Article 1 - Definitions
1.1 The following terms with their meanings will be used in these general terms and conditions, unless otherwise explicitly specified or it becomes clear based on the context:
- NYDJ: the user of these general terms and conditions: NYDJ is situated at 13 Koningin Wilhelminaplein,1062 HH in Amsterdam, registered at the Chamber of Commerce under CoC number 34210049, VAT number: NL813404022B01;
- client: the natural person who does not act based on their profession or their company and enters into an agreement with NYDJ;
- agreement: the sales agreement between the client and NYDJ;
- website: nydj.eu.
Article 2 - Applicability
2.1 These general terms and conditions are applicable to every agreement between NYDJ and the client that is made through the website.
Article 3 - Offer
3.1 Images, prices and other information offered by NYDJ are subject to change and are non-binding.
3.2 NYDJ is not bound to their offer in the event of printing or typesetting mistakes, or errors in the e-mails or on the website.
3.3 Offers are valid whilst supplies last, or during the period stated on the website.
3.4 The product range on the website could be subject to change.
Article 4 - Images
4.1 The images and information concerning size, colour, etc. of the offered products that are shown on the website are only approximate. NYDJ endeavours to describe the offered products as accurately as possible.
Article 5 - Agreement Formation
5.1 The agreement can only be formalised after the client clicked to agree to these general terms and conditions on the website.
5.2 NYDJ sends a confirmation e-mail immediately after the agreement is formed. The order number and a description of the client’s order are added to this confirmation e-mail.
5.3 The agreement is formalised after the client has completed the entire order procedure on the website.
Article 6 - Delivery
6.1 The delivery time that is given is not a deadline. The client accepts that the delivery could be delayed by, for example, default of the delivery company that was hired by NYDJ, or by customs formalities.
6.2 Possible customs duty and / or import duties will be paid by the client.
6.3 The client ensures that the delivery destination of the products is easily accessible.
Article 7 - Prices
7.1 All prices that are indicated are in Euros and in pounds, and include VAT and exclude possible customs duty or import duties.
7.2 NYDJ retains the right to adjust their prices from time to time.
7.3 The product prices will not be increased during the time that the offer is valid, except for changes in price that are caused by a change of VAT costs.
Article 8 - Delivery costs
8.1 All prices that are indicated exclude delivery costs. The delivery costs of products that are offered through the website are made clear to the client via the website before they confirm their order.
8.2 The delivery costs depend on the prices of Postnl and DPD. The delivery costs could be changed by NYDJ.
Article 9 - Right of withdrawal
9.1 You have the right to cancel the contract within 30 days without giving any reason. The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. The client is informed about their right of withdrawal through e-mail before delivery, or with delivery in written form.
9.2 To exercise the right to cancel, you must inform us (NYDJ Europe B.V, Koningin Wilhelminaplein 13, 1026 HH, Amsterdam, email@example.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
9.3 It is recommended to attach a return form to the package, but this is not obligatory. If the return form is not attached to the original order, the customer can contact the Customer Service of NYDJ before the order is returned in order to receive the return form by email.
9.4 NYDJ is not responsible for products that are enclosed in the return shipment, that are not originating from NYDJ but from another company or one’s personal belongings.
9.5 When the customer decides not to make use of the postal service recommended by NYDJ, we are not able to track the order. If the package gets lost, the customer should help NYDJ to obtain the tracking information by, for example, checking the status at their chosen postal service. If a package is lost, we need a proof of shipment where the address of our warehouse is visible, before we proceed to a refund.
9.6 NYDJ will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising If you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to withdraw from this contract.
9.7 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 30 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 30 days has expired.
9.8 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9.9 NYDJ will make the reimbursement using the same means of payment as used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
9.10 We will bear the cost of returning the goods
9.11 NYDJ does not reimburse customs costs and/or import duties when it concerns a return shipping as a result of importing and/or exporting of NYDJ articles by the customer.
Article 10 - Exchanging a product
10.1 The customer has the possibility to exchange the returned product for another size, if in stock, or for another product of the same price class. If the requested product is not in stock, NYDJ will refund the purchase price within 30 days.
10.2 The product that the client exchanges needs to be returned to NYDJ unused, unaltered, unwashed and with original tags, packaging etc. attached.
10.3 The client should inform NYDJ which product they would like to receive in exchange for the returned product. If the return form is missing, the customer needs to contact Customer Service of NYDJ before the order is returned.
10.4 If the customer doesn’t use the postal service recommended by NYDJ, the customer remains responsible for the return shipment until the return shipment is received by NYDJ in good order.
Article 11 - Payment
11.1 The client can pay for the products that are ordered through the website in the following ways:
- through PayPall;
- with a credit card.
11.2 NYDJ has taken suitable safety precautions for safe electronic payment.
Article 12 - Complaints
12.1 NYDJ needs to be informed about visible defects of delivered products immediately after delivery. If the client accepts the package with a product when the package or the product is damaged or defected, or if the client does not inform NYDJ immediately, NYDJ cannot be held liable for the damage or defect.
12.2 Complaints about articles are only considered in the case of an article that was purchased on the official website of NYDJ by the customer no longer than six months before the date of contact.
12.3 For questions about the order or complaints, the client can contact:
P.O. BOX 69100
1060 CD Amsterdam
12.4 Complaints will be handled by NYDJ within 30 days. If it is not possible to handle a complaint within 30 days, the client will be informed about the delay.
Article 13 - Liability
13.1 NYDJ cannot be held liable to compensate any damage, as a direct or indirect result of an event that is beyond their power and can therefore not be deemed liable because of actions and / or negligence in that case.
13.2 NYDJ is not responsible for any damages caused due to temporary or permanent impossibility to place an order, or if the website is unavailable or removed for maintenance or other reasons.
13.3 The colours that are visible on the computer screen of the client can be different from the original colours of the product. NYDJ is not responsible for these differences in colour.
13.4 NYDJ is not responsible for damages of any kind due to faulty usage and / or incomplete information that was submitted by the client.
13.5 In the event that NYDJ is liable for any damage, the liability of NYDJ will be limited to the sum that is paid by the insurer to NYDJ. In the event that the insurer does not pay, or the damage is not covered by the insurance, the liability of NYDJ is limited to the amount of the invoice, or at least to the part of the concerned amount.
13.6 The limitations of liability that are described in these general terms and conditions are invalid if the damage is due to intent or gross negligence by NYDJ or their subordinates.
Article 14 - Force majeure
14.1 In the instance of circumstances beyond their control, NYDJ is not obliged to compensate the damage that is caused to the client because of this, unless NYDJ gained from the circumstances in such a way that they would not have if the delivery was carried out as planned.
Article 15 - Confidentiality
15.1 Both parties are obligated to pledge secrecy of all confidential information of the other party, which they may have received from each other or another source, with regard to their agreement. Information is confidential when the other party has indicated that it is, or when this becomes clear from the nature of the information. The party that receives the confidential information will only use it for the objective it was intended for.
Article 16 - Intellectual property rights
16.1 The client needs to fully and unconditionally respect all the intellectual property rights with regard to the products that are delivered by NYDJ.
16.2 The client is not allowed to copy, forward, distribute, reproduce or publish any information, texts, logos, brands, brand names and images that they obtained through the website without the electronic or written permission by NYDJ beforehand.
Article 17 - Safety and internet
17.1 NYDJ will take suitable safety measures to protect the websites against the risks of unauthorized access or alteration, destruction or loss of the client’s data entered via the website, but NYDJ cannot guarantee anything regarding this matter.
Article 18 - Final provisions
18.1 Every agreement between NYDJ and the client will be solely governed by Dutch law.
18.2 All disputes with regard to the agreements between the client and NYDJ will be submitted to the competent court of the district where NYDJ is located. The client is given 1 month, after NYDJ appeals to this clause towards the client in written form, to choose a competent court to settle the dispute.
18.3 In the instance of explaining the content and meaning of these general terms and condition, the Dutch text is always decisive.