LEGAL

GENERAL TERMS AND CONDITIONS

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Last updated on 01/07/2025

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Article 1. Definitions

1.1. In these general terms and conditions, the capitalized terms have the following meanings, unless expressly stated otherwise or the context indicates otherwise:

• Customer: the consumer who places or wishes to place an order with New Nude via the website, email, or telephone;

• New Nude: the user of these general terms and conditions: New Nude, established at Liedeweg 9E, Haarlemmerliede, The Netherlands, registered in the trade register of the Chamber of Commerce under registration number 83905359 and with VAT number NL003888574B22;

• Agreement: the agreement between the Parties;

• Parties: the Customer and New Nude;

• Product: the product offered by New Nude or the product delivered or to be delivered by New Nude under the Agreement;

• Written: in writing or by email;

• Website: the website https://www.newnude.eu/ where New Nude offers and sells its Products.

1.2. Unless the context indicates otherwise, defined terms in the singular also refer to the plural and vice versa.

 

Article 2. General

2.1. These general terms and conditions apply to all Agreements and all other legal acts between the Parties.

2.2. Deviations from these general terms and conditions are only valid if expressly agreed upon in writing with New Nude.

2.3. If one or more provisions of these general terms and conditions are null or void or are annulled, the remaining provisions shall remain fully applicable. The null or void provisions will be replaced by New Nude, taking into account as much as possible the purpose and intent of the original provision(s).

2.4. If New Nude does not always strictly enforce these general terms and conditions, this does not mean that the provisions do not apply or that New Nude waives its right to demand strict compliance in other cases.

2.5. New Nude reserves the right to amend these general terms and conditions. The version applicable is always the version in force at the time the Agreement was concluded.

 

Article 3. Offers and Prices

3.1. Every offer by New Nude is without obligation.

3.2. Obvious mistakes or errors, such as typographical errors on the Website, do not bind New Nude.

3.3. The prices stated are in euros, including VAT and shipping costs.

3.4. Prices do not automatically apply to future Agreements. New Nude reserves the right to adjust its prices from time to time.

3.5. The assortment of New Nude may be changed at any time.

 

Article 4. Conclusion of the Agreement

4.1. The Agreement is concluded at the moment the Customer successfully completes the ordering process via the Website.

4.2. The order can only be placed after the Customer has clicked to agree to these general terms and conditions and the privacy policy.

4.3. After the Agreement has been concluded, a confirmation will be sent to the Customer via email.

 

Article 5. Account

5.1. The Customer can create an account on the Website.

5.2. Creating an account is not necessary to place an order.

5.3. The Customer is at all times responsible for their account on the Website and login credentials. The Customer must keep their login details confidential. New Nude is not liable if an unauthorized third party uses the Customer’s login details. If the Customer notices unauthorized use of their account, they must change their password as soon as possible and contact New Nude.

 

Article 6. Payment

6.1. The payment options are clearly stated on the Website.

6.2. If the Customer collects the order at New Nude, payment can be made by bank transfer or in cash.

 

Article 7. Delivery

7.1. All stated delivery times are indicative. Exceeding a delivery time does not entitle the Customer to compensation or any other form of damages.

7.2. If New Nude cannot deliver the order within 30 days after the conclusion of the Agreement, the Customer has the right to dissolve the Agreement, unless the Parties have expressly agreed on a longer delivery time. In the event of such dissolution, the amount already paid by the Customer will be refunded within 14 days after dissolution.

7.3. When placing the order, the Customer can choose to collect the order at New Nude. If the Customer opts for this, an appointment will be made with the Customer for the collection once the order is ready for delivery.

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Article 8. Right of withdrawal

8.1. The Customer is entitled to dissolve the Agreement within a reflection period of up to 14 days without giving any reason.

8.2. If the Customer wishes to exercise their right of withdrawal, they must explicitly notify New Nude within 14 days after receiving the entire order, for example:

a. by sending an email to customerservice@newnude.eu
b. by completing and sending the return form.

8.3. If the Customer notifies New Nude by email or digital submission of the return form that they are exercising their right of withdrawal, New Nude will send the Customer a confirmation of receipt after receiving this notification.

8.4. After the Customer has made the notification as described in article 8.2, the Customer must return the Product to New Nude within 14 days of that notification in such a way that the Product is properly and fully protected against damage during transport. The Product must be returned in its original packaging.

8.5. The Customer can also return the Product within the reflection period as described in article 8.1 without first informing New Nude that they are exercising their right of withdrawal. In such case, the Customer must include a statement with the return shipment indicating that they are exercising their right of withdrawal, such as a completed return form.

8.6. The Customer must return the Product to:

New Nude
Liedeweg 9E
2065 AH Haarlemmerliede
The Netherlands

8.7. If the Customer exercises their right of withdrawal, the Product must be handled carefully during the reflection period. The Customer may only examine, use, and try on the Product to the extent necessary to determine the nature, characteristics, and functioning of the Product and to assess whether the Product is the correct size. The principle is that the Customer may only inspect and try on the Product as they would be allowed to do in a physical store. This means, among other things, that the Customer is not allowed to wear the Product multiple times before returning it. Doing so could cause deformation and/or cause the Product to retain body odor, which prevents New Nude from being able to resell the Product as new.

8.8. The Customer is liable for any reduction in value of the Product or repair costs resulting from handling the Product beyond what is allowed in article 8.7 or from failing to comply with article 8.4. This reduction in value or repair costs will be deducted from the amount refunded pursuant to article 8.11.

8.9. When returning a Product under the right of withdrawal, the shipping costs for sending the Product back are the responsibility of the Customer, unless the Parties have agreed in writing that New Nude will collect the Product. The amount of these shipping costs depends on the parcel carrier chosen by the Customer and the location from which the Product is returned. New Nude estimates that the shipping costs for returning the Product to New Nude will not exceed €50.

8.10. The risk and proof of the correct and timely exercise of the right of withdrawal always lie with the Customer. Therefore, New Nude advises the Customer to keep the shipping receipt of the returned Product until New Nude confirms it has received the Product in good order.

8.11. New Nude will refund the paid purchase price within 14 days after the Customer has exercised the right of withdrawal, provided that the Customer has fully complied with their obligations under this article.

8.12. New Nude may wait with the refund until it has received the Product back, or the Customer has demonstrated that the Product has been sent back, whichever occurs first.

8.13. New Nude will refund the Customer using the same payment method the Customer used for the original transaction, unless the Customer has expressly agreed to a different method. No costs will be charged for the refund.

 

Article 9. Responsibilities of the Customer

9.1. The Customer shall ensure that all data, which New Nude indicates as necessary or which the Customer should reasonably understand as necessary for executing the Agreement, is provided to New Nude in a timely manner.

9.2. If the data provided by the Customer is incomplete and/or incorrect, this shall be entirely at the expense and risk of the Customer.

9.3. It is the Customer’s responsibility to comply with the usage instructions of the Product.

 

Article 10. Conformity and Complaints

10.1. New Nude guarantees that the Product complies with the Agreement, the specifications stated in the offer, and the reasonable requirements of soundness and usability. The Product is certified. More information about the certification can be found in the product description on the Website.

10.2. The Product is bullet- and stab-resistant, but not bullet/knife-proof and not bulletproof. New Nude expressly does not guarantee that:

a. The Product will stop every bullet or every knife; or
b. The Product prevents that in a shooting, stabbing, or other violent incident the Customer or the person wearing the Product will not suffer injury or death. The Customer must be well aware of the above. Wearing the Product does not lead to invulnerability or that being in the presence of persons possessing/using weapons is without risk. The Product not fully stopping a bullet, knife, or other (sharp) harmful object does not necessarily mean there is a culpable shortcoming on New Nude’s part or that the delivered product is defective.

10.3. It is possible that the colors seen on the Customer’s screen do not exactly match the colors of the Product in reality. This may, for example, be due to the Customer’s screen settings. The Customer must accept this and such minor color deviations do not constitute a culpable shortcoming on New Nude’s part and do not lead to the Product not conforming to the Agreement (non-conformity).

10.4. A complaint will not be handled free of charge and the Product will not be considered defective if:

a.Usage instructions have not been followed;
b.The Product has been handled carelessly;
c.Work and/or modifications and/or repairs have been carried out on the Product by the Customer and/or a third party;
d.Damage to the Product has occurred due to external circumstances, such as a shooting, stabbing, or other violent incident.

 

Article 11. Liability

11.1. New Nude cannot be held liable for any damage that is a direct or indirect result of:

a. An event that is essentially beyond its control and therefore cannot be attributed to its acts or omissions, as described in Article 12;
b. Any act or omission by the Customer.

11.2. The Customer is always responsible for the accuracy and completeness of the data provided by him. New Nude is never liable for any damage caused (in whole or in part) by the data provided by the Customer being incorrect and/or incomplete.

11.3. New Nude is not liable for damage suffered by the Customer or the person wearing the Product as a result of a shooting, stabbing, or other violent incident, including but not limited to personal injury and psychological damage, such as medical costs, lost wages, and loss of enjoyment of life, and New Nude is not liable for death. Wearing the Product is entirely at the Customer’s own risk.

11.4. New Nude is not liable for indirect damage, including but not limited to consequential damage, lost profit, missed turnover, missed savings, reputational damage, emotional damage, business damage, missed income, and delay damage.

11.5. If New Nude is liable for any damage, its liability is limited, insofar as this does not conflict with any mandatory legal provision, to direct damage, and compensation for damage is limited to the amount the Customer has paid for the Product to which the liability relates.

11.6. An exclusion or limitation of liability does not apply if it concerns damage for which New Nude is liable under product liability law that cannot be limited or excluded.

 

Article 12. Force Majeure

12.1. New Nude is not obliged to fulfill any obligation to the Customer if New Nude is prevented from doing so due to a circumstance that cannot be attributed to its fault, nor under the law, a legal act, or prevailing views in traffic. Force majeure includes, among other things: strike; theft; business disruption; blockade; boycott; severe weather conditions; natural disasters; floods; riots, terrorism, wars or war threats; transport delays; malfunction in the factory where the Product is produced or any other production delay; fire; import and export restrictions; shortages of raw materials or shortages in the market of other goods; power outage; epidemics; pandemic; quarantine obligation; government measures making delivery wholly or partly impossible or difficult; cybercrime.

12.2. If the execution of the Agreement is delayed due to force majeure, New Nude will inform the Customer thereof and the delivery time will be extended by the period during which the Agreement is delayed due to force majeure.

 

Article 13. Intellectual Property Rights

13.1. All intellectual property rights, including copyrights, related to content on the Website, such as photos, videos, images, designs, texts, trade names, corporate identity, and logos, rest with New Nude.

13.2. The Customer must at all times respect the intellectual property rights of New Nude.

13.3. If the Customer acts in violation of New Nude’s intellectual property rights, the Customer is liable for all damage suffered by New Nude as a result, including lost turnover.

 

Article 14. Contact

14.1. For questions about the order or about a Product or for filing a complaint, the Customer can contact New Nude by e-mail:  customerservice@newnude.eu

14.2. New Nude will respond to the Customer as soon as possible, but in any case within 3 days after receiving the question or complaint. If it is not yet possible to provide a substantive or final response, New Nude will confirm receipt of the question or complaint within 3 days and provide an indication of the timeframe in which a substantive or final response is expected.

 

Article 15. Personal Data

New Nude processes personal data of the Customer in accordance with the General Data Protection Regulation (GDPR). For more information about the processing of personal data by New Nude, the Customer can consult New Nude’s privacy policy, see link to privacy policy.

 

Article 16. Applicable Law and Competent Court

16.1. These general terms and conditions, all Agreements, and all legal acts between the Parties are governed by Dutch law.

16.2. Disputes between the Parties shall be submitted to the competent court in the district where New Nude is established. The Customer has 1 month after New Nude has invoked this provision in writing to the Customer to choose the competent court according to the law for settling the dispute.