Terms & conditions

Introduction

Below you will find our General Terms and Conditions. These apply whenever you use or place an order through the Nigel Nawawi Webshop. The General Terms and Conditions contain important information for you as a buyer. Therefore, please read them carefully. Furthermore, we recommend saving or printing these conditions so you can refer to them later.

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Article 1. Definitions

1.1. Nigel Nawawi: established in Ede and registered with the Chamber of Commerce under registration number 84201509, operating under the name Nigel Nawawi.
1.2. General Terms and Conditions: the present Nigel Nawawi Webshop General Terms and Conditions.
1.3. Right of Withdrawal: the consumer's (Customer's) ability to withdraw from the Agreement within the cooling-off period.
1.4. Customer: the customer who, whether or not acting in the course of a profession or business, enters into an Agreement with Nigel Nawawi and/or has registered via the Webshop.
1.5. Agreement: any agreement or contract regarding an order in the Webshop between Nigel Nawawi and the Customer, of which these General Terms and Conditions form an integral part.
1.6. Webshop: the Webshop (online) operated by Nigel Nawawi via www.nigelnawawi.nl.

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Article 2. Applicability of General Terms and Conditions

2.1. These General Terms and Conditions apply to all offers, Agreements, and deliveries of Nigel Nawawi via the Webshop, unless expressly agreed otherwise in writing.
2.2. If the Customer includes provisions or conditions in their order, confirmation, or acceptance that deviate from or are not included in the General Terms and Conditions, they are only binding on Nigel Nawawi if explicitly accepted in writing by Nigel Nawawi.
2.3. The text of these General Terms and Conditions is made available to the Customer during the ordering process via a link, allowing the Customer to print and, if desired, download them. These General Terms and Conditions will be sent free of charge upon request. Such request can be directed to customer service, reachable via the contact details provided at the bottom of these terms.

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Article 3. Prices and Information

3.1. All prices stated in the Webshop and in other materials from Nigel Nawawi are inclusive of VAT and, unless otherwise stated, other government-imposed taxes.
3.2. The content of the Webshop is compiled with the utmost care. However, Nigel Nawawi cannot guarantee that all information in the Webshop is at all times accurate and complete. Therefore, all prices and other information communicated through the Webshop and other materials from Nigel Nawawi are subject to obvious programming and typographical errors.

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Article 4. Conclusion of Agreement

4.1. The Agreement is concluded electronically at a distance at the moment the Customer accepts Nigel Nawawi's offer and meets the conditions set by Nigel Nawawi. The offer includes a full and clear description of the offered products. All offers made by Nigel Nawawi are without obligation and subject to availability.
4.2. Upon acceptance of the offer, Nigel Nawawi promptly confirms receipt of the acceptance of the offer electronically. Until the receipt of this acceptance is confirmed, the Customer has the option to dissolve the Agreement.
4.3. If it appears that incorrect data has been provided by the Customer when accepting or otherwise entering into the Agreement, Nigel Nawawi has the right to fulfill its obligation only after receiving the correct data.
4.4. Nigel Nawawi may, within legal frameworks, assess whether the Customer can meet its payment obligations, as well as all facts and factors relevant to a responsible conclusion of the Agreement. If, based on this investigation, Nigel Nawawi has good grounds to not enter into the Agreement, it is entitled to refuse an order or request, or to attach special conditions, such as prepayment, to the execution.

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Article 5. Execution of Agreement

5.1. Nigel Nawawi is entitled to engage third parties in fulfilling the obligations arising from the Agreement.
5.2. The Webshop clearly describes, in a timely manner before concluding the Agreement, the method of delivery and the delivery period for the ordered products. The delivery times specified by Nigel Nawawi are indicative and do not constitute strict deadlines. Nigel Nawawi must be notified in writing of any non-timely delivery before it is in default.
5.3. Execution of the Agreement and all related notifications and communications take place at the address/email address provided by the Customer.
5.4. Nigel Nawawi exercises the utmost care in executing orders. Nigel Nawawi uses carefully selected logistics service provider(s) for order delivery.
5.5. Until delivery to the Customer, the risk of damage and/or loss of ordered products rests with Nigel Nawawi unless expressly agreed otherwise.

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Article 6. Registration

6.1. The Customer is obliged to provide correct (address) details when entering into an Agreement. Changes and/or inaccuracies in this data must be reported to Nigel Nawawi in a timely manner.
6.2. To make optimal use of the Webshop, the Customer can register via the registration form provided by the Webshop.
6.3. During the registration process, the Customer chooses a username and password with which they can log in to the Webshop after registration. The Customer is responsible for choosing a sufficiently reliable password.
6.4. The Customer must keep their login details, username, and password strictly confidential. Nigel Nawawi is not liable for misuse of login details and may assume that a Customer who logs in via the Webshop is indeed that Customer. Anything that happens through the Customer's account is the responsibility and risk of the Customer.
6.5. If the Customer knows or suspects that their login details have fallen into unauthorized hands, they must change their password as soon as possible and/or notify Nigel Nawawi so that appropriate measures can be taken.

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Article 7. Privacy

7.1. Nigel Nawawi respects the privacy of its Customers. Personal data of Customers is therefore handled with the utmost care by Nigel Nawawi, adhering to the applicable privacy-related laws and regulations, including the General Data Protection Regulation and the Telecommunications Act.
7.2. For more information on how Nigel Nawawi handles personal data, please refer to the Privacy Policy page.

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Article 8. Right of Withdrawal

8.1. The Customer has the right to cancel the order via the Webshop within 14 days of receiving the order without stating a reason. Only digitally pre-notified returns via the Customer's account or via a link in the correspondence, within the specified 14-day cooling-off period, will be accepted. After cancellation and notification, the Customer has (again) 14 days to return the received order.
8.2. The full order amount, excluding the original shipping costs, will be credited to the Customer within 14 days of notification of the return, provided the product has already been received in good order. The amount will be refunded to the account from which the Customer made the purchase. The consumer bears the direct costs of returning the product.
8.3. If the Customer exercises the right of withdrawal, the product with all supplied accessories and, if reasonably possible, in its original condition and packaging will be returned to Nigel Nawawi.
8.4. During the 14-day cooling-off period, the Customer must handle the ordered product, packaging, and labels with care. The Customer will only unpack or

 use the order to the extent necessary to assess whether they wish to keep it. Returns will only be accepted if the product, in accordance with the foregoing, is undamaged and unused, and the original packaging is undamaged.
8.5 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
8.6. The right of withdrawal does not apply to the purchase of products made according to the Customer's specifications (custom-made), such as personalized- or paint containing products. The Customer cannot terminate such an Agreement based on the statutory cooling-off period.
8.7. If the Customer exercises their right of withdrawal, all additional agreements are automatically terminated.

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Article 9. Payment

9.1. The Customer must make payments to Nigel Nawawi according to the payment methods indicated in the ordering process and possibly in the Webshop. Nigel Nawawi is free to choose the payment methods offered and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting from the day after delivery or a payment term as agreed with the provider of the relevant payment method.

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Article 10. Complaints Procedure

10.1. If the Customer has a complaint about Nigel Nawawi's service, they can submit a complaint to Nigel Nawawi by email or post. See the contact details at the bottom of the General Terms and Conditions.
10.2. Nigel Nawawi will respond to the Customer's complaint as soon as possible, but in any case within 14 days of receiving the complaint. If it is not yet possible to provide a substantive or final response, Nigel Nawawi will confirm receipt of the complaint within 14 days of receiving it and provide an indication of the expected timeframe within which they expect to provide a substantive or final response to the Customer's complaint.
10.3. A Customer who is not acting in the exercise of their profession or business can also submit a complaint via the European Online Dispute Resolution platform, accessible at http://ec.europa.eu/odr/. A decision of this dispute resolution committee is binding, and Nigel Nawawi or the Customer must comply with it.

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Article 11. Liability

11.1. This article only applies if the Customer is a natural person or legal entity acting in the exercise of their profession or business.
11.2. Nigel Nawawi's total liability to the Customer for attributable shortcomings in the performance of the Agreement is limited to a maximum of the price agreed for that Agreement (including VAT).
11.3. Nigel Nawawi's liability to the Customer for indirect damages, including but not limited to consequential damages, loss of profit, loss of savings, loss of data, and damage due to business interruption, is excluded.
11.4. Except as provided in the preceding two paragraphs of this article, Nigel Nawawi has no liability to the Customer for damages, regardless of the grounds on which an action for damages would be based. However, these limitations cease to apply if and insofar as the damage is the result of intent or gross negligence on the part of Nigel Nawawi.
11.5. Nigel Nawawi's liability to the Customer for attributable shortcomings in the performance of an Agreement arises only if the Customer notifies Nigel Nawawi in writing without delay and properly, specifying a reasonable period for remedying the default, and Nigel Nawawi still fails to fulfill its obligations after that period. The notice of default must contain as detailed a description as possible of the default so that Nigel Nawawi can respond adequately.
11.6. The Customer must report any damage to Nigel Nawawi as soon as possible, but no later than 30 days after the damage occurs, in writing.
11.7. In the event of force majeure, Nigel Nawawi is not obliged to compensate for any damage incurred by the Customer as a result.

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Article 12. Warranty

12.1. Nigel Nawawi ensures that the ordered and delivered products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the Agreement.
12.2 The images of the products offered online are depicted as accurately as possible by Nigel Nawawi. However, Nigel Nawawi cannot guarantee that the colors shown in the images of these products are exactly the actual colors of the products to be delivered.

Article 13. Final Provisions

13.1. Dutch law applies to the Agreement.
13.2. Any disputes arising from the Agreement will be submitted to the competent Dutch court in Amsterdam, unless rules of mandatory law prescribe otherwise or if the procedure as mentioned in Article 10.3 of these terms is followed.
13.3. If a provision in these General Terms and Conditions is declared void, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will replace the void provision(s) with new provision(s) that reflect the original provision's intent as closely as possible.
13.4. "Written" in these General Terms and Conditions also includes communication by email, provided the sender's identity and the integrity of the email are sufficiently established.
13.5. The copyrights and other intellectual property rights and corresponding rights concerning the products offered in the Nigel Nawawi Webshop belong to Nigel Nawawi and/or its licensors. The Customer acknowledges these rights and will refrain from infringing on them.

Contact Information

If you have any questions, complaints, or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by email.

Nigel Nawawi (Sole Proprietorship)
Waterloweg 68
6713 AT, Ede
Phone: +31 06 30975039
Email: info.nigelnawawi@gmail.com
Chamber of Commerce number: 84201509