Terms and Conditions of Sale

Article 1 – Applicability

These general terms and conditions apply to every offer made by NUESTT. Limited B.V. (hereinafter: NUESTT.), located at Lage Dijk 28a in Helmond, and to every agreement, whether concluded remotely or otherwise, between NUESTT. and its customer. NUESTT. is registered with the Chamber of Commerce under number 97976024.

Article 2 – General terms and conditions

These general terms and conditions are posted on the NUESTT. website on which the purchase agreement is concluded and apply to all sales by NUESTT. to its customers. The most current version of NUESTT.’s general terms and conditions will always be posted on the NUESTT. website. The most current version always applies to new agreements. Agreements already concluded remain subject to the terms and conditions applicable at the time.

NUESTT’s (potential) customers can easily save the terms and conditions that applied at the time the agreement was concluded. These terms and conditions can be sent by email on request.

Article 3 – The offer

NUESTT.’s offer contains as complete and accurate a description as possible of the products offered. If NUESTT. uses images, these are as true a representation as possible of the products offered. Obvious mistakes or errors in the offer are not binding on NUESTT. NUESTT. is not liable for color differences or other deviations between the images on the website and the actual color of the product. Such color differences do not entitle the customer to terminate the purchase agreement.

Every offer made by NUESTT. contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer.

Article 4 – The agreement

The agreement is concluded at the moment the customer accepts the offer and meets the conditions set out therein, but only after confirmation by NUESTT.

If the customer has accepted the offer electronically, NUESTT. will confirm receipt of the acceptance of the offer electronically as soon as possible. As long as NUESTT. has not confirmed receipt of this acceptance, the customer can cancel the agreement.

NUESTT. may, within legal frameworks, inform itself whether the customer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, NUESTT. has good grounds for not entering into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution.

Upon delivery of the product to the customer, NUESTT. will in any case provide the following information, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:

a. the postal and email address of the NUESTT. branch where the customer can go with questions and complaints;

b. the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about guarantees and existing after-sales service;

d. the price of the product, including all taxes; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;

e. if the customer has a right of withdrawal, the model withdrawal form.

Article 5 – Right of withdrawal

The customer may terminate a contract relating to the purchase of a product during a cooling-off period of 14 days without giving reasons, but only if the customer has fully and timely complied with the conditions set out in these general terms and conditions. NUESTT. products are fragile and valuable products that must be handled with great care and in the following manner.

The aforementioned cooling-off period commences on the day after the customer, or a third party designated in advance by the customer, who is not the carrier, has received the product.

Article 6 – Deliveries and obligations of the customer after receipt and during the cooling-off period

NUESTT.’s valuable, fragile, and unique products are sent by NUESTT. by registered, insured mail in a design box specially developed and manufactured for NUESTT. NUESTT. products are also wrapped in paper. The 18-karat gold elements are additionally wrapped in protective paper. NUESTT. gloves are also delivered with the shipment and should be used when unpacking to protect the delivered products.

Prior to shipment, NUESTT. will carefully check and film each shipment.

During the cooling-off period, the customer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the customer may only handle and inspect the product as they would be allowed to do in a store. In other words, the customer may only try on the product and not wear it, with the risk of damage, soiling, or wear and tear.

The customer is liable for any reduction in the value of the product resulting from handling the product in a manner that goes beyond what is permitted.

Article 7 – Exercise of the right of withdrawal by the customer and costs thereof

If the customer wishes to exercise their right of withdrawal, they must notify NUESTT. within the cooling-off period using the model withdrawal form or in another unambiguous manner by emailing support@nuestt.com , stating their contact details, including their telephone number.

NUESTT. will contact the customer as soon as possible after receiving the aforementioned notification to agree on the method of return.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer shall return the product by registered, insured mail. The customer shall in any case have complied with the return period if he returns the product before the cooling-off period has expired.

The customer shall return the product with all accessories supplied (including the gold elements, packaging, certificate, and certificate cover), in original and unused condition and packaging, and in accordance with the reasonable and clear instructions provided by NUESTT. The product must be equipped with all 18-karat gold elements in undamaged condition.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.

The customer bears the costs of returning the product.

Article 8 – Obligations of NUESTT. in the event of withdrawal

If NUESTT. enables the customer to notify it of withdrawal electronically, it will send a confirmation of receipt immediately after receiving this notification and, if possible, contact the customer by telephone to arrange the return.

NUESTT. will reimburse all payments made by the customer, including any initial delivery costs charged by NUESTT. for the returned product, immediately after receiving the return shipment and after NUESTT. has been able to determine that the return shipment is complete, stain-free, and undamaged.

If the product is not complete or stain-free but the 18-karat gold elements are received complete and undamaged, the customer is entitled to a partial refund of the price, to be determined by NUESTT.

NUESTT. will use the same payment method for the refund that the customer used, unless the customer agrees to a different method. The refund is free of charge for the customer.

If the customer has opted for a more expensive method of delivery than the cheapest standard delivery, NUESTT. does not have to reimburse the additional costs for the more expensive method.

Article 9 – Exclusion of right of withdrawal

NUESTT. may exclude the following products from the right of withdrawal, but only if NUESTT. has clearly stated this in the offer, at least in good time before the conclusion of the contract:

1. Products that spoil quickly or have a limited shelf life;
2. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
3. Products that, by their nature, have been irrevocably mixed with other products after delivery;
4. In the case of custom-made products.

Article 10 – Price and payment

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 or prices of transport, tax, and insurance.

The prices stated in the product offer include VAT but exclude shipping costs.

Payment must be made in advance via the NUESTT. website using iDeal or credit card. NUESTT. is entitled to change the payment methods. NUESTT. is only obliged to ship the product after receipt of payment.

Article 11 – Performance of the agreement and liability

NUESTT. guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. NUESTT. does not guarantee that the product is suitable for anything other than normal use as an item of clothing.

If a customer has complaints about the quality of the delivered product, they can contact NUESTT. via support@nuestt.com. NUESTT. will then try to offer a suitable solution. After the cooling-off period has expired, NUESTT. is under no circumstances obliged to accept the return of a product.

As indicated in Article 6, the products must be unpacked using the gloves supplied. Even after unpacking, the customer must handle the products purchased from NUESTT. with care and follow the instructions for use and washing, among other things. NUESTT. recommends that the original packaging and the items supplied be kept carefully, as these may contribute to maintaining or increasing the value of the products.

The customer is expressly prohibited from removing the 18-karat gold elements from the products and applying them to other products, whether or not from third parties, other than the original product.

NUESTT. products are not suitable for use by children under the age of 8. The products should be kept out of the reach of children as much as possible. Despite being carefully attached, the gold elements may become loose and cause suffocation. NUESTT. is in no way liable for direct or indirect damage (including damage to health) resulting from the use of NUESTT. products.

Given the value of NUESTT. products, and in particular the gold elements, customers must handle the products with care, guard against theft, and take appropriate precautions. Lost or stolen gold elements cannot be replaced as they are unique items.

Article 12 – Delivery and execution

NUESTT. will exercise the utmost care in receiving and executing orders for products in the manner set out in these terms and conditions.

The place of delivery is the address that the customer has provided to NUESTT.

With due observance of the above, NUESTT. will execute accepted orders with due speed after receipt of payment. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the customer will be notified of this no later than 30 days after placing the order. In that case, the customer has the right to terminate the agreement without incurring any costs and is entitled to compensation.

After termination in accordance with the previous paragraph, NUESTT. will immediately refund the amount paid by the customer.

The risk of damage and/or loss of products rests with NUESTT. until the moment of delivery to the customer or a representative designated in advance and made known to NUESTT., unless expressly agreed otherwise. After that, this risk is irrevocably transferred to the customer.

Article 13 – Personal data

NUESTT will handle the personal data it receives from its customers carefully and in accordance with the legal (GDPR) regulations. It will only process this data within the framework in which the data was provided. NUESTT is permitted to use the personal data to make commercial, personal offers to the customer.

Article 14 – Complaints procedure

Complaints about the performance of the agreement must be submitted to NUESTT in full and clearly described within a reasonable time after the customer has discovered the defects.

Complaints submitted to NUESTT. will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, NUESTT. will respond within the period of 14 days with a confirmation of receipt and an indication of when the customer can expect a more detailed answer.

The customer must in any case give NUESTT. four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 15 – Disputes

Agreements between NUESTT. and the customer to which these general terms and conditions apply are governed exclusively by Dutch law. All disputes that cannot be resolved by mutual agreement will be settled exclusively by the District Court of East Brabant.