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 the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 17 - Promotion conditions
Article 18 - Privacy
Article 19 - Intellectual property rights/secrecy

Art. 1 - Definitions

In these terms and conditions, the following definitions shall apply:

- Withdrawal period: the period within which the consumer can exercise his right of withdrawal;

- Client/buyer/consumer: every natural or legal person in the capacity of entrepreneur or consumer, to whom Nikki.Amsterdam delivers or makes products available. In these provisions further referred to as consumer.

- Day: calendar day;

- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

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

- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

- Model form: the model withdrawal form made available by the trader which a consumer can fill in when he wants to exercise his right of withdrawal.

- Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

- Distance contract: an agreement where, in the context of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.

- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Art. 2 - Identity of the entrepreneur

Chamber of Commerce number | 73939722
VAT number | NL859717392B01

Art. 3 - Applicability

- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and client/buyer/consumer.

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

- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

-- In case specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.

-- If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible.

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

-- Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions are to be interpreted 'in the spirit' of these general terms and conditions.

Art. 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

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

price including taxes;

any shipping costs;

the manner in which the agreement will be concluded and what actions are necessary to do so;

whether or not the right of withdrawal applies;

the method of payment, delivery and performance of the agreement;

the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

the level of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the contract is archived after its conclusion, and if so on which it can be accessed by the consumer;

the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and, if desired, rectify them;

any other languages in which, in addition to Dutch, the agreement may be concluded;

the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a duration transaction.

Art. 5 - The agreement

- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.

-- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

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

- The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.

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

-- the visiting address of the trader's establishment to which the consumer can address complaints;

-- the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

-- the information on warranties and existing after-sales service;

-- the details included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these details before the execution of the agreement;

-- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

- In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

- Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Art. 6 - Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. This does not apply to business transactions.

During the reflection period, the consumer will handle the product and its 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 to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 30 days of receiving the product. The consumer must make this known using the model form or by another means of communication such as e-mail. After the consumer has expressed his wish to make use of his right of withdrawal, the consumer should return the product within 30 days. The consumer has to prove that the delivered goods have been returned in time, e.g. by means of proof of dispatch.

If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

On provision of services:

When services are supplied, the consumer has the option of dissolving the contract without giving reasons for at least 14 days starting from the day of entering into the contract.

To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the operator at the time of the offer and/or at the latest upon delivery.

Art. 7 - Costs in case of withdrawal

If the consumer exercises his/her right of withdrawal, the return costs will be at his/her expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the entrepreneur has received the product back (or conclusive proof of complete return). Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly authorises a different payment method.

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

The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur, this should be done before the conclusion of the purchase agreement.

Art. 8 - Exclusion of right of withdrawal

1. 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 only applies if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract.

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

created by the entrepreneur in accordance with the consumer's specifications;

which are clearly personal in nature;

which cannot be returned due to their nature;

which can spoil or age quickly;

the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

for single newspapers and magazines;

for audio and video recordings and computer software whose seals have been broken by the consumer;

for hygienic products whose seals have been broken by the consumer.

3. Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;

whose delivery has started with the consumer's express consent before the cooling-off period has expired;

On betting and lotteries.

Art. 9 - The price

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

- Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.

- Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

-- they result from statutory regulations or provisions; or

-- the consumer has the power to terminate the agreement from the day on which the price increase takes effect.

- The prices mentioned in the offer of products or services include VAT.

- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Art. 10 - Conformity and warranty

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

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

The client/buyer is obliged to check the goods delivered immediately upon receipt. If it appears that the delivered goods are incorrect, faulty or incomplete, the client/buyer must (before returning the goods to Nikki.Amsterdam) immediately report these defects to Nikki.Amsterdam in writing. Any defects or incorrect goods delivered must and can be reported in writing to Nikki.Amsterdam by the client/buyer, being an entrepreneur, no later than eight (8) days after delivery. Any defects or wrong goods delivered must be and can be reported in writing to Nikki.Amsterdam by the client/buyer, being a consumer, no later than one month after delivery.

Goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Use after detection of defects, damage after detection of defects, as well as encumbrance and/or resale after detection of defects, cancels this right to complain and return.

If complaints by the client/buyer are deemed founded by Nikki.Amsterdam, Nikki.Amsterdam will, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the client/buyer about compensation.

All claims are limited to the repair or replacement of (a part of) the products and do not include transport and administration costs. Nikki.Amsterdam is not liable for claims outside the warranty period or for any other claims or damages, including but not limited to claims for faulty design, negligent or misleading advice, incidental damage, consequential damage or injury to another person, entity or company.

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

The guarantee does not apply:

- if the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

- if the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;

- if the defect is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.

Nikki.Amsterdam is not responsible for damage resulting from the use of accessories other than those supplied by Nikki.Amsterdam (e.g. chargers etc).

Art. 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline 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 at the latest within 14 days after dissolution.

If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be 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 representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Art. 12 - Duration transactions: duration, termination and renewal

Termination

The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed-term, subject to agreed termination rules and a notice period not exceeding one month.

The consumer may amend the agreements mentioned in the previous paragraphs:

terminate at any time and not be limited to termination at a particular time or period;

always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a definite period of time and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time.

Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.

A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract relates to the regular, but less than once a month, delivery of daily or weekly newspapers and magazines.

A fixed-term contract for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Art. 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the operator.

In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Art. 14 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints on the performance of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has identified 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to dispute resolution.

For complaints, a consumer should first turn to the entrepreneur. If the webshop is a member of Stichting WebwinkelKeur and in case of complaints that cannot be solved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution cannot be found, the consumer has the option to have his/her complaint handled by the independent arbitration board appointed by Stichting WebwinkelKeur, the decision is binding and both the trader and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that have to be paid by the consumer to the committee in question. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing.

If a complaint is found valid by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.

Art. 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Art. 16 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Art. 17 - Promotion conditions

Participation in actions is free of charge.

Participation takes place when Nikki.Amsterdam has responded via social media or, if applicable, completed an entry form.

Participation in actions is only possible for persons aged 18 or over.

The duration of actions and when the winner(s) will be announced will always be mentioned in the social media post or on the form to be completed.

Discount codes can never be used in combination with other promotional products and/or discounted products.

Nikki.Amsterdam is at all times entitled to change the terms and conditions of the actions or to stop the actions without giving any reason.

Personal data of participants will not be released and provided to external parties without consultation, unless permission has been given to receive a newsletter from an external party.

Personal data of participants can be used internally for signing up for the Nikki.Amsterdam newsletter, if permission for this has been given in the action.

All actions are governed by Dutch law.

The winner of a promotion will be chosen by a draw in an impartial manner.

The winner of a promotion will be personally notified via the social media channel on which the promotion took place or via the e-mail address he or she provided.

If the winner does not report within a week of the announcement, a new winner will be selected.

Nikki.Amsterdam is authorised to exclude persons from participation if unlawful participation or fraud is suspected.

Participants who did not win a prize will not be notified.

It is not possible to exchange the won product for another product or amount of money.

No correspondence can be entered into on the outcome of actions.

Personal data will be provided to Nikki.Amsterdam and not to Facebook, Twitter, Instagram and/or Pinterest.

Nikki.Amsterdam may disclose personal information, such as name and place of residence, as part of a promotion, for example on the website and on social media.

Questions or comments can be emailed to service@nikki.amsterdam

Nikki.Amsterdam can at any time (partially) stop a promotion and decide not to award any prizes.

The Code of Conduct for Promotions of Games of Chance applies to promotions.

Promotions are in no way sponsored, endorsed or administered by Facebook, Twitter, Instagram and/or Pinterest, and they bear no liability to participants

Article 18 - Privacy

Nikki.Amsterdam respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise stated. This information will not be sold, shared or rented by Nikki.Amsterdam to third parties in any way other than as stated in this privacy statement.

Information from which the identity of an online visitor to the Nikki.Amsterdam website can be derived is provided voluntarily by the visitor. This information can be used within Nikki.Amsterdam (and all its subsidiaries and brands) with the aim of making visits to the website as simple and pleasant as possible. In addition, this information may be used for analysis and to provide information about Nikki.Amsterdam's product portfolio. The visitor gives explicit permission for this. Nikki.Amsterdam is entitled to disclose information about a visitor in special cases, when there is reason to believe that the disclosure of this information is necessary to identify, contact or bring legal action against someone who, whether intentionally or not, harms or damages the rights or property of Nikki.Amsterdam, other users of its website or others who may be harmed by it. Nikki.Amsterdam is entitled to release information about users when Nikki.Amsterdam in good faith believes that the law requires this.

Nikki.Amsterdam collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal information can be removed at the request of the online visitor as far as this does not require disproportionate effort or costs for Nikki.Amsterdam.

Article 19 - Intellectual property rights/secrecy

Unless explicitly agreed otherwise in writing, the full copyright and all other rights of intellectual and industrial property regarding the goods or services delivered by Nikki.Amsterdam, such as trademark rights, model rights, patent rights, database rights, etc., belong exclusively to Nikki.Amsterdam and/or its suppliers.

The parties undertake to take sufficient measures to ensure confidentiality with regard to each other's data of a confidential nature that they learn of in the execution of the agreement.

The website of Nikki.Amsterdam enjoys copyright protection. The website is meant for personal use or (internal) use by her clients. It is not allowed to multiply the website and its contents other than by downloading and viewing it on a single computer, and/or printing a single hardcopy. Without prior written permission from Nikki.Amsterdam it is not allowed to duplicate, transmit or make this website and its contents available on a network in any other way.