Terms and Conditions - Novus Fumus

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these items are delivered by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
2. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a specific period;
7. Durable medium: any instrument – including e-mail – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to waive the distance agreement within the withdrawal period;
9. Entrepreneur: Novus Fumus;
10. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to the conclusion of the agreement.

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement 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 agreement is concluded how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

Article 4 - The Offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Images are a true representation of the products offered.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and complies with the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.
3. The entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment.

Article 6 - Right of Withdrawal

1. The consumer can dissolve an agreement regarding the purchase of a product during a withdrawal period of at least 14 days without giving reasons.
2. The withdrawal period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product.

Article 7 - Obligations of the Consumer During the Withdrawal Period

1. During the withdrawal period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product.
2. The basic principle is that the consumer may only handle and inspect the product as he would be allowed to do in a physical shop.
3. The consumer is only liable for a reduction in the value of the product that is the result of handling the product beyond what is permitted in paragraph 1.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs

1. If the consumer makes use of his right of withdrawal, he shall report this to the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back.
3. The consumer shall bear the direct costs of returning the product.

Article 9 - Obligations of the Entrepreneur in the Event of Withdrawal

1. The entrepreneur shall reimburse all payments from the consumer, including any delivery costs, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal.
2. The entrepreneur shall use the same means of payment that the consumer used for the reimbursement, unless the consumer agrees to a different method.

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the following products from the right of withdrawal:

1. Products that spoil quickly or have a limited shelf life (such as fresh truffles, grow kits).
2. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery (such as vapes, e-liquids, seeds).
3. Products manufactured according to the consumer's specifications that are not prefabricated.

Article 11 - The Price

1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.
2. The prices mentioned in the offer are inclusive of VAT.

Article 12 - Compliance with the Agreement and Extra Warranty

1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, and the reasonable requirements of reliability and/or usability.
2. An extra warranty provided by the entrepreneur never limits the legal rights and claims that the consumer can assert against the entrepreneur.

Article 13 - Delivery and Execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. The entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed upon.
4. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer.

Article 14 - Duration Transactions: Duration, Cancellation and Extension

1. The consumer can cancel an agreement entered into for an indefinite period at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
2. A fixed-term agreement may not be tacitly extended or renewed for a specific duration.

Article 15 - Payment

1. Unless otherwise provided in the agreement, the amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period.
2. The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur immediately.
3. If the consumer does not meet his payment obligation(s) in time, the entrepreneur is entitled to charge statutory interest and collection costs.

Article 16 - Complaints Procedure

1. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.

Article 17 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 18 - Additional or Deviating Provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded in writing.

Article 19 - Ordering at Own Risk for International Shipping