Legal Notice
Legal Notice
Terms and Conditions NL 2
This website is operated by Nela the label. Throughout the site, the terms “we,” “us,” “our,” and “entrepreneur” refer to Nela the label.
Nela the label offers this website, including all information, tools, and services available on this site, to you, the user, conditional upon your acceptance of all terms, policies, and notices stated here. By visiting our site and/or purchasing something from us, you agree to our “Service” and to be bound by the following general terms and conditions (“Service Terms,” “Terms”), including any additional terms and policies referenced herein or made available via hyperlink. These Service Terms apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Service Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Service Terms. If you do not agree to all the terms of this agreement, you may not access the website or use any services. If these Service Terms are construed as an offer, acceptance is explicitly limited to these Service Terms.
All new features or tools added to the current shop are also subject to these Service Terms. You can view the most current version of the Service Terms on this page at any time. We reserve the right to update, modify, or replace any part of these Service Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes have been posted will constitute acceptance of those changes.
Our shop is hosted on Shopify Inc. They provide us with the online e‑commerce platform that allows us to sell our products and services to you.
By agreeing to these Service Terms, you represent that you are at least of legal age in your state or province of residence or that you are of legal age in your state or province and have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is offered, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 1 – DEFINITIONS
In these terms, the following definitions apply:
- Cooling-Off Period: the period during which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: 01‑08‑2023;
- Duration Transaction: a distance contract regarding a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable Medium: any means that enables the consumer or entrepreneur to store information personally applicable to them in a way accessible for future reference and unchanged reproduction;
- Right of Withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
- Distance Contract: an agreement whereby, within a system organized by the entrepreneur for remote sale of products and/or services, and until the conclusion of the agreement, one or more means of distance communication are used exclusively;
- Means of Distance Communication: a medium that can be used for concluding an agreement without consumer and entrepreneur meeting simultaneously in the same place;
- General Terms & Conditions: these general terms and conditions of the entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
- E‑mail address: info@nelathelabel.com
- Chamber of Commerce (KVK): 97501808
- VAT Number: (YOUR VAT NUMBER)
- Address: Eemweg 23 (not a visit or return address; returns to this address are not reimbursed)
ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to every offer by the entrepreneur and every concluded distance contract and order between entrepreneur and consumer.
Before the distance contract is concluded, the consumer is given the text of these general terms and conditions. If this is reasonably not possible, information that the terms are available at the entrepreneur’s premises or will be provided free of charge upon request will be given before the contract is concluded.
If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these general terms may be made available electronically so it can be easily saved on a durable medium.
If this is not reasonably possible, before the contract is concluded information on where the general terms can be accessed electronically and that they will be provided free of charge by other means upon request will be given.
If product- or service‑specific terms apply in addition to these general terms, the second and third paragraphs apply accordingly, and in the event of conflicting general terms the consumer may always rely on the provision most favorable to them.
If one or more provisions of these general terms are wholly or partially void or annulled, the contract and other provisions remain in effect. The affected provision will be replaced without delay through consultation with a provision that approximates the intent of the original provision as much as possible.
Situations not regulated in these general terms will be judged ‘in the spirit’ of these general terms. Ambiguities in the interpretation or content of one or more provisions of our terms shall also be interpreted ‘in the spirit’ of these general terms.
ARTICLE 4 – THE OFFER
If an offer has a limited validity period or is made subject to conditions, this is explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer includes a complete and accurate description of the offered products and/or services, detailed enough for the consumer to make a proper evaluation. If the entrepreneur uses images, they truthfully represent the offered products and/or services. Manifest errors or typos in the offer do not bind the entrepreneur.
All images, specification data in the offer are indicative and cannot lead to compensation or dissolution of the contract. Product images are truthful representations; the entrepreneur cannot guarantee that displayed colors exactly match the actual product colors.
Each offer contains information that makes clear to the consumer what rights and obligations are associated with acceptance of the offer. This information includes:
- price (excluding customs duties and import VAT; such costs are at the customer’s risk and “collected upon import” by the mail or courier at destination within the EU);
- any shipping costs;
- how the contract will be concluded and what steps are necessary;
- whether the right of withdrawal applies;
- payment, delivery, and execution methods;
- deadline for acceptance of the offer or period for which the price is guaranteed;
- cost of distance communication if charged differently than base rate;
- whether the contract will be archived after conclusion and how the consumer can access it;
- means for the consumer to check and correct their submitted data before concluding;
- other languages in which the contract can be concluded besides Dutch;
- codes of conduct to which the entrepreneur subscribes and how to consult them electronically;
- the minimum duration of the distance contract if it is a duration transaction;
- optional: sizes, colors, material types.
ARTICLE 5 – THE CONTRACT
The contract is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets any stated conditions.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt electronically. Until this confirmation, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur will implement suitable technical and organizational measures to protect electronic data transfer and ensure a secure web environment. If electronic payment is possible, appropriate security will also be in place.
The entrepreneur may, within legal limits, investigate whether the consumer can meet payment obligations and other factors relevant for responsibly entering into a distance contract. If justified, the entrepreneur may refuse or subject an order or request to special conditions.
At or with the product or service, the entrepreneur shall provide the consumer, in writing or in a form accessible on a durable medium, at least:
- the entrepreneur’s visit address for complaints;
- conditions and procedure for exercising right of withdrawal, or notice of its exclusion;
- guarantee and after‑sales service information;
- information from Article 4 paragraph 3, unless already provided before contract;
- cancellation requirements if the contract’s term exceeds one year or is indefinite.
For duration transactions, the previous paragraph applies only to the first delivery.
Every contract is contingent upon sufficient availability of the relevant products.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to withdraw from the contract without reason within 14 days. This reflection period starts the day after receipt of the product by the consumer or a designated representative.
During the reflection period, the consumer shall handle the product and packaging carefully and may only unpack or use it to the extent necessary to determine if they wish to keep it. If exercising right of withdrawal, the consumer shall return the product with all accessories and, if reasonably possible, in original condition and packaging, following the entrepreneur’s reasonable and clear instructions.
To invoke the right of withdrawal, the consumer must inform the entrepreneur in writing/email within 14 days of receipt. After notification, the consumer must return the product within 14 days and provide proof of timely return, e.g., shipping receipt. If not notified or returned within the specified periods, the purchase becomes final.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received or proof of full return provided.
ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur may exclude the consumer’s right of withdrawal for certain products or services if clearly stated in the offer or before contract conclusion. Exclusion is only possible for:
Products:
- made to consumer specifications;
- clearly personal in nature;
- not returnable by nature;
- perishable or quickly expiring;
- price tied to financial market fluctuations beyond entrepreneur’s control;
- loose newspapers and magazines;
- audio/video recordings or software after seal has been broken;
- hygienic products after seal has been broken.
Services: - related to accommodation, transport, catering, or leisure recreation on specific dates or periods;
- whose delivery started with consumer’s explicit consent before withdrawal period ends;
- related to betting and lotteries.
ARTICLE 9 – PRICE
We reserve the right to change prices during the offer validity period, including due to changes in VAT rates.
However, products or services with prices tied to financial market fluctuations may be offered at variable prices, disclosed in the offer as indicative.
Price increases within three months of contract conclusion are allowed only if statutory or regulatory. After three months, permitted only if: (1) statutory/regulatory or (2) the consumer has the right to terminate the contract effective when the price increase takes effect.
The place of delivery, under the VAT Act 1968, is where transport starts — in this case, outside the EU. Accordingly, customs duties and import VAT will be collected upon delivery by postal/courier services. As a result, our prices exclude VAT. All prices are subject to typographical and typesetting errors. We disclaim liability for such errors. We are not obliged to fulfil an order at an incorrect price.
ARTICLE 10 – CONFORMITY AND WARRANTY
We warrant that the products and/or services will comply with the contract, offer specifications, reasonable quality and usability standards, and statutory/professional regulations existing at the time of contract conclusion. If agreed, we also warrant suitability for other than normal use.
Any warranty provided by us, manufacturer, or importer does not affect the consumer’s statutory rights and claims under the contract.
Reported defects or incorrect deliveries must be notified within 14 days in writing. Returns must be in original packaging and new condition. Our warranty term equals the factory warranty. We are not responsible for suitability for individual uses or advice regarding product use.
The warranty does not apply if:
- the consumer repaired or modified products themselves or through third parties;
- products exposed to abnormal conditions or mishandled;
- defects caused wholly or partly by government regulations regarding materials.
ARTICLE 11 – PERSONAL INFORMATION
Your submission of personal data through the shop is governed by our Privacy Policy. To view it, visit our privacy policy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping costs, transit times, and availability. We reserve the right to correct such errors, change or update information, or cancel orders if information in the Service or related website is inaccurate at any time—even after you place your order.
We are not obligated to update or clarify info in the Service, including pricing, unless required by law. No ‘last updated’ date may suggest all information has been modified or updated.
SECTION 13 – CHANGES TO THE TERMS OF SERVICE
You may always view the latest version of the Service Terms on this page.
We reserve the right, at our discretion, to update, modify, or replace any part of these Service Terms by posting updates and changes on our website. It is your responsibility to review our website periodically. Continued use of our website or Service following changes to the Terms constitutes acceptance of those changes.