General Terms and Conditions
Terms and Conditions
Trade Name: NOBRAA.com, located at Stadsplateau 7, 3521 AZ, Utrecht
Registered under Chamber of Commerce number 77812255 & VAT number NL861155610B01 (hereinafter referred to as: NOBRAA).
Article 1: General
1.1 These general terms and conditions apply to every offer made by NOBRAA and to every agreement concluded between NOBRAA and the consumer. The terms are accessible to everyone and are included on NOBRAA's website. A written copy can be provided upon request.
1.2 By placing an order, you indicate that you agree to the delivery and payment terms. NOBRAA reserves the right to change its delivery and/or payment terms after the expiry of the term. Your order is usually delivered within 1 day in the Netherlands and Belgium.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by NOBRAA.
1.4 NOBRAA guarantees that the delivered product meets the agreement and complies with the specifications stated in the offer.
Article 2: Delivery
2.1 Delivery is subject to availability.
2.2 In accordance with distance selling regulations, NOBRAA will execute orders within at least 2 days, unless another delivery term has been agreed. If delivery within 2 days or the agreed delivery term is not possible (because the ordered product is out of stock or no longer available), or if there is a delay for other reasons, or if an order can only be partially executed, the consumer will be notified within 1 month of placing the order and will have the right to cancel the order free of charge and without notice of default.
2.3 NOBRAA's delivery obligation is fulfilled, barring evidence to the contrary, once the delivered items have been offered to the buyer once. In the case of home delivery, the report of the carrier, indicating a refusal of acceptance, serves as full proof of the offer of delivery.
2.4 All timeframes mentioned on the website are indicative. No rights can be derived from these timeframes.
Article 3: Prices
3.1 Prices will not be increased during the validity of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typographical errors. No liability is accepted for the consequences of such errors.
3.3 All prices on the site are in Euros.
Article 4: Reflection Period / Right of Withdrawal
4.1 If it concerns a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within 14 working days without providing reasons. This period starts from the moment the ordered items are delivered. The buyer must notify NOBRAA in writing of the intention to return the goods within 14 working days after receipt. If the buyer does not notify NOBRAA within the 14-day reflection period of the intent to use the legal right of withdrawal, the purchase is final. During the reflection period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess its nature, characteristics, and functioning.
4.2 The right of withdrawal does not apply to:
- Service agreements, after full execution of the service, provided the execution began with the consumer's express prior consent, and the consumer acknowledged losing their right of withdrawal upon full execution.
- Goods or services whose price is subject to fluctuations in the financial market beyond the supplier’s control and which may occur within the withdrawal period.
- Goods manufactured according to the consumer’s specifications, such as custom-made items or clearly personalized items.
- Products that perish within the 14-day reflection period, including opened packaging and associated products.
- Sealed products that are not suitable for return for health or hygiene reasons and whose seal has been broken after delivery.
- Sealed audio, video, or software carriers whose seal has been broken.
- Goods or services which, by their nature, cannot be returned, such as hygiene-related items or those that deteriorate quickly.
Article 5: Cancellation Policy
See Right of Withdrawal.
Article 6: Data Management
6.1 When you place an order with NOBRAA, your data is recorded in NOBRAA’s customer database. NOBRAA adheres to the Personal Data Protection Act and will not share your information with third parties. See our Privacy Policy.
6.2 NOBRAA respects the privacy of users and ensures the confidential treatment of personal data.
6.3 NOBRAA uses a mailing list with product-relevant offers. Each email contains instructions for unsubscribing.
6.4 By accepting the terms and conditions, you agree that we may notify the GGD (Municipal Health Services) in case of a positive result of the Abbott antigen swab test, including sharing personal data.
Article 7: Warranty and Conformity
7.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded.
7.2 Any arrangement offered as a warranty by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert under the law and/or the distance agreement regarding a failure to fulfill the obligations of the entrepreneur.
7.3 If the delivered item proves to be incorrect, defective, or incomplete, the buyer must report these defects in writing to NOBRAA within 2 months of discovering the defect (prior to returning the item). Returns must be made in the original packaging (including accessories and accompanying documentation). Using the item after discovering a defect, causing further damage, encumbering or reselling the item after discovering the defect, nullifies the right to claim and return the item entirely.
7.4 If complaints from the buyer are deemed justified by NOBRAA, NOBRAA will, at its discretion, either replace or repair the delivered goods free of charge. NOBRAA's liability for damages is limited to no more than the invoice amount of the relevant items, or (at NOBRAA's choice) to the maximum amount covered by NOBRAA's liability insurance in the case. Any liability for any other form of damage is excluded, including additional compensation in any form, indirect damage, or consequential damage or loss of profit.
7.5 NOBRAA is not liable for damages caused by intentional or equivalent reckless behavior of its customers or non-executive staff.
7.6 This warranty does not apply if:
A) the buyer is in default toward NOBRAA;
B) the buyer has repaired and/or modified the delivered items or had them repaired and/or modified by third parties;
C) the delivered items have been exposed to abnormal conditions or otherwise handled carelessly or contrary to NOBRAA’s instructions and/or the instructions on the packaging.
Article 8: Offers
8.1 Offers are non-binding unless otherwise stated in the offer.
8.2 Upon acceptance of a non-binding offer by the buyer, NOBRAA reserves the right to withdraw or deviate from the offer within 3 working days of receiving acceptance.
8.3 Verbal promises are only binding on NOBRAA after they have been explicitly confirmed in writing.
8.4 Offers from NOBRAA do not automatically apply to repeat orders.
8.5 NOBRAA cannot be held to its offer if the buyer should reasonably understand that the offer, or part of it, contains an apparent mistake or clerical error.
8.6 Additions, changes, and/or further agreements are only valid if agreed upon in writing.
Article 9: Agreement
9.1 An agreement between NOBRAA and a customer is established after a feasibility assessment of the order or assignment by NOBRAA.
9.2 NOBRAA reserves the right to reject orders or assignments without giving reasons or to accept them only on the condition that the shipment is made cash on delivery or after prepayment.
Article 10: Images and Specifications
10.1 All images, photos, drawings, etc.; including data regarding weights, dimensions, colors, images of labels, etc., on the NOBRAA website are approximate, indicative, and cannot lead to compensation or dissolution of the agreement.
Article 11: Force Majeure
11.1 NOBRAA is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.
11.2 Force majeure is understood to mean any external cause and any circumstance that cannot reasonably be attributed to NOBRAA. This includes delays or failure by suppliers, disruptions in the Internet, electricity failures, disruptions in email traffic or technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by NOBRAA’s suppliers and/or manufacturers, as well as auxiliary persons, staff illness, defects in auxiliary or transport equipment, and natural disasters.
11.3 In the case of force majeure, NOBRAA reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be modified in such a way that execution remains possible. In no case is NOBRAA obliged to pay any penalty or compensation.
11.4 If NOBRAA has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the delivered or deliverable part, and the buyer is obliged to pay this invoice as if it concerned a separate contract. This does not apply if the delivered or deliverable part has no independent value.
Article 12: Liability
12.1 NOBRAA is not liable for damages to vehicles or other objects caused by incorrect use of the products. Always read the instructions on the packaging and/or consult our website before use.
12.2 NOBRAA is not responsible for damages to persons, animals, buildings, gardens, public or private objects, or other means caused by the use of products, services, or descriptions sold via its online or physical store.
12.3 The use of our products and services is entirely at your own risk.
12.4 Users of NOBRAA products must always adhere to national and international laws and regulations. NOBRAA is never responsible for violations of local, national, or international laws and regulations by users of its products and services.
12.5 In cases of incorrect use of products sold by NOBRAA, the consumer or company is solely responsible for the consequences and any resulting damages.
12.6 Consumers and business clients are encouraged to contact NOBRAA with questions or uncertainties about products. NOBRAA will work to find an appropriate solution.
12.7 Products must not be misused in any way that could reasonably be expected to cause danger, damage, or nuisance to people or the environment.
Article 13: Retention of Ownership
13.1 Ownership of all goods sold and delivered by NOBRAA remains with NOBRAA as long as the buyer has not fulfilled any claims from NOBRAA under this or similar agreements, including penalties, interest, and costs as stipulated in Article 3:92 of the Dutch Civil Code.
13.2 Goods delivered by NOBRAA that are subject to retention of ownership may only be resold within the scope of normal business operations and may never be used as payment.
13.3 The buyer is not permitted to pledge or encumber goods subject to retention of ownership in any way.
13.4 The buyer grants NOBRAA or a third party appointed by NOBRAA unconditional and irrevocable permission to enter all places where the goods owned by NOBRAA are located and to retrieve these goods if necessary.
13.5 The buyer is obligated to immediately inform NOBRAA of any third party seizure or claims on goods subject to retention of ownership.
13.6 The buyer is obliged to insure and keep insured the goods delivered under retention of ownership against fire, explosion, water damage, and theft and to present the insurance policy to NOBRAA upon request.
Article 14: Intellectual Property Rights
14.1 The buyer or website visitor explicitly acknowledges that all intellectual property rights of displayed information, communications, or other expressions relating to the products and/or the website are vested in NOBRAA.
14.2 Intellectual property rights include, but are not limited to, patents, copyrights, trademarks, design rights, trade names, information, texts, images, videos, documentation, and models, as well as other (intellectual property) rights, whether or not patentable, relating to technical and/or commercial know-how, methods, and concepts.
14.3 The buyer or website visitor acquires only a non-exclusive and non-transferable right to use the products and the results of the services for the agreed purposes. The customer will strictly adhere to the conditions stated in the general terms or otherwise imposed on the customer.
14.4 The buyer or website visitor is not permitted to make the aforementioned items available, in whole or in part, to third parties, to reproduce them, or to publish them without prior written permission from NOBRAA.
14.5 The buyer or website visitor will not remove or modify any indications of copyrights, trademarks, trade names, or other intellectual property rights from NOBRAA or its suppliers.
14.6 NOBRAA guarantees that it is authorized to grant the aforementioned user rights to the customer and indemnifies the customer against any claims from third parties in this regard. This provision does not apply if and insofar as the products and/or results of the services have been modified and/or if they have been delivered in conjunction with goods from third parties, unless the customer proves that third-party claims relate exclusively to the products and/or results of the services delivered by NOBRAA.
Article 15: Applicable Law / Competent Court
15.1 All agreements are governed by Dutch law.
15.2 Disputes arising from an agreement between NOBRAA and the buyer that cannot be resolved amicably will be submitted to the competent court in the district of Meppel, unless NOBRAA prefers to submit the dispute to the competent court in the buyer's place of residence, and except for disputes that fall under the jurisdiction of the subdistrict court.