Terms & Conditions

Terms & Conditions – NÉLA (EU & NL Compliant)

Business Name: NÉLA
Address: Hengeveldebrink 74, 7544TR Enschede, Netherlands
Email: Nelamodest@outlook.com
Chamber of Commerce (KvK): 99699389
VAT Number: NL005406446B72

Applicable law: Dutch law (Dutch Civil Code Book 6 & 7) and EU Directive 2011/83/EU


Article 1 – Definitions

In these Terms & Conditions, the following definitions apply:

Cooling-off period
The period during which the consumer can exercise the right of withdrawal (EU Directive 2011/83/EU, Dutch Civil Code Article 6:230o).

Consumer
A natural person who does not act in the course of a profession or business and enters into a distance contract (Dutch Civil Code Article 6:230a).

Continuous performance contract
A distance contract relating to a series of products or services delivered over a period of time.

Durable data carrier
Any tool that enables the consumer or trader to store information addressed personally to them for future reference.

Right of withdrawal
The consumer’s right to cancel a distance contract within the cooling-off period.

Withdrawal form
A standard form provided for exercising the right of withdrawal.

Entrepreneur / Trader
The natural or legal person offering products or services at a distance.

Distance contract
A contract concluded between the trader and the consumer exclusively using remote communication techniques.

Remote communication technique
Any means that allows a contract to be concluded without the parties being physically present together.

General Terms and Conditions
The present terms and conditions of NÉLA.


Article 2 – Identity of the Entrepreneur

NÉLA
Hengeveldebrink 74
7544TR Enschede
Netherlands

Email: Nelamodest@outlook.com
Chamber of Commerce (KvK): 99699389
VAT Number: NL005406446B72


Article 3 – Applicability

  1. These Terms & Conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

  2. Before the contract is concluded, the consumer will be provided with these terms electronically or upon request in written form.

  3. Additional product or service conditions may apply. In the event of conflict, the provision most favorable to the consumer will prevail.

  4. If any provision is declared invalid, the remaining provisions remain fully applicable.

  5. Situations not regulated in these Terms & Conditions shall be assessed in accordance with the spirit of these Terms.


Article 4 – The Offer

  1. Offers are non-binding, unless explicitly stated otherwise.

  2. Product descriptions are accurate and complete. Images are illustrative and may slightly differ from the actual product.

  3. Each offer contains clear information about:

  • The price including VAT

  • Shipping costs

  • The manner in which the contract is concluded

  • The right of withdrawal

  • Payment, delivery and execution of the agreement

  • The validity period of the offer

  • Minimum duration of obligations for continuous contracts

  • Available languages

  • Any communication costs if applicable


Article 5 – The Agreement

  1. The agreement is concluded when the consumer accepts the offer and complies with the stated conditions.

  2. The entrepreneur will confirm receipt of the order electronically.

  3. Appropriate security measures will be taken to protect electronic data transmission.

  4. The entrepreneur may verify the consumer’s payment capability and may refuse an order if necessary.

  5. Upon delivery, the consumer will receive information regarding:

  • Complaint procedures

  • The right of withdrawal

  • Warranty and service

  • Relevant information regarding the agreement

  1. All orders are subject to availability of products.


Article 6 – Right of Withdrawal

For Products

Consumers have the right to cancel their purchase within 14 days without providing a reason.

The cooling-off period begins on the day the consumer receives the product.

Conditions:

  • The product must be handled carefully

  • The product must be returned within 14 days after withdrawal

The entrepreneur will refund the payment within 14 days after receiving the returned goods.


Article 7 – Costs in Case of Withdrawal

  • Return shipping costs are the responsibility of the consumer.

  • The consumer is liable for any decrease in value resulting from improper use of the product.

  • If the entrepreneur has not provided legally required withdrawal information, the consumer is not liable for depreciation.


Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for:

  • Products made according to customer specifications

  • Personalized products

  • Perishable goods

  • Sealed products that have been opened

  • Digital content after download with consumer consent

  • Services already started with the consumer’s approval


Article 9 – Price

All prices include VAT.

Prices remain valid during the period indicated in the offer and may only change due to:

  • Changes in VAT rates

  • Legal obligations


Article 10 – Conformity and Warranty

Products must comply with:

  • The agreement

  • The specifications stated in the offer

  • Reasonable expectations of quality and usability

Manufacturer warranties do not affect statutory consumer rights.

Any defects should be reported within 24 hours of receipt.

Warranty may become void if:

  • The product has been misused

  • The product has been repaired by unauthorized parties


Article 11 – Delivery and Execution

Products will be delivered to the address provided by the consumer.

Delivery will occur within 30 days, unless agreed otherwise.

If delivery is delayed, the consumer may cancel the agreement.

The risk of damage remains with the entrepreneur until the product has been delivered to the consumer.


Article 12 – Continuous Performance Contracts

Consumers may terminate continuous contracts with a maximum notice period of one month.

Automatic renewal is not permitted except for short-term subscriptions.

Contracts longer than one year may be cancelled annually.


Article 13 – Payment

Payments must be completed within 7 days after confirmation of the order.

Consumers must report any inaccuracies in payment details immediately.

In the event of non-payment, reasonable costs may be charged.


Article 14 – Complaints Procedure

The entrepreneur maintains a clear complaints procedure.

Consumers must submit complaints within two months after discovering the issue.

Complaints will be answered within 14 days.

If a complaint is justified, the product will be repaired or replaced free of charge.


Article 15 – Disputes

Dutch law applies exclusively.

The Vienna Sales Convention (CISG) does not apply.

EU consumer protection rights remain unaffected.


Article 16 – Additional or Deviating Provisions

Any additional or deviating provisions must not disadvantage the consumer and must be recorded in writing or electronically.


Article 17 – Privacy (GDPR / AVG)

Personal data is processed in accordance with GDPR regulations.

Personal data will only be used for:

  • Order processing

  • Payment handling

  • Customer service

Consumers have the right to:

  • Access their personal data

  • Request correction of inaccurate data

  • Request deletion of their data


📧 Contact:
Nelamodest@outlook.com