Terms of conditions

Article 1 - Definitions

In these general terms and conditions of La Noche, the following terms are defined as follows:

Cooling-off period: the period during which the consumer may exercise the right of withdrawal.
Consumer: the natural person who purchases products or services, not acting in the exercise of a profession or business, and who concludes a distance contract with La Noche.
Day: a calendar day.
Transaction duration: a distance contract relating to the delivery of products or services over a longer period of time, where the delivery or purchase is made in parts.
Durable medium: any means by which the consumer or La Noche can store information in such a way that it can be consulted later and reproduced unchanged.
Right of Withdrawal: the right of the consumer to withdraw from the distance contract within the cooling-off period.
Model form: the form provided by La Noche that the consumer can fill in to exercise the right of withdrawal.
Entrepreneur: La Noche, the natural or legal person who offers products and/or services to consumers at a distance.
Distance Contract: an agreement concluded between La Noche and the consumer through a system organised by La Noche for the distance sale of products and/or services, using exclusively means of distance communication.
Means of distance communication: any means that can be used to conclude an agreement without the need for the consumer and La Noche to be physically present in the same place.
General Conditions: the current general conditions of La Noche.

Article 2 - Identity of the entrepreneur

Name: La Noche the label
Address: Grootveld 32, 5465 PZ Veghel, The Netherlands
Phone: +316 19070425
E-mail: info@lanochethelabel.nl
KVK-number: 94744033
VAT number: NL823807071B01

Article 3 - Applicability

These general terms and conditions apply to all offers made by La Noche and to all distance contracts and orders concluded between La Noche and the consumer. Prior to the conclusion of the distance contract, the consumer will be informed of the general terms and conditions. If this is not reasonably possible, the consumer will be informed prior to the conclusion of the contract that the general terms and conditions can be consulted at La Noche and that they will be sent to the consumer free of charge upon request.

If the contract is concluded by electronic means, the general conditions can be provided to the consumer in digital form, in such a way that they can be easily stored on a durable data carrier. If this is not possible, the consumer will be informed before the conclusion of the contract where the general terms and conditions can be viewed digitally and that they can be provided free of charge by e-mail or by other means upon request.

If, in addition to these general terms and conditions, specific terms and conditions apply to products or services, the same rules shall apply to the provision of these terms and conditions. In the event of a conflict between different terms and conditions, the consumer always has the right to choose the most favourable provision.

Should one or more of the provisions of these general terms and conditions be or become invalid, the other provisions shall remain in full force and effect. The invalid provision shall be replaced by a provision that comes as close as possible to the original intention.

In situations not specifically described in these Terms and Conditions, the intent of these Terms and Conditions must be considered. Any ambiguity in the interpretation or meaning of one or more provisions shall be interpreted on the basis of the intention of these General Terms and Conditions.

Article 4 - The offer

If an offer from La Noche is limited in time or subject to certain conditions, this will be clearly stated in the offer. The offer is not binding and La Noche reserves the right to modify or adapt the offer.

Each La Noche offer contains a complete and accurate description of the products and/or services offered. This description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. The images used by La Noche give a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on La Noche.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract. Although La Noche endeavours to show the products as accurately as possible, it cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

Each offer contains all the necessary information so that the consumer knows exactly what his rights and obligations are when accepting the offer. This includes in particular

The price, including taxes;
Any shipping costs;
How to conclude the contract and the steps required to do so;
Whether the right of withdrawal applies;
The method of payment, delivery and performance of the contract;
The period within which the consumer must accept the offer or the period during which the price is guaranteed;
Any additional costs for distance communication, if these differ from the standard rates;
Whether the agreement is archived after it has been concluded and, if so, how the consumer can consult it;
How the consumer can check and, if necessary, correct the data he has entered before concluding the contract;
The languages in which the agreement can be concluded, in addition to Dutch;
The codes of conduct that La Noche follows and how the consumer can consult them digitally;
The minimum duration of the agreement in the case of an ongoing transaction.

Article 5 - The agreement

The agreement between La Noche and the consumer is concluded as soon as the consumer accepts the offer and fulfils the conditions set. If the consumer accepts the offer electronically, La Noche will immediately confirm the receipt of the acceptance by e-mail. As long as this confirmation has not been sent, the consumer may cancel the agreement free of charge.

In the case of agreements concluded electronically, La Noche will ensure that the appropriate technical and organisational security measures are in place to protect the transmission of data and the security of the web environment. If payment is made electronically, additional security measures are taken to ensure that the payment is processed securely.

La Noche has the right to investigate, within the legal framework, whether the consumer can meet his payment obligations and whether there are other relevant factors that influence the conclusion of the contract. If this investigation shows that there are reasons not to enter into the agreement, La Noche may refuse an order or impose special conditions on the execution of the order.

When supplying products or services, La Noche will provide the consumer with the following information, in writing or in a form that can be easily stored

The address of La Noche for any complaints;
Information on the right of withdrawal, or a clear indication if this does not apply;
Information on guarantees and after-sales service;
The information described in article 4, if not already provided;
the conditions for terminating the contract if it lasts longer than one year or is of indefinite duration.
In the case of ongoing transactions, the above information provision only applies to the first delivery. All agreements are subject to sufficient availability of products.

Article 6 - Right of withdrawal

When buying products:

If you purchase a product from La Noche, you have the right to cancel the purchase within 14 days without giving any reason. This cooling-off period begins the day after you or a person designated by you receives the product.

During this period you must treat the product and its packaging with care. You may only unpack or use the Product to the extent necessary to decide whether you wish to keep it. If you decide to exercise your right of cancellation, you must return the product, including any accessories supplied, as far as possible in its original condition and packaging, in accordance with La Noche's clear instructions.

If you wish to exercise your right of withdrawal, you must notify La Noche within 14 days of receiving the product. You can do this by sending us an email. We will then send you a return form which you can print out and send along with the products you wish to return. Once you have indicated that you wish to cancel your purchase, you must return the product within 14 days. Make sure you have proof of postage to show that the product was returned in time.

If after this 14 day period you have not indicated that you wish to cancel the purchase or have not returned the product, the purchase will be final.

When supplying services:

If you buy services, you also have 14 days to cancel the contract without giving a reason. This period starts on the day the agreement is concluded. To exercise this right of withdrawal, you must follow the instructions provided by La Noche with the offer or at the time of delivery of the service.

Article 7 - In the event of withdrawal

If the consumer exercises his right of withdrawal, he shall bear the cost of returning the product.

If the consumer has already made a payment, the trader will reimburse this amount as soon as possible and no later than 14 days after the withdrawal. This is subject to the trader having received the product or the consumer being able to prove that the product has been returned. The refund will be made by the same method of payment that was originally used, unless the consumer explicitly agrees to a different method of payment.

If the product has been damaged as a result of the consumer's careless use, the consumer will be liable for any reduction in the value of the product. However, the consumer is not liable for any depreciation if the trader failed to provide the legally required information on the right of withdrawal prior to the conclusion of the contract.

Article 8 - Exclusion of the right of withdrawal

La Noche can exclude certain products and services from the right of withdrawal, as described below. This is only possible if La Noche clearly indicates this exclusion in the offer or at least before the conclusion of the agreement.

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

Are made to measure or to the consumer's specific requirements.
Have a distinctly personal character.
Cannot be returned due to their nature.
May spoil or age quickly.
Are subject to price fluctuations on the financial market over which the trader has no control.
Are loose newspapers or magazines.
Audio and video recordings or software where the seal has been broken by the consumer.
Hygiene products where the seal has been broken.

In addition, the right of withdrawal may be excluded for services that:

Accommodation, transport, meals or leisure activities to be taken on a specific date or within a specific period.
Have already started to be performed with the express consent of the consumer before the end of the cooling-off period.
Relate to betting and lotteries.

Article 9 - The price

During the period of validity of the offer, the prices of the products and services offered will remain stable, unless there are changes in VAT rates.

In some cases, such as products or services whose prices depend on fluctuations in the financial market over which La Noche has no control, variable prices may be used. This will be clearly stated in the offer, including any indication that these are target prices.

Price increases within three months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases after this period are only possible if La Noche has given prior notice and if they are due to

It is the result of legal regulations
The consumer has the right to terminate the agreement at the time the price increase comes into effect.

All prices quoted are inclusive of VAT. Misprints and typing errors excepted; La Noche is not responsible for the consequences of such errors. In the event of a printing or typing error, La Noche is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

La Noche guarantees that the products and/or services supplied comply with the agreement, the specifications stated in the quotation and the reasonable requirements of quality and usability established by law and government regulations on the date of the agreement. If expressly agreed, La Noche also guarantees that the product is suitable for uses other than its normal use.

A guarantee given by La Noche, the manufacturer or the importer does not affect the consumer's legal rights under the agreement. Defects or faults in products delivered must be reported in writing to La Noche within 2 months of receipt. The product must be returned in its original packaging and in new condition.

La Noche's warranty period is the same as the manufacturer's warranty. However, La Noche is not responsible for the suitability of the products for specific uses by the consumer, nor for advice on the use or application of the products.

The guarantee expires if:

The consumer has made adjustments or repairs to the products themselves or through third parties;
The products have been used in abnormal circumstances or have not been handled carefully or have been used contrary to La Noche's instructions for use;
The defect of the products is the result of government regulations regarding the nature or quality of the materials used.

If the consumer's complaint proves to be justified, La Noche will, at its discretion, replace the product free of charge or provide written compensation. However, the compensation will be limited to the invoice amount of the products in question.

Article 11 - Delivery and execution

La Noche endeavours to process orders for products and requests for services with the utmost care. Delivery will be made to the address provided by the consumer to La Noche.

Unless otherwise agreed, La Noche will execute accepted orders as soon as possible, and in any case within 30 days of receipt, unless a longer delivery period has been agreed. If there is a delay in delivery or if an order cannot be executed in full or at all, the consumer will be informed within 30 days of placing the order. In this case, the consumer has the right to cancel the contract free of charge. In the event of cancellation by the consumer, the consumer will not be entitled to any compensation.

All delivery times given are indicative. Exceeding a deadline does not entitle the consumer to any compensation.

In the event of cancellation of an order, La Noche will refund the amount paid as soon as possible, but no later than 14 days after cancellation. If an ordered product cannot be delivered, La Noche will try to provide a replacement. This will be clearly stated at the time of delivery. The right of withdrawal remains applicable to the replacement item and the cost of returning the item will be borne by La Noche.

La Noche bears the risk of damage or loss of the products until the moment of delivery to the consumer or a representative appointed by the consumer, unless expressly agreed otherwise.

Article 12 - Duration of agreements: termination, extension and duration

Cancellation

An agreement concluded for an indefinite period and providing for the regular supply of products or services (e.g. electricity) may be terminated by the consumer at any time, subject to the agreed termination rules and a notice period of up to one month. Agreements concluded for a fixed period, which also provide for the regular supply of products or services, can be terminated by the consumer at the end of the agreed period, subject to the agreed termination rules and a notice period of up to one month.

The consumer can terminate such agreements at any time, regardless of any specific dates or periods. This means that the consumer can terminate the agreement in the same way as it was concluded and with a period of notice equal to the one set by La Noche.

Renewal

An agreement concluded for a fixed period for the regular supply of products or services cannot be automatically extended or renewed for a new fixed period. However, an agreement for the regular delivery of newspapers, magazines or periodicals may be automatically renewed for a maximum of three months, provided that the consumer can terminate this renewed agreement at the end of the renewal period with a maximum of one month's notice.

A contract for the regular supply of products or services may be automatically renewed for an indefinite period only if the consumer can terminate it at any time with a notice period of not more than one month. In the case of contracts for the supply of products or services less than once a month, the maximum period of notice for automatic renewal shall be three months.

Trial or introductory subscriptions to newspapers, magazines or journals are not automatically renewed and end automatically at 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 the first year with a notice period of up to one month, unless there are reasonable grounds preventing termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, payments must be made by the consumer within 7 working days of receipt of the goods. For contracts for services, this period starts from the moment the consumer receives confirmation of the contract.

The consumer is responsible for notifying La Noche in good time of any errors in the payment details provided. If the consumer does not pay on time, La Noche reserves the right, within the legal framework, to charge reasonable costs that have been communicated to the consumer in advance.

Article 14 - Complaints procedure

At La Noche we have a clear complaints procedure according to which we deal with complaints. If a consumer has a complaint about the execution of the agreement, this complaint must be submitted to La Noche within 2 months after the discovery of the defects, fully and clearly described.

La Noche will respond to all complaints within 14 days of receipt. If a complaint requires more time to be dealt with, the consumer will receive an acknowledgement of receipt within these 14 days and an indication of the expected time for a more detailed response.

Complaints must first be addressed to La Noche. If the complaint cannot be resolved amicably, it may be submitted to a dispute resolution board or through the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend La Noche's obligations, unless otherwise agreed in writing. If a complaint is found to be justified, La Noche will, at its discretion, replace or repair the products in question free of charge or offer compensation.

Article 15 - Applicable law and disputes

All agreements between La Noche and the consumer governed by these general terms and conditions are exclusively subject to Dutch law, even if the consumer resides abroad. The Vienna Sales Convention is not applicable.

All disputes arising from or in connection with this agreement will, if possible, be submitted to the competent court in the region where La Noche is established. However, La Noche reserves the right to have a dispute heard by the competent court in the consumer's place of residence, if this is preferred.

Article 16 - Additional or different provisions

Any additional or different provisions to these general terms and conditions may not be detrimental to the consumer. These terms must be set out in writing or otherwise made available so that the consumer can keep them in an accessible and durable form.