WELCOME TO NOAVARA
Términos y Condiciones
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term contract: a distance contract relating to a series of products and/or services, the supply and/or purchase obligations of which are spread over time;
Durable medium: any tool that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation 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 to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer under an organized distance sales system, whereby one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
Means of distance communication: a tool that can be used for concluding a contract without the consumer and the entrepreneur being in the same place at the same time;
General terms and conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company Name: NOAVARA
Trading Name: NOAVARA
Chamber of Commerce Number (KvK): 97295922
VAT Number: NL005263229B89
Business Address: Rembrandtstraat 8, 5914 TE Venlo, The Netherlands
Customer Service Email Address: support@noavara.com
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and every order placed 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, it will be indicated where the general terms can be viewed and that they will be sent free of charge at the consumer’s request before the contract is concluded.
If the distance contract is concluded electronically, the text may be provided electronically so that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated where the terms can be accessed electronically and that they will be sent free of charge upon request.
If specific product or service conditions also apply in addition to these general conditions, paragraphs 2 and 3 apply accordingly, and in case of conflicting conditions, the consumer may rely on the most favorable applicable clause.
If any provision in these terms is void or annulled, the remainder of the contract and terms remain valid, and the voided provision shall be replaced by a mutually agreed clause that closely approximates the original purpose.
Unregulated situations should be interpreted "in the spirit" of these terms.
Ambiguities regarding interpretation or content of provisions shall be interpreted "in the spirit" of these terms.
Article 4 – The Offer
If an offer has a limited duration or is subject to specific conditions, this will be clearly stated.
Offers are non-binding. The entrepreneur reserves the right to change or adapt the offer.
The offer contains a complete and accurate description of the products and/or services. Descriptions are detailed enough to allow the consumer to make a proper evaluation. Images used must truthfully represent the products/services. Obvious mistakes or errors do not bind the entrepreneur.
All images and specifications are indicative and cannot form grounds for compensation or contract cancellation.
Product images reflect the offered items, but color accuracy may vary due to screen differences.
Each offer includes enough information to clarify to the consumer the rights and obligations attached to acceptance, such as:
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Price excluding customs and import VAT. These will be borne by the consumer. The postal or courier service will handle this as part of the special procedure for import VAT collection;
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Shipping costs;
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How the contract will be concluded and the required steps;
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Whether the right of withdrawal applies;
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Payment, delivery, and contract performance methods;
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Validity period of the offer and pricing;
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Distance communication cost, if different from the standard rate;
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Contract archiving and access details;
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How the consumer can check and correct input errors;
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Contract languages (besides Dutch);
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Applicable codes of conduct and access to them;
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Minimum duration of distance contracts in case of long-term obligations;
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Optional: available sizes, colors, material types.
Article 5 – The Contract
The contract is concluded when the consumer accepts the offer and meets its conditions, unless stated otherwise in paragraph 4.
If the consumer accepts the offer electronically, NOAVARA confirms receipt of acceptance electronically. Until confirmed, the consumer may dissolve the contract.
For electronic contracts, NOAVARA ensures secure data transmission and a secure website. Electronic payments are also secured.
The entrepreneur may, within legal limits, assess the consumer’s ability to meet payment obligations. If justified, NOAVARA may reject an order or impose special conditions.
At the time of delivery, NOAVARA will provide the following, in writing or via a durable medium:
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Physical address for complaints;
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Conditions and procedure for withdrawal or notice of its exclusion;
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Warranty and after-sales details;
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Article 4(3) data unless already provided;
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Termination conditions if the contract exceeds one year or is indefinite.
For long-term contracts, this only applies to the first delivery.
Each contract is subject to product availability.
Article 6 – Right of Withdrawal
Upon purchasing products, consumers may cancel the contract without reason within 14 days of receiving the product.
During this period, the consumer must handle the product and packaging carefully and only as needed to determine desire to keep it.
To withdraw, the consumer must notify NOAVARA in writing or by email within 14 days and return the product within the following 14 days. Proof of timely return is required.
If no notification or return occurs within these periods, the purchase becomes final.
Article 7 – Withdrawal Costs
If the consumer exercises the right of withdrawal, return shipping costs are at the consumer’s expense.
If payment was made, NOAVARA will refund it within 14 days, provided the returned goods have been received or proof of return is submitted.
Article 8 – Exclusion of Withdrawal Right
The right of withdrawal can be excluded for the products listed in paragraphs 2 and 3, provided this was clearly stated in the offer or before contract conclusion.
Exclusion applies to:
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Custom-made or personalized items;
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Items that cannot be returned due to nature or perishability;
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Items subject to market fluctuations;
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Newspapers and magazines sold individually;
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Unsealed audio/video recordings or software;
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Unsealed hygiene products.
Also excluded: accommodation, transport, catering, or leisure activities for specific dates, or services that have started with consumer consent before the withdrawal period ended, and gambling-related services.
Article 9 – Pricing
Prices will not increase during the offer period, except due to VAT changes.
Exceptions apply to prices subject to financial market fluctuations, which are beyond NOAVARA’s control. This will be disclosed in the offer.
Price increases within 3 months after contract conclusion are allowed only by law.
After 3 months, increases are allowed only if contractually agreed and:
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Required by law, or
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The consumer may cancel the contract from the date of the price increase.
Under Dutch VAT law, the place of delivery is the shipping origin. Delivery occurs outside the EU, so import VAT and customs duties will be collected by the courier. NOAVARA does not charge VAT.
Typographical or printing errors are not binding. In case of such errors, NOAVARA is not obliged to deliver the product at the incorrect price.
Article 10 – Compliance and Warranty
Previous Contract: valid from April 1, 2024, to April 15, 2025.
Future Contract: valid from April 15, 2025, to April 15, 2026.
NOAVARA guarantees that products/services comply with the contract, specifications, reasonable quality expectations, and legal requirements at the time of the contract. Additional suitability is guaranteed only if explicitly agreed.
Manufacturer/importer warranties do not affect consumer legal rights.
Defects or incorrect deliveries must be reported within 14 days. Returns must be in original packaging and like-new condition.
Warranty aligns with the manufacturer's warranty. NOAVARA is not responsible for product suitability for specific consumer use or usage advice.
Warranty excludes:
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Consumer or third-party modifications/repairs;
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Improper use or storage;
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Defects from government regulations on materials.
Article 11 – Delivery and Execution
NOAVARA handles order processing with care.
Delivery address is the address provided by the consumer.
Orders are processed within 30 days unless otherwise agreed. Delays will be communicated within 30 days. The consumer may then cancel the contract without penalty and is entitled to a refund within 14 days.
If delivery is impossible, a substitute product may be provided, clearly identified as such. The right of withdrawal still applies, and return costs are borne by NOAVARA.
Risk of loss or damage passes to the consumer upon delivery unless otherwise agreed.
Article 12 – Long-Term Contracts: Duration, Termination, and Renewal
Termination
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The consumer may cancel indefinite contracts with one month’s notice.
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Fixed-term contracts can be cancelled at the end of the term with one month’s notice.
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Termination must be possible with the same method as contract conclusion.
Renewal
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Fixed-term contracts cannot be automatically extended.
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Exception: subscriptions to newspapers/magazines can be renewed for max 3 months, cancelable with one month’s notice.
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Indefinite renewal is allowed if the consumer can cancel at any time with one month’s notice (three months for less-than-monthly deliveries).
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Trial subscriptions end automatically.
Duration
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Contracts over one year may be terminated after one year with one month’s notice unless fairness dictates otherwise.
Article 13 – Payment
Unless otherwise agreed, payment is due within 7 working days after the start of the withdrawal period.
In service contracts, this period starts after confirmation of the contract.
Consumers must report payment data errors promptly.
In case of non-payment, NOAVARA may charge reasonable pre-communicated costs within legal limits.
Article 14 – Complaints Procedure
Complaints must be submitted clearly and completely within 7 days of identifying defects.
They will be addressed within 14 days. If more time is needed, a receipt confirmation and response timeline will be provided.
If unresolved, the complaint becomes a dispute subject to the dispute resolution procedure.
Complaints do not suspend consumer obligations unless NOAVARA states otherwise.
If the complaint is justified, NOAVARA may choose to replace or repair the product at no cost.
Article 15 – Disputes
Contracts between NOAVARA and consumers are governed exclusively by Dutch law, even if the consumer resides abroad.
Article 16 – CESOP
Due to the 2024 amendments to the Dutch VAT Act 1968 and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register transaction data in the European CESOP system.
