General Terms & Conditions

Definitions

1.1. In these Terms and Conditions:

(i) "General Terms and Conditions" refers to the general terms and conditions of Nooch.

(ii) "Customer" refers to a natural person purchasing a product or service from Nooch for non-business purposes.

(iii) "Nooch" refers to Nooch B.V., a private limited liability company registered at Harderwijkerweg 2-36, 6816 VA Arnhem, Chamber of Commerce registration number 88055256.

(iv) "Agreement" refers to the set of agreements between Nooch and the Customer for work, supplies, and/or services.

(v) "Website" refers to Nooch's website, accessible at https://nooch.earth/. 

Applicability

2.1. These General Terms and Conditions apply to all quotations, offers, Agreements, deliveries of goods, and services made through or on behalf of Nooch via the Website.

2.2. If any provision in these General Terms and Conditions is void or nullified in whole or in part, the remaining provisions shall remain fully applicable. Nooch and the Customer will collaborate to establish new provisions to replace the void or nullified ones, with due consideration for the original provisions' purpose.

2.3. Nooch's failure to strictly enforce these General Terms and Conditions on all occasions does not invalidate their applicability or Nooch's right to enforce them strictly in other cases.

2.4. If the Agreement contradicts these General Terms and Conditions, the Agreement takes precedence, and these General Terms and Conditions apply to the extent they do not conflict with the Agreement.

Offer and Formation of Agreement

3.1. The Agreement becomes effective when the Customer accepts the offer and fulfills its conditions. The Customer accepts the offer and its conditions by completing the entire ordering process on the Website.

3.2. If the Customer accepts the offer electronically, Nooch will promptly confirm receipt of the acceptance electronically. Until Nooch confirms receipt, the Customer may dissolve the Agreement.

3.3. Obvious errors or mistakes in Nooch's offer do not bind Nooch.

3.4. Specifications, photos, and other descriptions in Nooch's offers are for reference only and do not grant any rights to the Customer.

General Obligations of the Customer

4.1. The Customer must provide Nooch with all relevant data and documents for the Agreement's performance promptly and in advance when possible.

4.2. The Customer must ensure the correctness and completeness of data and provisions provided to Nooch. Timely delivery of these data and provisions is essential.

4.3. The execution period begins after Nooch receives the data and documents correctly and completely. Failure to provide them on time allows Nooch to suspend the execution period and seek damages for any resulting delays.

Prices and Payments

5.1. Nooch may assess the Customer's ability to meet payment obligations and investigate pertinent facts before entering into the Agreement. If Nooch has valid reasons to decline an order or impose special conditions due to this investigation, it can do so, providing reasons.

5.2. All prices on the Website are in euros and include VAT.

5.3. Nooch may adjust prices after Agreement formation. In such cases, the Customer can dissolve the Agreement upon the price increase's effective date.

5.4. Advance payment must be made before asserting any rights regarding the order or service(s).

5.5. The Customer must promptly report payment detail inaccuracies to Nooch.

5.6. Failure to meet payment obligations results in statutory interest and extrajudicial collection costs per the BIK Decree, provided Nooch has notified the Customer and granted a 14-day payment extension.

5.7. In cases of liquidation, bankruptcy, attachment, or suspension of payments, Nooch's claims become immediately due and payable.

Delivery and Execution

6.1. Nooch will perform the Agreement promptly, typically within 130 days, unless agreed otherwise.

6.2. Shipping costs are the Customer's responsibility and will be fully charged.

6.3. Delivery dates are indicative and not strict deadlines.

6.4. Delivery occurs at the Customer's specified address.

6.6. If there are delivery delays, the Customer will be notified within 30 days of order placement.

6.7. Risk of product damage/loss lies with Nooch until delivery to the Customer or a pre-designated representative, unless agreed otherwise.

6.8. Products remain Nooch's property until all Customer debts for current and previous orders are paid in full, in line with Article 3:92 of the Dutch Civil Code.

Returns & Exchanges

7.1. Unfortunately, shoe returns are not possible at Nooch. However, Nooch will attempt to find a new buyer for any returned shoes. If unsuccessful, Nooch may offer the Customer a discount on a new pair of shoes.

7.2. If the Customer receives the wrong shoe size, they may exchange the shoes for the correct size.

7.3. To initiate an exchange, the Customer should contact Nooch at returns@nooch.earth. Nooch will provide address details within 10 working days.

7.4. The Customer is responsible for the costs associated with exchanging shoes.

Warranties and Guarantee Procedure

8.1. Nooch guarantees that delivered goods meet private use standards and are free from defects.

8.2. Nooch products have a 6-month warranty from the delivery date.

8.3. Warranty requires presentation of an original proof of purchase.

8.4. If repair is needed after the warranty period, the Customer may use Nooch's repair options at their expense.

Force Majeure

9.1. Nooch can claim force majeure when circumstances beyond its control partially or wholly prevent or hinder Agreement performance.

9.2. Force majeure includes, in addition to statutory definitions, external factors beyond Nooch's control, including strikes, third-party failures, delivery issues, war, epidemics/pandemics, government restrictions, raw material scarcity, natural disasters, and health issues affecting Nooch personnel.

9.3. In case of Nooch's force majeure, obligations are suspended. If it persists beyond three months, either party can dissolve the Agreement in writing.

Liability Limitation

10.1. Nooch is not liable for damage arising from defects, Customer intent, or recklessness beyond normal use.

10.2. Liability for Agreement-related damage is limited to the relevant insurance payout, increased by the policy's excess.

10.3. Nooch is not liable for indirect damages, including lost profit, savings, trading losses, or third-party damages, nor for non-performance damages or immaterial damages.

10.4. Customer default causing damage results in Customer liability.

10.5. Customer indemnifies Nooch from third-party claims related to Agreement performance, bearing associated costs and damages.

10.6. Nooch remains liable for damage due to its intent or deliberate recklessness.

Suspension

11.1. Nooch can suspend Agreement obligations if the Customer fails to fulfill prior and current Agreement obligations.

Intellectual Property

12.1. Intellectual property rights for all delivered goods, services, offers, quotations, drawings, images, and text remain with Nooch or its authorized third parties. The Customer receives a non-exclusive, non-transferable right of use unless stated otherwise in writing.

12.2. The Customer shall not infringe Nooch's intellectual property rights.

12.3. The Customer ensures materials/data provided to Nooch do not violate third-party rights.

12.4. Copyright notices, trademarks, and intellectual property indicators must not be removed or altered.

12.5. The Customer must promptly inform Nooch of any intellectual property infringement by Nooch or third parties.

12.6. The Customer must cooperate with Nooch in taking legal action against third-party intellectual property infringement. 

Complaints Procedure

13.1. Complaints about Agreement performance must be submitted to Nooch promptly and clearly described.

13.2. Customers can send complaints to complaints@nooch.earth.

13.3. Nooch will respond to complaints within 10 working days of receipt or provide an estimated response time if longer.

Applicable Law and Disputes

14.1. Dutch law exclusively governs all Nooch legal relationships, regardless of the counterparty's domicile. Different legal systems require a written agreement signed by both parties.

14.2. The Vienna Sales Convention (CISG) does not apply.

14.3. Unless mandatory law dictates otherwise, the District Court of Gelderland in Arnhem, Netherlands, has exclusive jurisdiction for Agreement disputes. Parties can agree on a different competent court if no forum is designated.