Terms & Conditions
Notes from the Villa (NFTV) is a trade name of AB Solutions. These Terms and Conditions apply to every offer made by the Seller and to every Distance Contract concluded between the Seller and the Consumer via www.notesfromthevilla.com. Your statutory rights under mandatory EU and national consumer law always remain unaffected.
Article 1 – Identity of the Seller
Notes from the Villa (NFTV) is a trade name of AB Solutions. Registered address: Buorkerij 142, 8941 AN Leeuwarden, Nederland. Office and returns address: Jupiterweg 21C, 8938 AD Leeuwarden, Nederland. Chamber of Commerce (KvK) number: 95667873. VAT identification number: NL005167936B52. E-mail: hello@notesfromthevilla.com. Website: www.notesfromthevilla.com.
Article 2 – Definitions
In these Terms and Conditions, the following definitions apply: Seller: AB Solutions, trading under the name Notes from the Villa (NFTV), registered with the Dutch Chamber of Commerce under number 95667873, offering products to Consumers at a distance. Consumer: the natural person who is not acting for purposes relating to his or her trade, business, craft or profession and who enters into a Distance Contract with the Seller. Distance Contract: a contract concluded between the Seller and the Consumer within the framework of an organised system for distance selling, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication. Right of Withdrawal: the Consumer's option to cancel the Distance Contract within the Withdrawal Period. Withdrawal Period: the period within which the Consumer may exercise the Right of Withdrawal. Model Withdrawal Form: the European model withdrawal form included in Annex I of these Terms and Conditions. Day: calendar day. Business Day: Monday to Friday, excluding public holidays recognised in the Netherlands. Durable Medium: any means enabling the Consumer or the Seller to store information addressed personally to them in a way that allows future consultation for a period adequate to the purpose of the information, and that allows unchanged reproduction of the stored information.
Article 3 – Applicability
(1) These Terms and Conditions apply to every offer made by the Seller and to every Distance Contract concluded between the Seller and the Consumer. (2) Before the Distance Contract is concluded, the text of these Terms and Conditions is made available to the Consumer electronically in such a way that the Consumer can easily store it on a Durable Medium. (3) Situations not covered by these Terms and Conditions shall be assessed in accordance with the spirit of these Terms and Conditions. (4) Any ambiguity regarding the interpretation or content of one or more provisions of these Terms and Conditions shall be interpreted in accordance with the spirit of these Terms and Conditions. (5) If one or more provisions of these Terms and Conditions are at any time wholly or partially void or voided, the remaining provisions shall remain fully applicable. The Seller shall replace the void or voided provisions with new provisions that reflect the purpose and intent of the original provision(s) as closely as possible.
Article 4 – The Offer
(1) All offers made by the Seller are without obligation. The Seller is entitled to change and adjust the offer. (2) If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer. (3) The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow the Consumer to properly assess the offer. (4) Obvious mistakes or errors in the offer are not binding on the Seller. This applies in particular to obvious errors in prices, images or product descriptions. (5) All images and specifications of products are indicative and cannot give rise to compensation or dissolution of the contract. Colours of printed products may differ in reality due to screen settings and the nature of the printing process. (6) Each offer contains such information that it is clear to the Consumer which rights and obligations are attached to accepting the offer.
Article 5 – The Contract
(1) Subject to the provisions of paragraph 4, the contract is concluded at the moment the Consumer accepts the offer and meets the conditions attached to it. (2) If the Consumer has accepted the offer electronically, the Seller shall immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the Seller, the Consumer may dissolve the contract. (3) At the latest upon delivery of the product, the Seller shall provide the Consumer with the following information, in such a way that the Consumer can store it in an accessible manner on a Durable Medium: (a) the visiting address of the Seller's establishment where the Consumer can submit complaints; (b) the conditions under which and the manner in which the Consumer may exercise the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal; (c) information on warranties and existing after-sales service; (d) the price of the product including all taxes; (e) the delivery costs, where applicable; (f) the method of payment, delivery or performance of the contract. (4) The Seller reserves the right to refuse an order or to attach additional conditions to it, for example in the event of suspected misuse, fraud, unusual ordering behaviour or unavailability of the product. (5) If an ordered product is no longer available, the Seller shall inform the Consumer as soon as possible. Any amounts already paid shall in that case be refunded within 14 days.
Article 6 – Right of Withdrawal
Withdrawal Period. (1) The Consumer may dissolve a contract relating to the purchase of a product during a Withdrawal Period of 14 days without giving reasons. The Seller may ask the Consumer for the reason for withdrawal but may not oblige the Consumer to state his or her reason(s). (2) The Withdrawal Period commences on the day after the Consumer, or a third party designated in advance by the Consumer who is not the carrier, has received the product, or: (a) if the Consumer has ordered multiple products in the same order: the day on which the last product was received; (b) if the delivery of a product consists of multiple shipments or parts: the day on which the last shipment or the last part was received. Obligations of the Consumer during the Withdrawal Period. (3) During the Withdrawal Period, the Consumer shall handle the product and its packaging with care. The Consumer shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the Consumer may only handle and inspect the product as he or she would be permitted to do in a physical store. (4) The Consumer is liable for any diminished value of the product resulting from handling the product beyond what is permitted under paragraph 3. The Seller may deduct this diminished value from the amount to be refunded. (5) Products should be returned in their original packaging, unworn, unwashed and with all labels and tags attached. If a returned product shows signs of use, wear or washing beyond what is necessary to establish its nature, characteristics and functioning, the Seller may deduct the resulting diminished value from the refund in accordance with paragraph 4. Exercising the Right of Withdrawal. (6) If the Consumer exercises the Right of Withdrawal, he or she shall notify the Seller within the Withdrawal Period by means of the Model Withdrawal Form (Annex I) or in another unambiguous manner via hello@notesfromthevilla.com. (7) As quickly as possible, but within 14 days from the day following the notification, the Consumer shall return the product. The Consumer has in any case complied with the return period if the product is sent back before the Withdrawal Period has expired. (8) The Consumer shall return the product with all delivered accessories, in its original condition and packaging, and in accordance with the instructions provided by the Seller. (9) The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal lie with the Consumer. (10) The direct costs of returning the product shall be borne by the Consumer. Obligations of the Seller in the event of withdrawal. (11) The Seller shall refund all payments made by the Consumer, including any delivery costs (with the exception of additional costs if the Consumer expressly opted for a delivery method other than the cheapest standard delivery), without delay but no later than 14 days following the day on which the Consumer notifies the Seller of the withdrawal. (12) The Seller may withhold the refund until it has received the product back, or until the Consumer has demonstrated that the product has been returned, whichever occurs first. (13) The Seller shall use the same means of payment for the refund as the Consumer used, unless the Consumer agrees to a different method. No costs shall be charged to the Consumer for the refund.
Article 7 – Exclusion of the Right of Withdrawal
The Right of Withdrawal is excluded for products that: (a) have been manufactured by the Seller in accordance with the Consumer's specifications (made to order); (b) are clearly personal in nature; (c) cannot be returned due to their nature; (d) are liable to deteriorate or expire rapidly. At present, Notes from the Villa does not offer any products to which these exclusions apply. Should this change in the future, this will be clearly stated per product.
Article 8 – Prices and Payment
(1) All prices stated are in euros and include VAT. (2) During the period of validity stated in the offer, the prices of the products offered shall not be increased, except for price changes resulting from changes in VAT rates. (3) The Seller reserves the right to change prices. Price changes after the conclusion of the contract shall not affect orders already placed. (4) Payment shall be made via the payment methods offered in the webshop, including iDEAL, credit card (Visa/Mastercard), Apple Pay, Google Pay, Klarna and PayPal. The order shall be processed after receipt of full payment or, in the case of deferred payment methods, after the payment has been authorised by the relevant payment provider. (5) All delivered products remain the property of the Seller until the Consumer has fully paid all amounts due for those products, including in the case of deferred payment methods. (6) The Consumer is obliged to report any inaccuracies in payment details provided or stated to the Seller without delay.
Article 9 – Delivery
(1) The Seller shall exercise the greatest possible care when receiving and executing orders for products. (2) The place of delivery is the address that the Consumer has communicated to the Seller. (3) The Seller delivers to Consumers in all member states of the European Union. (4) Orders are processed and handed over to the carrier within 2 to 4 Business Days after receipt of full payment (processing time). (5) After hand-over to the carrier, the shipping time is 4 to 12 Business Days, depending on the country of destination. The total indicative delivery time is therefore 6 to 16 Business Days after payment. (6) The periods referred to in paragraphs 4 and 5 are indicative and do not constitute strict deadlines. The maximum delivery period is 30 days after placing the order, unless a different period has been expressly agreed. (7) The Consumer shall receive a track & trace code as soon as the package has been shipped. (8) If delivery is delayed, or if an order cannot be executed or can only be executed in part, the Consumer shall be informed of this as soon as possible, but no later than 30 days after placing the order. In that case, the Consumer has the right to dissolve the contract free of charge. (9) If a shipment is returned to the Seller because the Consumer provided an incorrect or incomplete delivery address, refused the shipment, or failed to collect it within the carrier's collection period, the Seller may charge the reasonable costs of re-shipment to the Consumer. This does not affect the Consumer's Right of Withdrawal. (10) The risk of damage and/or loss of products rests with the Seller until the moment of delivery to the Consumer or a representative designated in advance by the Consumer. (11) Following dissolution in accordance with paragraph 8, the Seller shall refund the amount paid by the Consumer without delay, but no later than within 14 days after dissolution.
Article 10 – Promotions and Discounts
(1) The Seller runs varying promotions, including bundle discounts. The current promotion conditions are stated on the website. (2) Discounts are applied automatically at checkout and are not valid in combination with other promotions or discount codes, unless stated otherwise. (3) The Seller reserves the right to change promotion conditions or to end a promotion early. Orders already placed shall be honoured. (4) The Seller is not bound by obvious errors in the calculation of discounts.
Article 11 – Conformity and Warranty
(1) The Seller warrants that the products comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. (2) Any warranty arrangement offered by the Seller does not affect the rights and claims that the Consumer may assert against the Seller under the law and/or the Distance Contract in respect of a failure by the Seller to fulfil its obligations. (3) Defects or incorrectly delivered products must be reported to the Seller in writing or by e-mail within 2 months after discovery. Products must be returned in their original packaging and in new condition. (4) If the complaint is found to be justified, the Consumer may choose between free replacement or (full or partial) refund of the purchase amount, in accordance with the statutory provisions on consumer sales.
Article 12 – Complaints Procedure
(1) Complaints about the performance of the contract must be submitted to the Seller via hello@notesfromthevilla.com, fully and clearly described, within a reasonable time after the Consumer has discovered the defects. (2) Complaints submitted to the Seller shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Seller shall respond within 14 days with an acknowledgement of receipt and an indication of when the Consumer can expect a more detailed answer. (3) The Consumer must in any case allow the Seller 4 weeks to resolve the complaint by mutual agreement.
Article 13 – Liability
(1) The Seller is only liable for direct damage that is the direct result of an attributable failure by the Seller to fulfil the contract. (2) The Seller's liability is in all cases limited to a maximum of the amount the Consumer paid for the product concerned. (3) The Seller is not liable for indirect damage, including consequential damage, loss of profit, missed savings or damage due to business interruption. (4) The Seller is not liable for damage arising from the Consumer providing incorrect, incomplete or unlawful information, including an incorrect delivery address or incorrect sizing choices. (5) The Seller is not liable for colour deviations resulting from the Consumer's screen settings or the inherent characteristics of the printing process. (6) The limitations of liability in this article do not apply if the damage is due to intent or deliberate recklessness on the part of the Seller. (7) The provisions of this article do not affect the Consumer's statutory rights under mandatory consumer law.
Article 14 – Force Majeure
(1) The Seller is not obliged to fulfil any obligation towards the Consumer if it is prevented from doing so as a result of force majeure. (2) In these Terms and Conditions, force majeure means, in addition to what is understood by law and case law: all external causes, foreseen or unforeseen, over which the Seller has no influence but which prevent the Seller from fulfilling its obligations. This includes in any case: failures in production or delivery by third parties (including printing houses, print suppliers, manufacturers and other suppliers), transport problems, fire, strikes, government measures, epidemics, pandemics, natural disasters, cyber incidents, and failures in internet or payment services. (3) If the force majeure situation lasts longer than 30 days, the Consumer has the right to dissolve the contract. In that case, the Seller shall refund any amounts already paid within 14 days.
Article 15 – Intellectual Property
(1) All intellectual property rights relating to the website, designs, images, texts, logos and other materials of Notes from the Villa belong exclusively to the Seller or its licensors. (2) Nothing from the website or the products offered may be reproduced, stored in an automated database, or made public, in any form or by any means, whether electronic, mechanical, by photocopying, recording or in any other way, without the prior written consent of the Seller. (3) The Consumer is not permitted to use the Seller's designs and trademarks for commercial purposes, including resale, reproduction or the manufacture of derivative products.
Article 16 – Personal Data
(1) The Seller processes the Consumer's personal data in accordance with the General Data Protection Regulation (GDPR). (2) The Seller's privacy policy is available on the website and forms an integral part of these Terms and Conditions. The Consumer is deemed to have taken note of it.
Article 17 – Minimum Age
(1) To place an order with Notes from the Villa, the Consumer must be at least 18 years old, or have the consent of a parent or legal guardian. (2) By placing an order, the Consumer declares that he or she meets this condition.
Article 18 – Disputes and Applicable Law
(1) All contracts between the Seller and the Consumer to which these Terms and Conditions apply are governed by Dutch law. (2) The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. (3) Disputes between the Seller and the Consumer shall be submitted to the competent court in the district of Noord-Nederland (the Netherlands), unless mandatory law designates a different court. (4) The choice of Dutch law does not affect the protection afforded to the Consumer by the mandatory provisions of the consumer law of the country in which the Consumer has his or her habitual residence, where that country is a member state of the European Union. (5) The Consumer may also submit a dispute to a recognised body for out-of-court dispute resolution in his or her own member state, where applicable.
Article 19 – Amendments to these Terms and Conditions
(1) The Seller reserves the right to amend or supplement these Terms and Conditions. (2) Amendments of minor importance may be made at any time. (3) Substantial amendments shall be published on the website no later than 30 days before they take effect. (4) Contracts already concluded shall remain subject to the version of the Terms and Conditions that applied at the time the contract was concluded.
Article 20 – Final Provisions
(1) If one or more provisions of these Terms and Conditions prove to be void or voidable, this shall not affect the validity of the remaining provisions. (2) These Terms and Conditions may be made available in multiple languages. In the event of any discrepancy between language versions, the English version shall prevail, to the extent permitted by mandatory law. (3) These Terms and Conditions are protected by the Seller's copyright. Reproduction is not permitted without written consent.
Annex I – Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.) To: Notes from the Villa (NFTV) / AB Solutions, Jupiterweg 21C, 8938 AD Leeuwarden, Nederland — hello@notesfromthevilla.com. I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods: — Ordered on (*) / Received on (*): — Order number: — Name of consumer(s): — Address of consumer(s): — Signature of consumer(s) (only if this form is submitted on paper): — Date: — (*) Delete as appropriate.