General terms and conditions

Article 1 – Definitions
The following definitions apply to these terms and conditions:

  • 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 enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Duration transaction: a distance contract regarding a series of products and/or services, the delivery and/or performance obligation of which is spread over time;
  • Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unchanged reproduction of the stored information.
  • Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
  • Distance contract: a contract in which, as part of an organized system for the distance sale of products and/or services by the entrepreneur, use is made exclusively of one or more techniques for remote communication up to and including the conclusion of the contract;
  • Remote communication technique: means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same space.
  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur
Business name: NF Universal holdings
KVK number: 92015573
Trade name: NF Universal holdings
VAT number: NL004931823B90
Customer service email: info@gentletouchlondon.com
Business address: Nedersticht 294, 1083XG Amsterdam.

Article 3 – Applicability
These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order between the entrepreneur and the 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, it will be indicated before the conclusion of the distance contract that the general terms and conditions can be reviewed at the entrepreneur’s location and will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, in deviation from the previous section, and before the contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that it can easily be stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the consumer can access the general terms and conditions electronically and that they will be sent to the consumer free of charge upon request.
If specific product or service conditions also apply alongside these general terms and conditions, the second and third sections shall apply accordingly, and in case of conflicting terms, the consumer may always rely on the provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time fully or partially nullified or canceled, the agreement and these terms and conditions will remain in effect, and the relevant provision will be replaced in mutual consultation by a provision that most closely approximates the intent of the original provision.
Situations not covered by these general terms and conditions must be assessed "in the spirit" of these terms and conditions.
Any uncertainties about the interpretation or content of one or more provisions of our terms must be explained "in the spirit" of these general terms and conditions.

Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to make an informed decision about the offer. If the entrepreneur uses images, these will be an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or cancellation of the contract.
Images of products are an accurate representation of the offered products. The entrepreneur cannot guarantee that the displayed colors match exactly with the actual colors of the products.
Each offer contains sufficient information for the consumer to understand their rights and obligations related to accepting the offer. This includes, in particular:

  • the price, excluding customs clearance costs and import VAT, which will be the responsibility of the customer;
  • any shipping costs;
  • the manner in which the contract will be concluded and which actions are required;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the contract;
  • the period within which the offer can be accepted, or the period within which the entrepreneur guarantees the price;
  • the communication costs if the remote communication technique is charged differently from the standard rate of the communication medium used;
  • whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer;
  • the way the consumer can verify and, if desired, correct the data they provided for the contract before concluding it;
  • the other languages in which, besides Dutch, the contract can be concluded;
  • the codes of conduct the entrepreneur adheres to and how the consumer can access these codes electronically; and
  • the minimum duration of the distance contract in the case of a duration transaction.
    Optionally: available sizes, colors, types of materials.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions of Section 4, at the moment the consumer accepts the offer and complies with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal boundaries, inquire whether the consumer can meet their payment obligations and be aware of any factors that are relevant to responsibly entering into the distance contract. If the entrepreneur has reasonable grounds to believe the contract should not be concluded, they are entitled to refuse an order or application, or attach special conditions to its execution.
The entrepreneur will provide the following information with the product or service in writing or in a way that can be easily stored by the consumer on a durable data carrier:

  • the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
  • the conditions and method of exercising the right of withdrawal, or a clear notification that the right of withdrawal does not apply;
  • information on warranties and existing after-sales service;
  • the details mentioned in Section 4, unless the entrepreneur has already provided this information before the agreement was executed;
  • the requirements for canceling the agreement if it lasts for more than one year or is for an indefinite period.
    In the case of a duration transaction, the provision in the previous section only applies to the first delivery.
    Every agreement is concluded under the condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to cancel the agreement within 30 days without providing any reason. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer, known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging carefully. The product should only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If they exercise their right of withdrawal, they will return the product, including all provided accessories, and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
To exercise the right of withdrawal, the consumer must inform the entrepreneur within 30 days after receiving the product, in writing or by email. After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must prove that the goods were returned in time to the origin location. This could also be directly to the supplier in China. The customer can provide proof of shipment as evidence.
If the customer fails to notify the entrepreneur within the specified timeframes or does not return the product, the sale becomes final

Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are entirely at the consumer’s expense. Please note that this also includes the costs of returning to the country of origin, which is our supplier in China.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. However, this is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the 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 only applies 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:

  • Made by the entrepreneur according to the consumer’s specifications;
  • Clearly personal in nature;
  • Which by their nature cannot be returned;
  • Which can spoil or age quickly;
  • Whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
  • For individual newspapers and magazines;
  • For audio and video recordings and computer software if the consumer has broken the seal;
  • For hygiene products if the consumer has broken the seal.

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

  • Regarding accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
  • Whose delivery has explicitly begun with the consumer’s consent before the cooling-off period has expired;
  • Regarding bets and lotteries.

Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not increase, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if their prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependency on fluctuations and the fact that the prices mentioned are indicative will be stated in the offer.
Price increases within 3 months after the agreement has been concluded are only allowed if they are the result of statutory regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

  • They are the result of statutory regulations or provisions; or
  • The consumer has the right to terminate the agreement starting from the day the price increase takes effect.

The place of delivery, based on Article 5, paragraph 1, of the Dutch Value Added Tax Act of 1968, is the country where the transportation starts. In this case, the delivery takes place outside the EU. As a result, import VAT and/or customs fees will be charged by the postal or courier service to the consumer. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In the event of printing or 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 listed in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations existing at the time the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims that the consumer may assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days after delivery. Products must be returned in their original packaging and in new condition.
The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual use 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 altered the delivered products themselves or had them repaired or altered by third parties;
  • The delivered products have been exposed to abnormal conditions or have been treated carelessly, or contrary to the instructions of the entrepreneur and/or as indicated on the packaging;
  • The defect is wholly or partly the result of regulations that the government has or will impose regarding the nature or quality of the applied materials.

Article 11 – Delivery and Performance
The entrepreneur will take the utmost care when receiving and executing orders for products.
The delivery address is the address the consumer has communicated to the company.
Subject to the provisions of Article 4 of these terms and conditions, the company will execute accepted orders promptly, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fully or partially fulfilled, the consumer will be informed within 30 days after placing the order. In this case, the consumer has the right to cancel the agreement without incurring any costs and is entitled to any damages.
In the event of cancellation as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after the cancellation.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement product available. No later than at the time of delivery, the consumer will be informed in a clear and understandable manner that a replacement product is being delivered. For replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment will be at the entrepreneur’s expense.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a previously designated and communicated representative, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery 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 an agreement entered into for a fixed term, which involves the regular delivery of products (including electricity) or services, at any time before the end of the specified term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:

  • At any time, and is not restricted to termination at a specific time or during a specific period;
  • At least in the same way as they were entered into;
  • Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
An agreement entered into for a fixed term, which involves the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed period.
An agreement entered into for a fixed term, which involves the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly renewed for a maximum period of three months, provided the consumer can cancel this renewed agreement before the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed term, which involves the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month, and a maximum notice period of three months if the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement for a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the obligation to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted in full and clearly described to the entrepreneur within 7 days after the consumer has noticed the defects.
Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 30-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 the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be valid by the entrepreneur, they will, at their discretion, replace or repair the delivered products at no cost.

Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these terms and conditions apply, even if the consumer resides abroad.

 

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