Terms and Conditions

Terms and Conditions

This website is operated by Fourty Rule. Throughout the site, the terms "we", "us", "our", and "the entrepreneur" refer to Fourty Rule. Fourty Rule offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may 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: November 1, 2024;

Ongoing 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 that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

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

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

Distance contract: an agreement concluded in the context of a system organized by the entrepreneur for distance sales of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;

Means of distance communication: a method that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time.

Terms and Conditions: these General Terms and Conditions of the entrepreneur.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Email address: nuvoramodehaus@gmail.com
Chamber of Commerce number: 95390057
VAT Identification Number: NL005148699B40

ARTICLE 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 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 distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph, 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 medium.

If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer's 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 accordingly, and in the event of conflicting terms, the consumer can always rely on the applicable provision that is most favorable to them.

If one or more provisions of 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 effect, and the relevant provision shall be replaced without delay by mutual agreement with a provision that closely approximates the intent of the original provision.

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

Uncertainties regarding the interpretation or content of one or more provisions of our general 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 period of validity or is made subject to conditions, this shall be explicitly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to change or modify the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or obvious 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 dissolution of the agreement.

The images of the 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 sufficient information so that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:

the price, excluding customs clearance fees and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services related to imports. This regulation applies when goods are imported into the destination country of the EU, which is the case here. The postal and/or courier service will collect VAT (possibly along with customs clearance fees) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for this;
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 tariff for distance communication if the costs of using the communication technique are calculated on a basis other than the regular base rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
the way the consumer can, before concluding the contract, check and if desired, correct the data provided by them under the agreement;
any other languages besides Dutch in which the agreement may be concluded;
the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, and types of materials.

ARTICLE 5 – THE CONTRACT

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

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

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

The entrepreneur may, within the legal framework, gather information on whether the consumer can meet their payment obligations, as well as on facts and factors important for responsibly concluding the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to its execution, stating the reasons.

The entrepreneur will provide the consumer with the following information, in writing or in a way that can be stored by the consumer on a durable medium, along with the product or service:

the contact address of the entrepreneur's business location where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales services;
the information referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this information before concluding the contract;
the conditions for terminating the agreement if the contract has a duration of more than one year or is of indefinite duration.

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

Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within a period of 14 days. This cooling-off period starts the day after the consumer, or a representative designated in advance by the consumer and notified to the entrepreneur, has received the product.

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do this through a written statement or by email. After indicating their intention to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example by a shipping receipt.

If the consumer has not expressed their intention to use the right of withdrawal or has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase is final.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the costs for returning the products are at their own 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 withdrawal. The refund will only be made once the entrepreneur has received the returned goods or the consumer has provided conclusive evidence of the return.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur can exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur clearly stated this in the offer, at least before the conclusion of the agreement.

An exclusion of the right of withdrawal is only possible for products:

that have been made to the consumer’s specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that 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 whose seal has been broken by the consumer;
for hygiene products whose seal has been broken by the consumer.

An exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transportation, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
which have been fully performed with the consumer’s explicit consent before the cooling-off period has expired;
related to betting and lotteries.

ARTICLE 9 – THE PRICE

We reserve the right to change the prices of the products and/or services offered during the validity period stated in the offer, including as a result of changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market beyond the entrepreneur’s control. The fact that prices are subject to fluctuations and that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

they result from statutory regulations or provisions; or
the consumer is entitled to terminate the agreement as of the date the price increase takes effect.

Under Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where transport begins. In this case, the delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT or clearance fees from the customer. Consequently, the entrepreneur does not charge VAT.

All prices are subject to printing errors. No liability is accepted for the consequences of printing and typographical errors. In the event 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 contract, the specifications stated in the offer, the reasonable requirements of usability and/or reliability, and the legal provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any 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.

Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 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 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 warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or packaging;
the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

ARTICLE 11 – PERSONAL INFORMATION

The submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy for more information.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ARTICLE 13 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.