General Terms and Conditions

Company registration fiscal entity: NANUK EU BV 
Company commercial registration: NANUK EU BV
Chamber of Commerce (Netherlands) : 72870494

Address:

Burg. J.G. Legroweg 96
9761TD Eelde
The Netherlands
Phone: +31 50 3128694
E-mail: info@nanuk.eu

Article 1: General provisions

The e-commerce website of NANUK EU BV, a Private Limited Company with its registered office at Burg. J.G. Legroweg 96 in Eelde in The Netherlands, provides its customers with the option of buying products from its webshop (www.nanuk.eu).

These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of NANUK EU BV, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by NANUK EU BV.

Article 2: Price

The current e-commerce platfom is operated with Shopify and includes VAT in the price at check out when shiping and billing options are selected in order to avoid any mistakes.

All prices stated are expressed in EURO and include (apart from VAT) all other taxes or duties that the Customer must bear for Europe continental shipping.

Concerning the sales to foreign (by foreign we mean Customers not located in The Netherlands) Customers located within the European Union: the transport of the goods is always organised by NANUK EU BV (unless otherwise agreed), so the sales contract falls under the regulation of distance selling and in principle VAT is charged and due in the EU country where the goods are acquired by the final consumer. NANUK EU BV charges VAT to foreign EU customers for all sales through our webshop.

Sales to companies within the European Union: if NANUK EU BV sells goods to a company that is located in another EU country than The Netherlands, and ships these goods to another EU country other than The Netherlands, no VAT will be charged. A valid VAT number must be submitted to NANUK EU BV.

No reservation or administration fees are charged by NANUK EU BV.

The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

Article 3: Availability

Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for NANUK EU BV. With respect to the accuracy and completeness of the provided information, NANUK EU BV is solely bound to obligation of means. NANUK EU BV is in no way liable in event of obvious material or printing errors.

If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.

NANUK EU BV strives to maintain a permanent stock of the items offered on the web shop. The product selection is valid while stocks last and may at any time be changed or withdrawn by NANUK EU BV. NANUK EU BV cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.

Article 4: Online purchases

The procedure to order goods on the web shop is the following: The Customer navigates to the desired product, selects the correct configuration of the selected product and enters the number of pieces he/she wishes to order. The Customer then places it in his/her shopping cart. By clicking on the shopping cart, the overview of all the products in the shopping cart is reflected. If the Customer wishes to move forward and order the selected goods, he/she must then log in with their existing profile or create a new customer profile. Afterwards, the Customer chooses the shipping option and payment option. Finally, by purchasing the products the Customer accepts the General Terms and Conditions mentioned in this section of the nanuk.eu website. The order confirmation will subsequently be sent to the email address provided by Customer himself/herself.

The Customer may choose between the payment methods. The offered payment methods may vary according to the country where the purchase is being made.

NANUK EU BV is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.

Article 5: Delivery and execution of the agreement

Once the order has been accepted by NANUK EU BV and the ordered goods have been paid to NANUK EU BV, the goods will be shipped via DPD and or DHL and will be delivered within a maximum of 1 to 5 working days (from the moment of shipment), except for special circumstances. Under no circumstances can NANUK EU BV be held liable for delays in deliveries caused by the carrier, as a result of force majeure or a strange cause.

Articles ordered via this webshop will be delivered in Belgium, Netherlands, Luxemburg, Germany, France and other EU countries. Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.

Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to NANUK EU BV.

The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by NANUK EU BV.

Article 6: Retention of title

Delivered articles remain the exclusive property of NANUK EU BV until the moment the Customer pays for the goods in full.

If necessary, the Customer undertakes to inform third parties of the retention of title belonging to NANUK EU BV, e.g. to anyone who would attempt to seize articles that are not fully paid for.

Article 7: Right of withdrawal

The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from NANUK EU BV.

The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons. The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.

To exercise the right of withdrawal, the Customer must notify NANUK EU BV in an unambiguous statement (e.g. in writing by post, fax or e-mail) about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory.

To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.

In any event, the Customer has to send back or hand over the goods to NANUK EU BV within 14 calendar days from the day that they notify NANUK EU BV of their decision to withdraw from the agreement. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.

The direct costs for returning the goods shall be borne by the Customer.

If the returned product is reduced in value in any way, NANUK EU BV is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.

Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.

If the Customer withdraws from the agreement, NANUK EU BV shall repay all payments received from the Customer up until that time including standard shipment costs (if applicable) with a maximum of 14 calendar days of the date that NANUK EU BV was notified by the Customer of their decision to withdraw from the agreement. NANUK EU BV may wait to do the reimbursement until all the goods have been sent back and received by NANUK EU BV or after the Customer has provided proof of return to NANUK EU BV, whichever comes first.

The Customer will not be charged any costs in connection with such repayment.

The Customer may not exercise the right of withdrawal for the delivery of goods manufactured according to the Customer’s specifications (like for example custom foam or a logo print on the case) or that are clearly destined for a specific person.

Article 8: Guarantee

The consumer has certain legal rights concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.

Concerning the warranty of all products from NANUK EU BV refers to the following link: https://www.nanuk.eu/why-nanuk-lifetime-warranty.php.

To make a claim under guarantee, the Customer must provide a proof of purchase. Customers are advised to retain the original packaging used for the goods.

For articles purchased online and are delivered to the address of the Customer, the Customer must contact the NANUK EU BV Customer Service department and return the product at their own expense to NANUK EU BV.

Upon detection of a deficiency, the Customer must inform NANUK EU BV as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.

The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.

Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.

Article 9: Customer service

NANUK EU BV’s customer service can be reached at phone number +31 (0) 503 128 694 or via e-mail info@nank.eu or the following postal address: Burg.J.G.Legroweg 96, 9761TD, Eelde. Any complaints can be made through the aforementioned customer services contact methods.

Article 10: Penalties for non-payment

Without prejudice to the exercise of any other rights that NANUK EU BV is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.

Without prejudice to the foregoing, NANUK EU BV is entitled to take back the unpaid or incompletely paid for articles.

Article 11: Invalidation - non-relinquishment

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by NANUK EU BV to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

Article 12: Amendments to the Terms

These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of NANUK EU BV. In case of inconsistencies, the present Terms take precedence.

Article 13: Proof

The Customer accepts that electronic communications and backups shall serve as furnishing of proof.

Article 14: Applicable law - jurisdiction

Dutch law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of The Netherlands have jurisdiction in the case of any disputes.

Article 15 – Prohibited use

The customer has the obligation not to resell nor export breaching any applicable law or regulation in the European Union and/or United Kingdom.

By accepting these Terms and Conditions the Customer confirms that any of the goods ordered will not be transferred to any end-user or for any end-use related to the design, development, production, stockpiling, or use of chemical, biological, or nuclear weapons, or missiles capable of delivering such weapons.

The Customer confirms that he/she will not export, resell, or transfer to a destination subject to UN, EU or OSCE embargo.