Terms and Conditions

Article 5 - Right of Withdrawal

1. The consumer may dissolve an agreement regarding the purchase of a product within a cooling-off period of at least 14 (fourteen) days without stating reasons. Novaqua may ask the consumer for the reason for withdrawal, but the consumer is not obliged to provide their reasons.

2. The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product, or:

   • If the consumer ordered multiple products in one order: the day on which the consumer or a designated third party receives the final product, provided Novaqua has informed the consumer clearly in advance about a potential different delivery time.
   • If the delivery consists of various shipments or parts: the day on which the consumer or a designated third party receives the last shipment or part.
   • For regular delivery of products over a specified period: the day on which the consumer or a designated third party receives the first product.

For services and digital content not delivered on a physical medium:

3. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a physical medium within 14 days without giving reasons. Novaqua may ask the consumer for the reason for withdrawal but may not require them to state it.

4. The cooling-off period mentioned in paragraph 3 starts the day after the agreement is concluded.

Extended cooling-off period for products, services, and digital content not provided on a physical medium in case of non-information on the right of withdrawal:

5. If Novaqua has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire 12 months after the original cooling-off period determined in accordance with the previous paragraphs of this article.

6. If Novaqua has provided the information referred to in the previous paragraph within 12 months after the original start date of the cooling-off period, the cooling-off period expires 14 days after the day the consumer received this information.

Article 6 - Obligations of the Consumer During the Cooling-Off Period

1. During the cooling-off period, the consumer will handle the product and its packaging carefully. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

2. The consumer is only liable for the depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

3. The consumer is not liable for depreciation of the product if Novaqua has not provided them with all legally required information on the right of withdrawal prior to or at the conclusion of the agreement.

Article 7 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

1. If the consumer exercises their right of withdrawal, they will report this to Novaqua within the cooling-off period via the model withdrawal form or another unambiguous statement.

2. The consumer will return the product or hand it over to (an authorized representative of) Novaqua as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1. This is not required if Novaqua has offered to collect the product itself. The consumer has met the return deadline if they send the product before the cooling-off period has expired.

3. The consumer returns the product with all accessories supplied, in its original condition and packaging, if reasonably possible, in accordance with Novaqua’s reasonable and clear instructions.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal rest with the consumer.

5. The consumer bears the direct costs of returning the product unless Novaqua has not stated that the consumer must bear these costs, or if Novaqua has offered to bear the costs itself.

6. The consumer does not bear any costs for the total or partial delivery of digital content not supplied on a physical medium if:

   • They have not expressly agreed to start performance of the agreement before the end of the cooling-off period.
   • They have not acknowledged losing their right of withdrawal when giving their consent.
   • Novaqua has failed to confirm this statement from the consumer.

7. If the consumer exercises their right of withdrawal, all supplementary agreements are terminated by operation of law.

Article 8 - Obligations of Novaqua in Case of Withdrawal

1. If Novaqua enables electronic notification of withdrawal by the consumer, it will send an acknowledgment of receipt without delay upon receiving such notification.

2. Novaqua will reimburse all payments made by the consumer, including any delivery charges imposed by Novaqua for the returned product, promptly but no later than 14 (fourteen) days following the day on which the consumer notifies them of the withdrawal. Unless Novaqua offers to collect the product itself, it may wait until it has received the product or the consumer has proven they have returned the product, whichever comes first.

3. Novaqua will use the same payment method for the reimbursement as the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

4. If the consumer chose a more expensive delivery method than the cheapest standard delivery, Novaqua does not have to refund the additional costs for the more expensive method.

Article 9 - Exclusion of the Right of Withdrawal

Novaqua may exclude the following products and services from the right of withdrawal, but only if it has stated this clearly in the offer, or at least in a timely manner before concluding the agreement:

1. Products or services whose price depends on fluctuations in the financial market beyond Novaqua's control, which may occur within the withdrawal period.

2. Agreements concluded at a public auction. A public auction is defined as a sales method where Novaqua offers products, digital content, and/or services to the consumer personally present or given the option to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content, and/or services.

3. Service agreements after full performance of the service, but only if:

   • Performance has begun with the consumer’s explicit prior consent; and
   • The consumer has acknowledged that they lose their right of withdrawal once Novaqua has fully performed the agreement.

4. Service agreements for the provision of accommodation, if a specific date or period of performance is agreed upon and the service is not for residential purposes, goods transportation, car rental, or catering.

5. Agreements related to leisure activities, if a specific date or period for performance is provided in the agreement.

6. Products manufactured according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or are clearly intended for a specific person.

7. Products that spoil quickly or have a limited shelf life.

8. Sealed products that are unsuitable for return for health or hygiene reasons and whose seal has been broken after delivery.

9. Products that are inseparably mixed with other items after delivery by their nature.

10. Alcoholic beverages for which the price was agreed upon at the time of concluding the agreement, but whose delivery can only occur after 30 days, and whose actual value depends on market fluctuations beyond Novaqua’s control.

11. Sealed audio, video recordings, and computer software whose seal has been broken after delivery.

12. Newspapers, periodicals, or magazines, except for subscriptions to them.

13. Delivery of digital content other than on a physical medium, but only if:

    • Performance has started with the consumer’s explicit prior consent; and
    • The consumer has acknowledged that they lose their right of withdrawal by giving consent.

Article 10 - The Price

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

2. Contrary to the previous paragraph, Novaqua may offer products or services with variable prices, which are subject to fluctuations in the financial market over which Novaqua has no control. This dependency on fluctuations and the fact that any listed prices are target prices will be stated in the offer.

3. Price increases within 3 months of the agreement being concluded are only allowed if they result from statutory regulations or provisions.

4. Price increases from 3 months after the agreement has been concluded are only allowed if Novaqua has stipulated this and:

   • They result from statutory regulations or provisions; or
   • The consumer has the right to terminate the agreement with effect from the date the price increase takes effect.

5. The place of delivery, based on Article 5, first paragraph, of the Turnover Tax Act 1968, is in the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, the post or courier service will collect import VAT and/or customs clearance fees from the recipient, so no VAT will be charged by the entrepreneur.

6. All prices are subject to printing and typographical errors. Novaqua 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.

7. Any special customs clearance costs and/or import duties are not included in the price and are the customer’s responsibility.

Article 11 - Compliance with the Agreement and Additional Guarantee

1. Novaqua ensures that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable requirements of reliability and/or usability, and legal provisions and/or government regulations applicable on the date the agreement was concluded. If agreed, Novaqua also ensures that the product is suitable for uses other than normal use.

2. Any additional guarantee provided by Novaqua, its supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer can assert against Novaqua under the agreement if Novaqua has failed to fulfill its part of the agreement.

3. An additional guarantee is understood to mean any commitment by Novaqua, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally required to do in the event of non-performance of its part of the agreement.

Article 12 - Delivery and Execution

1. Novaqua will exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.

2. The delivery address is the address that the consumer has made known to Novaqua.

3. Subject to what is stated in Article 4 of these terms and conditions, Novaqua will execute accepted orders with due speed but no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without cost and may be entitled to compensation.

4. After termination in accordance with the previous paragraph, Novaqua will refund the amount paid by the consumer without delay.

5. The risk of damage and/or loss of products rests with Novaqua until delivery to the consumer or a representative predesignated by the consumer and made known to Novaqua unless otherwise expressly agreed.

Article 13 - Duration Transactions: Duration, Termination, and Renewal

Termination:

1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services at any time, observing the agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate an agreement concluded for a fixed term that extends to the regular delivery of products or services at any time by the end of the specified term, observing the agreed termination rules and a notice period of no more than one month.

3. The consumer may terminate the agreements mentioned in the previous paragraphs:

   • At any time and without limitation to termination at a specific time or in a particular period;
   • At least in the same manner as they were entered into by the consumer;
   • Always with the same notice period as Novaqua has stipulated for itself.

Renewal:

4. An agreement entered into for a fixed term that extends to the regular delivery of products or services may not be tacitly renewed or extended for a specified period.

5. Contrary to the previous paragraph, an agreement entered into for a fixed term may be tacitly renewed for a specified period of no more than three months, if the consumer can terminate this renewed agreement by the end of the renewal period with a notice period of no more than one month.

6. An agreement entered into for a fixed term that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month.

Duration:

7. If an agreement has a term of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless termination before the end of the agreed duration would be unreasonable and unfair.

Article 14 - Payment

1. Unless otherwise specified in the agreement or additional conditions, amounts due by the consumer must be paid within 14 (fourteen) days of the start of the cooling-off period or, in the absence of a cooling-off period, within 14 (fourteen) days after concluding the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.

2. When selling products to consumers, the consumer may never be required in the terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer may not assert any rights regarding the execution of the relevant order(s) or service(s) until the agreed advance payment has been made.

3. The consumer is obliged to immediately report any inaccuracies in payment information provided or mentioned to Novaqua.

4. If the consumer does not meet their payment obligation(s) on time, after being informed by Novaqua of the late payment and being granted a period of 14 (fourteen) days to fulfill their payment obligations, they are liable to pay statutory interest on the amount owed if they do not fulfill the payment within this 14-day period. Novaqua is also entitled to charge the extrajudicial collection costs incurred. These collection costs are capped at 15% on outstanding amounts up to €2,500, 10% on the next €2,500, and 5% on the following €5,000, with a minimum of €40. Novaqua may deviate from these amounts and percentages in favor of the consumer.

Article 15 - Information

We are a young and enthusiastic team focused on offering a wide range of products at competitive prices. Our mission is to provide you with a great online shopping experience, allowing you to quickly and efficiently find what you are looking for.

Company Info: (available upon request)

Our webshop offers a variety of products, from fashion and beauty to electronics and household items. Our products are carefully selected and updated to ensure you can always find the latest trends and must-haves.

Article 16 - Complaints Procedure

1. Novaqua has an adequately publicized complaints procedure and handles complaints in accordance with this procedure.

2. Complaints about the execution of the agreement must be submitted to Novaqua fully and clearly described within a reasonable time after the consumer has identified the defects.

3. Novaqua will respond to complaints within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a longer processing time, Novaqua will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

4. If your complaint has not been addressed elsewhere, you are free to submit your complaint via the European Union's dispute resolution platform. Here is a link to the ODR platform: http://ec.europa.eu/odr

Article 17 - Disputes

1. Only Dutch law applies to agreements between Novaqua and the consumer to which these general terms and conditions apply.

2. All disputes arising from or in connection with the agreement and/or these general terms and conditions will be submitted to the competent court in the district where Novaqua is established.

Article 18 - Additional or Deviating Provisions

1. Additional provisions or deviations from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Article 19 - Order Refusal

1. If an order is refused during delivery, the costs for returning and processing the item(s) in your order will be borne by you. The restocking fee is €10 per order + the shipping costs of €7.30.

2. If an item is brought to a pickup location after a failed delivery attempt and you fail to collect it within the agreed timeframe, this will be considered an order refusal.