Terms and Conditions

 

General Terms and Conditions of Nostro

Article 1 – Definitions

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

  • Reflection Period: The period within which the consumer may exercise their right of withdrawal.

  • Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.

  • Day: Calendar day.

  • Continuing Performance Contract: A distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

  • Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

  • Right of Withdrawal: The consumer’s right to withdraw from the distance agreement within the reflection period.

  • Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.

  • Distance Agreement: An agreement concluded between the entrepreneur and the consumer under an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment the agreement is concluded.

  • Means of Distance Communication: Any means that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously present in the same space.

  • General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company Name: DropSolve
Trade Name: NOSTRO
Chamber of Commerce (KvK) Registration Number: 92939201
VAT Number: NL004987253B91
Customer Service Email: support@wearnostro.com
Business located in The Netherlands.

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 shall be made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance contract, it shall be stated that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be provided 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, the consumer shall be informed where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in case of conflicting terms, the consumer may 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 null and void, or annulled, the agreement and the remaining provisions of these terms and conditions shall remain in force, and the relevant provision shall be replaced in mutual consultation by a provision that approximates the purpose and intent of the original as closely as possible.

Situations not regulated in these general terms and conditions shall be assessed in accordance with the spirit of these terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these general terms and conditions shall likewise be interpreted in accordance with their spirit.

Article 4 – The Offer

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

All offers are non-binding. The entrepreneur reserves the right to modify or adjust the offer.

The offer shall include a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these shall be a true representation of the products and/or services offered. Apparent mistakes or errors in the offer shall not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to any claim for damages or termination of the agreement.

Images of products are a true reflection of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer shall contain information that clearly indicates to the consumer what rights and obligations are attached to the acceptance of the offer. This shall include, in particular:

  • The price, excluding customs clearance fees and import VAT. These additional costs shall be borne by and at the risk of the customer. The postal or courier service shall apply the special arrangement for postal and courier services with respect to importation into the EU destination country, where applicable. The postal or courier service shall collect VAT (and any customs clearance fees) from the recipient of the goods;

  • Any delivery costs;

  • The method by which the agreement will be concluded and the necessary actions thereto;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and execution of the agreement;

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

  • The rate of communication at a distance if such rate differs from the basic rate;

  • Whether the agreement will be archived after its conclusion, and if so, how it may be accessed by the consumer;

  • The manner in which the consumer, before concluding the agreement, can verify and, if desired, correct the information provided in connection with the agreement;

  • The available languages, in addition to Dutch, in which the agreement can be concluded;

  • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;

  • The minimum duration of the distance agreement in the case of a continuing performance contract;

  • Optional: available sizes, colors, and materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the associated conditions.

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

If the agreement 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 is able to pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may, within the bounds of the law, obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, the entrepreneur is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.

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

  • The physical address of the entrepreneur’s establishment where the consumer can submit complaints;

  • The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  • Information concerning guarantees and existing after-sales service;

  • The information referred to in Article 4, paragraph 3 of these conditions, unless such information has already been provided to the consumer prior to execution of the agreement;

  • The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph shall apply only to the first delivery.

Every agreement is entered into subject to the condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without stating any reason within 30 days. This reflection period commences on the day after the consumer, or a third party previously designated by the consumer and not being the carrier, has received the product.

During the reflection period, the consumer shall handle the product and its packaging with due care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and—if reasonably possible—in its 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 the right of withdrawal, they are required to notify the entrepreneur within 30 days after receiving the product. Notification shall be made in writing or by email. After the consumer has indicated the intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the goods have been returned on time, such as by providing proof of shipment. This may include direct return to our supplier in China.

If, after the expiration of the periods specified in paragraphs 2 and 3, the consumer has not notified the entrepreneur of the intention to exercise the right of withdrawal, or has not returned the product, the purchase shall be deemed final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, all costs associated with returning the products shall be borne entirely by the consumer. This includes potential costs related to returning the item to the country of origin—specifically, our supplier in China.

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the returned product has been received by the entrepreneur or conclusive proof of complete return has been supplied by the consumer.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if this has been clearly stated in the offer or at least in good time prior to the conclusion of the agreement.

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

  • that have been produced by the entrepreneur according to the consumer’s specifications;

  • that are clearly of a personal nature;

  • that, by their nature, cannot be returned;

  • that can deteriorate or expire rapidly;

  • whose prices depend on fluctuations in the financial market over which the entrepreneur has no influence;

  • for individual newspapers and magazines;

  • for audio and video recordings and computer software of which the consumer has broken the seal;

  • for hygienic products of which the consumer has broken the seal.

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

  • relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

  • for which performance has begun with the explicit consent of the consumer before the reflection period has expired;

  • relating to betting and lotteries.

Article 9 – Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from amendments in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are target prices shall be indicated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from three months after the conclusion of the agreement are only permitted if:

  • they result from statutory regulations or provisions, or

  • the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

The place of delivery, in accordance with Article 5(1) of the Dutch VAT Act 1968, shall be the country where transportation commences. In the present case, delivery takes place outside the EU. Consequently, import VAT and/or customs clearance costs shall be charged to the purchaser by the postal or courier service, and no VAT shall be charged by the entrepreneur.

All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of such errors. In the event of a printing or typographical error, 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 stated in the offer, reasonable standards of soundness and/or usability, and applicable legal provisions and/or government regulations in effect on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period 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 has had them repaired and/or modified by third parties;

  • the delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the entrepreneur’s instructions or those stated on the packaging;

  • the defect is wholly or partly the result of regulations prescribed or to be prescribed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing orders for products.

The place of delivery shall be the address provided by the consumer to the entrepreneur.

Subject to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders with due diligence and at the latest within 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be notified within 30 days after placing the order. In such a case, the consumer shall have the right to dissolve the agreement free of charge and shall be entitled to a refund.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. Upon delivery, it shall be clearly stated that a replacement item is being provided. In the case of replacement items, the right of withdrawal cannot be excluded. The cost 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 known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement entered into for an indefinite period and which provides for 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 period and which provides for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may:

  • terminate such agreements at any time and not be restricted to termination at a specific time or during a specific period;

  • at least terminate them in the same manner as they were entered into;

  • always terminate them with the same notice period that the entrepreneur has stipulated for themselves.

Renewal
An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

By way of exception, an agreement entered into for a fixed period and which provides for the regular delivery of daily, news, and weekly newspapers or magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of an agreement for the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

A limited-term agreement for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate after the end of 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 prevent termination before the end of the agreed duration.

Article 13 – Payment

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

The consumer has the duty to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that were communicated in advance.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur shall be answered within 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 30 days with an acknowledgment of receipt and an indication of when the consumer may expect a more detailed response.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.

Any disputes arising from or in connection with these agreements shall be submitted exclusively to the competent court in the Netherlands.

WHO IS NOSTRO

NOSTRO. is an independent brand that stands for style, strength, and endurance. We combine minimalist design with premium materials to create clothing that transcends trend designed to last, season after season. Our designs remind us that with focus and willpower, no goal is out of reach.