Terms and Conditions

This website is operated by Noir&Oak.

Throughout the site, the terms “we,” “us,” “our,” and “business” refer to Noir&Oak

Noir&Oak offers this website, including all information, tools, and services available from this site, to you, the user, on the condition that you accept all terms, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and policies referenced herein and/or available via hyperlink.

These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website.

By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms of this agreement, then you may not access the website or use any services.

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to the Terms of Service.

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website.

It is your responsibility to check this page periodically for changes.

Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc.

They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - GENERAL TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 - DEFINITIONS

In these terms, the following definitions apply:

Cooling-off period: The period in which the consumer can exercise their right of withdrawal.

Consumer: A natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

Day: 01-05-2024

Ongoing transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.

Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.

Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.

Distance contract: A contract concluded as part of an organised system for the distance sale of products and/or services, where exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.

Distance communication technique: A means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space.

General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

SECTION 2 - IDENTITY OF THE BUSINESS

Business Name: Bancas

Chamber of Commerce Number: 91538327

Trade Name: Noir&Oak

VAT Number: NL004898470B52

Customer Service Email: Info@Noiroak.com

Business Address: 4823AD, Zinkstraat 24, Box A4504, Breda, Netherlands

SECTION 3 - APPLICABILITY

These general terms and conditions apply to every offer made by the business and to every distance contract and order concluded between the business and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.

If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the business and will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, then contrary to the previous paragraph, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier before the contract is concluded.

If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically, and that they will be sent to the consumer electronically or by other means free of charge upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the provision that is most favourable to them in the event of conflicting conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in effect for the rest, and the relevant provision will be replaced by mutual agreement with a provision that closely aligns with the intent of the original provision.

Situations that are not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms must be interpreted ‘in the spirit’ of these general terms and conditions.

SECTION 4 - THE OFFER

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding.

The business is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services.

The description is detailed enough to enable a proper assessment of the offer by the consumer.

If the business uses images, they are a truthful representation of the offered products and/or services.

Obvious mistakes or errors in the offer do not bind the business.

All images, specifications, and details in the offer are indicative and cannot give rise to compensation or contract termination.

Images accompanying products are a true representation of the offered products.

The business cannot guarantee that the displayed colours exactly match the real colours of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.

This includes, in particular:

  • The price, excluding customs duties and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will apply the special scheme for postal and courier services regarding imports.

  • This scheme applies when goods are imported into the EU destination country, which in this case is applicable.

  • The postal and/or courier service will collect the VAT (possibly along with any clearance fees) from the recipient of the goods.

  • Any shipping costs.

  • The manner in which the contract will be concluded and the necessary steps to do so.

  • Whether or not the right of withdrawal applies.

  • The method of payment, delivery, and execution of the contract.

  • The period for accepting the offer or the period within which the business guarantees the price.

  • The tariff for distance communication if the cost of using remote communication technology is calculated on a different basis than the basic rate for the communication method used.

  • Whether the contract will be archived after it is concluded, and if so, how the consumer can consult it.

  • The way in which the consumer can check and, if necessary, correct the data they provided before concluding the contract.

  • Any other languages in which, besides English, the contract can be concluded.

  • The codes of conduct to which the business adheres and how the consumer can view these codes electronically.

  • The minimum duration of the distance contract in the case of an ongoing transaction.

Optional: Available sizes, colours, types of materials.

SECTION 5 - THE AGREEMENT

The agreement is established, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the specified conditions.

If the consumer has accepted the offer electronically, the business shall promptly confirm receipt of the acceptance electronically.

As long as the receipt of this acceptance has not been confirmed by the business, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the business shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment.

If the consumer can make electronic payments, the business shall implement appropriate security measures.

The business may, within legal boundaries, assess whether the consumer can meet their payment obligations, as well as any other relevant facts and factors necessary for responsibly entering into the distance agreement.

If, based on this assessment, the business has valid reasons not to proceed with the agreement, it is entitled to refuse an order or request with justification or to attach special conditions to its execution.

The business shall provide the following information to the consumer, either in writing or in a way that allows the consumer to store it on a durable data carrier:

  • The physical address of the business location where the consumer can file complaints.

  • The conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

  • Information about warranties and existing post-purchase services.

  • The details included in Article 4, paragraph 3 of these terms, unless the business has already provided these details to the consumer prior to the execution of the agreement.

  • The requirements for contract termination if the contract has a duration of more than one year or is indefinite.

In the case of an ongoing transaction, the provisions in the previous paragraph apply only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

SECTION 6 - RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the right to dissolve the agreement without providing any reason within 14 days.

This cooling-off period begins on the day after the consumer, or a representative designated by the consumer and communicated to the business, receives the product.

During the cooling-off period, the consumer shall handle the product and its packaging with care.

The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it.

If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the business.

If the consumer wishes to use their right of withdrawal, they must notify the business within 14 days of receiving the product.

This notification must be made through a written message or email.

After notifying the business of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days.

The consumer must provide proof that the goods have been returned on time, for example, by means of a shipping receipt.

If the consumer has not notified the business within the time limits mentioned in paragraphs 2 and 3, or if they have not returned the product to the business, the purchase is considered final.

SECTION 7 - COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has made a payment, the business shall refund this amount as soon as possible, but no later than 14 days after withdrawal.

This is subject to the condition that the product has already been received by the retailer or conclusive proof of complete return has been provided.

SECTION 8 - EXCLUSION OF RIGHT OF WITHDRAWAL

The business may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3.

The exclusion of the right of withdrawal only applies if the business has clearly stated this in the offer, at least before concluding the agreement.

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

  • That have been produced according to the consumer’s specifications.

  • That are clearly personal in nature.

  • That, due to their nature, cannot be returned.

  • That can perish or age quickly.

  • Whose price is subject to fluctuations in the financial market over which the business has no influence.

  • That are single-issue newspapers and magazines.

  • That are audio and video recordings or computer software where the consumer has broken the seal.

  • That are hygiene products where the consumer has broken the seal.

  • Bikinis and swimwear.

  • Underwear and lingerie.

  • Socks.

  • Cosmetics and skincare products such as creams, lotions, and serums.

  • Makeup and perfume (if sealed and the seal has been broken).

  • Shavers and hair removal devices.

  • Earrings and piercings.

  • Toothbrushes and oral care products.

  • Massage devices and intimate products.

  • Dietary supplements and medicines.

Exclusion of the right of withdrawal is only possible for services:

  • Related to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period.

  • Where the delivery has begun with the express consent of the consumer before the cooling-off period has expired.

  • Related to betting and lotteries.

SECTION 9 - PRICING

We reserve the right to change the prices of offered products and/or services during the validity period stated in the offer, including changes resulting from VAT rate adjustments.

Contrary to the previous paragraph, the business may offer products or services at variable prices if they are subject to fluctuations in the financial market over which the business has no control.

This dependence on fluctuations and the fact that listed prices may be indicative shall be stated in the offer.

Price increases within three months after concluding the agreement are only permitted if they result from legal regulations or provisions.

Price increases from three months after the agreement is concluded are only permitted if the business has stipulated this and:

  • They result from legal regulations or provisions.

  • The consumer has the right to terminate the agreement from the day the price increase takes effect.

The place of delivery, according to Article 5, paragraph 1 of the 1968 VAT Act, is in the country where the transport begins.

In this case, the delivery takes place outside the EU.

As a result, the postal or courier service will charge the recipient import VAT and/or clearance costs.

Therefore, the business will not charge VAT.

All prices are subject to printing and typographical errors.

No liability is accepted for the consequences of printing and typographical errors.

In the case of printing and typographical errors, the business is not obliged to supply the product at the incorrect price.

SECTION 10 - CONFORMITY AND WARRANTY

The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations at the time of the agreement's conclusion.

If agreed, the business also guarantees that the product is suitable for purposes other than normal use.

Any warranty provided by the business, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert under the agreement.

Any defects or incorrectly delivered products must be reported to the business in writing within 30 days of delivery.

Returned products must be in their original packaging and in new condition.

The business's warranty period corresponds to the manufacturer's warranty period.

However, the business is never responsible for the ultimate suitability of the products for each individual consumer application, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.

  • The delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the instructions of the business and/or on the packaging.

  • The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

SECTION 11 - DELIVERY AND EXECUTION

The business shall exercise the utmost care when receiving and processing product orders.

The delivery address is the address provided by the consumer to the business.

Subject to what is stated in Article 4 of these general terms and conditions, the business shall process accepted orders promptly and within a maximum of 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed no later than 30 days after placing the order.

In this case, the consumer has the right to dissolve the agreement without additional costs and may be entitled to compensation.

In the event of dissolution under the previous paragraph, the business shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the business shall make every effort to offer a replacement product.

It will be clearly communicated, no later than at the time of delivery, that a replacement product is being provided.

The right of withdrawal cannot be excluded for replacement products.

The costs of any return shipment are borne by the business.

The risk of damage and/or loss of products rests with the business until the moment of delivery to the consumer or a designated representative known to the business, unless explicitly agreed otherwise.

SECTION 12 - ONGOING CONTRACTS: DURATION, TERMINATION, AND RENEWAL

Termination

The consumer may terminate an indefinite-term contract that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed-upon termination conditions and a maximum notice period of one month.

The consumer may terminate a fixed-term contract that involves the regular delivery of products (including electricity) or services at the end of the agreed-upon duration, subject to the agreed-upon termination conditions and a maximum notice period of one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

  • At any time, without restriction to termination at a specific time or within a specific period.

  • At least in the same manner as they were entered into.

  • Always with the same notice period that the business has for itself.

Renewal

A fixed-term contract for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

Contrary to the previous paragraph, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a maximum period of three months, provided the consumer can terminate the extended contract at the end of the renewal with a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month, or a maximum of three months if the contract involves the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be automatically continued and will end automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the end of the agreed-upon duration.

SECTION 13 - PAYMENT

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6, paragraph 1.

In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to promptly report any inaccuracies in the payment details provided or listed to the business.

In the event of non-payment by the consumer, the business has the right, subject to legal limitations, to charge the consumer reasonable costs that were communicated in advance.

SECTION 14 - COMPLAINTS PROCEDURE

Complaints about the execution of the agreement must be submitted to the business fully and clearly described within 7 days after the consumer has identified the defects.

Complaints submitted to the business will be responded to within 14 days from the date of receipt.

If a complaint requires a longer processing time, the business will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the business’s obligations unless the business indicates otherwise in writing.

If a complaint is deemed valid by the business, the business will, at its discretion, replace or repair the delivered products free of charge.

SECTION 15 - DISPUTES

Agreements between the business and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

This applies even if the consumer resides abroad.

SECTION 16 - PERSONAL INFORMATION

Your submission of personal data through the store is governed by our Privacy Policy.

To view our Privacy Policy.

SECTION 17 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping costs, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on a related website is incorrect at any time, without prior notice (including after you have placed your order).

We are not obligated to update, modify, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website should be interpreted as indicating that all information in the Service or on any related website has been modified or updated.

SECTION 18 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 - CESOP

Due to the measures introduced and tightened per 2024 regarding the "Amendment of the 1968 Value Added Tax Act (Implementation of the Payment Service Providers Directive)", and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may be required to register data in the European CESOP system.

SECTION 20 - Contact 

Email address: info@Noiroak.com

Phone number: +31 6 19116944 

Registered address:4823AD, Zinkstraat 24, Box A4504, Breda, Netherlands