1. Company information nez living
nez living sells, among other things, sustainably produced notebooks and other stationery (hereinafter: ‘Products’) to consumers via its website www.nezliving.com.
nez living has its registered office in (2517 JR) Den Haag at the Johan de Wittlaan 7, PO Box 63511 (2502 JM) Den Haag, and can be contacted using the contact form on the website www.nezliving.com. It can also be reached by email at firstname.lastname@example.org.
The Chamber of Commerce-number for nez living is 80918263, and its VAT-
identification number is NL003504209B93.
2. Applicability and acceptance of general terms and conditions
2.1 To the exclusion of any general terms and conditions on the side of the customer, these general terms and conditions (hereinafter: ‘Conditions’) apply to each offer made by nez living and to all sales of Products through the website, unless expressly agreed otherwise in writing.
2.2 nez living exclusively sells the Products via its website. The Conditions are presented to the customer before the finalization of the ordering process. A customer can only complete their order after accepting the Conditions. The Conditions can also be found on the website www.nezliving.com.
3. Prices, ordering and paying
3.1 The prices listed on the website are inclusive of VAT and are offered in the following currencies: American Dollar, Australian Dollar, British Pound, Canadian Dollar, Danish Krone, Euro, New Zealand Dollar, Norwegian Krone, Swedish Krone, and Swiss Frank.
3.2 To place an order, the customer places the intended type and the intended number of Products in their cart. In the cart, the customer can click on ‘order’. The customer can then choose to order using its (previously created or to be created) account or as a guest. Both options are possible. The customer is then led to an order overview and asked to enter the delivery details. After accepting the Conditions, the customer pays the order. The order is final when payment has been made and they have received an order confirmation.
3.3 Payment can be made using the following payment options: credit card, debit card, PayPal, Klarna, Apple Pay, Click to Pay, Google Pay, Microsoft Pay, bancontact, EPS, giropay, iDEAL and Multibanco.
3.4 During the ordering process and up to the moment of receiving the order confirmation, the customer can cancel the order at any given time. If a customer wishes to abandon the order after receiving the order confirmation, they must invoke its right of withdrawal.
4. Delivery and terms of delivery
4.1 nez living delivers to the delivery address provided by the customer. It is the customer’s responsibility to make sure that the address provided is correct. Inconsistencies in the address details are at the risk and expense of the customer.
4.2 nez living uses the delivery time stated on its website/ agreed on at the time of the order. nez living does its utmost to deliver the Products in accordance with the delivery time as stated/agreed on, but the customer cannot derive any rights from this.
4.3 If no delivery time is stated or agreed on, the statutory delivery period of 30 days applies.
4.4 In the event that a delivery is delayed or only part of a delivery can be delivered within the stated delivery time, nez living will inform the customer of the delay. The customer may then cancel the order in part or in full (such at the customer’s discretion), free of charge, and shall be entitled to the full or partial refund of the paid amounts, depending on whether they cancel the full order or part of the order.
4.5 nez living carries the risks of loss and damage of a delivery up to the moment the delivery is made, irrespective of whether the Products are delivered by parcel post or letterbox mail. If a customer has indicated that the order may be delivered to their neighbors, the delivery to the neighbors will be the moment of delivery.
5. Right of withdrawal, return shipment and refund
5.1 The customer is entitled to fully or partially withdraw their order within 14 days after the day of receipt without giving a reason. If the order is delivered through partial deliveries, the right of withdrawal commences on the day of the final delivery.
5.2 If a customer wishes to invoke their right of withdrawal, they may use the relevant withdrawal form or inform nez living of this in another unambiguous way. The withdrawal form can be downloaded on the website. nez living may inquire after the reason for the withdrawal so as to improve its website and the Products, but the customer is not obligated to state their reason(s).
5.3 The customer will return the Products without delay, but no later than within 14 days of the day following the notification referred to in 5.2.
5.4. The risk and the burden of proof of the timely and correct invocation of the right of withdrawal lie with the customer.
5.5 The customer carries the risk and the costs of returning the Products irrespective of whether they return the full order or part of the order and irrespective of the carrier they use.
5.6 The right of withdrawal does not apply to any personalized or specifically commissioned Products.
5.7 nez living confirms the receipt of the withdrawal form or notification pursuant to article 5.2. to the customer.
5.8 nez living will refund the returned Products within 14 days after receipt or proof of receipt, in the same way in which the purchase amount of the Products was received. Customer and nez living may also agree on another method of refund.
5.9 If the customer has paid shipping costs for the shipping of the order by nez living, they will receive a refund of these costs upon the return of the full order in accordance with the provisions of article 5.7. If the customer only returns part of the order, nez living will not refund the shipping costs, only the purchase price of the returned Product(s).
5.10 During the withdrawal period, the customer will handle the Products and the packaging with due care. The customer will only unpack or use the Products to the extent necessary to test the nature, characteristics and the use of the Products. The starting point is that the customer only tests Products in the way they would in a physical store. The customer is liable for any decrease in value if they use the Products in any other way than for assessing them, such as writing in notebooks or creasing/ tearing paper. In case of a decrease in value as intended in this article, the purchase price will not be refunded or will be set off with the damage.
5.11 If the periods referred to in this article expire on the weekend or a public holiday, the period in question shall end on the next working day.
6.1 nez living guarantees that the Products comply with (i) the Agreement, (ii) the specifications listed in the offer on the Website, (iii) the reasonable requirements of soundness and/ or usability and (iv) legislations and government regulations effective at the date of the conclusion of the Agreement.
6.2 If the Agreement or the delivered Products do not comply with the agreed on requirements and the client reports this in a timely fashion (in accordance with the provisions of article 7), nez living shall be obligated to do its utmost to provide the desired additions and corrections, if the customer so requires.
6.3 Any changes or corrections to personalized Products at the customer's request that deviate from the agreed on instructions will be charged to the customer separately, based on nez living’s standard rates.
7.1 A substantiated complaint about the (execution of) agreement or Products, including questions about the invoice and the request to provide additions or corrections, must be filed with nez living in writing and without delay, in the absence of which the customer is deemed to be a satisfied customer. Complaints never entitle the customer to suspend payment.
7.2 If a customer does not complain within the timeframe referred to under 7.1, their rights to claims shall expire. This applies to any case in which the client has not filed their written and substantiated complaint within one week of becoming aware of, or reasonably should have become aware of, their rights.
7.3 Complaints will be handled by nez living without delay, but always within 14 days after receipt. If a complaint requires a foreseeable longer processing time, nez living will inform the customer of this. nez living will also provide an indication of when the customer may expect a more detailed answer.
8. Liability and indemnification
8.1 nez living is not liable for any damage suffered by the customer as a result of the order/ agreement it has with nez living.
8.2 The customer indemnifies nez living against any third party claims, including reasonable costs of defense against such claims, that are related to or are connected with the order/ agreement, unless these are the result of gross negligence or intent on the part of nez living.
8.3 Without prejudice to the provisions in 8.1. and 8.2, nez living’s liability is limited to the invoice amount of the relevant order.
8.4 Any liability on the side of nez living expires one year after the delivery of the order.
9. Confidentiality and privacy
9.2 nez living is not responsible or liable for the way in which any third parties it engages for the performance of the Agreement process personal data.
9.3 If nez living has a legal obligation to provide certain information or personal data, it will comply with its legal obligation.
9.4 If a customer obtains personal data of (employees of) nez living or any third parties involved in the context of their order/ the agreement, they shall handle the data with due confidentiality.
10. Intellectual Property Rights
10.1 If the Products are subject to intellectual property rights, these lie with nez living, even and to the extent that Products were personalized.
11. Other stipulations
11.1 nez living may unilaterally adjust the Conditions at any time. The most recent version of the Conditions can be found on the website www.nezliving.com. The version of the Conditions accepted by the customer when placing the order will be considered the agreed on Conditions.
11.2 Dutch law governs any agreements by/ with nez living. In the event of a dispute, the court in Utrecht will be competent.