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Terms of Use

Article 1 – Definitions

The following definitions apply in these terms and conditions:

Withdrawal period: the period during which the consumer can exercise their right of withdrawal.

Consumer: a natural person who is not acting for purposes related to their trade, business, or profession and who enters into a distance contract with the trader.

Day: calendar day.

Ongoing agreement: a distance contract concerning a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.

Durable medium: any resource which enables the consumer or trader to store information addressed personally to them in a way that allows future access and unchanged reproduction.

Right of withdrawal: the consumer's opportunity to withdraw from the distance contract within the withdrawal period.

Trader: a natural or legal person who offers products and/or services remotely to consumers.

Distance contract: a contract concluded as part of an organised system for distance selling of products and/or services, where only one or more means of distance communication are used up to and including the conclusion of the contract.

Distance communication: a tool that can be used to conclude a contract without the consumer and trader being simultaneously present in the same place.

General terms and conditions: these general terms and conditions for the trader.

Article 2 – Trader’s Identity

Trading name:
NestBirdy

Customer service email:
support@nestbirdy.com

Article 3 – Application

These general terms and conditions apply to every offer from the trader and every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it shall be stated where the conditions can be read and that they will be sent free of charge to the consumer upon request.

If the contract is concluded electronically, the terms and conditions may, in deviation from the above, also be provided electronically in such a way that the consumer can store them on a durable medium. If this is not possible, it shall be stated where the conditions can be read electronically and that they will be sent free of charge upon request.

If both these general terms and conditions and specific product or service conditions apply, the second and third paragraphs apply accordingly. In the event of conflicting provisions, the most favorable provision for the consumer applies.

If any provision in these terms is invalid, the remaining agreements and terms will continue in force, and the provision will be replaced by an agreed provision that as closely as possible fulfills the original intent.

Terms not regulated in these terms shall be interpreted in accordance with the spirit of the terms.

Any ambiguities in the interpretation of these terms and conditions shall be resolved according to their spirit.

Article 4 – Offer

If an offer has a limited validity period or special conditions, this shall be clearly stated in the offer.

The offer is not binding. The trader has the right to change the offer.

The offer contains a precise and complete description of the offered products and/or services. The description must be detailed enough for the consumer to properly assess the offer. Images must be truthful. Obvious errors do not bind the trader.

All images and data are indicative and do not entitle to compensation or termination of the agreement.

Product images’ colors may differ from reality.

The offer must clearly state:

  • price (excluding customs and import VAT, which are paid by the customer);
  • shipping costs;
  • how the contract is concluded and what actions are required;
  • whether the right of withdrawal applies;
  • terms of payment, delivery, and performance;
  • period for accepting the offer;
  • any additional costs for distance communication;
  • how the contract is stored and accessible;
  • the possibility to check and correct information before concluding the contract;
  • available languages;
  • ethical rules the trader follows;
  • minimum duration for ongoing contracts;
  • optional details: sizes, colors, materials.

Article 5 – Agreement

The contract is concluded when the consumer accepts the offer and fulfills the stated conditions.

If the consumer accepts the offer electronically, the trader shall immediately confirm receipt of the acceptance. The agreement is not binding until the confirmation has been sent.

For electronic contracts, the trader shall take appropriate technical and organizational measures to ensure security.

The trader may check the consumer's payment ability and other relevant factors for concluding the contract. If there is reason to refuse, the trader has the right to reject the order or set special conditions.

The following information accompanies the product or service:

  • address for complaints;
  • instructions on how to use the right of withdrawal or clear information if it does not apply;
  • warranty and service information;
  • the information stated in Article 4, paragraph 3 (if this has not already been provided);
  • terms for cancellation if the contract concerns ongoing or more than one-year-long agreements.

For recurring deliveries, this information is only provided the first time.

The agreement is concluded subject to the product’s availability.

Article 6 – Right of Withdrawal

The consumer has the right to withdraw from their purchase within 14 days without giving any reason. The withdrawal period starts the day after the product is received.

During this period, the consumer should handle the product carefully and only unpack it to the extent necessary to assess if they wish to keep it. If the right of withdrawal is used, the product must be returned in its original packaging with all accessories.

The right of withdrawal is exercised by notifying the trader in writing or by email within 14 days from receipt. The return must occur within 14 days after notification. The return must be provable, e.g., through a shipping receipt.

If the consumer does not comply with the time limits, the purchase is considered binding.

Article 7 – Costs in Case of Withdrawal

When exercising the right of withdrawal, the consumer bears the cost of return shipping.

If the consumer has paid for the product, the amount will be refunded within 14 days from the withdrawal notification, provided the product has been returned or the return can be proven.

Article 8 – Exceptions from the Right of Withdrawal

The trader may exclude certain products and services from the right of withdrawal, provided this is clearly stated before the contract is concluded.

Exceptions apply to products:

  • made according to the consumer’s specifications;
  • that are clearly personal;
  • that, by their nature, cannot be returned;
  • that deteriorate or expire quickly;
  • whose price depends on market fluctuations;
  • for newspapers and magazines;
  • for sealed audio or video recordings and software where the seal has been broken;
  • for hygiene products where the seal has been broken.

Exceptions apply to services:

  • accommodation, transport, restaurant, or leisure services on specific dates;
  • if performance has begun with the consumer’s consent before the withdrawal period has expired;
  • betting and lotteries.

Article 9 – Price

During the period stated in the offer, prices do not change, except for changes in VAT.

Products whose price depends on market fluctuations may be excluded, and this is stated in the offer.

Price increases within three months from the conclusion of the contract are only allowed if due to law.

Price increases after three months are only permitted if:

  • they are due to legislation; or
  • the consumer has the right to terminate the contract from the day the price increase takes effect.

Delivery is considered from the country of origin (outside the EU) and no VAT is charged by the trader. Any customs duties or import VAT are charged by the carrier directly to the consumer.

Prices may contain printing errors. In such cases, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Compliance and Warranty

The trader guarantees that the products comply with the contract, the information stated in the offer, and legal requirements.

The warranty given by the trader, manufacturer, or importer does not limit the consumer’s legal rights.

Defects or faulty products must be reported within 14 days and returned in their original packaging.

The warranty corresponds to the manufacturer’s warranty, but the trader does not guarantee that the product is suitable for all purposes and is not responsible for usage instructions.

The warranty does not apply to products changed by the consumer or third parties, subjected to abnormal conditions, or used contrary to instructions.

Article 11 – Delivery and Execution

The trader processes orders with the utmost care.

The delivery address is the one provided by the consumer.

The trader delivers the products within 30 days at the latest, unless otherwise agreed. If delivery is delayed, the consumer has the right to terminate the agreement at no extra cost and receive a refund.

If the order cannot be delivered, the trader will try to offer a replacement product. This will be clearly stated. The right of withdrawal still applies. Return costs for the replacement product are paid by the trader.

The risk of damage or loss of the product passes to the consumer only upon delivery.

Article 12 – Contract Duration: Duration, Termination, and Extension

Termination
The consumer may terminate a contract entered into for an indefinite period and involving regular delivery of products (including electricity) or services at any time, observing the agreed notice period of no more than one month.

The consumer may terminate a contract entered into for a fixed period and involving regular delivery of products (including electricity) or services at the end of the fixed period, observing the agreed notice period of no more than one month.

The consumer may terminate the aforementioned contracts:

  • at any time and not only at a specific time or during a specific period;
  • at least in the same way as the contract was entered into;
  • always with the same notice period as the trader applies for themselves.

Extension
A contract entered into for a fixed period and involving regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

Notwithstanding the previous point, a contract entered into for a fixed period and involving regular delivery of daily newspapers, news, and weekly magazines may be automatically extended for up to three months, provided the consumer can terminate the extension with a notice period of no more than one month.

A contract entered into for a fixed period and involving regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract concerns regular (but less than once a month) delivery of daily newspapers, news, and weekly magazines.

A time-limited contract for regular delivery of daily newspapers, news, and weekly magazines in the form of an introductory offer (trial or introductory subscription) is not automatically extended and ends 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 reasonableness and fairness preclude termination before the end of the contract period.

Article 13 – Payment

Unless otherwise agreed, the consumer must pay the outstanding amount within 7 working days after the withdrawal period under Article 6.1 has started. For service contracts, this period runs from the time the consumer receives confirmation of the contract.

The consumer is obliged to immediately notify the trader of any inaccuracies in provided or stated payment information.

In case of non-payment, the trader has the right, subject to statutory restrictions, to charge reasonable costs that have been communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the contract must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defect.

Complaints received by the trader will be answered within 14 days of receipt. If a complaint requires a longer processing time, the trader will send a confirmation within 14 days with an estimate of when the consumer can expect a more detailed answer.

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

A complaint does not release the trader from their obligations, unless the trader notifies otherwise in writing.

If a complaint is found justified by the trader, the trader will, at their own discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

As a result of the measures introduced and tightened in 2024 regarding the "Amendment of the Turnover Tax Act 1968 (implementation of the Payment Services Act)", and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.