Table of contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of NIYA upon revocation
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Conformity and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration of agreements: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Annex I – Model withdrawal form

Article 1 – Definitions

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

  1. Supplementary agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these are supplied by NIYA or by a third party on the basis of an agreement between that third party and NIYA.

  2. Reflection period : the period within which the consumer can make use of his right of withdrawal.

  3. Consumer : the natural person who is not acting for purposes relating to his trade, business, craft or profession.

  4. Day : calendar day.

  5. Digital content : data produced and supplied in digital form.

  6. Duration contract : an agreement aimed at the regular delivery of goods, services and/or digital content over a specific period.

  7. Durable medium : any instrument – ​​including email – that enables the consumer or NIYA to store information addressed personally to him in a way accessible for future consultation or use over a period of time, and which allows for the unchanged reproduction of the stored information.

  8. Right of withdrawal : the consumer's option to cancel the distance contract within the cooling-off period.

  9. NIYA : the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers.

  10. Distance contract : an agreement concluded between NIYA and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication.

  11. Model withdrawal form : the European model withdrawal form included in Appendix I of these terms and conditions. The model form is not required if the consumer does not have a right of withdrawal.

  12. Distance communication technology : means that can be used to conclude an agreement, without the consumer and NIYA having to be in the same room at the same time.

Article 2 – Identity of the entrepreneur

Company name: NIYA
Trading under the name: NIYA
Email address: Contact @niyathelabel.com ⟩
Phone number: +316 45 25 78 25 (WhatsApp)
WhatsApp availability: Monday to Friday ⟨12:00–18:00⟩
Chamber of Commerce number: 90226410

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from NIYA and to every distance contract concluded between NIYA and the consumer.

  2. Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, NIYA will indicate where the terms and conditions can be viewed and that they will be sent free of charge upon request.

  3. If the distance contract is concluded electronically, the text of the general terms and conditions can be made available electronically in such a way that it can be easily stored by the consumer on a durable data carrier.

  4. If, in addition to these general terms and conditions, specific product or service conditions also apply, the consumer may, in the event of conflicting conditions, invoke the provision most favourable to him.

Article 4 – The offer

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

  2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. Images are a true representation of the products offered. Obvious errors or mistakes are not binding on NIYA.

  3. Each offer contains sufficient information so that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The Agreement

  1. The agreement is concluded when the consumer accepts NIYA's offer and meets the conditions set.

  2. If the consumer has accepted the offer electronically, NIYA will immediately confirm receipt of the acceptance.

  3. If the agreement is concluded electronically, NIYA will take appropriate technical and organizational measures to secure the transfer of data.

  4. NIYA may, within legal frameworks, investigate whether the consumer can meet their payment obligations. If there are valid reasons, NIYA is entitled to refuse an order or impose special conditions.

  5. NIYA shall provide the following information at the latest upon delivery of the product:

    • the visiting address of the NIYA branch;

    • the conditions for withdrawal or the notification that this right is excluded;

    • warranty and service information;

    • the price including taxes, any shipping costs and method of payment/delivery;

    • conditions for termination if applicable;

    • the model withdrawal form.

Article 6 – Right of withdrawal

  1. The consumer can cancel an agreement regarding the purchase of a product within a reflection period of 14 days without giving any reason.

  2. The cooling-off period commences on the day after the consumer or a third party designated by the consumer has received the product.

Article 7 – Obligations of the consumer during the cooling-off period

  1. The consumer must handle the product and packaging with care.

  2. He may only use the product as he would be allowed to in a physical store.

  3. If the consumer goes beyond what is permitted, he is liable for the diminished value and withdrawal may be refused.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises the right of withdrawal, he must report this to NIYA within the cooling-off period.

  2. The consumer returns the product as soon as possible, at the latest within 14 days after notification of withdrawal.

  3. The costs of returning are for the account of the consumer, unless otherwise stated by NIYA.

Article 9 – Obligations of NIYA upon revocation

  1. NIYA confirms receipt of the revocation.

  2. NIYA will reimburse all payments within 14 days of notification of withdrawal, provided that the product has been received back or the consumer can demonstrate that he has returned it.

  3. Refunds will be made using the same payment method used by the consumer, unless otherwise agreed.

Article 10 – Exclusion of the right of withdrawal

NIYA may exclude products and services from the right of withdrawal if this is clearly stated in the offer, such as:

  • products that spoil quickly;

  • sealed products that cannot be returned for hygienic reasons;

  • products made to consumer specifications;

  • digital content supplied directly with the consumer's consent.

Article 11 – The price

  1. During the period of validity stated in the offer, prices will not be increased, except for changes in VAT rates.

  2. All prices include VAT.

Article 12 – Conformity and additional warranty

  1. NIYA guarantees that the products comply with the agreement and the reasonable expectations of the consumer.

  2. Any additional guarantees do not affect the consumer's statutory rights.

Article 13 – Delivery and execution

  1. Delivery will take place at the address specified by the consumer.

  2. Orders will be processed within 30 days unless a different term has been agreed.

  3. The risk of damage or loss rests with NIYA until the moment of delivery.

Article 14 – Duration agreements: duration, termination and extension

  1. The consumer can always cancel an indefinite-term contract with a notice period of up to one month.

  2. Fixed-term contracts can be terminated at the end of their term.

  3. Extension or tacit renewal is only permitted under the conditions specified in the law.

Article 15 – Payment

  1. The consumer must pay amounts immediately.

  2. In case of advance payment, no more than 50% may be required.

  3. If the consumer does not pay on time, NIYA is entitled to charge statutory interest and collection costs.

Article 16 – Complaints procedure

  1. Complaints must be submitted to NIYA fully and clearly described within a reasonable time.

  2. Complaints will be handled within 14 days.

  3. If more time is required, the consumer will receive an acknowledgement of receipt within 14 days with an indication of the response time.

Article 17 – Disputes

Agreements between NIYA and the consumer are exclusively governed by Dutch law.

Article 18 – Additional or deviating provisions

Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing or on a durable data carrier.