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Terms & Conditions

 

This website is operated by Northmere. Throughout the site, the terms "we," "us," "our," and "the company" refer to Northmere. Northmere provides this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including any additional terms and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 – DEFINITIONS

In these general terms and conditions, the following terms shall have the following meanings:

Cooling-off period: the period during which the consumer may make use of their right of withdrawal;
Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession and enters into a distance contract with the company;
Day: 19-12-2024;
Long-term agreement: a distance contract relating to a series of products and/or services where the obligation to supply and/or receive is spread over time;
Durable medium: any tool that enables the consumer or the company to store information directed personally to them in a way that allows for future reference and unchanged reproduction of the stored information;
Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period;
Company: the natural or legal person offering products and/or services to consumers remotely;
Distance contract: an agreement concluded through a system organized by the company for distance selling of products and/or services, using exclusively one or more distance communication techniques until the agreement is concluded;
Distance communication technique: a means that can be used for concluding an agreement without the consumer and the company being simultaneously physically present;
General terms and conditions: these current general terms and conditions of the company.

ARTICLE 2 – IDENTITY OF THE COMPANY

Customer service email: info@northmere-online.com

ARTICLE 3 – APPLICABILITY

These general terms and conditions apply to every offer made by the company and to every distance contract and order concluded between the company and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the company shall indicate, before the distance contract is concluded, how the general terms and conditions can be reviewed at the company’s premises and that they will be sent free of charge as soon as possible upon request by the consumer.

If the distance contract is concluded electronically, the text of these general terms and conditions can – contrary to the previous paragraph – be provided electronically to the consumer before the contract is concluded, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or annulled, the remainder of the agreement and these terms will remain in effect, and the invalid provision shall be replaced in mutual consultation by a valid provision reflecting the original intent as closely as possible.

Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these general terms shall be interpreted ‘in the spirit’ of these general terms and conditions.

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.

The offer is non-binding. The company reserves the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the company uses images, they are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer are not binding for the company.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the contract. Product images are a truthful representation of the offered products. The company cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information to make clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
- The price excluding customs duties and import VAT (to be paid by the consumer);
- Any shipping costs;
- The manner in which the agreement will be concluded and which actions are necessary for this;
- Whether the right of withdrawal applies or not;
- The method of payment, delivery, and execution of the agreement;
- The deadline for accepting the offer or the period within which the company guarantees the price;
- The rate for distance communication if the costs of using the communication technique are calculated on a basis other than the regular base rate;
- Whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer;
- The way the consumer can check and, if desired, correct the information provided in the context of the agreement;
- Any other languages in which the agreement can be concluded;
- The codes of conduct to which the company has subscribed and how the consumer can consult these codes electronically;
- The minimum duration of the distance contract in the case of an extended transaction.

Optional: available sizes, colors, material types.

ARTICLE 5 – THE AGREEMENT

The agreement is concluded, subject to the provisions of paragraph 4, at the time of the consumer’s acceptance of the offer and fulfillment of the associated conditions.

If the consumer has accepted the offer electronically, the company shall immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the company shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the company will take appropriate security measures.

The company may, within the framework of the law, assess whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If the company has sound reasons not to enter into the contract based on this investigation, it is entitled to refuse an order or application or to attach special conditions to the execution.

Together with the product or service, the company shall send the consumer the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
- The address of the company’s business location where the consumer can lodge complaints;
- The conditions and manner in which the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
- Information about guarantees and existing after-sales service;
- The information referred to in Article 4(3) of these terms, unless the company has already provided this information to the consumer before the performance of the agreement;
- The requirements for terminating the contract if the agreement has a duration of more than one year or is indefinite.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to the availability of the relevant products.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This reflection period commences on the day after the consumer or a representative designated in advance by the consumer has received the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they make use of their right of withdrawal, they shall return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the company.

If the consumer wishes to exercise the right of withdrawal, they are required to notify the company within 14 days of receiving the product. The consumer must do so in writing via letter or email. After notifying the company, the consumer must return the product within 14 days. The burden of proof for timely return lies with the consumer.

If the consumer has not expressed their intention to exercise the right of withdrawal within the periods referred to in paragraphs 2 and 3, or has not returned the product, the purchase becomes final.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, they will bear the cost of returning the goods.

If the consumer has already paid an amount, the company shall refund this amount as soon as possible but no later than 14 days after the withdrawal, provided the product has already been received back or conclusive proof of complete return has been submitted.

ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL

The company may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion is only valid if the company clearly stated this in the offer or at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:
- that have been made to the consumer’s specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that spoil or age quickly;
- whose price is subject to fluctuations on the financial market over which the company has no influence;
- for newspapers and magazines sold individually;
- for audio and video recordings and computer software where the consumer has broken the seal;
- for hygiene products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
- whose performance has started with the consumer’s explicit consent before the end of the cooling-off period;
- relating to bets and lotteries.

ARTICLE 9 – PRICES

We reserve the right to adjust the prices of the offered products and/or services during the validity period stated in the offer, including changes resulting from VAT adjustments.

Notwithstanding the above, the company may offer products or services whose prices depend on fluctuations in the financial market, with variable pricing. These fluctuations and the indicative nature of the listed prices will be clearly stated in the offer.

Price increases within 3 months of the agreement being concluded are only allowed if they result from legal regulations.

Price increases from 3 months after the agreement are only permitted if the company has reserved the right to do so and:
• they are the result of legal regulations; or
• the consumer is entitled to terminate the agreement on the date the price increase takes effect.

The place of delivery is, pursuant to Article 5, paragraph 1 of the Dutch VAT Act 1968, the country of dispatch. In this case, delivery takes place outside the EU. The postal or courier service will therefore charge import VAT or customs clearance fees to the customer. No VAT will be charged by the company.

All prices are subject to typographical errors. The company accepts no liability for the consequences of such errors. In case of a typographical error, the company is not obligated to deliver the product at the incorrect price.

ARTICLE 10 – CONFORMITY AND WARRANTY

The company guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable usability and/or reliability standards, and applicable legal regulations and government provisions valid at the time the agreement is concluded. If agreed, the company also guarantees suitability for purposes beyond normal use.

Any warranty provided by the company, manufacturer, or importer does not affect the statutory rights and claims the consumer may exercise against the company.

Any defects or incorrect deliveries must be reported to the company in writing within 14 days after delivery. Products must be returned in their original packaging and condition.

The warranty period corresponds to the manufacturer's warranty period. The company is never responsible for the ultimate suitability of the products for each individual use or for any advice given regarding their use.

The warranty does not apply if:
• The consumer has repaired and/or modified the products themselves or had them repaired and/or modified by a third party;
• The products have been subjected to abnormal conditions, or otherwise handled carelessly or contrary to company instructions or packaging guidelines;
• The defect results wholly or partly from regulations imposed or to be imposed by authorities regarding the nature or quality of the materials used.

ARTICLE 11 – DELIVERY AND PERFORMANCE

The company shall exercise the utmost care when receiving and fulfilling orders for products.

The place of delivery is the address that the consumer has provided to the company.

Subject to Article 4 of these general terms and conditions, the company shall fulfill accepted orders promptly and at the latest within 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed, or if an order cannot be fulfilled or only partially, the consumer will be notified within 30 days of placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost and may be entitled to compensation.

In case of dissolution in accordance with the above, the company shall refund the amount paid by the consumer as soon as possible and at the latest within 14 days of dissolution.

If delivery of an ordered product proves impossible, the company will endeavor to offer a replacement product. At the latest during delivery, it will be clearly stated that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement items. Any costs of return shipping are at the company’s expense.

The risk of damage and/or loss of products lies with the company until the moment of delivery to the consumer or a pre-designated representative notified to the company, unless expressly agreed otherwise.

ARTICLE 12 – LONG-TERM AGREEMENTS: DURATION, TERMINATION, AND RENEWAL

Termination

The consumer may terminate an agreement entered into for an indefinite period, which has the purpose of regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement aimed at the regular delivery of products (including electricity) or services at the end of the specified term, observing a notice period of no more than one month.

For the agreements mentioned in the preceding paragraphs, the consumer may:
• terminate at any time without being bound to a specific date or period;
• terminate using the same method as used to enter into the agreement;
• always terminate freely.

Renewal

An agreement entered into for a definite period for regular delivery of products or services may not be tacitly extended or renewed for a fixed duration.

Notwithstanding the previous, an agreement for the regular delivery of daily newspapers, news, and weekly magazines may be tacitly renewed for a maximum of three months, if the consumer can terminate this extended agreement with a notice period of no more than one month.

A fixed-term agreement for regular delivery of products or services may only be tacitly extended indefinitely if the consumer can terminate at any time with a notice period of no more than one month, or three months for agreements involving less than monthly delivery of newspapers or magazines.

Trial or introductory subscriptions for newspapers or magazines are not tacitly renewed and automatically expire at the end of the trial or introductory period.

Duration

If an agreement lasts longer than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6, paragraph 1. For service agreements, this period starts when the consumer has received confirmation of the agreement.

The consumer has a duty to report any inaccuracies in provided or stated payment details immediately.

If the consumer fails to meet their payment obligations, the company is entitled, subject to legal restrictions, to charge the reasonable costs disclosed in advance to the consumer.

ARTICLE 14 – COMPLAINT PROCEDURE

Complaints about the execution of the agreement must be submitted to the company within 7 days of discovery, with a full and clear description.

Complaints submitted to the company will be answered within 14 days of receipt. If a complaint requires a longer processing time, the consumer will be informed within 14 days of receipt with an indication of when a more detailed response can be expected.

If the complaint cannot be resolved by mutual agreement, a dispute arises subject to the dispute resolution procedure.

A complaint does not suspend the company’s obligations unless the company states otherwise in writing.

If a complaint is deemed justified by the company, it will, at its discretion, either replace or repair the delivered products free of charge.

ARTICLE 15 – DISPUTES

Agreements between the company and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

ARTICLE 16 – PERSONAL DATA

The provision of personal data via the webshop is subject to our Privacy Policy. Please consult our privacy policy for details.

ARTICLE 17 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or cancel orders if any information in the Service or on a related website is inaccurate, at any time without prior notice (including after you have placed your order).

We are under no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be taken to indicate that all information has been modified or updated.

ARTICLE 18 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 19 – CESOP

Due to the new and revised legislation in 2024 concerning the Amendment to the 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.

The Feeling We Dress For

Not fashion, but a state of being.

The calm of open water.

Certainty, passed down.

The quiet confidence of a man in balance.

Northmere is the feeling – made wearable.