Terms and conditions

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 Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Guarantee
Article 11 - Delivery and Execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
Article 15 - Additional or Deviating Provisions

Article 1 - Definitions

Reflection Period: the period during which the consumer can make use of his right of withdrawal (returning);

Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term Transaction: a distance contract related to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;

Durable Data Carrier: any means that allows the consumer or entrepreneur to store information addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.

Right of Withdrawal: the consumer's ability to refrain from the distance contract within the reflection period (returning of items);

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers, in this case Never not bullish, a company registered under the trade name 'NNB Clothing', registration number 77854519, located at Karl Weisbardstraat 65, Rotterdam, The Netherlands;

Distance Contract: a contract within the framework of an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively using one or more techniques for communication at a distance;

Technique for Communication at a Distance: a means that can be used for concluding a contract, without the consumer and entrepreneur simultaneously coming together in the same space.

Terms and Conditions: these present general Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Never not bullish is registered as NNB Clothing, located at Karl Weisbardstraat 181 (Frame Offices building), 3015GM, Rotterdam, The Netherlands.

Phone number:+31(0)647977943
E-mailadress: info@nevernotbullish.com
Chamber of Commerce (KVK): 77854519
VAT Number: NL003250193B44

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every concluded distance agreement and orders between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be taken note of electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the case of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are wholly or partially void or are annulled at any time, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation as soon as possible by a provision that approximates the purport of the original as much as possible.

Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a basis for damages or dissolution of the agreement.

Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns, in particular:

- The price including taxes;
- The possible costs of shipping;
- How the agreement will be concluded and what actions are required for this;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the agreement
- The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- The amount of the rate for communication at a distance if the costs of using the communication technique at a distance are calculated on a basis other than the regular basic rate for the used communication medium;
- Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- How the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
- Any other languages in which, in addition to English and Dutch, the agreement can be concluded;
- The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- The minimum duration of the distance agreement in the case of a long-term transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance of the agreement, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

Within the legal framework, the entrepreneur can inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

- The address of the establishment of the entrepreneur where the consumer can address complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information about guarantees and existing after-sales service;
- The data referred to in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

Each agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

In the purchase of products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This reflection period starts on the day after the consumer receives the product or a pre-designated representative made known to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories delivered and, if reasonably possible, in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must do this by sending an e-mail to info@nevernotbullish.com. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example, by means of proof of shipment.

If the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises his right of withdrawal, the maximum cost of return shipment shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, under the condition that the product has already been received by the entrepreneur or conclusive evidence of complete return shipment can be provided. Repayment will be made using the same payment method that the consumer used, unless the consumer expressly gives permission for another payment method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.

The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.

Article 8 - Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly of a personal nature;
whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
for hygienic products of which the consumer has broken the seal.

Article 9 - The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.

The prices mentioned in the offer of products or services are inclusive of VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 1 month of discovering the defect.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired or modified the delivered products themselves or had them repaired or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging;
the defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.

The delivery address specified by the consumer to the company shall be deemed the place of delivery.

Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 14 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed, or can only be partially executed, the consumer will be notified of this no later than 14 days after placing the order. In such cases, the consumer has the right to dissolve the contract without incurring any costs. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from the mentioned terms. Exceeding a term does not entitle the consumer to compensation.

In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly communicated upon delivery that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and disclosed representative, unless expressly agreed otherwise.

Article 12 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1.

The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.

Article 13 - Complaints Procedure

The entrepreneur has an adequately publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur within 1 month, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to dispute resolution.

In case of complaints, a consumer must first contact the entrepreneur. If a resolution is then not reached, the consumer has the option to submit a complaint via the European ODR platform.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.

Article 14 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 15 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in a manner that allows the consumer to store them on a durable medium in an accessible way.

In case you have any questions on the terms and conditions, or if you wish to receive a PDF copy, please reach out to us.