Terms and Conditions

Last updated on April 19, 2024

 

Article 1 - Definitions

  1. Noya Streetwear: Noya, established in Dreesplein 11, 3404JP, IJsselstein, Chamber of Commerce number 93412703.
  2. Customer: the party with whom Noya Streetwear has entered into an agreement.
  3. Parties: Noya Streetwear and the Customer together.
  4. Consumer: a Customer who is also an individual acting in a private capacity.

Article 2 - Applicability

  1. These terms and conditions apply to all offers, quotations, activities, orders, agreements, and deliveries of services or products by or on behalf of Noya Streetwear.
  2. Noya Streetwear and the Customer may only deviate from these conditions if they have expressly agreed to this in writing.
  3. Noya Streetwear and the Customer explicitly exclude the applicability of the Customer’s general terms and conditions or those of any other party.

Article 3 - Prices

  1. Noya Streetwear uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
  2. Noya Streetwear may change the prices of its services and products on its website and in other communications at any time.
  3. Increases in the cost prices of products or parts thereof that Noya Streetwear could not foresee at the time of making the offer or concluding the agreement may give rise to price increases.
  4. The consumer has the right to cancel an agreement due to a price increase under paragraph 3, unless the increase is due to statutory regulation.

Article 4 - Samples and Models

  1. When the Customer has received a sample or model of a product, they cannot derive any rights from it other than that it is an indication of the nature of the product, unless it is expressly agreed in writing that the products to be delivered will correspond with the sample or model.

Article 5 - Payments and Payment Terms

  1. Noya Streetwear may require a down payment of up to 50% of the agreed amount when entering into the agreement.
  2. The Customer must pay the remaining amount within 14 days after delivery.
  3. The payment terms used by Noya Streetwear are fatal payment terms. This means that if the Customer does not pay the agreed amount by the last day of the payment term, they are automatically in default and in breach of contract, without Noya Streetwear having to send a reminder or notice of default to the Customer.
  4. Noya Streetwear may make a delivery dependent on immediate payment or demand security for the total amount of the services or products.

Article 6 - Consequences of Late Payment

  1. If the Customer does not pay within the agreed term, Noya Streetwear may charge the statutory interest of 2% per month for non-commercial transactions from the day the Customer is in default, with a part of a month being counted as a full month.
  2. When the Customer is in default, they must also pay extrajudicial collection costs and any compensation to Noya Streetwear.
  3. The collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
  4. If the Customer does not pay on time, Noya Streetwear may suspend its obligations until the Customer has fulfilled their payment obligations.
  5. In the event of liquidation, bankruptcy, seizure, or suspension of payment on the part of the Customer, Noya Streetwear's claims against the Customer are immediately due and payable.
  6. If the Customer refuses to cooperate with the execution of the agreement by Noya Streetwear, they are still obliged to pay the agreed price.

Article 7 - Right of Reclamation

  1. If the Customer is in default, Noya Streetwear may invoke the right of reclamation concerning the unpaid delivered products to the Customer.
  2. Noya Streetwear will exercise its right of reclamation by sending a written or electronic notice to the Customer.
  3. Once the Customer has been notified of the invoked right of reclamation, the Customer must immediately return the relevant products to Noya Streetwear unless otherwise agreed in writing.
  4. The Customer bears the costs for retrieving or returning the products under paragraph 3.

Article 8 - Right of Withdrawal

  1. A consumer may cancel an online purchase within 14 days of the purchase without giving any reason. This right of withdrawal does not apply when:
    • the product has been used
    • the product is perishable, such as food or flowers
    • the product is custom-made or adapted specifically for the consumer
    • the product cannot be returned for hygiene reasons, such as underwear or swimwear
    • the seal is not intact for data carriers with digital content, such as DVDs or CDs
    • the product or service concerns accommodation, transport, restaurant services, catering orders, or a form of leisure activity
    • the product is a single issue of a newspaper or magazine
    • the consumer has waived their right of withdrawal
  2. The 14-day cooling-off period under paragraph 1 begins:
    • on the day after the consumer receives the last product or part of an order
    • as soon as the consumer has confirmed they will receive digital content via the internet
  3. The consumer can exercise their cooling-off period by sending an email to

    contact@noyastreetwear.com, possibly using the withdrawal form available on the Noya Streetwear website, www.noyastreetwear.com.

  4. The consumer must return the product within 14 days after notifying Noya Streetwear of their right of withdrawal, failing which their right of withdrawal expires.

Article 9 - Reimbursement of Delivery Costs

  1. If the consumer timely cancels their purchase and timely returns the complete order to Noya Streetwear, Noya Streetwear will reimburse any shipping costs paid by the consumer within 14 days of receiving the timely returned order.
  2. The shipping costs are only reimbursed by Noya Streetwear if the entire order is returned.

Article 10 - Reimbursement of Return Costs

  1. If the consumer invokes their right of withdrawal and returns the entire order on time, the Customer pays the costs thereof.

Article 11 - Right of Retention

  1. Noya Streetwear may use its right of retention and in that case keep products of the Customer until the Customer has paid all outstanding invoices from Noya Streetwear unless the Customer has provided sufficient security for those costs.
  2. The right of retention also applies based on previous agreements under which the Customer still owes money to Noya Streetwear.
  3. Noya Streetwear is not liable for any damage the Customer suffers due to the use of its right of retention.

Article 12 - Retention of Title

  1. Noya Streetwear remains the owner of all delivered products until the Customer has paid all outstanding invoices from Noya Streetwear related to an underlying agreement, including claims due to the Customer's failure to perform.
  2. Until that time, Noya Streetwear may use its retention of title and take back the items.
  3. Before the ownership has transferred to the Customer, the Customer may not pledge, sell, alienate, or otherwise encumber the products.
  4. When Noya Streetwear exercises its retention of title, the agreement is thereby undone, and Noya Streetwear may claim compensation, lost profit, and interest from the Customer.

Article 13 - Delivery

  1. Delivery takes place as long as stocks last.
  2. Delivery takes place at Noya Streetwear unless otherwise agreed.
  3. Delivery of online ordered products takes place at the address indicated by the Customer.
  4. If the Customer does not pay the agreed amounts or does not pay on time, Noya Streetwear may suspend its obligations until the Customer pays.
  5. In case of late payment, there is a creditor's default, preventing the Customer from holding Noya Streetwear responsible for a late delivery.

Article 14 - Delivery Time

  1. Noya Streetwear's delivery times are indicative. If delivery is later, the Customer cannot derive any rights from this unless otherwise agreed in writing.
  2. The delivery time starts when the Customer has completed the ordering process and has received confirmation from Noya Streetwear.
  3. The Customer is not entitled to compensation and may not cancel the agreement if Noya Streetwear delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Noya Streetwear cannot deliver within 14 days after being notified in writing or if the Customer and Noya Streetwear have agreed otherwise.

Article 15 - Actual Delivery

  1. The Customer must ensure that the actual delivery of the ordered products can take place on time.

Article 16 - Transport Costs

  1. The Customer pays the transport costs unless the Customer and Noya Streetwear have agreed otherwise in writing.

Article 17 - Packaging and Shipping

  1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer fails to do so, they cannot hold Noya Streetwear liable for any damage.
  2. If the Customer is responsible for transporting a product, they must report any visible damage to Noya Streetwear before transporting the product, failing which Noya Streetwear cannot be held liable for any damage.

Article 18 - Storage

  1. If the Customer orders products later than agreed, Noya Streetwear may charge storage costs for the surplus products.
  2. If the Customer has not collected the products within 14 days after receiving a notice of default from Noya Streetwear, Noya Streetwear may sell the products to third parties. The Customer is then liable for any costs Noya Streetwear incurs, including costs related to the sale of the products. Noya Streetwear deducts these costs from the proceeds of the sale and remits the remainder to the Customer.

Article 19 - Warranty

  1. Noya Streetwear guarantees that the delivered products comply with the agreement, the specifications listed in the offer, reasonable reliability and usability, and statutory provisions.
  2. The warranty period of Noya Streetwear corresponds with the manufacturer’s warranty period. However, Noya Streetwear is never responsible for the ultimate suitability of the products for each individual application.
  3. The Customer may only invoke the warranty after having paid for the purchased products.
  4. If the warranty involves a product that Noya Streetwear has not manufactured, the warranty is limited to the warranty provided by the manufacturer of the product. This does not apply if the parties have agreed otherwise or the nature of the product determines otherwise.
  5. Any warranty given by Noya Streetwear is null and void if the defect is due to improper or inappropriate use or the Customer or third parties have made changes or attempted to make changes to the product without Noya Streetwear's written permission or have used the product for purposes for which it was not intended.
  6. If Noya Streetwear is required to replace parts under the warranty, the replaced parts become Noya Streetwear's property.

Article 20 - Indemnification

  1. The Customer indemnifies Noya Streetwear against all third-party claims related to the products and/or services provided by Noya Streetwear.
  2. The Customer indemnifies Noya Streetwear against any third-party claims related to intellectual property rights on materials or data provided by the Customer that are used in the execution of the agreement.

Article 21 - Complaints

  1. The Customer must examine a product or service provided by Noya Streetwear for defects within 14 days after receiving it. The Customer must notify Noya Streetwear in writing of the defect within 14 days of discovering it. The Customer must provide as detailed a description as possible so that Noya Streetwear can respond adequately.
  2. The Customer must demonstrate that the complaint relates to an agreement between the parties.
  3. If a complaint concerns ongoing work, the Customer cannot hold Noya Streetwear responsible for any delay in completing the work.

Article 22 - Notice of Default

  1. The Customer must notify Noya Streetwear in writing of any default.
  2. The Customer must provide Noya Streetwear with a reasonable period to still perform its obligations.
  3. The Customer must give Noya Streetwear a written notice of default before Noya Streetwear can be held liable for breach of contract.
  4. The notice of default must contain a detailed description of the breach so that Noya Streetwear can adequately respond.

Article 23 - Customer Liability

  1. If Noya Streetwear provides a product and/or service to the Customer and Noya Streetwear's product and/or service causes damage, the Customer is liable for the damage if it is caused by the Customer’s incorrect or improper use.
  2. The Customer must notify Noya Streetwear of any damage within 14 days after discovering it. Failure to do so means the Customer cannot hold Noya Streetwear liable for any damages.

Article 24 - Noya Streetwear Liability

  1. Noya Streetwear is only liable for any damage the Customer suffers if it is due to gross negligence or intent.
  2. If Noya Streetwear is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
  3. Noya Streetwear is never liable for indirect damage, such as consequential damage, lost profit, lost savings, or damage to third parties.
  4. If Noya Streetwear is liable, its liability is limited to the invoice amount relating to the part of the agreement to which the liability relates.
  5. The Customer must report any damage for which Noya Streetwear can be held liable to Noya Streetwear as soon as possible, but in any case within 30 days after the damage occurred. Reports submitted after this period are not considered, and the Customer is not entitled to compensation.

Article 25 - Expiry Period

  1. Any right the Customer has to claim compensation from Noya Streetwear expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 21 of these terms and conditions.

Article 26 - Termination

  1. Either party may terminate the agreement at any time.
  2. If the agreement is terminated, the Customer must return any products already received to Noya Streetwear and pay any outstanding amounts for services rendered up to that point.
  3. If either party terminates the agreement and the Customer owes Noya Streetwear an outstanding amount, the Customer must pay that amount immediately.

Article 27 - Force Majeure

  1. Noya Streetwear is not liable if it cannot perform its obligations under an agreement due to force majeure.
  2. Force majeure means any circumstance beyond Noya Streetwear's control that prevents the performance of its obligations. This includes, but is not limited to, fire, theft, power outages, strikes, transport disruptions, war, government measures, delays due to customs clearance, and supply shortages.
  3. If a force majeure situation occurs, Noya Streetwear may suspend its obligations under the agreement or terminate the agreement without being liable for damages.

Article 28 - Amendment of Agreement

  1. Noya Streetwear may amend these terms and conditions at any time.
  2. Noya Streetwear will notify the Customer of any amendments in writing or electronically at least 30 days before they take effect.
  3. If the Customer does not agree with the amendments, they may cancel the agreement before the new terms and conditions take effect.

Article 29 - Amendment of General Terms and Conditions

  1. Noya Streetwear may amend these terms and conditions at any time.
  2. Noya Streetwear will notify the Customer of any amendments in writing or electronically at least 30 days before they take effect.
  3. If the Customer does not agree with the amendments, they may cancel the agreement before the new terms and conditions take effect.

Article 30 - Transfer of Rights

  1. The Customer may not transfer its rights under an agreement with Noya Streetwear to a third party without Noya Streetwear's written consent.

Article 31 - Consequences of Nullity or Voidability

  1. If one or more provisions of these terms and conditions are found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
  2. The parties will replace the invalid provision with a valid provision that reflects the original intent as closely as possible.

Article 32 - Applicable Law and Competent Court

  1. Dutch law governs all agreements and legal relationships between Noya Streetwear and the Customer.
  2. The Dutch court in the district where Noya Streetwear is established has exclusive jurisdiction to hear any disputes arising from or related to the agreement or these terms and conditions.

These General Terms and Conditions were last updated on April 19, 2024.