Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Supplementary Agreement: an agreement where the consumer acquires products, digital content and/or services related to a distance contract, and those goods, content, and/or services are provided by the entrepreneur or a third party based on an arrangement between that third party and the entrepreneur.
Reflection Period: the period within which the consumer may exercise their right of withdrawal.
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession.
Day: calendar day.
Digital Content: data produced and delivered in digital form.
Continuous Contract: a contract for the regular delivery of goods, services, and/or digital content over a specific period.
Durable Medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference and use during a time period appropriate to the purpose, and which allows unchanged reproduction of the stored information.
Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period.
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers.
Distance Contract: a contract concluded between the entrepreneur and the consumer within the framework of a system for distance selling of products, digital content and/or services, where only remote communication is used up to and including the moment of contract conclusion.
Model Withdrawal Form: the European model withdrawal form in Annex I of these terms. It need not be provided if the consumer has no right of withdrawal.
Means of Distance Communication: a method that can be used to conclude a contract without the consumer and entrepreneur being in the same space simultaneously.

Article 2 – Identity of the Entrepreneur
Noctis
Amsterdam, The Netherlands
Phone: +31 6 87267125
Email: info@noctisessentials.nl
KvK number: 95790004
VAT ID: NL867300875B01

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to any contract concluded remotely between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the terms can be viewed and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these terms and conditions may be provided electronically in such a way that the consumer can store them on a durable medium.
In the case of specific product or service conditions, these general terms apply equally, and in case of conflict, the consumer may rely on the provision most favorable to them.

Article 4 – The Offer
If an offer is of limited duration or subject to conditions, this will be stated clearly.
The offer includes a complete and accurate description of the offered products, digital content and/or services. The description enables the consumer to properly assess the offer. If images are used, they reflect the products accurately. Obvious mistakes or errors do not bind the entrepreneur.
Each offer contains information that clearly sets out the consumer’s rights and obligations when accepting it.

Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and meets the conditions.
If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay.
If the contract is concluded electronically, the entrepreneur takes suitable technical and organizational measures to secure the data transmission and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur shall ensure secure payment processes.
The entrepreneur may – within the legal framework – assess whether the consumer can meet their payment obligations and investigate relevant facts and factors. If there is reason not to conclude the agreement, the entrepreneur may decline the order or impose additional conditions.
Upon delivery, the entrepreneur shall send the following to the consumer:

the business address for complaints,
the terms of withdrawal or a notice of its exclusion,
information about after-sales service and warranties,
the total price including taxes, delivery fees, and payment details,
the terms for terminating the contract if it is of indefinite duration,
and the model withdrawal form.
If the contract is for continuous delivery, the above only applies to the first delivery.

Article 6 – Right of Withdrawal
The consumer has at least 14 days to cancel the contract without providing reasons.
The withdrawal period starts:

the day after the consumer receives the product,
or if ordered multiple items: after the last item is received,
or if the product is delivered in parts: after the last part is received,
or if it’s a regular delivery: after the first item is received.
For services or digital content not delivered on a physical medium, the withdrawal period starts the day after the contract is concluded.
If the entrepreneur did not inform the consumer of the right of withdrawal, the reflection period is extended by 12 months.
If the entrepreneur provides this information within 12 months, the withdrawal period ends 14 days after the information was provided.

Article 7 – Obligations of the Consumer During the Reflection Period
The consumer must handle the product and packaging with care, only unpacking or using it as necessary to judge its nature, features, and functioning – similar to what would be permitted in a physical store.
The consumer is liable for depreciation if they go beyond this.
No liability applies if the entrepreneur did not inform them of the withdrawal right.

Article 8 – Exercising the Right of Withdrawal
The consumer informs the entrepreneur of withdrawal using the model form or any other unambiguous statement.
The consumer returns the product within 14 days after notification.
Returned items must be complete, in original packaging, and follow reasonable instructions.
The consumer bears return shipping costs unless stated otherwise.
If the consumer requested services or digital content before the reflection period expired, they may owe proportional costs.
No costs apply if the entrepreneur failed to inform the consumer or if the consumer did not agree to early execution.
All related contracts are cancelled upon withdrawal.

Article 9 – Obligations of the Entrepreneur Upon Withdrawal
The entrepreneur confirms receipt of withdrawal.
Refunds (including delivery costs) are made within 14 days from notification unless the entrepreneur opts to wait for return receipt or proof.
Refunds are made via the same payment method unless agreed otherwise.
Additional delivery costs for premium options are non-refundable.

Article 10 – Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to:

price-volatile products like stock-market items;
public auction purchases;
fully completed service contracts if the consumer agreed to execution;
custom-made products or those clearly made for the consumer;
perishable items;
sealed goods unsuitable for return due to hygiene;
goods that are irreversibly mixed with other products;
alcoholic beverages with variable value delivered after 30 days;
sealed software or media unsealed after delivery;
newspapers, magazines (except subscriptions);
digital content not supplied on a physical medium, once performance has begun with consent.

Article 11 – The Price
Prices will not be raised during the offer period, except for VAT rate changes.
Fluctuating market-dependent products may vary if clearly stated.
Price increases within 3 months of agreement are only allowed by law.
Later increases are only allowed if agreed and the consumer may cancel.
Prices include VAT.

Article 12 – Compliance and Warranty
The entrepreneur ensures products/services meet the agreement, the specifications, and legal requirements.
Additional warranties do not affect the legal rights of the consumer.
Extra warranties refer to any additional obligation beyond legal ones.

Article 13 – Delivery and Execution
Orders will be delivered with care and within 30 days unless otherwise agreed.
If there are delays or partial deliveries, the consumer is notified within 30 days and may cancel the order.
The entrepreneur bears the risk until delivery unless agreed otherwise.

Article 14 – Duration Contracts: Termination and Extension
The consumer may cancel indefinite contracts at any time with a notice period of 1 month.
Fixed contracts can be terminated at the end of the term with 1 month’s notice.
Contracts cannot be extended silently, except for magazine subscriptions up to 3 months.
Trial subscriptions end automatically.

Article 15 – Payment
Amounts must be paid within 14 days from receipt of goods or contract conclusion if no reflection period applies.
Prepayments over 50% are not required.
Errors in payment details must be corrected immediately.
If the consumer fails to pay, legal interest and collection costs apply after a 14-day notice.

Article 16 – Complaints
The entrepreneur has a complaint procedure.
Complaints must be reported promptly and clearly.
Complaints are answered within 14 days. If longer needed, the consumer is informed.
The consumer must allow the entrepreneur 4 weeks to resolve the complaint.

Article 17 – Disputes
Only Dutch law applies to contracts between the entrepreneur and consumer.

Article 18 – Additional or Different Provisions
These must not be to the consumer’s disadvantage and must be recorded accessibly on a durable medium.