terms of sale & imprint
These are the terms and conditions for purchases made at newthingslab.com by consumers. A Dutch translation is available here: Verkoopvoorwaarden (NL). For business clients commissioning design or engineering work, see our Service Terms (B2B). Questions: support@newthingslab.com.
Definitions
In these terms: Customer means a natural person who does not act for purposes relating to a trade, business, craft or profession (a consumer). Entrepreneur means New Things Lab B.V. Distance agreement means an agreement concluded through an organised system for distance selling, using one or more means of distance communication. Withdrawal period means the period within which the Customer can exercise the right of withdrawal. Right of withdrawal means the Customer's option to cancel the distance agreement within the withdrawal period. Durable data carrier means any tool — including e-mail — that lets a party store information addressed to it personally so it can be consulted and reproduced unchanged in future. Day means calendar day.
Identity of the entrepreneur (Imprint / Impressum)
newthingslab.com is operated by:
New Things Lab B.V.
Owner: Nyckle Sijtsma
Molengraaffsingel 10
2629 JD Delft, The Netherlands
Phone: +31 (6) 33 17 66 19 (workdays 09:00–17:00)
E-mail: support@newthingslab.com
Chamber of Commerce (KvK): 85256889
VAT identification number: NL863563788B01
1. Applicability
- These terms apply to every offer from the Entrepreneur and to every distance agreement concluded between the Entrepreneur and the Customer.
- Before the distance agreement is concluded, the text of these terms is made available to the Customer. If that is not reasonably possible, the Entrepreneur indicates how the terms can be viewed and that they will be sent free of charge on request.
- If the agreement is concluded electronically, the terms may be made available electronically in a way that lets the Customer store them on a durable data carrier.
- If specific product or service conditions apply in addition to these terms, the Customer may, in the event of conflict, always rely on the provision most favourable to them.
2. The offer
- If an offer is subject to a limited period or conditions, this is stated explicitly.
- The offer contains a complete and accurate description of the products offered, detailed enough for the Customer to assess it properly. Obvious errors do not bind the Entrepreneur.
- Each offer makes clear what rights and obligations are attached to acceptance.
3. The agreement
- The agreement is concluded when the Customer accepts the offer and meets the associated conditions.
- If the Customer accepts electronically, the Entrepreneur promptly confirms receipt. Until receipt is confirmed, the Customer may rescind the agreement.
- The Entrepreneur takes appropriate technical and organisational measures to secure electronic data transfer and to provide a safe payment environment.
- At the latest on delivery, the Entrepreneur provides — in a form the Customer can store — the address for complaints, the conditions and method for exercising the right of withdrawal (or a statement that it is excluded), information on guarantees and after-sales service, and the price including taxes and any delivery costs.
4. Right of withdrawal
- The Customer may cancel a purchase of a product during a withdrawal period of at least 14 days without giving reasons. The Entrepreneur may ask the reason but cannot require it.
- The withdrawal period starts the day after the Customer (or a pre-designated third party other than the carrier) receives the product, or the last product where several were ordered together.
5. Obligations during the withdrawal period
- During the withdrawal period the Customer handles the product and packaging with care, unpacking or using it only as far as needed to assess its nature, characteristics and operation — as would be permitted in a shop.
- The Customer is liable only for any diminished value resulting from handling that goes beyond what is permitted above.
- The Customer is not liable for diminished value if the Entrepreneur did not provide all legally required information about the right of withdrawal before or at conclusion of the agreement.
6. Exercising the right of withdrawal and its costs
- The Customer notifies withdrawal within the period using the model withdrawal form or another unambiguous statement.
- Within 14 days of that notification, the Customer returns the product (with accessories, where reasonably possible in original condition and packaging) per the Entrepreneur's reasonable instructions.
- The Customer bears the direct costs of return, unless the Entrepreneur failed to state this or offered to bear them.
- The risk and burden of proof for correct and timely withdrawal lie with the Customer.
7. Obligations of the entrepreneur on withdrawal
- The Entrepreneur confirms receipt of a withdrawal notice without delay.
- The Entrepreneur reimburses all payments by the Customer — including standard delivery costs — within 14 days of the withdrawal notice. It may withhold reimbursement until it has received the product or proof of return, whichever is earlier, unless it offered to collect the product.
- Reimbursement uses the same payment method the Customer used, unless agreed otherwise, and is free of charge.
- If the Customer chose a more expensive delivery method than the cheapest standard option, the extra cost need not be reimbursed.
8. Exclusion of the right of withdrawal
The Entrepreneur may exclude the following from the right of withdrawal, provided this is stated clearly in time before conclusion: products made to the Customer's specifications or clearly personalised; products that spoil quickly or have a limited shelf life; sealed products unsuitable for return on health or hygiene grounds once unsealed; products irrevocably mixed with others after delivery; sealed audio, video or software once unsealed; and services fully performed with the Customer's express prior consent and acknowledgement that the right of withdrawal is lost on completion.
9. The price
- During the validity period stated in the offer, prices are not increased, except for changes resulting from VAT rate changes.
- Price increases within 3 months of conclusion are permitted only if they result from statutory regulation.
- Prices stated for products include VAT.
10. Conformity and additional guarantee
- The Entrepreneur guarantees that products comply with the agreement, the specifications in the offer, reasonable requirements of reliability and usability, and the statutory provisions in force at conclusion.
- Any additional guarantee from the Entrepreneur, supplier, manufacturer or importer never limits the Customer's statutory rights.
11. Delivery
- The Entrepreneur takes the greatest possible care in receiving and executing orders.
- The place of delivery is the address the Customer provided.
- The Entrepreneur executes accepted orders promptly and at the latest within 30 days, unless another period is agreed. If delivery is delayed or only partly possible, the Customer is notified within 30 days and may then rescind the agreement free of charge; any amount paid is refunded promptly.
- The risk of damage or loss rests with the Entrepreneur until delivery to the Customer or a designated representative, unless agreed otherwise.
12. Payment
- Unless otherwise agreed, amounts owed are paid within 14 days after the start of the withdrawal period (or, where there is none, after conclusion of the agreement). For consumer product sales, no more than 50% advance payment may be required.
- The Customer must promptly report any inaccuracies in payment details provided.
- If the Customer does not pay on time, the Entrepreneur notifies the late payment and grants a further 14-day period. If payment is still not made, statutory interest is due and reasonable extrajudicial collection costs may be charged, subject to the statutory consumer maximums.
13. Complaints
- Complaints about performance of the agreement are submitted to the Entrepreneur, fully and clearly described, within a reasonable time after the Customer discovers the defect.
- Complaints are answered within 14 days of receipt; if longer is needed, the Customer receives an acknowledgement and an indication of when to expect a full reply.
- The Customer allows the Entrepreneur at least 4 weeks to resolve a complaint by mutual consultation before it is treated as a dispute.
14. Disputes and applicable law
Dutch law applies exclusively to agreements between the Entrepreneur and the Customer to which these terms apply. This does not deprive the Customer of the protection of mandatory provisions of the law of their country of habitual residence.
15. Additional or different provisions
Additional or deviating provisions may not be to the Customer's detriment and must be recorded in writing or on a durable data carrier accessible to the Customer.
16. Language
These terms are drawn up in English, which is the authoritative version. A Dutch translation is available for convenience; in the event of any discrepancy, the English version prevails, without prejudice to mandatory consumer protection in the Customer's country of residence.
