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 their right of withdrawal;
Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from 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: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: any means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company name: Novaire
Chamber of Commerce (KvK) number: Available upon request
VAT number: Available upon request
Trade name: Novaire
Customer service email: novaire.supp@gmail.com
Business address: Available upon request
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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, the entrepreneur will, before the distance contract is concluded, indicate how the terms can be inspected and that they will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, the text of these terms and conditions may be made available 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 terms can be viewed electronically and that they will be sent free of charge upon request.
If specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer may rely on the provision most favorable to them.
If one or more provisions of these terms are null or voided, the remaining provisions will remain in force, and the invalid provision will be replaced in mutual consultation by one that approximates the original intent as closely as possible.
Situations not regulated in these terms and ambiguities regarding interpretation shall be interpreted "in the spirit" of these terms and conditions.
Article 4 – The Offer
If an offer is subject to a limited period of validity or conditions, this will be clearly stated.
The offer is non-binding; the entrepreneur reserves the right to modify or adjust it.
The offer includes an accurate description of the products and/or services offered, sufficient for the consumer to assess it properly. Images are a true representation, though colors may differ slightly from reality.
Each offer clearly states the consumer’s rights and obligations upon acceptance, including price (excluding import VAT and customs clearance costs), shipping costs, payment and delivery terms, and whether the right of withdrawal applies.
Article 5 – The Agreement
The contract is concluded at the moment the consumer accepts the offer and meets the stated conditions.
If acceptance occurs electronically, the entrepreneur will immediately confirm receipt electronically. Until this confirmation is received, the consumer may dissolve the agreement.
The entrepreneur ensures secure data transfer and safe online payment options.
The entrepreneur may, within legal limits, assess whether the consumer can meet their payment obligations. Based on this assessment, the entrepreneur may refuse an order or impose special conditions.
Upon delivery, the entrepreneur provides written or electronic confirmation including contact details, withdrawal instructions, warranty information, and termination requirements if applicable.
All agreements are subject to product availability.
Article 6 – Right of Withdrawal
Consumers may withdraw from the contract within 14 days of receiving the product without giving reasons. During this period, the consumer must handle the product carefully and return it in its original condition and packaging if possible.
To exercise this right, the consumer must notify the entrepreneur via written message/email within 14 days and return the product within another 14 days thereafter. Proof of shipment must be provided.
Failure to meet these deadlines voids the withdrawal right.
Article 7 – Costs in Case of Withdrawal
Return shipping costs are borne by the consumer.
Refunds will be processed within 14 days of withdrawal, provided the returned product or proof of shipment has been received.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for products:
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made to the consumer’s specifications;
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clearly personal in nature;
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that cannot be returned due to their nature;
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that perish quickly;
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subject to market price fluctuations;
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newspapers or magazines;
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audio/video software with broken seals;
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or hygiene products unsealed by the consumer.
The right may also be excluded for services that begin with the consumer’s consent before the withdrawal period ends.
Article 9 – Price
Prices will not be increased during the validity of an offer, except for legal VAT changes.
Variable pricing is allowed for products affected by market fluctuations, which will be disclosed.
Price errors or typographical mistakes are not binding. Deliveries occur outside the EU; thus, import VAT and clearance fees will be collected by the courier, not Novaire.
Article 10 – Conformity and Warranty
Products must meet contractual specifications and reasonable usability expectations. Any defects or incorrect deliveries must be reported within 14 days of receipt.
The warranty period matches that of the manufacturer. It does not cover damage due to misuse, alteration, or external conditions.
Article 11 – Delivery and Execution
Novaire exercises utmost care in processing orders. Delivery occurs at the address provided by the consumer.
Orders will be delivered promptly, within 30 days unless agreed otherwise. Delays exceeding this will allow the consumer to cancel the order and receive a refund within 14 days.
If replacement items are sent, the consumer retains the right of withdrawal, and return costs will be borne by the entrepreneur.
Risk passes to the consumer upon delivery.
Article 12 – Duration Transactions: Termination and Renewal
Consumers may terminate ongoing contracts at any time with one month’s notice.
Fixed-term contracts may be ended at the end of their term with one month’s notice.
Contracts will not renew automatically for a fixed term unless otherwise specified for short-term subscriptions.
Contracts longer than one year may be canceled after the first year with one month’s notice.
Article 13 – Payment
Unless otherwise agreed, payments must be made within 7 business days of the start of the withdrawal period. The consumer must report incorrect payment details immediately.
In the event of non-payment, reasonable collection costs may be charged.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days after the defect is discovered, clearly describing the issue.
Responses will be provided within 14 days. If more time is needed, a notice of delay will be issued.
A justified complaint will result in repair, replacement, or another suitable resolution.
Article 15 – Disputes
All agreements between Novaire and the consumer are governed exclusively by Dutch law, even if the consumer resides abroad.