TERMS AND CONDITIONS.

These terms govern your use of our website and purchases from NOTEAK. By ordering, you agree to these conditions.

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Table of Contents

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and Execution
Article 12 – Pre-Orders
Article 13 – Long-Term Transactions: Duration, Termination, and Extension
Article 14 – Payment
Article 15 – Complaints Procedure
Article 16 – Disputes and Applicable Law
Article 17 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal.

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

Day: calendar day.

Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

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

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period without stating reasons.

Model form: the model withdrawal form made available by the entrepreneur that a consumer can complete if they wish to exercise their right of withdrawal.

Entrepreneur: NOTEAK, the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: a contract concluded within the framework of an organized system for the distance sale of products and/or services by the entrepreneur, where up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication.

Pre-order: an order placed by the consumer for a product that is not yet available for immediate dispatch, as explicitly indicated at the time of purchase.

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

Article 2 – Identity of the Entrepreneur

NOTEAK

Goede Reede 1

3845 MD Harderwijk

The Netherlands

Email: info@noteak.com

KVK: 95932364

VAT number: NL005179244B33

Note: Consumers in other EU member states may contact us in English. We aim to respond within 2 business days.

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur 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 stated prior to the conclusion of the contract that the general terms and conditions can be viewed at the entrepreneur’s website and that they will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available electronically in a way that the consumer can easily store them on a durable data carrier.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and remaining conditions will remain in force, and the relevant provision will be replaced by a provision that approximates the purpose of the original as closely as possible.

Article 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 without obligation. The entrepreneur 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 sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the offered products. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products due to differences in screen calibration.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:

  • the price including VAT;
  • any shipping costs;
  • the method by which the agreement will be concluded and the required actions;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and performance of the contract;
  • the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
  • whether the contract will be archived and how it can be accessed by the consumer;
  • the languages in which the contract can be concluded;
  • for pre-orders: the estimated delivery period and the consumer’s right to cancel if that period cannot be met.

Article 5 – The Agreement

The agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. Until the entrepreneur has confirmed this acceptance, the consumer may dissolve the agreement.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations. If the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order with reasons, or to attach special conditions to its execution.

The entrepreneur will include with the product, in writing or in a form that can be stored on a durable data carrier:

  • the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
  • the conditions under which and how the consumer may exercise the right of withdrawal, or a clear statement regarding its exclusion;
  • information on guarantees and existing after-sales service;
  • any conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.

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

Article 6 – Right of Withdrawal

For products:

The consumer has the right to dissolve the contract without stating reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and communicated to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the instructions provided by the entrepreneur.

When the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product via the model withdrawal form or via email to info@noteak.com. After notifying, the consumer must return the product within 14 days. The consumer must provide proof of shipment.

If, after the expiry of these periods, the consumer has not indicated that they wish to exercise the right of withdrawal and has not returned the product, the purchase is final.

For services:

The consumer has the right to dissolve the contract without stating reasons within 14 days from the day of conclusion of the contract.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs are at the consumer’s expense. The consumer will be informed of the estimated return shipping costs prior to concluding the contract. If the entrepreneur fails to provide this information in advance, the return shipping costs will be borne by the entrepreneur.

If the consumer has already paid an amount, the entrepreneur will 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 back by the entrepreneur or conclusive proof of complete return has been provided. Refunds will be made using the same payment method used by the consumer unless they have explicitly agreed otherwise.

If the product is damaged due to careless handling by the consumer beyond what is necessary to assess the product, the consumer is liable for any depreciation in value.

The consumer cannot be held liable for depreciation if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for the following products, provided this is clearly stated in the offer prior to the conclusion of the contract:

  • products manufactured according to consumer specifications;
  • products that are clearly personal in nature;
  • products that cannot be returned due to their nature;
  • products that can spoil or age rapidly;
  • audio and video recordings and computer software whose seal has been broken by the consumer;
  • hygienic products whose seal has been broken.

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

  • services related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
  • services whose performance has begun with the consumer’s explicit consent before the end of the cooling-off period;
  • services relating to betting and lotteries.

Article 9 – The Price

During the period stated in the offer, the prices of the offered products and/or services will not be increased, except for changes in VAT rates.

The entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond their control at variable prices. This will be explicitly stated in the offer.

Price increases within 3 months of the conclusion of the contract are only allowed if they result from statutory regulations or provisions.

Price increases from 3 months after conclusion of the contract are only allowed if:

  • they result from statutory regulations or provisions; or
  • the consumer has the right to terminate the contract on the day the price increase takes effect.

All prices stated in the offer include VAT.

All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of such errors. In the event of a pricing error, the entrepreneur is not obliged to deliver the product at the incorrect price and will inform the consumer promptly.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and usability, and applicable legal provisions on the date of conclusion of the contract.

Statutory guarantee — 2 years:

In accordance with applicable EU consumer law (Directive 2019/771 and its national implementations), the entrepreneur guarantees that the delivered products conform to the contract for a period of at least 2 (two) years from the date of delivery. Defects that manifest within 12 months of delivery are presumed to have existed at the time of delivery, unless the entrepreneur can demonstrate otherwise.

Any commercial warranty provided by the manufacturer applies in addition to, and does not limit, the consumer’s statutory rights under this article.

Defects or incorrectly delivered products must be reported in writing to the entrepreneur within a reasonable time after discovery, but no later than 2 months after the defect becomes apparent. Reports can be submitted to info@noteak.com.

The statutory guarantee does not apply if:

  • the consumer has repaired and/or modified the delivered products themselves, or had them repaired and/or modified by third parties without the entrepreneur’s prior written consent;
  • the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur’s instructions or packaging;
  • the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

The consumer’s statutory rights under applicable national law are not affected by this article.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care in receiving and executing product orders.

The place of delivery is the address provided by the consumer to the entrepreneur at the time of ordering.

The entrepreneur will execute accepted orders promptly, and in any event within 30 days of the order confirmation, unless the consumer has agreed to a longer delivery period or the product is offered as a pre-order (see Article 12). If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the contract at no cost and receive a full refund within 14 days.

All delivery terms are indicative. Exceeding a stated delivery term due to circumstances beyond the entrepreneur’s control does not automatically entitle the consumer to compensation, but the consumer retains the right to dissolve the contract if delivery is not made within a reasonable additional period.

In the event of dissolution, the entrepreneur will 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 entrepreneur will make an effort to provide a replacement item. The consumer will be clearly informed upon delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. Return shipping costs for replacement items are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance by the consumer, unless expressly agreed otherwise.

Article 12 – Pre-Orders

Certain products may be offered for pre-order. Pre-order products are explicitly designated as such at the time of purchase. By placing a pre-order, the consumer agrees to an extended delivery period as communicated in the offer.

The entrepreneur will provide an estimated delivery date prior to concluding the pre-order contract. This date is indicative. If the estimated delivery date cannot be met, the entrepreneur will notify the consumer promptly and provide a revised estimate.

If the entrepreneur cannot deliver a pre-order product within the revised estimated delivery period, the consumer may dissolve the contract free of charge and receive a full refund of any amount paid, within 14 days of dissolution.

Payment collected at the time of pre-order will be held and applied against the order upon dispatch. The consumer’s right of withdrawal under Article 6 commences on the day of actual delivery.

Article 13 – Long-Term Transactions: Duration, Termination, and Extension

This article applies to contracts for the regular supply of products or services over time.

Termination

The consumer may terminate an open-ended contract for the regular supply of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may always terminate at least in the same way as the contract was entered into, and with the same notice period as the entrepreneur.

Extension

A fixed-term contract for the regular supply of products or services may not be automatically extended for a fixed term.

A fixed-term contract may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month.

Duration

If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month.

Article 14 – Payment

Payment for orders placed via the NOTEAK webshop is due at the time of placing the order, unless otherwise explicitly agreed in writing.

The consumer must immediately report any inaccuracies in payment details provided or stated.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer. Statutory interest may apply from the date the payment obligation fell due.

Article 15 – Complaints Procedure

The entrepreneur maintains a complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the contract must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defect. Complaints can be submitted by email to info@noteak.com.

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

If a complaint cannot be resolved by mutual agreement, the consumer may submit the dispute via the European Online Dispute Resolution platform at http://ec.europa.eu/odr.

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

If a complaint is found to be justified, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge, or offer an appropriate remedy.

Article 16 – Disputes and Applicable Law

These general terms and conditions and any agreement between the entrepreneur and the consumer are governed by Dutch law. The Vienna Sales Convention (CISG) does not apply.

Where the consumer is a resident of another EU member state, the consumer retains the benefit of any mandatory consumer protection provisions of their country of habitual residence that cannot be derogated from by contract, in accordance with EU Regulation No. 593/2008 (Rome I).

Disputes arising from this agreement will in the first instance be submitted to the competent court in the Netherlands, without prejudice to the consumer’s right to bring proceedings before the courts of their country of habitual residence.

Article 17 – Additional or Deviating Provisions

Additional or deviating provisions may not be to the consumer’s disadvantage and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

These General Terms and Conditions were last updated in March 2026. NOTEAK reserves the right to update these terms. The version published on noteak.com at the time of your order applies to your contract.