General Terms and Conditions for Consumer Delivery

Version: 12/09/2022

Article 1 – Definitions

1.1 Provider: NoLongerLost B.V. (nolongerlost.com); Address: Bleiswijkseweg 37c, 2712PB Zoetermeer, Netherlands; Email: support@nolongerlost.com; Chamber of Commerce number: 66929989; VAT identification number: NL856757056B01; The Provider offers services and concludes Distance Agreements under the terms outlined in this document.
1.2 Counterparty: Any (legal) person, acting as a Consumer, who enters into a Distance Agreement with the Provider, requests or receives an offer, including their representatives, successors, and heirs.
1.3 Consumer: A natural person acting for purposes outside their trade, business, or professional activity.
1.4 Cooling-off Period: The period during which the Counterparty may exercise their right of withdrawal.
1.5 Digital Content: Data produced and supplied in digital form.
1.6 Distance Agreement: An agreement concluded between the Provider and the Counterparty within a system for remote sales or services without the simultaneous physical presence of the Provider and the Counterparty, where remote communication is used exclusively until the conclusion of the agreement.
1.7 Services: All current and future electronic, digital, or other services offered by the Provider, including websites, mobile versions, and embedded online stores.
1.8 NLL User: Any individual, including but not limited to the Counterparty, who makes any use of the Provider’s website, Digital Content, or Services.

Article 2 – Applicability

These terms apply to all offers, quotations, and Distance Agreements between the Provider and the Counterparty, where the Provider has declared these terms applicable, unless the parties have explicitly and in writing deviated from these terms.
These terms also apply to Distance Agreements for which the Provider must involve third parties for execution.
These terms also apply to the employees and management of the Provider.
The applicability of any purchasing or other terms and conditions of the Counterparty is expressly rejected.
If any provision in these general terms and conditions is found to be wholly or partially invalid or is annulled at any time, the remaining provisions of these general terms and conditions will remain fully applicable. The Provider and the Counterparty will consult to agree on new provisions to replace the invalid or annulled provisions, taking into account, as much as possible, the purpose and intent of the original provisions.
If there is uncertainty about the interpretation of one or more provisions of these terms, the interpretation shall take place in the spirit of these provisions.
If a situation arises between the parties that is not regulated in these terms, this situation shall be assessed in the spirit of these general terms and conditions.
If the Provider does not always demand strict compliance with these terms and conditions, this does not mean that the provisions of these terms do not apply, or that the Provider would in any way forfeit the right to demand strict compliance with the provisions of these terms in other cases.
Before a Distance Agreement is concluded, the text of these general terms and conditions will be made available to the Counterparty (digitally). If this is not reasonably possible, the Provider will indicate how the general terms and conditions can be inspected at the Provider's premises and that they will be sent free of charge to the Counterparty upon request.
When a Distance Agreement is concluded electronically, the text of these general terms and conditions can, contrary to the previous clause, be made available to the Counterparty electronically before the Distance Agreement is concluded, in such a way that the Counterparty can easily store them on a durable data carrier.

Article 3 – Offers and Quotations

All offers and quotations by the Provider are without obligation unless a term for acceptance is stated in the offer. An offer or quotation expires if the product to which the offer or quotation relates is no longer available.
The Provider cannot be held to its offers or quotations if the Counterparty could reasonably understand that the offers or quotations, or a part thereof, contain an obvious error or clerical error.
The prices mentioned in an offer or quotation exclude VAT and other government-imposed levies, any costs to be incurred in the context of the Distance Agreement, including travel, accommodation, shipping, and administrative costs, unless otherwise indicated.
If the acceptance deviates (whether or not on minor points) from the offer included in the quotation, the Provider is not bound by it. The Distance Agreement will not be concluded in accordance with this deviating acceptance, unless the Provider indicates otherwise.
A combined price quotation does not oblige the Provider to execute a part of the order for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.

Article 4 – Distance Agreement

The Distance Agreement is concluded at the moment of acceptance by the Counterparty of the Provider’s offer and compliance with the conditions set.
If the Counterparty has accepted the offer electronically, the Provider will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Provider, the Counterparty can dissolve the Distance Agreement.
If the Distance Agreement is concluded electronically, the Provider will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment.
Each Distance Agreement is entered into by the Provider under the suspensive condition that the buyer is sufficiently creditworthy for the financial fulfillment of the Distance Agreement, solely at the Provider’s discretion.
Any deviations from these terms and conditions by representatives or intermediaries of the Provider bind the Provider only if confirmed in writing.

Article 5 – Right of Withdrawal

The Counterparty may dissolve a Distance Agreement regarding the purchase of a product during a cooling-off period of 14 days without giving any reason. The Provider may ask the Consumer for the reason for withdrawal but cannot require the Consumer to state the reason(s).
The cooling-off period mentioned in paragraph 1 starts the day after the Counterparty, or a third party designated by the Counterparty who is not the carrier, receives the product, or:
1. If the Counterparty orders multiple products in the same order: the day the Counterparty, or a third party designated by them, receives the last product. The Provider may refuse an order of multiple products with different delivery times, provided this is clearly communicated before the ordering process.
2. If the delivery of a product consists of multiple shipments or parts: the day the Counterparty, or a third party designated by them, receives the last shipment or part.
3. For agreements involving regular delivery of products over a specified period: the day the Counterparty, or a third party designated by them, receives the first product.
During the cooling-off period, the Counterparty must handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics, and functionality, as would be allowed in a physical store.
The Counterparty is only liable for diminished value resulting from handling that exceeds what is permitted under paragraph 3.
If the Counterparty exercises their right of withdrawal, they must notify the Provider clearly and within the cooling-off period.
As soon as possible, but within 7 days after the notification referred to in paragraph 5, the Counterparty must return the product. The return period is deemed met if the Counterparty sends the product before the cooling-off period expires.
The Counterparty must return the product with all supplied accessories, in its original condition and packaging, and following any reasonable instructions provided by the Provider. The Counterparty bears the direct costs of returning the product.
The Counterparty assumes the risk and burden of proof for proper and timely exercise of the right of withdrawal.
The Provider will reimburse all payments made by the Counterparty, including any delivery costs charged by the Provider for the returned product, without delay but within 14 days following the day the Counterparty notifies the Provider of the withdrawal. The Provider may withhold reimbursement until receiving the product or proof of return, whichever occurs first.
Reimbursements will be made using the same payment method the Counterparty used, unless the Counterparty agrees to another method. The reimbursement is free of charge for the Counterparty.

Article 6 – Delivery Time and Risk

Agreed delivery times are never considered strict deadlines unless explicitly agreed otherwise in writing. Exceeding the delivery time does not entitle the Counterparty to compensation for any direct or indirect damages, unless due to gross negligence or misconduct by the Provider.
Delivery of goods is free to the Counterparty's specified location in the Netherlands or another location designated by the Counterparty. Ownership and risk transfer to the Counterparty upon delivery.
Unless agreed otherwise in writing, deliveries of goods outside the Netherlands are subject to shipping costs. For orders under €29.95, shipping costs are €3.95.

Article 7 – Deliveries

If goods with defects or incorrect items are delivered to the Counterparty, the Provider will collect these goods free of charge and issue a refund. If the error was made by the buyer, collection costs will be charged to the Counterparty.
If goods are refused at delivery due to the Counterparty’s fault, the incurred costs for return and redelivery will be charged to the Counterparty. If the Provider is at fault, no such costs will be charged.
Goods can only be returned under the following conditions:
1. The returned products are packed in complete boxes.
2. The returned box and its contents are undamaged.
3. The returned products retain their original coding/labeling.
4. The returned products are in their original and undamaged packaging.

Article 8 – Payment

Unless otherwise stipulated in the Distance Agreement or supplementary terms, amounts owed by the Counterparty must be paid within 14 days after the cooling-off period begins, or, if there is no cooling-off period, within 14 days after the conclusion of the Distance Agreement.
The Counterparty must promptly report inaccuracies in provided or stated payment details to the Provider.
If the Counterparty does not fulfill their payment obligations on time, they will owe statutory interest on the outstanding amount after being reminded by the Provider and given a 14-day period to make the payment. Additionally, the Provider may charge the Counterparty for extrajudicial collection costs.

Article 9 – Retention of Title

All items delivered by the Provider under a Distance Agreement remain the Provider's property until the Counterparty has fulfilled all obligations under the Agreement(s).
Delivered goods subject to retention of title may not be resold or used as payment. The Counterparty is not permitted to pledge or otherwise encumber these goods.
The Counterparty must take all reasonable measures to secure the Provider's ownership rights.
Third-party claims on goods subject to retention of title must be reported immediately to the Provider.

Article 10 – Complaints Procedure

The Provider has a publicly available complaints procedure and handles complaints in accordance with this procedure.
Complaints about the execution of a Distance Agreement must be submitted to the Provider fully and clearly described within a reasonable time after the Counterparty has discovered the defects.
Complaints submitted to the Provider will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the Provider will acknowledge receipt within 14 days and provide an estimate of when the Counterparty can expect a more detailed response.
The Counterparty must allow the Provider at least 4 weeks to resolve the complaint by mutual agreement. After this period, the dispute may be subject to dispute resolution.

Article 11 – Services

The NLL User is fully responsible for the use of their username/login code and password and for all actions performed via their account.
If the NLL User suspects unauthorized use of their login code, password, account, or identity, they must immediately notify the Provider. The Provider is entitled to take necessary measures to protect its website, services, and other NLL Users.
The following conditions apply to account creation:
1. The information provided during account creation must be accurate and complete.
2. NLL Users under 16 must have parental or legal guardian consent to create an account. By creating an account, the NLL User guarantees they are 16 or older or have obtained consent.
3. It is prohibited to create an account in another person’s name or to assume a false identity.
The NLL User is responsible for keeping their username/login code and password strictly confidential.
The NLL User is not permitted to allow third parties to access the Provider’s website using their account.
The Provider reserves the right to refuse, delete, or block access to an account, temporarily or permanently.
The Provider provides no guarantee for uninterrupted or unhindered use, freedom from interference, or freedom from infringement of third-party intellectual property rights, unless explicitly stated in these terms.
The Provider will maintain and secure its services with care but is not liable for any resulting damages.
The Provider reserves the right to modify, interrupt, add, remove, or otherwise alter its services at any time for any reason.

Article 12 – Liability

If the Provider is liable, such liability is limited to what is stipulated in this article.
The Provider is not liable for damages of any kind resulting from reliance on inaccurate or incomplete data provided by or on behalf of the Counterparty.
If the Provider is liable for damages, its liability is limited to a maximum of twice the invoice value of the purchase or the part of the purchase to which the liability relates.
In all cases, the Provider’s liability is limited to the amount paid out by its insurer in the event of a claim.
The Provider is only liable for direct damages.
Direct damages are exclusively defined as:
1. Reasonable costs incurred to determine the cause and scope of the damage, insofar as these relate to damage in the sense of these terms;
2. Reasonable costs incurred to ensure that the Provider’s performance meets the Distance Agreement, insofar as these are attributable to the Provider;
3. Reasonable costs incurred to prevent or limit damage, provided the Counterparty demonstrates that these costs resulted in the limitation of direct damage as described in these terms.
The Provider is never liable for indirect damage, including but not limited to consequential damage, lost profits, missed savings, or business interruption damage.
The liability limitations in this article do not apply in cases of intentional misconduct or gross negligence by the Provider or its managerial subordinates.

Article 13 – Intellectual Property

The Provider reserves all rights and powers granted to it under the Copyright Act and other intellectual property laws. The Provider is entitled to use any knowledge gained from executing the Distance Agreement for other purposes, provided no strictly confidential information of the Counterparty is disclosed to third parties.

Article 14 – Privacy Statement

The Provider will handle personal data as defined under the General Data Protection Regulation (GDPR) confidentially and in accordance with its Privacy Statement published on its website. The NLL User declares they have read and agree to the Privacy Statement.

Article 15 – Disputes

All Distance Agreements and related disputes between the Provider and the Counterparty (or NLL User) are exclusively governed by Dutch law, even if obligations are performed abroad or if one of the parties resides outside the Netherlands.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions may not disadvantage the Counterparty and must be documented in writing or in a manner accessible for storage on a durable data carrier.

Article 17 – Anonymous Chat

The Provider facilitates an anonymous chat feature for connecting parties, such as the finder and owner of a lost item. The Provider cannot be held liable for data shared through the anonymous chat. NLL Users are advised not to share personal information (e.g., addresses, contact details, identification, or bank information). If such information is shared, the Provider advises caution and refers to the GDPR and its Privacy Statement. The Provider will not use or process data shared in the chat beyond what is permitted under the GDPR and Privacy Statement.

Article 18 – Automatic Debit Payments

All payments are made via automatic debit unless otherwise agreed. The Counterparty is required to authorize the Provider for this. Authorization occurs during written confirmation of services by the Counterparty and/or the Provider. If the Counterparty revokes authorization without valid reason, or if the debit fails for reasons not attributable to the Provider, the Provider may charge collection costs (both judicial and extrajudicial) 14 days after the payment becomes due. Service may be immediately terminated if payment fails.

Article 19 – Filing and Changes to Terms

These terms are filed with the Chamber of Commerce.
The version in effect at the time the legal relationship with the Provider was established applies, unless a newer version has been filed.
The Dutch text of these general terms and conditions is decisive for their interpretation.