GENERAL TERMS AND CONDITIONS NMNH EVENTS

Having well-drafted general terms and conditions is crucial for both the webshop owner and the customer. Here, you can review our General Terms and Conditions for the online store. Not only does the government establish rules to ensure the safety of your purchase, but as a webshop owner, we also want to inform you about our terms. By agreeing to nmnh.eu’s General Terms and Conditions, an agreement is established between us and you as the customer. However, before agreeing to our General Terms and Conditions, we kindly request that you carefully read and understand the terms and our procedures. This can prevent unpleasant situations! If you have any questions about our terms, feel free to contact us.

GENERAL TERMS AND CONDITIONS These General Terms and Conditions have been in effect since January 2020.

ARTICLE 1 – DEFINITIONS

In these conditions, the following terms shall have the following meanings:

1.1 “Purchase Agreement”: a distance purchase agreement where you buy products (via the webshop, phone, or email) and these products are delivered by us (or by a third party);

1.2 “you”: a consumer (natural person) who does not act within the scope of a trade, business, craft, or professional activity;

1.3 “Right of Withdrawal”: your ability to withdraw from the Purchase Agreement within the cooling-off period;

1.4 “we”: the natural or legal person offering the products to you remotely;

1.5 “Model Withdrawal Form”: the European Model Withdrawal Form included in Annex I to these conditions;

ARTICLE 2 – WHO WE ARE nmnh.eu

Swart & NMNH Events. Kerkstraat 74B 2242 HJ Wassenaar Chamber of Commerce number: 77112709

06-23932824
info@nmnh.eu

ARTICLE 3 – APPLICABILITY

3.1 These general terms and conditions apply to every offer from us and every Purchase Agreement concluded with you.

3.2 Before you purchase anything from us, we will bring these general terms and conditions and any specific product terms to your attention clearly. We must do this in a way that allows you to download, print, and save these general terms and conditions.

3.3 In case of conflict between the general terms and conditions and specific product or service conditions, you may rely on the applicable provision that is most favorable to you.

ARTICLE 4 – THE OFFER 

4.1 If a product is only temporarily or under certain conditions available, this will be clearly stated on the product page.

4.2 The product page contains a complete and accurate description of the offered products. The description is detailed enough for you to assess the product properly. If we use images, they must be truthful.

4.3 Each product page must be clear enough for you to understand your rights and obligations when purchasing the product.

4.4 We are not bound by mistakes or errors on the product page if it is clearly obvious to you that it is a mistake or error.

ARTICLE 5 – THE PURCHASE AGREEMENT

5.1 The Purchase Agreement is concluded when you accept the purchase of the product and its associated terms.

5.2 After the conclusion of the Purchase Agreement, we will immediately send you a confirmation of receipt by email.

5.3 We ensure that you can order and pay safely, and we provide adequate technical and organizational security for all (personal) data.

5.4 Besides our other legal information obligations, we will send you the following information in writing upon delivery of the product to you:

• Our address where you can address complaints;
• The conditions under which and the manner in which you can exercise the Right of Withdrawal, or a clear statement if the Right of Withdrawal is excluded;
• Information about guarantees and existing post-purchase services;
• The price, including all taxes, of the product; the delivery costs; the method of payment, delivery, or execution of the Purchase Agreement;
• If you have a Right of Withdrawal, the Model Withdrawal Form.

ARTICLE 6 – RIGHT OF WITHDRAWAL

6.1 You can withdraw from a Purchase Agreement within a cooling-off period of at least 14 days without giving any reason. We may ask you for the reason for withdrawal, but you are not obliged to answer.

6.2 The cooling-off period starts on the day after you, or a third party designated by you in advance:

• Received the product; or
• If you ordered multiple products in the same order: the day on which you, or a third party designated by you, received the last product;
• If the delivery of a product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or part;
• In the case of agreements for regular delivery of products over a specified period: the day on which you, or a third party designated by you, received the first product.

ARTICLE 7 – YOUR OBLIGATIONS DURING THE COOLING-OFF PERIOD

7.1 During the cooling-off period, you must handle the product and its packaging carefully. You may only unpack or use the product if necessary to assess its nature, characteristics, and functioning. The basic principle is that you may only use and inspect the product as you would be allowed to do in a store.

7.2 If you do not handle the product carefully, as outlined in clause 1, and the product is damaged as a result, you are liable for the depreciation of the product’s value.

7.3 You are not liable for the depreciation of the product if we did not provide you with all legally required information about the Right of Withdrawal before or at the conclusion of the Purchase Agreement.

ARTICLE 8 – EXERCISE OF YOUR RIGHT OF WITHDRAWAL AND COSTS THEREOF

8.1 If you wish to exercise your statutory Right of Withdrawal, you must notify us within the cooling-off period using the Model Withdrawal Form or in another unambiguous way.

8.2 You must return the product or hand it over to us (or a representative) within 14 days after the withdrawal.

8.3 You must return the product with all delivered accessories, as much as possible in its original condition, packaging, and according to the reasonable and clear instructions provided by us.

8.4 The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lie with you.

8.5 You bear the direct costs of returning the product unless we have not stated that you must bear these costs or if we bear these costs ourselves.

ARTICLE 9 – OUR OBLIGATIONS UPON WITHDRAWAL

9.1 If you notify us that you wish to exercise your Right of Withdrawal, we will immediately send you a confirmation of receipt by email.

9.2 If you report within 14 days after receiving the products that you want to exercise your Right of Withdrawal, we will refund all payments made by you within 14 days of your notification, including any delivery costs. If we offer to pick up the product ourselves, we may wait to reimburse you until we have received the product or until you demonstrate that you have returned the product.

9.3 We use the same payment method for the refund as you used, unless you agree to a different payment method. The refund is free of charge for you.

9.4 If you have chosen a more expensive method of delivery than the cheapest standard delivery, we do not have to refund the additional costs for the more expensive method.

ARTICLE 10 – EXCLUSION OF RIGHT OF WITHDRAWAL

We can exclude the following products from the Right of Withdrawal if we clearly state this on the product page:

a. Products that are made to your specifications, that are not prefabricated, and that are manufactured based on your individual choice or decision, or that are clearly intended for a specific person.

b. Products whose price is tied to fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period;

c. Perishable products or products with a limited shelf life;

d. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose sealing has been broken after delivery;

e. Products that are irreversibly mixed with other products after delivery;

f. Alcoholic beverages, the price of which was agreed upon at the conclusion of the Purchase Agreement but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which we have no influence;

g. Sealed audio, video recordings, and computer software, the sealing of which has been broken after delivery;

h. Newspapers, magazines, or periodicals.

ARTICLE 11 – THE PRICE

11.1 During the validity period of the offer stated on the product page, the prices of the offered products will not be increased unless a price change is necessary due to changes in VAT rates.

11.2 We may offer products with variable prices whose prices are subject to fluctuations on the financial market over which we have no influence. This will be stated in the offer.

11.3 The prices stated on the product page include VAT.

ARTICLE 12 – FULFILLMENT OF THE PURCHASE AGREEMENT AND ADDITIONAL WARRANTY

12.1 We guarantee that the products comply with the Purchase Agreement and the specifications stated on the product page. We also guarantee that the products meet the reasonable requirements of soundness and/or usability, the legal provisions and/or government regulations, and any agreements made with you regarding use other than normal.

12.2 Extra warranty refers to any commitment by us, our supplier, importer, or manufacturer granting you certain rights or claims that go beyond what is legally required if we fail to fulfill our part of the Purchase Agreement.

12.3 An extra warranty never limits your legal rights and claims.

ARTICLE 13 – DELIVERY AND PERFORMANCE

13.1 We exercise the greatest possible care in the execution of the Purchase Agreement and the delivery of the products.

13.2 We deliver the product to the address you provided to us.

13.3 We will deliver the products as soon as possible and no later than within 30 days. We can agree on a different delivery time with you.

13.4 If the delivery is delayed or an order cannot be executed, you will be informed as soon as possible, but no later than 30 days after placing the order. In this case, you have the right to dissolve the Purchase Agreement without incurring any costs.

13.5 After dissolution as referred to in the previous paragraph, we will refund the amount you paid immediately.

13.6 The risk of damage and/or loss of products rests with us until the moment of delivery to you or to a representative designated by you and made known to us, unless otherwise agreed.

ARTICLE 14 – PAYMENT

14.1 You must pay the amounts due within 14 days after the start of the cooling-off period, unless otherwise stipulated in the Purchase Agreement. If there is no cooling-off period, you must pay the amounts due within 14 days after the conclusion of the Purchase Agreement, unless otherwise stipulated in the Purchase Agreement.

14.2 You cannot be required to pay more than 50% in advance. If an advance payment is agreed upon, you cannot claim any rights regarding the execution of the relevant order until the agreed advance payment has taken place.

14.3 You are obliged to report inaccuracies in provided or stated payment details to us immediately.

14.4 If you do not meet your payment obligations on time, we must remind you of the late payment and give you a period of 14 days to fulfill your payment obligations. If you do not pay within this 14-day period, you will also owe statutory interest on the amount due. We can then charge extrajudicial collection costs to you. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500, and 5% on the next € 5,000, with a minimum of € 40. We may deviate from the mentioned amounts and percentages in your favor.

ARTICLE 15 – COMPLAINTS PROCEDURE

15.1 Complaints about the execution of the Purchase Agreement must be submitted to us as soon as possible after discovering the defects, fully and clearly described.

15.2 We will respond to complaints submitted to us within 14 days after receipt. If we need more time for processing, we will confirm within 14 days that we have received the complaint and give you an indication of when you can expect a more detailed answer.

ARTICLE 16 – DISPUTES

16.1 Dutch law applies exclusively to Purchase Agreements concluded between you and us to which these general terms and conditions apply.

16.2 If the complaint cannot be resolved amicably, the Dutch court in The Hague or the competent court of the district where you reside is authorized to hear the dispute.

ARTICLE 17 – AMENDMENTS AND ADDITIONS TO GENERAL TERMS AND CONDITIONS

17.1 Changes to these general terms and conditions are only effective after they have been published in the appropriate manner. If these changes apply to you during the term of an offer, the most favorable provisions for you will apply.

17.2 Additional or deviating provisions may not be to your disadvantage. These must be recorded in writing and must be able to be stored by you.

Annex I: Model Withdrawal Form

Model Withdrawal Form

(only fill in and return this form if you want to withdraw from the agreement)

To: nmnh.eu NMNH EVENTS /> Kerkstraat 74B /> 2242 HJ Wassenaar Info@nmnh.eu

I/We* hereby give notice that I/we* withdraw from my/our* contract for the sale of the following products: [product designation]* Ordered on*/received on* [date of receipt of products] [Name of consumer(s)] [Address of consumer(s)] [Signature of consumer(s)] (only if this form is submitted on paper)