General terms and conditions

 

The nooby.tech General Terms and Conditions (hereinafter: "the Conditions") govern the relationship between the Customer and nooby.tech. By using the nooby.tech website or by placing an order through the webshop or Customer Service, Customer agrees to the application of the nooby.tech Terms and Conditions below.

If the Customer does not (no longer) agree to the application of one or more of the provisions of the nooby.tech General Terms and Conditions, any further use of the website, ordering via the website becomes impossible.

 

Identity of the Seller

nooby.tech:  Learning Tools 21C LTD, having its registered office at rue Borrens, 51, 1050, Brussels, VAT BE-0753602502.

Customer service: The nooby.tech Customer Service can be reached on +32 0471 624 039, by e-mail at hello@nooby.tech, via the contact form on the website (www.nooby.tech).

Definitions

Customer: The Customer is the natural or legal person who requests or uses a profile through the means of identification provided for this purpose. The Customer must be of legal age, and under no circumstances can minor person become a Customer.

General terms and conditions nooby.tech

1.  Purpose of these Terms: The purpose of these Terms is to provide the Customer with the necessary information regarding the rights and obligations applicable in the event of an order via the nooby.tech webshop or the nooby.tech Customer Service.

2.  Services: nooby.tech and its Customer Service offer the Customer the possibility to order items from the nooby.tech assortment. nooby.tech and its Customer Service also offer the possibility to obtain information about the items in the assortment, as well as information about all aspects (of the processing) of an order, in particular about payment, delivery/delivery terms, etc. nooby.tech also undertakes to provide the benefits and services in a timely manner and in accordance with the conditions communicated in this respect.

3.  Assortment : The assortment available in the webshop is valid while stocks last and can be changed at any time by nooby.tech. Should an article no longer be available, nooby.tech shall inform the customer within a reasonable period of time and offer an alternative, if possible in the assortment. The customer is free to accept or reject the proposed alternative.
The images appearing on the website and in catalogues, leaflets and other printed materials are for illustrative purposes and may include elements that do not belong to the item offered for sale and/or are not included in the indicated sale price. However, this is specified in the description of the product offered for sale provided by nooby.tech. In case of doubt or possible ambiguity, the Customer shall contact nooby.tech for correct information. nooby.tech shall not be liable for material errors, typos or printing errors.

4.  Buying in the webshop: To buy items in the webshop or via Customer Service you always need a login . As soon as the Customer has placed an order, he/she will receive a confirmation e-mail containing an overview of the order. This confirmation e-mail contains, among other things, information about the order date, the payment date and the delivery date.

5.  How to order : When the Customer orders an item, the purchase is effective immediately. The delivery of an order is always made to the address indicated by the Customer. When placing an order, the Customer pays at the time the order is placed or he indicates that he wishes to fulfil his payment obligation by bank transfer.

6.  Refusal of an order: nooby.tech reserves the right to refuse orders in the following cases: (i) if there is a strong presumption of abuse of rights or bad faith on the part of the Customer; (ii) if an abnormal quantity of articles is ordered; (iii) if the stock is sold out or if an article is no longer available; (iv) if nooby.tech finds an offer to be invalid; (v) in the event of force majeure.

7.  Delivery method and delivery time: The delivery method is specified in the information referring to the article and in the confirmation e-mail. nooby.tech makes every effort to collect the ordered products on time according to the available stocks. If the delivery date needs to be changed, the Customer will be contacted immediately to propose a new date.
However, the delivery date mentioned may also depend on the delivery date communicated by the supplier. nooby.tech shall not be liable for late delivery by one of its suppliers or for non-compliance with the delivery date if this is due to force majeure or is attributable to a third party.

8.  Delivery to the address indicated : The Customer may opt for delivery to his home, work or to any other address he indicates after paying for the items. nooby.tech delivers only in Belgium and the Netherlands. The package is sent after receipt of payment. The delivery date is confirmed by e-mail to the Customer.
Delivery costs to an address provided are €9 (VAT net) per order. Orders are delivered free of charge for purchases of €100 or more. No delivery is possible on Sundays or public holidays. These delivery costs are applicable at all times, unless expressly agreed otherwise.

9.  Prices: Prices are always expressed in euros, including VAT and other compulsory legal contributions. Other additional costs for delivery and ordering, which may be mandatory, are always indicated transparently. In the event of an order, the price is fixed at the moment the order is transmitted and paid by the Customer.

10 Payment : Payment can be made online or by bank transfer. In some cases nooby.tech also accepts gift cards. Please inquire on our website or with Customer Service for the exact conditions of use of these vouchers, cards, cheques or codes. Items, vouchers, gift certificates or gift cards will not be refunded under any circumstances, unless mandatory provisions of (consumer) legislation so provide.
If nooby.tech does not receive payment after the settlement, a first reminder letter is sent to the Customer. A registered letter will then be sent if the payment has still not been made. From the first reminder, interest of 10% of the unpaid amount shall be due on the total debt, ipso jure and without further notice of default. In addition, the total debt will be increased by a lump sum compensation of 10% of the unpaid amount, with a minimum of € 25.00, to cover costs other than loss of interest and legal costs.

11  Right of withdrawal in the event of an order: When the Customer orders an item via the webshop or Customer Service, he benefits from a cooling-off period of 14 calendar days after delivery of the item. The delivery takes place at the moment when the item is handed over to the Customer by the carrier. This period of 14 calendar days allows the Customer to evaluate the purchased item by examining and inspecting it. During this period, the Customer must handle the purchased item with the necessary care. He may therefore only unpack the goods to the extent necessary to exercise his right of inspection and testing. In order to withdraw, the Customer shall inform nooby.tech of his decision by means of a declaration by e-mail.

12 Return in case of retraction: The Customer has 14 calendar days, starting from the day following the delivery of the item, to return it. In the event of retraction, the costs associated with the return of an item shall be borne by the Customer. The item can only be returned if it is in its original condition. When the item is no longer saleable because the Customer has not limited himself to its simple inspection, the depreciation of the item will be charged to him.

13.  Refund after withdrawal: nooby.tech will refund the Customer in case of correct withdrawal, after receipt and inspection of the article. Refund will be processed within 5 working days from the receipt of the article to the account number from which the payment was made. The return shipping costs remain at the expense of the Customer.

14.  Non-application of the right of withdrawal: If the Customer has ordered items following a trial program offered by nooby.tech he does not benefit from the cooling-off period of 14 calendar days after delivery. In this case, once the Customer has paid, he can no longer cancel the purchase. The decision to purchase was made following a trial program during which the Customer had the opportunity to inspect the item and ask questions about its features and functions. The Customer therefore has no right of withdrawal.
In some cases, the law also stipulates that there should be no cooling-off period, even if the purchase took place at a distance or outside the commercial establishment. The right of withdrawal does not apply to the following articles, among others : (a) articles that cannot be returned for reasons of health protection or hygiene when they have been unsealed; (b) audio or video articles or computer software that have been unsealed; (c) articles made to the Customer's specifications or clearly intended for the Customer or a specific person. For example, an item specially ordered for the purchaser which is not available in the standard nooby.tech assortment; or which has been personalised (d) digital content which is not supplied on a tangible medium and which has already been delivered/downloaded with the Customer's permission during the withdrawal period, with acknowledgement of the loss of the right of withdrawal.

15.  Legal guarantee: The Customer benefits from the legal guarantee of two years from delivery in the event of defects in conformity. This guarantee covers the repair or replacement of the defective item. Any claim for lack of conformity must be communicated immediately to nooby.tech, at the latest within 10 calendar days following the day on which the defect in question was found, failing which the right to exercise such a remedy shall be forfeited. Customer must contact Customer Service to agree on the practical arrangements for returning the item to nooby.tech.

16.  Exclusions : The legal or commercial guarantee will not apply in the event of non-conformity resulting from an accident, a worsening of the condition through negligence, a fall, or use of the item contrary to the purpose and use for which it was designed, Failure to observe the operating instructions or instructions for use, adaptations or modifications made to the appliance, rough use, incorrect assembly, poor maintenance or abnormal, commercial, professional, incorrect or inappropriate use. The guarantee also excludes normal wear and tear. Furthermore, the guarantee is not granted after intervention by a third party not designated by nooby.tech. Before use, the Customer must always read the instruction and/or assembly instructions carefully .

17.  Use of the website: The Customer is aware of the limitations and risks associated with the use of the Internet or any other media enabling nooby.tech to make its services available, now and in the future. The Customer is also aware of the risks of digital or electronic storage and transfer of information. The Customer agrees that nooby.tech cannot be held liable for any damage due to the use of its websites or the Internet as a result of the aforementioned risks.
nooby.tech is not responsible for the content of websites or apps available on its website through links. The mere fact that such links are available on the nooby.tech website does not imply at any time the approval, acceptance or recognition of these other website/apps. In addition, Customer is personally responsible for checking that such websites/apps are free of viruses and other programs or elements that may be harmful to Customer's equipment .

18.  Validity and amendment of the Terms: If any provision of these nooby.tech Terms and Conditions is found to be invalid, unenforceable, non-binding or illegal, the remaining provisions shall continue to have full force and effect. The void thus left in the nooby.tech General Terms and Conditions by the invalid, non-binding or illegal provision shall be compensated, in accordance with the applicable law, by the application of a valid provision that comes as close as possible to the original economic purpose.
nooby.tech's failure to insist upon strict compliance with any provision(s) of these Terms and Conditions shall not be deemed a tacit waiver of its rights and shall not prevent nooby.tech from insisting upon strict compliance with such provisions at a later date.
nooby.tech reserves the right to change these Terms and Conditions at any time. However, the general terms and conditions that were applicable at the time of the conclusion of the contract shall continue to apply for current contracts. Any order subsequent to an amendment to the nooby.tech General Terms and Conditions implies the knowledge and acceptance of the new General Terms and Conditions applicable at that time.

19.  Questions or complaints : For any questions or complaints, the Customer can always contact Customer Service in the first instance. If the solution proposed by Customer Service does not satisfy the Customer, the Customer may contact the Commercial Ombudsman. This is an independent and neutral body, recognised by the FPS Economy, which offers a free conciliation service. The Customer can send an electronic complaint form via www.ombudsmanducommerce.be. This form can also be downloaded and sent by e-mail to info@ombudsmanducommerce.be or by post to the Commercial Ombudsman, Avenue E. Van Nieuwenhuyse 8, 1160 BRUSSELS. If no conciliation proves possible, the dispute will then fall within the jurisdiction of the competent Belgian courts and will be subject to Belgian law.
If the Customer is not domiciled in Belgium, he can also contact our Customer Service in the first instance. If no solution is found through this means, the Customer can then contact the European Online Dispute Resolution platform (http://ec.europa.eu/odr) in his own language for his online purchases.

20.  Protection of privacy and personal data: The use of services under these General Terms and Conditions requires the collection and processing of the Client's personal data. The protection of the Customer's personal data is of utmost importance to nooby.tech. Therefore, nooby.tech endeavours to protect them to the best of its ability and to always guarantee the rights of the Customer when using this data, in accordance with the applicable rules on privacy and personal data protection. nooby.tech processes the Customer's personal data for the purposes and on the basis of the legal grounds as described in the Privacy Policy . This declaration can be consulted online or obtained on request from Customer Service. Changes may be made to it from time to time.
The Customer undertakes to inform Customer Service in a timely manner of any changes to his/her usual data: e-mail, identification and address, in order to enable nooby.tech to provide a correct service.

 

Version: 20/11/2020