Terms & Conditions

General Terms and Conditions of Nomadius
Based on the model terms and conditions of WebwinkelKeur.

Table of Contents

  1. Definitions
  2. Identity of the Entrepreneur
  3. Applicability
  4. The Offer
  5. The Agreement
  6. Right of Withdrawal
  7. Costs in Case of Withdrawal
  8. Exclusion of Right of Withdrawal
  9. Price and Payment Terms
  10. Conformity and Warranty
  11. Delivery and Execution
  12. Duration Transactions: Termination and Renewal
  13. Payment
  14. Complaints Procedure
  15. Disputes
  16. Additional or Deviating Provisions

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
  • Consumer: A natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Duration transaction: A distance contract concerning a series of products and/or services with spread-out delivery or purchase obligations.
  • Durable data carrier: Any medium that enables the consumer or entrepreneur to store personally addressed information in a way that allows future consultation and unchanged reproduction.
  • Right of withdrawal: The ability of the consumer to cancel the distance contract within the cooling-off period.
  • Model withdrawal form: The form provided by the entrepreneur that consumers can use when they wish to exercise their right of withdrawal.
  • Entrepreneur: The legal entity offering travel goods for sale via distance contracts.
  • Distance contract: A contract concluded exclusively through remote communication means.
  • Remote communication techniques: Any tool used to conclude a contract without simultaneous physical presence of consumer and entrepreneur.
  • General Terms and Conditions: The present document.

Article 2 - Identity of the Entrepreneur

Nomadius
Doctor Cuyperslaan 40-12
5623BB Eindhoven, Netherlands
T: (+31) 8500-4124
E: support@nomadius.com
Chamber of Commerce (KVK): 75566729
VAT Number: NL002428943B88
Website: https://nomadius.com


Article 3 - Applicability

  • These general terms and conditions apply to every offer from Nomadius and any agreement concluded between Nomadius and the consumer.
  • Before a distance contract is concluded, the consumer will receive these terms and conditions electronically in a way that allows easy storage.
  • In case of conflicting terms, the most favorable provision for the consumer will prevail.
  • Situations not covered by these terms shall be interpreted according to the spirit of these general terms and conditions.

Article 4 - The Offer

  • If an offer has a limited validity period or specific conditions, this will be explicitly stated.
  • The offer is non-binding, and Nomadius reserves the right to modify or withdraw it.
  • The offer includes a detailed description of the products offered. If images are used, they are a truthful representation.
  • Pricing is stated including taxes. Additional costs (e.g., shipping fees) are communicated clearly before the contract is concluded.

Article 5 - The Agreement

  • The agreement is formed when the consumer accepts the offer and meets the required conditions.
  • If the agreement is concluded electronically, Nomadius will confirm receipt without delay.
  • Nomadius ensures the security of electronic transactions.
  • Nomadius may refuse an order based on internal assessment.

Article 6 - Right of Withdrawal

  • Consumers have the right to cancel their order up to 14 days after the day of receipt without giving a reason. After cancellation, the consumer has an additional 14 days to return the product. During this period, the consumer must handle the product carefully and, if reasonably possible, return it in its original condition and packaging. Returns are free of charge.

Article 7 - Costs in Case of Withdrawal

  • Nomadius covers the return shipping costs, ensuring free returns for the consumer. Nomadius will refund the purchase amount, including the shipping costs, within 14 days after the return has been reported. However, Nomadius reserves the right to withhold the refund until the returned product has been received or until the consumer provides proof of return shipment, whichever occurs first.
  • If the product is damaged due to careless handling by the consumer or if it has been used more than necessary to evaluate its nature, characteristics, and functionality, the consumer is liable for any depreciation in value. This depreciation will be deducted from the refund amount. To avoid depreciation, we kindly request that you handle the product with care and ensure it is properly packaged when returning it.

Article 8 - Exclusion of Right of Withdrawal

The right of withdrawal does not apply to:

  • The right of withdrawal does not apply to: Custom-made travel goods or sealed items (e.g., hygiene products) that have been opened. In all other cases, returns are accepted within the designated return period, subject to the conditions outlined in Article 7.

Article 9 - Price and Payment Terms

  • Prices include VAT and are subject to change due to external cost factors.
  • The consumer must pay within 7 business days after the cooling-off period.
  • Nomadius retains ownership of the goods until full payment is received.

Article 10 - Conformity and Warranty

  • Nomadius guarantees that products comply with the agreement and meet reasonable usability standards.
  • A 2-year warranty applies unless otherwise stated.
  • Warranty exclusions include damages from:
    • Water exposure
    • Unauthorized repairs or modifications
    • Excessive outdoor use

Article 11 - Delivery and Execution

  • Nomadius processes orders carefully and delivers within 30 days, unless stated otherwise.
  • If a product is unavailable, a replacement may be offered.
  • The risk transfers to the consumer upon delivery.

Article 12 - Duration Transactions: Termination and Renewal

  • Open-ended agreements can be terminated by the consumer with a notice period of one month.
  • Fixed-term agreements cannot be automatically extended, except in specific cases.

Article 13 - Payment

  • Payments must be made within 7 days unless otherwise agreed.
  • If the consumer fails to pay, Nomadius may charge default interest of 12% per year.
  • Nomadius is entitled to request full prepayment for online purchases.

Article 14 - Complaints Procedure

  • Complaints must be submitted in writing within 2 months of discovering a defect. Nomadius will respond within 14 days and propose a solution where possible. Consumers must first submit complaints to the entrepreneur by contacting us at support@nomadius.com or via the contact form on our website.
  • If the webstore is affiliated with WebwinkelKeur and a complaint cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur via www.webwinkelkeur.nl. WebwinkelKeur will mediate free of charge. Consumers can check if this webstore has an active membership via https://www.webwinkelkeur.nl/leden/.
  • If mediation does not lead to a satisfactory solution, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Costs associated with submitting a dispute to this dispute resolution committee must be paid by the consumer to the relevant committee.

Article 15 - Disputes

  • Dutch law applies to these terms and conditions.
  • Disputes shall be settled by a Dutch court.

Article 16 - Additional or Deviating Provisions

Any additional agreements must be documented in writing and must not disadvantage the consumer.