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General terms and conditions

Article 1 - Definitions

1. Nashwa: Nashwa, established in Amsterdam, Chamber of Commerce number 91981972.
2. Customer: the person with whom Nashwa has entered into an agreement.
3. Parties: Nashwa and Customer together.
4. Consumer: a Customer who is also an individual and who acts as a private person.

 Article 2 - Applicability
1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Nashwa.
2. Nashwa and the Customer may only deviate from these conditions if this has been agreed in writing.
3. Nashwa and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.
4. Accepting offers or placing orders on the Nashwa website means that the applicability of these General Terms and Conditions is accepted.
5. Changes to the Agreement entered into or these General Terms and Conditions are only valid if and from the moment they have been confirmed in writing by Nashwa. Verbal agreements or commitments by Nashwa are only binding after they have been confirmed in writing by Nashwa.
6. If and to the extent that any provision of the General Terms and Conditions is declared null and void or is annulled, the other provisions of the General Terms and Conditions will remain in full force.
7. Nashwa will make every effort to execute the Agreement carefully and properly, in accordance with the agreements made in writing with the customer.
8. Obvious (typographical) errors and mistakes on the website and/or in the confirmation email do not bind Nashwa.
9. Customer shall report changes in address and other personal data to Nashwa.nl no later than fourteen (14) days before the change takes effect. All consequences resulting from failure to report (address) changes in a timely manner shall be entirely at the expense and risk of the customer.

Article 3 - Prices
 1. Nashwa uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
2. Nashwa may always change the prices of its services and products on its website and in other expressions.
3. Increases in the cost prices of products or parts thereof, which Nashwa could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
4. The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a statutory regulation.
5. All offers from Nashwa, as well as the prices, fees and terms stated by Nashwa, are without obligation, unless expressly stated otherwise.
6. The customer guarantees that the information provided by him or her in the application to Nashwa is correct and complete.
7. All prices and rates mentioned on the Nashwa website and mailings are subject to price changes, programming and typing errors.

Article 4 - Samples and models
 1. If the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article 5 - Payments and payment terms
 1. Unless otherwise agreed, payment of the price due by the customer to Nashwa will take place by means of a payment via online payment order. Nashwa may change the payment conditions if Nashwa believes that the financial position or payment behaviour of the customer or the nature of the relationship with the customer gives reason to do so.

Article 6 - Right of complaint
 1. If the Customer is in default, Nashwa may invoke the right of complaint with regard to the unpaid products delivered to the Customer.
2. Nashwa exercises its right of complaint by means of a written or electronic communication to the Customer.
3. Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to Nashwa, unless otherwise agreed in writing.
4. The Customer shall pay the costs of retrieving or returning the products referred to in paragraph 3.

Article 7 - Right of withdrawal
 1. After the customer has received the ordered products, he can revoke the underlying agreement with Nashwa, without giving any reason, during a reflection period of fourteen (14) days after receipt of the products.
2. This period commences on the day on which the consumer or a third party designated by the consumer, other than the carrier, takes physical possession of the goods.
3. During the cooling-off period, the customer will handle the product and its packaging with care.
• the product is returned in the original packaging and with the seal intact
• the product has not yet been used
4. The customer is liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in the previous paragraph.
5. If the customer wishes to return the item, the costs are for the customer and he bears full responsibility.
6. Nashwa reserves the right to reimburse only the residual value of returned products if the products have been damaged or otherwise depreciated at the risk of or through the fault of the customer as a result of handling the goods beyond what was necessary to determine the nature, characteristics and functioning of the goods.
7. Products whose seal has been broken may not be returned for reasons of health protection and hygiene.



Article 8 - Right of retention
1. Nashwa may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices of Nashwa, unless the Customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements under which the Customer still has to pay money to Nashwa.
3. Nashwa is not liable for any damage suffered by the Customer due to the use of its right of retention.

Article 9 - Retention of title
 1. Nashwa shall retain ownership of all delivered products until the Customer has paid all outstanding invoices from Nashwa relating to an underlying agreement, including claims arising from failure to perform.
2. Until that time in paragraph 1, Nashwa may exercise its retention of title and take back the goods.
3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the products.
4. If Nashwa exercises its right of retention of title, the agreement will be terminated and Nashwa may claim damages and lost profits from the Customer.

Article 10 - Delivery
 1. Delivery will take place while stocks last.
2. Delivery will take place at Nashwa, unless otherwise agreed.
3. Delivery of products ordered online will take place at the address specified by the Customer.
4. If the Customer fails to pay the agreed amounts or fails to pay them on time, Nashwa may suspend its obligations until the Customer pays.
5. In the event of late payment, the creditor is in default, meaning that the Customer cannot object to late delivery to Nashwa.

Article 11 - Delivery time
1. Nashwa's delivery times are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time commences when the Customer has fully completed the ordering process and has received confirmation from Nashwa.
3. The Customer will not receive any compensation and may not cancel the agreement if Nashwa delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Nashwa cannot deliver within 14 days, after having been reminded in writing or the Customer and Nashwa have agreed otherwise.

Article 12 - Actual delivery
1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 13 - Transport costs
1. The Customer shall pay the costs of transportation, unless the Customer and Nashwa have agreed otherwise in writing.

Article 14 - Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the Customer must have a note made of this by the carrier before receiving the product. If the Customer does not do this, he cannot hold Nashwa liable for any damage.
2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Nashwa prior to transport. If the Customer fails to do so, he cannot hold Nashwa liable for any damage.

Article 15 - Storage
1. If the Customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
2. Any additional costs resulting from premature or late collection of products will be borne entirely by the Customer.

Article 16 - Warranty
 1. The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials.
2. The warranty does not apply:
- in the event of normal wear and tear
- for damage caused by accidents
- for damage caused by changes made to the product
- for damage caused by negligence or improper use by the Customer
- when the cause of the defect cannot be clearly determined
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the Customer at the time when they are legally and/or actually delivered, or at least come into the possession of the Customer or of a third party who receives the product on behalf of the Customer.
4. 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 himself and/or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;
  • The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used. 

Article 17 - Exchange
1. The Customer may exchange a purchased item. The following conditions apply:
•exchanges take place within 14 days after purchase, provided the Customer can show the original invoice
• the product is returned in the original packaging and with the seal intact
• the product has not yet been used
2. Discounted items, perishable products, custom-made items or items specially adapted for the Customer cannot be exchanged.

Article 18 - Indemnification
1. The Customer shall indemnify Nashwa against all claims from others relating to the products and/or services supplied by Nashwa.

Article 19 - Complaints
 1. The Customer must examine a product or service provided by Nashwa as soon as possible for any deficiencies.
2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Nashwa of this within 14 days of receiving the product.
3. The Customer shall provide as detailed a description as possible of the shortcoming, so that Nashwa can respond appropriately.
4. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Nashwa.
5. If a complaint concerns ongoing work, the Customer cannot demand that Nashwa perform work other than that agreed upon.

Article 20 - Notice of default
1. The Customer must notify Nashwa in writing of any notice of default.
2. The Customer is responsible for ensuring that his notice of default actually reaches Nashwa on time.

Article 21 - Customer Liability
1. When Nashwa enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the agreements in that agreement.

Article 22 - Liability of Nashwa
1. Nashwa is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
2. If Nashwa is liable for damages, this only applies to direct damages related to the performance of an underlying agreement.
3. Nashwa is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.
4. If Nashwa is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance. If no insurance is concluded or no amount of damages is paid out, then the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and cannot lead to any compensation, dissolution or suspension.

Article 23 - Expiry period
1. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Nashwa of this within 14 days of receiving the product.

Article 24 - Dissolution
1. The Customer may cancel the agreement if Nashwa is culpably in breach of its obligations, unless this breach does not justify termination due to its special nature or minor significance.
2. If Nashwa is still able to fulfil its obligations, dissolution can only take place after Nashwa is in default.
3. Nashwa may cancel the agreement with the Customer if the Customer does not fully or timely fulfil his obligations under the agreement, or if Nashwa has become aware of circumstances that give it good reason to assume that the Customer will not fulfil his obligations.

Article 25 - Force Majeure
1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Nashwa by the Customer cannot be attributed to Nashwa in the event of force majeure.
2. The force majeure situation in paragraph 1 also includes, among other things:
- an emergency such as a civil war or natural disaster
- default or force majeure of suppliers, deliverers or others
- power, electricity, internet, computer or telecom outages
- computer viruses
- strikes
- government measures
- transportation problems
- bad weather conditions
- work stoppages
3. If a force majeure situation occurs as a result of which Nashwa is unable to fulfil one or more obligations to the Customer, those obligations will be suspended until Nashwa is able to fulfil them.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Customer and Nashwa may cancel the agreement in writing in whole or in part.
5. In the event of force majeure, Nashwa is not required to pay any compensation to the Customer, even if Nashwa benefits from this.

Article 26 - Amendment of agreement
1. If it is necessary to change a concluded agreement for its execution, the Customer and Nashwa may adjust the agreement.

Article 27 - Amendment of general terms and conditions
1. Nashwa may change these terms and conditions.
2. Nashwa may always implement changes of minor importance.
3. Nashwa will discuss major changes with the Customer in advance as much as possible.
4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 28 - Transfer of rights
1. The Customer may not transfer any rights under an agreement with Nashwa to others without the written consent of Nashwa.
2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 29 - Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Nashwa had in mind when drawing up the conditions on that point.

Article 30 - Applicable law and competent court
1. These general terms and conditions and any underlying agreement between the Customer and Nashwa are governed by Dutch law.
2. The court in the district of Nashwa's place of business has exclusive jurisdiction to hear any disputes between the Customer and Nashwa, unless the law provides otherwise.

Created on December 1, 2023.

Nashwa
Vlakkerweg 7, 1033AR
Amsterdam, Netherlands
contact@nashwa.nl
KVK: 91981972