Terms of service
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 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Continuous Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.
Model withdrawal form: the model form for withdrawal made available by the entrepreneur which a consumer may use if they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded within the framework of an organised system for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same room.
Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
NachimBear
Potsweg 38
7523 LA Enschede
The Netherlands
Email: info@nachimbear.com
Chamber of Commerce (KVK): 91070635
VAT number: NL003894652B28
Article 3 – Applicability
These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded 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, it will be indicated before the distance contract is concluded that the Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these Terms and Conditions may, contrary to the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated where the Terms and Conditions can be consulted electronically and that they will be sent free of charge upon request.
If specific product or service conditions apply in addition to these Terms and Conditions, the above paragraphs apply accordingly and the consumer may always invoke the provision most favourable to them in the event of conflicting conditions.
If one or more provisions of these Terms and Conditions are at any time wholly or partially null and void or annulled, the agreement and the remaining provisions shall remain in force. The invalid provision shall be replaced by mutual agreement with a provision that approximates the original intent as closely as possible.
Situations not regulated in these Terms and Conditions shall be assessed in the spirit of these Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions shall also be interpreted in the spirit of these Terms and Conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to amend and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. Images used are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
The entrepreneur cannot guarantee that the colours displayed exactly match the actual colours of the products.
Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to acceptance of the offer, including in particular:
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the price including taxes;
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any shipping costs;
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how the agreement will be concluded and which actions are required;
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whether the right of withdrawal applies;
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the method of payment, delivery and execution;
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the period for accepting the offer or for which the price is guaranteed;
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the cost of distance communication if different from the basic rate;
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whether the agreement will be archived and how it can be consulted;
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how the consumer can correct errors before concluding the agreement;
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any languages other than Dutch in which the agreement may be concluded;
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any codes of conduct to which the entrepreneur is subject;
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the minimum duration of the distance contract in the case of a continuous transaction.
Article 5 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set therein.
If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt electronically. Until this confirmation is sent, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure electronic data transfer and ensure a safe web environment.
The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations and may refuse or impose special conditions on an order if justified.
The entrepreneur will provide the consumer with the following information in writing or on a durable data carrier:
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the visiting address for complaints;
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information on the right of withdrawal or its exclusion;
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warranty and after-sales service information;
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the data referred to in Article 4 unless already provided;
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termination requirements for agreements longer than one year or indefinite.
For continuous transactions, this applies only to the first delivery.
All agreements are subject to sufficient product availability.
Article 6 – Right of Withdrawal
For products
The consumer may withdraw from the agreement within 14 days without giving reasons. This period starts the day after receipt of the product.
During the cooling-off period, the consumer shall handle the product and packaging with care and only unpack or use it as necessary to assess it.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days using the model form or email. The product must then be returned within 14 days. Proof of timely return must be provided.
If the consumer fails to notify or return the product in time, the purchase becomes final.
For services
The consumer may withdraw within at least 14 days from the date the agreement is concluded, following the instructions provided.
Article 7 – Costs in Case of Withdrawal
The consumer bears the cost of return shipping.
Any amounts paid will be refunded within 14 days after withdrawal, provided the product has been received or proof of return is supplied. Refunds will be made using the same payment method unless agreed otherwise.
Damage caused by careless handling is the responsibility of the consumer.
No depreciation may be charged if the legally required withdrawal information was not provided.
Article 8 – Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for products:
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made to consumer specifications;
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clearly personalised;
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unsuitable for return;
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perishable or short-lived;
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subject to market fluctuations;
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newspapers or magazines;
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unsealed audio/video or software;
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unsealed hygienic products.
For services, exclusion applies to:
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accommodation, transport, catering or leisure on a specific date;
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services started with consumer consent before the cooling-off period ends;
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betting and lotteries.
Article 9 – The Price
Prices will not be increased during the stated validity period, except due to VAT changes.
Variable prices may apply for products subject to market fluctuations.
All prices include VAT and are subject to typographical errors.
Article 10 – Conformity and Warranty
Products and services must conform to the agreement and legal requirements.
Any warranty does not affect statutory consumer rights.
Defects must be reported within 2 months of discovery.
Warranty does not apply in cases of misuse, unauthorised repairs, or abnormal conditions.
Article 11 – Delivery and Execution
Orders will be executed with due care and delivered within 30 days unless otherwise agreed.
Delivery times are indicative. Delays do not entitle compensation.
Risk transfers upon delivery to the consumer.
Article 12 – Continuous Transactions
Consumers may terminate agreements with a maximum notice period of one month.
Automatic renewal for fixed-term contracts is restricted as set out by law.
After one year, long-term contracts may be terminated with one month’s notice.
Article 13 – Payment
Payments must be made within 7 working days unless agreed otherwise.
Incorrect payment details must be reported immediately.
In case of non-payment, reasonable costs may be charged.
Article 14 – Complaints Procedure
Complaints must be submitted within 2 months.
Responses will be provided within 14 days.
If unresolved, consumers may contact WebwinkelKeur, which offers free mediation.
Article 15 – Disputes
Dutch law applies exclusively.
The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Any additional or deviating provisions must not disadvantage the consumer and must be recorded in writing or on a durable data carrier.