent or negligence, (ii) in the event of normal wear and tear and/or (iii) in the event of damage due to the non-observance or incorrect observance of the instructions or specifications of use.
- An extra guarantee issued by NO EXCESS, its supplier, manufacturer or importer will never restrict the statutory rights and claims which the consumer can lay claim to vis-à-vis NO EXCESS on the grounds of the agreement if NO EXCESS has failed in the fulfilment of its part of the agreement.
- Extra guarantee means any commitment by NO EXCESS, its supplier, importer producer in which NO EXCESS allocates certain rights or claims to the consumer which go beyond its legal obligation in the event of failure to fulfil its part of the agreement.
Article 12 – Delivery and execution
- NO EXCESS will observe the greatest care when receiving and executing orders for products.
- Delivery will take place until stocks are exhausted.
- Dispatch is free of charge for orders worth more than € 100 including any applicable discounts. For orders worth less than € 100 including any applicable discounts, the delivery charges are € 4.95.
- Ownership of the delivered products transfers to the consumer after the amount owed has been paid. The risk relating to the products transfers at the moment of delivery to the consumer.
- The delivery location is the address communicated by the consumer to NO EXCESS.
- The consumer must provide NO EXCESS with a correct address and email address. Any changes to these addresses must be communicated to NO EXCESS on time. If the consumer has submitted an incorrect delivery address, the extra delivery charges will be for the consumer’s account.
- NO EXCESS will execute orders with due speed but by no later than within 30 days after conclusion of the agreement, unless a different delivery date has been agreed. If the delivery is delayed, or if an order cannot be carried out (in full), the consumer will be informed by no later than 30 days after the order was placed. In that case, the consumer is entitled to dissolve the agreement at no cost.
- After dissolution in accordance with Article 12, paragraph 7, NO EXCESS will immediately repay the amount that the consumer paid.
- The risk of damage and/or loss of products is vested in NO EXCESS up until the moment of delivery to the consumer, or a predetermined representative, as communicated to NO EXCESS, unless explicitly agreed otherwise.
Article 13 – Payment
- Insofar as not stipulated otherwise in the agreement, the amounts payable by the consumer must be paid within 14 days after the commencement of the cooling-off period or, in the absence of a cooling-off period, within 14 days after conclusion of the agreement.
- The consumer is obliged to inform NO EXCESS immediately of any irregularities in the issued or stated payment details.
- If the consumer does not fulfil its payment obligation(s) (wholly or partially), the consumer will, after having been informed by NO EXCESS of the late payment and after NO EXCESS has granted the consumer 14 days to fulfil its payment obligations, and if no payment is forthcoming within this 14-days deadline, owe the statutory interest on the amount still payable, with NO EXCESS being entitled to charge the extrajudicial collection costs incurred, in accordance with the provisions in Article 6:96 of the Dutch Civil Code.
Article 14 – Intellectual property
- The website and all elements thereof, with the exception of certain hyperlinks to third parties, are owned by NO EXCESS. All intellectual property rights relating to the website and all elements thereof (such as the products offered) are vested in NO EXCESS, insofar as these rights are not vested in third parties.
- Without the prior written permission from NO EXCESS, it is not permitted to make public, copy, save or offer for sale, in whatever form, the website, parts of the website, information obtained from the website, products displayed on the website all other material displayed the website.
Article 15 – Force majeure
NO EXCESS and the consumer are not obliged to fulfil any obligation if they are prevented from doing so as a consequence of a circumstance which is not attributable to fault, and which is not for their account pursuant to the law, a legal act or generally accepted views.
Article 16 – Complaints procedure
- NO EXCESS has a sufficiently publicised complaints procedure which is the basis for the way in which it processes complaints.
- Complaints with regard to the execution of the agreement must be submitted to NO EXCESS, along with a clear and full description, as soon as possible after the consumer has observed the defects.
- Complaints received by NO EXCESS will be responded to within a period of 14 days, counting from the date of receipt. If a complaint is expected to take longer to process, NO EXCESS well respond within a period of 14 days with a notification of receipt and an indication as to when the consumer can expect a more detailed response.
- A consumer can also submit a complaint via the European Commission’s Online Dispute Resolution (ODR) Platform. The ODR Platform can be found at: http://ec.europa.eu/consumers/odr/
Article 17 – Miscellaneous
- Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into at a later date.
- The administrative records of NO EXCESS apply, barring proof to the contrary, as proof of the requests and/or orders placed by the consumer. The consumer acknowledges that electronic communication can serve as proof.
- NO EXCESS is entitled to transfer the rights and obligations from the agreement made with you to a third party simply by notifying you.
- If and insofar as any provision of the general terms and conditions is declared invalid or is annulled, the other provisions of these general terms and conditions will remain in full force. In that case, NO EXCESS will stipulate a new provision to replace the invalid/annulled provision, whereby the purport of the invalid/annulled nullified provision will be observed as much as possible.
Article 18 – Applicable law and jurisdiction
- Agreements, and all resulting non-contractual obligations, between NO EXCESS and the consumer to which these general terms and conditions relate are exclusively subject to Dutch law.
- All disputes which arise between NO EXCESS and the consumer will, in the first instance, be settled by the competent judicial authority in Haarlem, the Netherlands.