Introduction

By placing an order on www.notame.eu, you are accepting to purchase a product on, and subject to, the following terms and conditions of Notamé.

Article 1 – Definitions

Notamé is a sole proprietor established under Dutch law, based in Amsterdam (the Netherlands) and registered with the Chamber of Commerce under file number: 72978651.

Site: the website www.notame.eu
Consumer: any natural person or corporation acting on his/her own accord or on behalf of a professional or business agency, and who enters into an Agreement with Notamé
Product(s): the product(s) as offered on the website (www.notame.eu).
Agreement: any arrangement or agreement between Notamé and the consumer, to which the general terms and conditions applies
General Terms and Conditions: the present rules of engagement and conditions of Notamé
Cooling-off period: the period within which the consumer can make his right of withdrawal;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Term Agreement: an agreement for the provision of services, services and / or digital content during a certain period;

Durable data carrier: every tool – traceable by e-mail – that the consumer or entrepreneur is capable of. The deliberate purpose of the information is temporary, and which enables unaltered reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from the contract within the cooling-off period

Entrepreneur: the natural or legal person that offers products, (access to) digital content and / or services to consumers at a distance;

Distance contract: Agreement between an entrepreneur and the consumer is concluded within a framework of an organized system for products, digital content and / or services made use of one or more techniques for distance communication;

Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer has no right of withdrawal in respect of his order;

Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 – Identity of Notamé

If you have any questions, complaints or comments after reading the General Terms and Conditions, or if you need to provide us with notice, please contact us by email or in writing
Notamé
Nicolaas Anslijnstraat 22
1068 WL Amsterdam
The Netherlands
info@notame.nl
Chamber of Commerce number: 72978651

Article 3 – Applicability of the General Terms and Conditions

3.1 These general terms and conditions apply to every offer made by Notamé and to every distance contract that has been established between Notamé and the consumer.

3.2 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, Notamé will indicate how the general terms and conditions at Notamé can be seen and that they will be sent free of charge as soon as possible at the request of the consumer.

Article 4 – The offer

4.1 If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
4.2 The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Notamé uses images, these are a true reflection of the offered products, services and / or digital content. Obvious mistakes or errors in the offer do not bind Notamé.
4.3 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – Conclusion of the agreement
5.1 The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
5.2 If the consumer has accepted the offer electronically, Notamé will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Notamé, the consumer can dissolve the agreement.
5.3 If the agreement is concluded electronically, Notamé will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, Notamé will observe appropriate security measures.
5.4 Notamé can within statutory frameworks inform whether the consumer can meet his payment obligations, and of all those facts and factors that are important for a responsible conclusion of the distance contract. If Notamé based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
5.5 At the latest on delivery of the product, the service or digital content, Notamé shall send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the address of the establishment of Notamé where the consumer can file complaints in writing;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

With products:
1. The consumer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Notamé may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. in contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
d. the shipping costs for returning the product to the seller by the consumer are at the expense of the consumer, unless the seller has failed to inform the consumer that he must bear these costs. Before the consumer can place the order via the web shop, it must be made clear to the consumer that the consumer has to pay the shipping or delivery costs for the return of the product if the consumer invokes his right of withdrawal.

For services and digital content that is not delivered on a tangible medium:
3. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:
5. If Notamé has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original period of reflection, the cooling-off period will expire 14 days after the day on which the consumer has received this information.

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

1. During the cooling-off period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
3. The consumer is not liable for the value reduction of the product if Notamé has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.

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

1. If the consumer exercises his right of withdrawal, he shall notify Notamé within the cooling-off period by means of the model withdrawal form or in an unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) Notamé. This is not necessary if Notamé has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by Notamé.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If Notamé has not reported that the consumer must bear these costs or if Notamé indicates to bear the costs himself, the consumer does not have to bear the costs for return.
6. If the consumer rescinds after having first expressly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale start in a limited volume or quantity during the cooling-off period, the consumer is the Notamé owes an amount that is proportional to that part of the obligation that Notamé has fulfilled at the moment of withdrawal, compared with the full fulfillment of the obligation.
7. The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if: Notamé has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon revocation or the model form for withdrawal, or; b. the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. prior to the delivery, he has not expressly agreed to commence the fulfillment of the contract before the end of the cooling-off period;
b. he has not acknowledged to lose his right of withdrawal when giving his consent; or c. Notamé has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of Notamé in case of withdrawal

1. If Notamé makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.
2. The trader will reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Notamé offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
3. Notamé uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Notamé does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

Notamé can exclude the following products and services from the right of withdrawal, but only if Notamé has clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market on which Notamé has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by Notamé to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
3. Service contracts, after full execution of the service, but only if:
a. the execution has begun with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as Notamé has fully executed the agreement;
4. Package travel as referred to in Section 7: 500 Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
6. Agreements with regard to leisure activities, if a certain date or period of execution is provided for in the agreement;
7. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
10. Products that by their nature are irrevocably mixed with other products after delivery;
11. Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which Notamé has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery; 13. Newspapers, magazines or magazines, with the exception of subscriptions to this; 14. The supply of digital content other than on a tangible medium, but only if: a. the execution has begun with the express prior consent of the consumer; and b. the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – The price

1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, Notamé can offer products or services whose prices are subject to fluctuations in the financial market and where Notamé has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if Notamé has stipulated this and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance agreement and additional warranty

1. Notamé warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal rights existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, Notamé also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by Notamé, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against Notamé under the contract if Notamé has failed to fulfill his part of the contract. agreement.
3. An additional guarantee is understood to mean every obligation of Notamé, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the contract. the agreement.

Article 13 – Delivery and execution

1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to Notamé.
3. With due observance of what is stated in article 4 of these general terms and conditions, Notamé will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
4. After dissolution in accordance with the previous paragraph, Notamé will immediately repay the amount that the consumer has paid.
5. The risk of damage and / or loss of products rests with Notamé up to the moment of delivery to the consumer or a pre-designated and made representative to Notamé, unless explicitly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension
Cancellation:

1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period. up to one month.
3. The consumer may conclude the agreements referred to in the previous paragraphs:
– cancel at any time and not be limited to termination at a specific time or in a given period;
– cancel at least in the same way as they have entered into by him;
– always cancel with the same notice period as Notamé has stipulated for himself.
Extension:
4. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has renewed this extension. agreement by the end of the extension can terminate with a notice period of no more than one month.
6. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Expensive:
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed term. to resist.

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts due by the consumer must be paid within 14 days after the commencement date, or in the absence of a cooling-off period within 14 days after the close of the contract. agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay in advance more than 50% in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to Notamé without delay.
4. If the consumer does not fulfill his payment obligation (s) in time, after he has been informed by the trader of the late payment and the trader has given the consumer a period of 14 days to still fulfill his payment obligations, after the payment has not been made within this 14-day period, the legal interest is due on the outstanding amount and Notamé is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. Notamé may deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

1. Notamé has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to Notamé within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to Notamé will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Notamé will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must give Notamé at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.

Article 17 – Disputes
Only Dutch law applies to agreements between Notamé and the consumer to which these general terms and conditions apply.

Article 18 – Additional or different provisions

Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.