Terms and Conditions

 

Introduction 

These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our website or place an order through our website. They contain important information for you as a buyer. Please read them carefully.   

1. Definitions

In these General Terms and Conditions, the following terms shall have the following meanings:

1.1 General Terms and Conditions: these general terms and conditions.
1.2 No Excess B.V.: having its registered office in Amsterdam and listed in the Dutch Chamber of Commerce under number 34073682, trading under the name No Excess B.V.
1.3 Website: the website of No Excess B.V., accessible at www.no-excess.com and its subdomains.
1.4 Consumer: any natural person who is not acting for purposes related to their trade, business, craft, or profession.
1.5 Customer: the natural person, being the Consumer, who enters into an Agreement with No Excess B.V. and/or is registered on the Website.
1.6 Agreement: any agreement entered into between No Excess B.V. and the Customer, including any amendments or additions thereto, as well as all (legal) acts in preparation for and/or execution of such agreement.
1.7 Right of Withdrawal: the Customer’s right to withdraw from distance Agreements within the statutory reflection period.

2. Applicability of the General Terms and Conditions

2.1 These General Terms and Conditions apply to all offers, Agreements, and deliveries made by No Excess B.V. to the Customer.

2.2 Before the Agreement is concluded, the text of these General Terms and Conditions shall be made available to the Customer. If the Agreement is concluded remotely by electronic means, the text of these General Terms and Conditions may, prior to the conclusion of the Agreement, be provided to the Customer electronically in such a way that it can be easily stored by the Customer on a durable data carrier. If providing the General Terms and Conditions in advance – whether electronically or otherwise – is not reasonably possible, No Excess B.V. shall, before concluding the Agreement, indicate how the General Terms and Conditions can be reviewed at No Excess B.V. – whether electronically or otherwise – and that they will be sent free of charge to the Customer as soon as possible upon request.

2.3 If the Customer accepts the General Terms and Conditions but also wishes to declare additional provisions applicable that deviate from or are not included in the General Terms and Conditions, such provisions shall only be binding on No Excess B.V. if and insofar as No Excess B.V. has expressly accepted them in writing.

3. Prices and Information

3.1 All prices stated on the Website and in other materials originating from No Excess B.V. are inclusive of taxes and other charges imposed by the authorities, unless otherwise stated on the Website. If shipping costs are charged, these will be clearly indicated before the Agreement is concluded. These costs will also be shown separately during the ordering process.

3.2 The offer and content presented on the Website contain a complete and accurate description of the offered products, digital content, and services. The description is sufficiently detailed to enable the Customer to make a proper assessment of the offer. The images used on the Website provide a truthful representation of the offered products. Obvious mistakes or errors in the offer do not bind No Excess B.V.

3.3 No Excess B.V. cannot be held liable for colour deviations resulting from the quality of the colours displayed on the screen.

4. Conclusion of the Agreement

4.1 The Agreement is concluded at the moment the Customer accepts the offer made by No Excess B.V. under the conditions set by No Excess B.V.

4.2 If the Customer accepts the offer electronically, No Excess B.V. shall promptly confirm receipt of the acceptance by electronic means in the form of an electronic order confirmation. As long as the receipt of the acceptance has not been confirmed, the Customer is entitled to cancel the Agreement free of charge. Until No Excess B.V. has sent an electronic confirmation, the Customer cannot enforce fulfilment of the placed order.

4.3 If the Agreement is concluded electronically, No Excess B.V. shall implement appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the Customer is able to make electronic payments, No Excess B.V. shall take appropriate security measures.

4.4 At the latest upon delivery of the product, service, or digital content, No Excess B.V. shall provide the Customer with the following information in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable data carrier:

(a) the visiting address of No Excess B.V.’s place of business where the Customer can lodge complaints.

(b) the conditions under which and the manner in which the Customer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded.

(c) information regarding warranties and after-sales service.

(d) the price including all taxes of the product, service, or digital content.

(e) where applicable, the costs of delivery, and the method of payment, delivery or performance of the distance Agreement.

(f) the requirements for terminating the Agreement if it has a duration of more than one year or is of indefinite duration.

(g) if the Customer has a right of withdrawal, the model withdrawal form.

4.5 If it appears that the Customer has not paid for the order, the Customer cannot derive any rights from the placed order. In such a case, No Excess B.V. may suspend the Agreement until full payment has been received.

4.6 If it becomes apparent that the Customer has provided incorrect information when accepting or otherwise entering into the Agreement, No Excess B.V. has the right to suspend the Agreement until the correct information is received.

4.7 No Excess B.V. is entitled, within the boundaries of the law, to assess whether the Customer is able to meet its payment obligations. If No Excess B.V. has valid reasons not to enter into the Agreement, it is entitled to refuse or cancel an order or application.

5. Registration

5.1 To make optimal use of the Website, the Customer may create an account. Within the account, the Customer can view personal information such as their residential address and an overview of their orders, payments, and returns.

5.2 During the registration process, the Customer will be asked to choose a username and password with which to log into the Website. The Customer is responsible for choosing a sufficiently secure password.

5.3 The Customer must keep their login credentials, username, and password strictly confidential. No Excess B.V. cannot be held liable for any misuse of login credentials and may always assume that any Customer who logs into the Website is the actual authorised user. The Customer is responsible for, and bears the full risk of, all actions and transactions carried out via their account.

5.4 If the Customer knows or has reason to suspect that their login credentials have come into the possession of unauthorised persons, they are obliged to change their password as soon as possible and/or notify No Excess B.V. in the manner described in Article 10.1 of these General Terms and Conditions, so that No Excess B.V. can take appropriate measures.

6. Performance of the Agreement

6.1 As soon as No Excess B.V. has received the order, it shall dispatch the products without delay and in accordance with the provisions of paragraph 3 of this Article.

6.2 No Excess B.V. is entitled to engage third parties in the performance of its obligations under the Agreement.

6.3 The Website provides information regarding the delivery, payment, and return terms of a product. After purchasing a product, the Customer will receive an order confirmation by email, in which the delivery terms are confirmed. If no delivery period has been agreed and none is stated on the Website, the product shall be delivered no later than within 30 days.

6.4 If No Excess B.V. is unable to deliver the products within the agreed period, it shall notify the Customer without delay. In such cases, No Excess B.V. may propose a new delivery period. If the Customer does not agree with the newly proposed delivery period, they shall have the right to terminate the Agreement free of charge. The right to terminate as described in this article does not affect the Customer’s other statutory rights that cannot be waived.

6.5 No Excess B.V. requests the Customer to inspect the products upon receipt and to report any defects within a reasonable period via the return portal on the Website.

6.6 The risk of the products transfers to the Customer once the products have been delivered to the agreed delivery address.

6.7 If the ordered product is no longer available, No Excess B.V. shall inform the Customer without delay. In consultation with the Customer, No Excess B.V. may agree to deliver a product that is comparable in nature and quality to the unavailable product. If the Customer does not wish to receive a comparable product, they shall have the right to terminate the Agreement free of charge for the portion of the Agreement relating to the unavailable product.

7. Right of Withdrawal

7.1 The Customer has the right to terminate the Agreement with No Excess B.V. within 30 days after receiving the product, free of charge and without stating any reason.

7.2 This withdrawal period starts on the day after the product has been received by the Customer, or by a third party designated by the Customer who is not the carrier, or, in the case of an order consisting of multiple shipments or parts: the day on which the Customer, or a third party designated by the Customer, receives the final shipment or part.

7.3 Any shipping costs and purchase price paid by the Customer will be refunded upon return of the entire order. If the order was shipped to the Netherlands, Belgium, Luxembourg, or Germany, No Excess B.V. is responsible for the shipping and return costs. If the return address is outside these countries, the Customer shall be responsible for the shipping and return costs.

7.4 If the Customer chooses to use a shipping and/or return method other than that offered by No Excess B.V. on the Website, the Customer shall bear any resulting costs. No Excess B.V. will not reimburse such costs. The Customer bears all risk for return shipments. The mere fact that the Customer uses a shipping or return method offered by No Excess B.V. on the Website does not mean that the risk transfers to No Excess B.V.

7.5 If the Customer is entitled to reimbursement of the shipping and return costs by No Excess B.V., these will only be refunded once the entire order has been received.

7.6 During the reflection period referred to in Article 7.1, the Customer shall handle the product and its packaging with care. The Customer may only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The Customer may try on, touch, and examine an item, as they would in a physical store. Please ensure that returned items (if possible) are in their original packaging and that all tags are still attached. The barcode on the item packaging enables us to process the return. If any decrease in value occurs due to handling beyond what is allowed in a store, we may hold the Customer liable for such depreciation.

7.7 The Customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

7.8 The Customer may terminate the Agreement by notifying No Excess B.V. of the withdrawal (digitally or otherwise) within the withdrawal period, either by using the model withdrawal form or by making another clear declaration. The model form is included as Annex I to these General Terms and Conditions. Upon receiving the withdrawal notice, No Excess B.V. will confirm receipt without delay.

7.9 As soon as possible, but no later than 30 days from the day of notification as referred to in paragraph 2, the Customer must return the product or hand it over to (a representative of) No Excess B.V. The Customer may register the product for return via the return portal on the Website within the period referred to in paragraph 2 and then return it directly to No Excess B.V.

7.10 The purchase price paid in advance by the Customer will be refunded as soon as possible, but no later than within 14 days after termination of the Agreement. Unless No Excess B.V. offers to collect the product itself, it may delay the refund until it has received the product or the Customer has provided proof of return, whichever occurs first. If the Customer returns the entire order, the original shipping costs, in addition to the purchase price and return costs, will also be refunded.

7.11 If the Customer has added a free promotional item to the original order via the Website, and the order total falls below the promotional threshold after returning products, the Customer must also return the promotional item. If not, No Excess B.V. will deduct the value of the promotional item from the refund due to the Customer.

7.12 Information on the applicability or non-applicability of the right of withdrawal and the procedure to follow is stated on the Website and in these General Terms and Conditions and shall be communicated to the Customer in accordance with Article 4.4(g).

7.13 The right to cancel does not apply to sealed goods that are not suitable for return due to health protection or hygiene reasons, if the seal has been broken after delivery.

8. Payment

8.1 The Customer shall pay the amounts due to No Excess B.V. in accordance with the ordering procedure and using the payment methods indicated on the Website. As long as the Customer has not fulfilled their payment obligation, no rights can be derived from the placed order.

8.2 No Excess B.V. offers various payment methods to the Customer but may modify this offering at any time. In the case of payment within 30 days via Klarna, the Customer is granted a payment term of 30 days starting from the day following the dispatch of the goods.

8.3 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, No Excess B.V. offers the Customer a Klarna payment method. Under this method, payment must be made to Klarna within a 30-day payment term from the shipment of the goods by No Excess B.V. The use of Klarna’s payment service is subject to Klarna’s general terms and conditions. The terms and conditions for the markets in which Klarna’s payment method is available can be found here:
Germany, Finland, Austria, and the Netherlands.

8.4 The payment method offered by Klarna is only available following a positive credit assessment. For this purpose, No Excess B.V. will forward the Customer’s data to Klarna for an address and credit check during the order process and the processing of the order. Depending on the result of the credit assessment, No Excess B.V. may only offer those payment methods available based on Klarna’s evaluation. General information about Klarna and the applicable user terms per country is available at www.klarna.com. The Customer’s personal data will be processed in accordance with applicable data protection laws and as described in Klarna’s privacy policy. Klarna’s privacy policy is available at: https://www.klarna.com/international/privacy-policy/

9. Conformity

9.1 No Excess B.V. guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the applicable statutory provisions and/or government regulations in force at the time the Agreement is concluded.

9.2 If the delivered product does not conform to the Agreement, the Customer must notify No Excess B.V. within a reasonable period after discovering the defect.

9.3 If No Excess B.V. deems the complaint to be justified, the defective product(s) will, in consultation with the Customer, either be repaired, replaced, or refunded. Without prejudice to the Customer’s statutory right to compensation for actual damage suffered, the maximum amount of compensation shall be equal to the price paid by the Customer for the product.

9.4 The Customer may exercise the rights granted under this article without prejudice to any other rights or claims granted by law that cannot be excluded or limited.

10. Complaints Procedure

10.1 If the Customer has any complaints regarding a product (in accordance with Article 9 – Conformity) and/or other aspects of the services provided by No Excess B.V., the Customer may submit a complaint by telephone, email, or post. Please find the contact details of No Excess B.V. below:
[insert contact details]

10.2 No Excess B.V. will respond to the complaint as soon as possible, and in any case within 3 working days of receipt. If it is not yet possible for No Excess B.V. to provide a substantive response within this period, No Excess B.V. will confirm receipt of the complaint within 3 working days and indicate the timeframe within which it expects to provide a full response.

10.3 If the Customer is a Consumer, they may also submit a complaint via the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/

 

11. Personal Data

11.1 No Excess B.V. will process the Customer’s personal data in accordance with the Privacy Policy. The Privacy Policy of No Excess B.V. can be found here: https://no-excess.com/pages/privacy-policy

12. Final Provisions

12.1 The Agreement is governed by Dutch law.

12.2 Unless otherwise required by mandatory law, any disputes arising from the Agreement and/or these General Terms and Conditions shall be submitted by the Customer to the competent Dutch court in the district where No Excess B.V. is established, without prejudice to the Customer’s right to bring the dispute before the competent court in their own district of residence.

12.3 If any provision of these General Terms and Conditions is found to be invalid, this shall not affect the validity of the General Terms and Conditions as a whole. In such a case, the parties shall agree on one or more new provisions to replace it, which reflect the original intent as closely as possible.

12.4 The term "in writing" in these General Terms and Conditions shall also include communication by email, provided the identity of the sender and the authenticity of the email are sufficiently established.

12.5 The Customer warrants that they are entering into the Agreement in their capacity as a Consumer. Should it be established that the Customer did not conclude the Agreement as a Consumer, these General Terms and Conditions shall not apply to the Agreement. In that case, the Agreement shall be governed exclusively by No Excess B.V.'s general terms and conditions for business customers, which can be found here: https://no-excess.com/pages/terms-and-conditions

Annex I – Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the Agreement)

To: No Excess B.V.
(Please consult your account on our website for the correct return address.)
Email: [insert email address or link to online return form]

I/We* hereby give notice that I/we* withdraw from our Agreement regarding:

·       The purchase of the following products: [description of product]*

·       The delivery of the following digital content: [description of digital content]*

·       The performance of the following service: [description of service]*

Ordered on*/received on*: [insert date of order for services or date of receipt for products]

[Name of consumer(s)]
[Address of consumer(s)]

Signature of consumer(s): ______________________
(only required if this form is submitted on paper)

Contact Details

No Excess B.V.
Maroastraat 79, 1060 LG, Amsterdam
webshop@no-excess.com