Nica De Voster
Dorpstraat 21, 2811 Leest België
+32 (0) 477 63 93 48
Article 1: General provisions
The e-commerce website of Nica De Voster, a natural person with its registered office at Dorpstraat 2A, 2811 Leest, VAT BE 0755 837 064, (hereinafter “Nomad Living”) provides its customers with the option of buying products from its web shop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the web shop of Nomad Living, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Nomad Living.
Article 2: Price
All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.
Any shipping, reservation or administration fees that are charged must be specified separately.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Nomad Living. With respect to the accuracy and completeness of the provided information, Nomad Living is solely bound to obligation of means. Nomad Living is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by Nomad Living. Nomad Living cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
In order to purchase an article, you will have to add the article in your shopping basket. You may then choose the amount you want to order of this article. You may then choose to continue shopping or if you want to proceed to the payment. If you choose to continue selecting articles, you may always find back your purchase basket top right in order to proceed to payment.
When you have finished your selection and are ready to proceed to payment, you will have to complete all customer details, delivery method and payment method. You will also be able to use the eventual promotion code. Afterwards you will be able to verify your order, when necessary make corrections before you place the actual order. By clicking on “order and pay” you will commit to ordering the articles in your basket and you are committed to pay. After you placed an order, we will confirm this order by e-mail to you. Our sales contract is binding as soon as we have sent you the order confirmation e-mail.
The Customer may choose between the following payment methods (by credit card
- by VISA credit card
- by bank card
Nomad Living is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 5: Delivery and execution of the agreement
The ordered products will be shipped as soon as possible after reception of your payment.
This is an average 2 working days after placing your order.
Incorrect delivery addresses are the sole responsibility of the customer and may give rise to additional delivery costs.
The stated sales prices are always exclusive of delivery costs, unless stated otherwise.
Articles ordered via our website will be delivered by DPD.
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Nomad Living.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Nomad Living.
Article 6: Retention of title
Delivered articles remain the exclusive property of Nomad Living until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Nomad Living, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Nomad Living.
The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.
To exercise the right of withdrawal, the Customer must notify Nica De Voster, Dorpstraat 2A, 2811 Leest - +32 477 6 93 48 – [email protected] in an unambiguous statement (e.g. in writing by post, fax or e-mail) about their decision to withdraw from the agreement. If you have an account with Nomad Living, you may declare your return shipment via this account. When you do not have an account with Nomad Living, please send an e-mail to [email protected] to signal your return shipment.
To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In any event, the Customer has no later than 14 calendar days from the day that they notify
Nomad Living of their decision to withdraw from the agreement to send back or hand over the goods to Nomad Living to Nica De Voster (Nomad Living), Dorpstraat 2A, 2811 Leest België. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.
The direct costs for returning the goods shall be borne by the Customer.
In case of eventual returns, the customer is requested to return articles in original state and packaging, including all delivered accessories and user notices. Please use and include the RETURN FORM (click here). If the returned product is reduced in value in any way, Nomad Living is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.
If the Customer withdraws from the agreement, Nomad Living shall repay all payments received from the Customer up until that time with a maximum of 14 calendar days of the date that Nomad Living was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, Nomad Living may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.
Nomad Living shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.
The Customer may not exercise the right of withdrawal for the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.
Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Nomad Living customer service ([email protected]) and to return the product at their own expense to Nomad Living.
Upon detection of a deficiency, the Customer must inform Nomad Living as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
Article 9: Customer service
Nomad Livings customer service can be reached at phone number +32 477 63 93 48, via e-mail at [email protected] or by mail at the following address Dorpstraat 2A, 2811 Leest Belgium. Any complaints can be made through the aforementioned customer services contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that Nomad Living is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, Nomad Living is entitled to take back the unpaid or incompletely paid for articles.
Article 11: Privacy
The customer is responsible for keeping his login data and password confidential.
Nomad Living has no access to your password as it is stored coded.
Which personal data do we process?
When you are a customer or a professional client, Nomad Living will process following personal data:
- Name and contact data (address, phone and e-mail)
- Eventual user name or account data
- Information about the purchased products and your order history
When you are a supplier to Nomad Living, we shall process the name, contact data, function of your employee and other data necessary to be able to handle the services we purchase from your company.
When you are a candidate employee for Nomad Living, we shall process all data that you give us by means of your curriculum vitae, motivation letter and any other information you give us during interviews.
How do we collect personal data?
Nomad Living only collects data that are supplied by you, given to us by the use of our website and purchased products.
We can also receive and process information from authorities or justice but only with regard to pursue our legitimate interests (f.i. collection of invoices, claiming compensation). We do this only when you are aware of this.
When you share Nomad Living information to third parties, we presume that those third parties agree that we process their information the same way as we treat your personal data.
For what purpose do we use your personal data?
Nomad Living uses persona data for customer and order management:
- To assure that we can deliver your purchase;
- To inform you about your purchase and eventual return of it;
- To be able to issue invoices;
- To inform you about our services and to send marketing and personalised advertisement;
- To evaluate our service;
- To be able to answer your questions and to communicate with you;
- To pursue our own interests (f.i. payment of invoices, rebuttal of liability claims, claiming compensation).
Nomad Living keeps online history records of visitor’s statistics to our website to be able to analyse which pages are looked for in preference.
Nomad living continuously works to improve its services and products. In some cases, personal data are used for this purpose.
Nomad Living is also active on social media. When you contact us via social media, we will use your personal data to be able to correspond with you, answer your questions, hear your opinion, inform you about results of our sales actions etc.
When you are a candidate employee for Nomad Living, Nomad Living may use your personal data to verify if you are a good match with our enterprise.
Nomad living also processes personal data to be able to comply with legal obligation and eventual reasonable questions from authorities.
When processing personal data, Nomad Living invokes the necessity to process these personal data in order to be able to render you good services, or when necessary on a legal obligation or for the sake of legitimate interest. (f.i. the proper management of our customer base, the follow-up of our stock).
Who has access to your personal data?
Nomad Living will share your personal data with your permission, when necessary to give your perfect services of when legally obliged.
When you place an order and finalises a purchase thru the Nomad Living web shop, your payment is processed by an external payment service provider. Financial data given to you via this secured website are not collected or processed by us.
Nomad Living may share your personal data with others who are directly or indirectly linked to Nomad Living or with third parties who process data on our behalf. When these service providers act as data processors on our behalf, Nomad Living ill not authorise that they use or share your personal data in a way that does not comply with our own privacy declaration.
It is expected that those receivers take the necessary technical and organizational measures to protect your personal data.
Nomad Living will not sell or release your personal data to third parties, except in the cases described in our privacy declaration and mentioned to you at the moment of data collection.
In following cases Nomad Living may be compelled to share your personal data:
- When a certain legislation or legal process requires us to do so;
- In the context of an investigation into suspected or current fraudulent and illegal activities;
- When this is necessary for the defence of our own interests (f.i. in the context of legal proceedings)
Nomad Living reserves the right to transfer personal data in the event Nomad Living sells the company or its capital as a whole or partly. If such a sale of company would occur, all measures will be implemented to assure that the new owner will process your personal data according to our own privacy declaration.
Should this be necessary in order to achieve the stated objectives, the customer's personal data will be shared with other companies within the European Economic Area that are directly or indirectly connected to Nomad Living or with any other partner of Nomad Living.
Nomad Living guarantees that these recipients will take the necessary technical and organisational measures for the protection of personal data.
Personal data processed for customer management will be stored for the time necessary to satisfy legal requirements (in terms of bookkeeping, among others).
All personal data will be deleted after a period of 10 years after ending any collaboration or last contact, except in the case of an ongoing dispute.
What are your rights?
In accordance with the European Regulation 2016/679 dealing with the protection of personal data of natural persons and dealing with the free movement of this information, you are entitled to inspect your personal data and can correct it or have it corrected if it is incorrect or incomplete or have it removed.
Furthermore, the customer is entitled to obtain a copy (in a structured, standard and mechanically readable form) of their personal details and to have said personal details forwarded to another company.
In order to exercise the aforementioned rights, the customer is requested to:
- Adjust the settings of their customer account; and/or
- Send an e-mail to the following address: [email protected]
The customer is entitled to object free of charge to the processing of their personal data aimed at marketing.
When the customer has a request, a question or a complaint about the processing of his personal data, he can direct these to Nica de Voster via [email protected], with copy of his identity card.
Nomad Living undertakes to respond to these requests and complaints in a timely matter.
The customer has the right to file a complaint with the Belgian Privacy Protection Commission (35 Rue de la Presse, 1000 Brussels - [email protected]).
You may visit the Nomad Living website without sharing personal data. In that case there is however a possibility that some data are collected by means of cookies and stored on your computer’s hard drive. A cookie is a text file placed by a website server in your computer’s browser or on your mobile device, whenever you visit a website. Cookies cannot be used to identify people; a cookie can only identify a machine.
With the help of the cookies, the use of the website may be faster and more efficient. The cookies cannot harm your computer or your files.
‘First-party cookies’ are technical cookies that are used by the visited site itself and that are intended to enable the site to function optimally. Example: settings adjusted by the user during previous visits, or: a form with data previously completed by the user during prior visits.
‘Third-party cookies’ are cookies that do not originate from the website itself, but from third parties, e.g., marketing or advertising plug-ins. (For example, Facebook or Google Analytics cookies. For such cookies the visitor to the website must first give consent, which can take place through a bar at the top or bottom of the website, with reference to said policy, which nonetheless does not prevent further browsing on the website.
You can adjust the settings on your Internet browser so that cookies are not accepted, that you receive a warning whenever a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this through your browser’s settings (using the help function). Do take into account that specific graphic elements may not appear correctly or that you will be unable to use specific applications.
Article 13: Invalidation - non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Nomad Living to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Nomad Living. In case of inconsistencies, the present Terms take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law - jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Nomad Living district have jurisdiction in the case of any disputes.