Terms of service

Article 1 – Definitions

For the purposes of these Terms & Conditions, the following definitions apply:

NOMIVARA: the sole proprietorship NOMIVARA, established in the Netherlands and registered with the Dutch Chamber of Commerce, offering products to customers through its online store.

Customer: any natural person acting for purposes outside their trade, business, craft or profession.

Agreement: any agreement concluded between NOMIVARA and the customer through the online store.

Online Store: the online shop operated by NOMIVARA through which products are offered.

Product(s): all products offered through the online store.

Order: any order placed by a customer through the online store.

Business Days: Monday through Friday, excluding official public holidays in the Netherlands.

In Writing: communication by email or any other durable electronic means of communication.

 

 

Article 2 – Identity of the Business

NOMIVARA

Sole Proprietorship

Chamber of Commerce (KvK) Number: 42109523

VAT Identification Number: NL005499829B33

Email: info@nomivara.com

Website: www.nomivara.com

 

 

Article 3 – Applicability

3.1 These Terms & Conditions apply to every offer made by NOMIVARA and to every agreement concluded between NOMIVARA and a customer through the online store.

3.2 By placing an order, the customer confirms that they have read and accepted these Terms & Conditions.

3.3 Any deviations from these Terms & Conditions shall only be valid if expressly agreed to in writing by NOMIVARA.

3.4 If any provision of these Terms & Conditions is found to be invalid, void, or unenforceable in whole or in part, the remaining provisions shall remain in full force and effect. In such case, NOMIVARA and the customer shall replace the invalid provision with one that most closely reflects its original purpose and intent.

3.5 If NOMIVARA does not immediately enforce any provision of these Terms & Conditions, this shall not constitute a waiver of its right to enforce that provision at a later time.

3.6 All agreements shall be governed exclusively by Dutch law, subject to the mandatory consumer protection provisions arising under applicable European legislation.

Article 4 – Offers & Product Information

4.1 NOMIVARA takes the utmost care to ensure that all information provided on the online store is accurate and complete. Despite these efforts, obvious errors, inaccuracies or technical mistakes may occur. NOMIVARA shall not be bound by obvious errors, including pricing, typographical or programming errors.

4.2 All images, photographs, videos, product descriptions, size charts and other product information are intended to provide the most accurate representation of the products possible. However, no rights may be derived from such information.

4.3 Colours may vary due to, among other things, screen settings, display quality, lighting conditions or the device used to view the online store. Such colour variations do not constitute a defect in the product.

4.4 All dimensions and sizing information are provided for guidance only. Minor variations in measurements, fit or weight may occur as a result of the manufacturing process and shall not constitute grounds for a complaint or compensation.

4.5 Products may differ slightly from the images displayed on the online store, including minor variations in colour shade, pattern placement, finishing, stitching, buttons, zippers, labels or other details that do not affect the normal use of the product.

4.6 Images featuring outfits, styling combinations or accessories are for illustrative purposes only. Unless expressly stated otherwise, any accessories or additional products shown are not included with the purchase.

4.7 NOMIVARA reserves the right to modify its product range, product information, prices and product availability at any time.

4.8 If, after an order has been placed, a product unexpectedly becomes unavailable, NOMIVARA will inform the customer as soon as reasonably possible. Any amounts already paid for the unavailable product will be refunded using the original payment method, unless otherwise agreed.

4.9 Obvious pricing errors, technical malfunctions or other evident mistakes on the online store shall not entitle the customer to purchase a product at the incorrect price or under incorrect conditions. In such cases, NOMIVARA reserves the right to cancel the order or, where possible, offer an appropriate alternative.

4.10 While NOMIVARA strives to keep all information on the online store accurate and up to date, it cannot guarantee that all information is complete, accurate or current at all times.

 

 

Article 5 – Formation of the Agreement

5.1 All offers displayed on the online store are non-binding and subject to availability, unless expressly stated otherwise.

5.2 An agreement is concluded once NOMIVARA accepts the customer's order. The automatic order confirmation sent by email after an order has been placed serves solely as confirmation that the order has been received and does not constitute final acceptance of the agreement.

5.3 NOMIVARA reserves the right to refuse or cancel an order, in whole or in part, where there are reasonable grounds for doing so, including but not limited to:

  • obvious pricing, typographical, calculation or system errors;

  • technical malfunctions or errors affecting the online store;

  • incorrect or incomplete information provided by the customer;

  • suspected fraud, misuse or unauthorised use of payment methods;

  • circumstances that reasonably prevent fulfilment of the order.

5.4 If NOMIVARA refuses or cancels an order pursuant to Article 5.3, the customer will be informed as soon as reasonably possible. Any payments already received will be refunded using the original payment method, unless otherwise agreed.

5.5 Where reasonably necessary, NOMIVARA reserves the right to request additional information or verification from the customer before processing or dispatching an order. If the requested information is not provided within a reasonable period, NOMIVARA may decide not to process the order.

5.6 If an ordered product becomes unavailable due to circumstances beyond NOMIVARA's reasonable control, the customer will be informed as soon as reasonably possible. In such cases, the customer shall be entitled to a refund of any amount paid for the unavailable product.

5.7 NOMIVARA reserves the right to review and, where there are reasonable grounds, refuse or cancel orders that objectively present an increased risk of fraud, misuse or resale.

5.8 Obvious mistakes or errors in an offer, including evident pricing, textual or system errors, shall not result in a binding agreement where the customer reasonably should have recognised that such an error had occurred.

5.9 NOMIVARA reserves the right to refuse future orders, restrict customer accounts or discontinue further services where there are objective and reasonable grounds for doing so. Such grounds include, but are not limited to, repeated suspicion of fraud, abuse of the return or withdrawal process, repeated unfounded claims regarding missing shipments or payments, repeatedly returning damaged or clearly used products, threatening or abusive behaviour towards staff, or any other conduct that reasonably causes NOMIVARA to lose confidence in the continuation of the commercial relationship. This provision does not affect any statutory rights of the customer.


 

 

Article 6 – Prices

6.1 All prices displayed on the online store are stated in euros (€) and include VAT, unless expressly stated otherwise.

6.2 Any shipping charges or other additional costs will be clearly displayed before the customer completes the order.

6.3 The price displayed on the online store at the time the order is placed shall apply to that order, unless an obvious pricing or system error as referred to in these Terms & Conditions has occurred.

6.4 NOMIVARA reserves the right to change prices, shipping costs, promotions and offers at any time. Such changes shall not affect agreements already concluded, except in the case of obvious errors or where required by law.

6.5 If changes in applicable legislation, including VAT rates or other government-imposed charges, affect the price of a product, NOMIVARA reserves the right to adjust its prices accordingly in compliance with applicable law.

6.6 Discount promotions, special offers and temporary campaigns are valid only for the stated promotional period or while stocks last, unless expressly stated otherwise.

6.7 Obvious pricing, calculation, typographical, system or programming errors shall not entitle the customer to purchase a product at the incorrect price.

6.8 Where a customer reasonably should have recognised that a displayed price was clearly incorrect, no rights may be derived from that price.

Article 7 – Payment

7.1 Orders will only be processed once payment has been successfully authorised or received through one of the payment methods offered on the online store.

7.2 NOMIVARA only offers the payment methods displayed during the checkout process. Payment by invoice or payment after delivery is only available if such payment method is expressly offered at the time the order is placed.

7.3 The customer is responsible for providing accurate payment information and ensuring that the selected payment method can be used successfully.

7.4 If a payment is declined, cancelled, reversed or otherwise fails to be completed successfully, NOMIVARA shall not be obliged to process or dispatch the order.

7.5 NOMIVARA reserves the right to temporarily suspend or cancel an order where there are objective indications of fraud, misuse, unauthorised use of a payment method or other payment-related irregularities.

7.6 Any refunds will, where legally permitted, be issued using the same payment method used for the original transaction, unless otherwise agreed or required by law.

7.7 Any fees charged to the customer by banks, financial institutions or payment providers are the sole responsibility of the customer and shall not be borne by NOMIVARA.

7.8 Where a refund is issued following the cancellation or return of an order, only the amount to which the customer is legally or contractually entitled shall be refunded.

7.9 To the extent permitted by law, the customer shall not be entitled to suspend any payment obligation or set off any alleged claim against NOMIVARA.

 

 

Article 8 – Delivery

8.1 NOMIVARA currently delivers exclusively to addresses within the Netherlands.

8.2 NOMIVARA aims to process orders placed on Business Days as quickly as possible and, in principle, hand them over to the carrier within one (1) Business Day after payment has been received. This timeframe is an estimate only and shall not be regarded as a guaranteed delivery deadline.

8.3 Any delivery times provided are estimates. Delays in delivery shall not entitle the customer to compensation, cancellation of the agreement or any other remedy, unless otherwise required by mandatory law.

8.4 Orders will be delivered to the delivery address provided by the customer. The customer is responsible for providing a complete and accurate delivery address.

8.5 If an order cannot be delivered due to an incorrect or incomplete delivery address, failure to collect a parcel in time or any other circumstance attributable to the customer, NOMIVARA reserves the right to charge reasonable additional shipping or administrative costs for a new delivery, where legally permitted.

8.6 Once an order has been handed over to the carrier, the customer will receive a shipping confirmation and, where available, Track & Trace information. The availability and accuracy of tracking information depend on the carrier.

8.7 Once an order has been handed over to the carrier, it can no longer be cancelled. If the customer no longer wishes to keep the order after it has been dispatched, the customer may only exercise the statutory Right of Withdrawal and must follow NOMIVARA's return procedure, provided the applicable legal requirements are met.

8.8 If delivery is temporarily impossible due to force majeure, supplier delays, logistical issues or other circumstances beyond NOMIVARA's reasonable control, delivery will be carried out as soon as reasonably possible. NOMIVARA shall not be liable for any resulting delay, except where mandatory law provides otherwise.

8.9 If an order consists of multiple products, NOMIVARA reserves the right to deliver the products in separate shipments where reasonably necessary. The customer will not incur any additional shipping charges as a result.

8.10 The risk of loss or damage to the products passes to the customer once the products have been delivered to the customer, or to a third party designated by the customer, in accordance with the applicable legal provisions.

8.11 If a shipment arrives visibly damaged or incomplete, the customer is requested to notify NOMIVARA as soon as reasonably possible after delivery so that an appropriate solution can be arranged. Failure to do so immediately shall not affect the customer's statutory rights.

Article 9 – Right of Withdrawal

9.1 The customer has the right to withdraw from an agreement relating to the purchase of a product within fourteen (14) days without giving any reason, in accordance with applicable law.

9.2 The withdrawal period begins on the day after the customer, or a third party designated by the customer other than the carrier, receives the product.

9.3 To exercise the Right of Withdrawal, the customer must notify NOMIVARA of their decision to withdraw from the agreement by means of an unequivocal statement within the statutory withdrawal period.

9.4 Once the customer has notified NOMIVARA of the withdrawal, the product must be returned to NOMIVARA no later than fourteen (14) days thereafter.

9.5 During the withdrawal period, the customer shall handle both the product and its packaging with due care. The customer may only inspect and handle the product to the extent necessary to establish its nature, characteristics and functioning, as would be permitted in a physical retail store.

9.6 If the product has been used beyond what is necessary to determine its nature, characteristics and functioning, the customer may be held liable for any resulting diminution in value.

9.7 Once the statutory conditions for withdrawal have been met, NOMIVARA will process the refund in accordance with the applicable legal requirements.

9.8 The statutory Right of Withdrawal does not affect any other legal rights available to the customer.

9.9 The Right of Withdrawal applies only where the customer is entitled to such right under applicable law. Any statutory exceptions to the Right of Withdrawal shall remain fully applicable.

9.10 If a returned product does not meet the statutory conditions for withdrawal and NOMIVARA decides to return the product to the customer, the reasonable costs of returning the product shall be borne by the customer. Where NOMIVARA has advanced the cost of the return shipping label, it shall be entitled, to the extent permitted by law, to charge the customer for those costs as well as the cost of returning the product to the customer.

9.11 NOMIVARA will retain a rejected return for a reasonable period. If, despite being requested to do so, the customer does not arrange for the product to be returned or fails to pay the applicable costs, NOMIVARA shall be entitled to store the product for a reasonable period of at least sixty (60) days after the customer has been notified in writing.

 

 

Article 11 – Warranty and Legal Conformity

11.1 NOMIVARA does not provide any additional commercial warranty on its products unless expressly agreed otherwise in writing.

11.2 The absence of an additional commercial warranty does not affect the customer's statutory rights, including the right to receive products that conform to the agreement.

11.3 Customers are requested to inspect their products as soon as reasonably possible after delivery for any visible damage, defects or inaccuracies and to notify NOMIVARA of any complaints within a reasonable period. Failure to report a complaint immediately does not affect the customer's statutory rights but may delay the handling of the complaint.

11.4 If the customer believes that a product does not conform to the agreement, they shall give NOMIVARA the opportunity to inspect both the complaint and the product before claiming an appropriate statutory remedy.

11.5 If it is established that a product does not conform to the agreement and the complaint is justified, NOMIVARA will provide an appropriate remedy in accordance with applicable law, which may include repair, replacement, a price reduction or a refund, depending on the circumstances and where legally required.

11.6 Normal wear and tear, damage resulting from improper use, careless handling, failure to follow the care or washing instructions, alterations made to the product or any other cause not attributable to NOMIVARA shall not constitute a lack of legal conformity.

11.7 Minor differences inherent to the nature of the product or already described in Article 4 of these Terms & Conditions, including slight variations in colour, size or finishing, shall not in themselves constitute a defect, provided the product complies with the applicable legal conformity requirements.

 

 

Article 12 – Discount Codes, Promotions and Gift Cards

12.1 Discount codes, promotions and other special offers are valid only for the promotional period specified and subject to the applicable promotional terms.

12.2 Unless expressly stated otherwise, discount codes cannot be combined with other discount codes, promotions or special offers.

12.3 Discount codes may only be used once per order unless expressly stated otherwise.

12.4 Discount codes must be applied during checkout and cannot be applied retrospectively to orders that have already been placed.

12.5 Discount codes cannot be exchanged for cash, store credit or any other form of monetary compensation.

12.6 NOMIVARA reserves the right to amend, suspend or terminate any discount code, promotion or special offer where there are reasonable grounds for doing so, without affecting orders that have already been validly placed.

12.7 Where there is reasonable suspicion of fraud, misuse, improper use or a breach of the applicable promotional terms, NOMIVARA reserves the right, to the extent permitted by law, to invalidate a discount code, refuse an order or revoke the discount granted.

12.8 If an order is returned in whole or in part and the conditions of the applied promotion are no longer met, NOMIVARA reserves the right, to the extent permitted by law, to recalculate the discount and deduct the corresponding amount from the refund.

12.9 Gift cards are valid only under the conditions and validity period stated on the gift card. Gift cards cannot be redeemed for cash unless required by law.

12.10 NOMIVARA reserves the right to exclude specific products, collections or categories from discount promotions. Where applicable, this will be clearly stated in the relevant promotion.

12.11 Discount codes may not be resold, publicly shared or used for commercial purposes without the prior written consent of NOMIVARA. NOMIVARA reserves the right to invalidate any such discount code where this provision is breached.

Article 13 – Liability

13.1 NOMIVARA's liability shall be limited to the extent provided for in these Terms & Conditions and only to the extent permitted by mandatory law.

13.2 NOMIVARA shall only be liable for direct damage resulting directly from an attributable failure to perform the agreement or any other legal basis of liability that cannot lawfully be excluded or limited.

13.3 To the extent permitted by law, NOMIVARA shall not be liable for indirect or consequential damages, loss of profits, loss of savings, loss of data or any other form of financial loss.

13.4 NOMIVARA shall not be liable for delays or failures resulting from the acts or omissions of carriers, payment providers or other third-party service providers, unless such damage is attributable to NOMIVARA.

13.5 NOMIVARA shall not be liable for any damage resulting from incorrect, incomplete or outdated information provided by the customer, including an incorrect delivery address or incorrect contact details.

13.6 NOMIVARA shall not be liable for damage resulting from improper use of a product, failure to follow care or washing instructions, normal wear and tear, careless handling or alterations made to the product after delivery by or on behalf of the customer.

13.7 If a customer chooses to wash, treat or otherwise use a product before it has been established whether a defect exists, this is done at the customer's own risk. As a result, it may become impossible for NOMIVARA to determine the product's original condition or the nature of the alleged defect. This does not affect the customer's statutory rights.

13.8 NOMIVARA strives to ensure that its online store operates securely and correctly but cannot guarantee uninterrupted availability or the absence of technical errors or interruptions. To the extent permitted by law, NOMIVARA shall not be liable for any damage resulting therefrom.

13.9 If, notwithstanding the provisions of these Terms & Conditions, NOMIVARA is found to be liable, such liability shall be limited to the amount paid out under NOMIVARA's liability insurance. If, for any reason, no payment is made under such insurance, liability shall be limited to the amount paid by the customer for the relevant product or order, to the extent permitted by law.

13.10 The limitations of liability set out in this Article shall not apply where the damage results from wilful misconduct, deliberate recklessness or where the exclusion or limitation of liability is not permitted under mandatory law.

13.11 NOMIVARA shall not be liable for minor variations that are inherent to textile products, provided such variations do not constitute a legal defect and have already been described in Article 4 of these Terms & Conditions.

 

 

Article 14 – Force Majeure

14.1 NOMIVARA shall not be required to fulfil any obligation where it is prevented from doing so due to force majeure as defined by law or any circumstance beyond its reasonable control.

14.2 Force majeure includes, but is not limited to:

  • natural disasters, extreme weather conditions and flooding;

  • fire, explosions or other emergencies;

  • war, terrorism, riots or civil unrest;

  • pandemics, epidemics or government measures;

  • strikes or labour disputes;

  • failures of electricity, internet or telecommunications networks;

  • cyberattacks, hacking, malware or other serious cybersecurity incidents;

  • failures affecting hosting providers, payment providers or other IT service providers;

  • delays or failures involving carriers, logistics partners or suppliers;

  • import or export restrictions;

  • unexpected shortages of products or raw materials;

  • any other circumstance beyond NOMIVARA's reasonable control.

14.3 During a force majeure event, NOMIVARA's obligations shall be suspended for the duration of the force majeure situation.

14.4 If the force majeure situation is expected to continue for an extended period or permanently prevents the performance of the agreement, NOMIVARA shall be entitled to terminate the agreement in whole or in part without being liable for any damages, to the extent permitted by law.

14.5 Where reasonably possible, NOMIVARA will inform the customer as soon as reasonably practicable of the force majeure situation and its expected impact on the performance of the agreement.

14.6 If, at the time the force majeure event occurs, NOMIVARA has already fulfilled part of its obligations or can only partially fulfil them, NOMIVARA shall be entitled to invoice or perform the completed part separately, provided this is reasonable and does not unreasonably disadvantage the customer.

 

 

Article 15 – Intellectual Property

15.1 All intellectual property rights relating to the online store and its content are owned by NOMIVARA or its licensors, unless expressly stated otherwise.

15.2 Such content includes, but is not limited to:

  • the trade name NOMIVARA;

  • the logo and brand identity;

  • product photographs, lifestyle images and other visual content;

  • videos;

  • product descriptions;

  • collection descriptions;

  • texts, designs, graphic elements and all other content displayed on the online store;

  • content published on social media.

15.3 Without the prior written consent of NOMIVARA, it is not permitted to copy, reproduce, publish, distribute, modify or otherwise use, in whole or in part, any content referred to in this Article, except where permitted by mandatory law.

15.4 Placing an order or using the online store does not grant the customer any intellectual property rights or other rights of use relating to the content of the online store, other than those necessary for the normal use of the website.

15.5 If NOMIVARA becomes aware of a possible infringement of its intellectual property rights, it reserves the right to take appropriate legal or extrajudicial action.

 

 

Article 16 – Privacy

16.1 NOMIVARA processes personal data in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR).

16.2 Information regarding the processing of personal data, the purposes of processing, retention periods and the rights of data subjects can be found in NOMIVARA's Privacy Policy.

16.3 The most up-to-date version of the Privacy Policy is available on the online store.

 

 

Article 17 – Complaints

17.1 NOMIVARA strives to provide high-quality products and services. If the customer has a complaint, they are requested to notify NOMIVARA as soon as reasonably possible using the contact details provided on the online store.

17.2 NOMIVARA will assess the complaint within a reasonable period and will inform the customer as soon as reasonably practicable regarding the further handling of the complaint.

17.3 If a complaint cannot be resolved by mutual agreement, the customer may submit the dispute to the competent court or another competent authority in accordance with applicable law.

 

 

Article 18 – Governing Law and Disputes

18.1 All agreements between NOMIVARA and the customer shall be governed exclusively by Dutch law, subject to the mandatory provisions of applicable consumer protection legislation.

18.2 The parties shall endeavour to resolve any disputes amicably before initiating legal proceedings.

18.3 If a dispute cannot be resolved amicably, it shall be submitted to the competent court in accordance with the applicable legal provisions.

 

 

Article 19 – Final Provisions

19.1 NOMIVARA reserves the right to amend or supplement these Terms & Conditions from time to time.

19.2 Any amendments shall not apply to agreements already concluded unless required by law or expressly agreed otherwise by the parties.

19.3 The most recent version of these Terms & Conditions will always be available on the online store.

19.4 If one or more provisions of these Terms & Conditions are found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. In such event, the parties shall replace the invalid provision with one that most closely reflects its original purpose and intent.

 

 

Article 20 – Additional Provisions

20.1 Retention of Title

All products supplied by NOMIVARA shall remain the property of NOMIVARA until the customer has fulfilled all payment obligations relating to the relevant order in full.

If a payment is reversed, cancelled or otherwise invalidated after the products have already been delivered, NOMIVARA reserves the right, to the extent permitted by law, to take appropriate measures to protect its ownership rights.

20.2 Set-Off

To the extent permitted by law, the customer shall not be entitled to suspend any payment obligation or set off any alleged claim against NOMIVARA.

Where applicable, the Return Policy published on the online store forms an integral part of these Terms & Conditions.

Version: 1.0

Last updated: 7 August 2026