1. FIELD OF APPLICATION
NORSEMAISON is the trade name of MeCommerce, registered with the Chamber of Commerce under number 70673306 and VAT number NL0042217982, hereinafter referred to as the Seller.
The following definitions apply in these General Terms and Conditions:
Seller: NORSEMAISON, also trading under the trade names MeCommerce;
Customer: Any natural or legal person who is or will be in a contractual relationship of any kind with the Seller;
Product: the subject of one or more agreements;
Website: the following website managed by MeCommerce: www.norsemaison.nl
These general terms and conditions apply to all orders and contracts placed or to be concluded by the Seller for the sale and supply of Products. If the Customer places an order with the Seller, gives an order for delivery or consents to the delivery of products, this will at all times constitute his unconditional consent with regard to these General Terms and Conditions. Nothing in these terms and conditions detracts from the Customer’s legal rights. These General Terms and Conditions always take precedence over all individual terms and conditions invoked by the Customer. All terms and conditions that the Client submits, proposes or determines, in whatever form and whenever, be it written, by e-mail or verbally, are expressly waived and are expressly excluded.
Deviations from these General Terms and Conditions can only be agreed in writing.
Any nullity of one or more clauses in these General Terms and Conditions does not affect the applicability of all other clauses.
2. CONCLUSION OF A CONTRACT
The Customer and the Seller explicitly agree that a valid agreement can be reached by using electronic forms of communication. In particular, the lack of an ordinary signature does not affect the binding force of the offer and the acceptance thereof. The electronic files of the Seller are, to the extent permitted by law, a presumption of evidence.
All prices are expressed in Euros and include VAT. Delivery costs are clearly communicated to the Customer. The product must be paid in full at the time of placing the order. The Seller can under no circumstances be obliged to deliver the goods before having received the full payment. When the Customer is asked during the payment process about the details of his payment card, he must have full authority to use this card or account.
A contract will be concluded and the Seller is legally obliged to deliver the product to the Customer when the Seller has accepted his order. Acceptance takes place when the Seller explicitly accepts his order in an e-mail addressed to the Client, in the form of a document called “Confirmation of order” confirming acceptance of the order. This order confirmation must be considered effective from the moment it is sent by the Seller.
The Client accepts the fact that invoices are only received electronically, without prejudice to the right to request a paper copy within five (5) days after receipt of the electronic invoice.
Until the moment the order is accepted, the Seller reserves the right to refuse to process the order and the Customer reserves the right to cancel his order. If the Customer or the Seller has canceled the order before it has been accepted, the Seller will refund as soon as possible any payment already made by the Customer or his credit or debit card institution to the Seller for the order of the product.
If, after placing on the site, the Customer discovers that he has made a mistake with his order, he must contact: firstname.lastname@example.org by e-mail.
The seller does his best to deliver the products to the delivery address specified by the Customer when ordering.
The Seller does its best to deliver the products within the period specified by him at the time of the order. An exact date cannot be specified when the customer places his order or in the order confirmation.
In case the estimated delivery date cannot be met, the Seller will keep the Client informed to the best of its ability. The Seller is, to the extent permitted by law, not liable for loss, liability, value, damage, expenses or expenses arising from late delivery.
Upon delivery of the product, the Customer may be asked to sign a receipt. The Customer agrees to check the products for defects, shortcomings or visible damage before signing the receipt. The Customer must keep proof of receipt of the delivered product for any future disputes in this regard.
The risk is transferred to the Customer from the moment of delivery or collection of the goods. From that moment on, the Customer bears the risk of loss, theft and partial or complete destruction of the goods. The ownership is only transferred from the full payment of the price by the Customer.
The delivery times stated on the website are indicative. There will always be a maximum delivery period of 30 days. The delivery period starts on the day following that on which the Customer has placed his order on the website.
If the planned delivery date is exceeded due to an error by the Seller, the Customer can cancel the order without costs and with a simple notification. This is only possible if the ordered goods have not yet been sent at that time. The amounts already paid will be reimbursed to the Client within 30 days.
If the goods cannot be delivered to the specified address, the Seller may reserve the right to terminate the agreement, without prejudice to other rights under the agreement and the law. The Client will be notified of the termination of the agreement.
The Seller can cancel a contract if the product is not available for whatever reason.
The seller reserves the right to cancel a contract in case of suspected abuse.
In that case, the Seller will immediately contact the Customer and refund any amount paid by him within 30 days following the notification of cancellation of his order.
The Seller will refund all amounts transferred by the Customer using the same payment method as the Customer has used to pay for the product.
5. RIGHT OF WITHDRAWAL
The Customer has the right to inform the company that he is canceling the purchase within 14 calendar days from the day following the delivery of the good.
If the Customer decides to cancel the purchase, the goods must be returned at their own expense and in the original packaging within the withdrawal period of 14 calendar days. In case of a return, we are forced to charge 30% of the purchase amount because the furniture covers are made to order. This means that we will refund 70% of the purchase amount.
6. DEFECTIVE PRODUCTS
The Seller guarantees:
a) that the product is delivered undamaged and in the quantities ordered; and
b) that the product complies with the latest instructions published by the Seller, as stated on the site or in our description of the product at the time of the order.
The product is exclusively intended for use in accordance with the latest instructions published by the Seller, as stated on our site or in our description of the product as such. It is the Customer’s responsibility to ensure that he uses the products only according to these instructions.
The Seller does its best to deliver the products in excellent condition. When the Customer indicates that the products are defective, he agrees to keep the products in their current condition so that the Seller can inspect them within a reasonable period of time.
If the Customer wishes the Seller to repair, replace or refund the product if the product does not comply with the provisions of the relevant contract, and the Seller finds that the product:
then the Seller may in its sole discretion decide not to repair, replace or refund the product and / or the Seller may require the Customer to pay all reasonable transportation and service costs based on current standard rates and may charge the Seller for this on the Customer’s credit or debit card, or through the payment data that the Customer has provided when placing his order.
The Seller is, to the extent permitted by law, not liable for any loss, liability, costs, value, expenses or expenses arising therefrom.
7. LIMITATION OF LIABILITY
The Seller is not liable for indirect damage such as financial losses to interest or investments or expected profits, consequences of a strike, increase of the general costs, etc.
If possible, the Seller will correct the error at its own expense. In that case, the Client will not be able to claim compensation. If the Customer wishes to exercise his possible right to compensation, he must report this by registered letter within 6 weeks after the occurrence of the alleged fault of the Seller. This on pain of forfeiture of this right.
The liability of the Seller is always limited to the amount of the order.
These General Terms and Conditions do not exclude liability for fraud, intent, gross error, death or physical damage.
All complaints must be reported by registered letter within seven working days from delivery. If the complaint is found to be justified, the liability of the Seller will be limited to repair or exchange.
9. FORCE MAJEURE
We cannot be held liable for any violation, hindrance or delay in the performance of a Contract that is attributable to a cause over which we cannot control, including but not limited to, all forms of force majeure, third-party actions (including but not limited to hackers, suppliers, government, quasi-autonomous non-governmental authorities, supranational or local authorities), riot, riots, civil unrest, war, hostilities, military operations, national disasters, terrorism, piracy, arrests, coercion exercised by a competent authority, strikes and / or lock-out, epidemic, fire, explosion, storm, flood, drought, extreme weather conditions, earthquakes, natural disasters, accidents, mechanical defects, third-party software, disruptions or problems with public utilities (including failure of electricity, telecommunications or internet), lack of or inability to supply d to become acquainted with material, equipment and / or transport (“force majeure“), regardless of the fact that the circumstances in question could be foreseen.
Both you and we can immediately terminate the Contract by giving written notice to the other party in case the force majeure lasts longer than 2 Business Days, in which case neither you nor we will be held liable to the other party in connection with such termination ( except for reimbursement of a Product that has already been paid for by you and that has not been delivered).
If we have entered into obligations to deliver identical or equivalent Products to multiple customers and we are prevented from fully complying with our obligations to you due to force majeure, we may decide in our sole discretion which Contracts we will perform and to what extent.
10. APPLICABLE LAW AND COMPETENT COURT
This agreement is subject to Dutch law.
The applicability of the Vienna Sales Convention is expressly excluded.
This site is managed and managed by MeCommerce from its office in Naaldwijk, the Netherlands.
This agreement will be interpreted in accordance with Dutch law, without taking into account conflicting legal provisions. All disputes arising from this Agreement will be settled exclusively by the national and federal courts of the Netherlands.
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