Terms and Conditions
General Terms and Conditions of La Nostalgia, established in Roosendaal
Valid from 01-01-2012
1.1 These general terms and conditions apply to all offers from La Nostalgia. The conditions are accessible to everyone and included on the La Nostalgia website. Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. La Nostalgia reserves the right to change its delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by La Nostalgia.
1.4 La Nostalgia guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 Under the rules of distance selling, La Nostalgia will execute orders at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, the consumer will receive within 1 month after placing the order message and in that case he has the right to cancel the order without costs and notice of default.
2.3 La Nostalgia's delivery obligation will be met, subject to proof to the contrary, as soon as the goods delivered by La Nostalgia have been offered to the customer. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery.
2.4 All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors.
No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in EURO`s and include 21% VAT.
3.4 If you want a VAT receipt for margin items, the VAT will be added to the price (margin items are used items with or without a new look)
4. Trial period / right of withdrawal / Returns
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right (part of) the delivered goods within a period of 7 working days without stating
reason to return. This period starts at the moment that the ordered goods have been delivered.
If the customer has not returned the delivered goods to La Nostalgia after this period, the purchase is a fact.
The customer is obliged, before proceeding to return, to notify La Nostalgia in writing within the period of 7 working days after delivery.
The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery.
The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after the discovery of a defect, damage caused by the discovery of the defect, encumbrance and/or resale after the discovery of a defect, makes this right to complain and return completely null and void.
Returns do not apply to margin items (brocante).
If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse.
With due observance of the provisions of the previous sentence, La Nostalgia will ensure that the full purchase amount (excluding shipping costs) is refunded to the customer within 30 days after proper receipt of the return. Returning the delivered goods is therefore entirely at the expense and risk of the customer.
4.2 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods.
4.3 The right of withdrawal does not apply to:
• services of which the execution, with the consent of the consumer, has started before the term of seven working days.
• goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence
• goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character
5. Data management
5.2 La Nostalgia respects the privacy of the users of the internet site and ensures a
confidential treatment of your personal data.
5.3 La Nostalgia uses a mailing list in some cases.
If you no longer wish to use this service, please let us know by e-mail.
6.1 La Nostalgia guarantees that the products delivered by it meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty of the product delivered to you.
6.2 La Nostalgia's warranty period corresponds to the manufacturer's warranty period.
However, La Nostalgia is never responsible for the ultimate suitability of the items for each individual application by the customer, nor for any advice regarding the use or application of the items.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, defective or incomplete, then the customer (before proceeding to return it to La Nostalgia) should immediately report these defects to La Nostalgia in writing. Any defects or incorrectly delivered goods must and can be reported to La Nostalgia in writing no later than 1 week after delivery.
6.4 If complaints from the customer are found to be well-founded by La Nostalgia, La Nostalgia will, at its discretion, replace the delivered goods free of charge or make a written settlement with the customer about compensation, on the understanding that La Nostalgia's liability and therefore the amount of compensation is always limited to a maximum of the invoice amount of the relevant items, or (at La Nostalgia's option) to the maximum amount covered in the relevant case by La Nostalgia's liability insurance. Any liability of La Nostalgia for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 La Nostalgia is not liable for damage caused by intent or equivalent conscious recklessness of non-executive personnel.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards La Nostalgia; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of La Nostalgia and/or instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used;
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, La Nostalgia reserves the right to revoke or deviate from the offer within a period of 3 working days after receipt of that acceptance.
7.3 Verbal promises only bind La Nostalgia after they have been expressly confirmed in writing.
7.4 Offers from La Nostalgia do not automatically apply to repeat orders.
7.5 La Nostalgia cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only effective if agreed in writing.
8.1 An agreement between La Nostalgia and a customer is concluded after an order has been assessed by La Nostalgia for feasibility.
8.2 La Nostalgia reserves the right not to accept orders or assignments without stating reasons or to accept them only on the condition that the shipment takes place cash on delivery or after payment in advance.
9. Pictures and Specifications
9.1 All images; photos, drawings, etc.; Information regarding weights, dimensions, colours, images of labels, etc. on the La Nostalgia website are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
About the data processing
Below you can read how we process your data, where we store it (or have it stored), which security techniques we use and for whom the data is transparent.
Online Store Software
We purchase web hosting and email services from MijnDomain. MijnDomein processes personal data on our behalf and does not use your data for its own purposes. However, this party can collect metadata about the use of the services. This is not personal data. MijnDomein has taken appropriate technical and organizational measures to prevent loss and unauthorized use of your personal data. MijnDomein is obliged to observe secrecy on the basis of the agreement.
We use the services of . This party has taken appropriate technical and organizational measures to prevent misuse, loss and corruption of your and our data as much as possible. does not have access to our mailbox and we treat all our e-mail traffic confidentially.
We use the Mollie platform to handle (part of) the payments in our webshop. Mollie processes your name, address and residence details and your payment details such as your bank account or credit card number. Mollie has taken appropriate technical and organizational measures to protect your personal data. Mollie reserves the right to use your data to further improve the service and to share (anonymised) data with third parties in this context. All the above-mentioned guarantees with regard to the protection of your personal data also apply to the parts of Mollie's services for which they engage third parties. Mollie does not store your data for longer than permitted by law. The provider bears appropriate measures for the safe provision of data.
We collect reviews via the Facebook and Google platforms. Facebook, Google shares this data with us. Facebook, Google have taken appropriate technical and organizational measures to protect your personal data. Facebook and Google reserve the right to engage third parties for the provision of the services, we have given permission to Facebook and Google for this. All the above-mentioned safeguards with regard to the protection of your personal data also apply to the parts of the service for which Facebook and Google engage third parties.
Shipping and logistics
When you place an order with us, it is our job to have your package delivered to you. We use the services of PostNL to carry out the deliveries. It is therefore necessary that we share your name, address and residence details with PostNL. PostNL only uses this information for the purpose of executing the agreement. In the event that PostNL engages subcontractors, PostNL will also make your data available to these parties.
When you place an order with us, it is our job to have your package delivered to you. We use the services of DHL to carry out the deliveries. It is therefore necessary that we share your name, address and residence details with DHL. DHL only uses this information for the purpose of executing the agreement. In the event that DHL engages subcontractors, DHL will also make your data available to these parties.
Invoicing and accounting
Web host, Mijnwebwinkel
For our records of our administration and accounting, we use the services of Webhost, Mijnwebwinkel. We share your name, address and residence details and details regarding your order. This data is used for the administration of sales invoices. For our records of our administration and accounting, we use the services of Webhost, Mijnwebwinkel. We share your name, address and residence details and details regarding your order. This data is used for the administration of sales invoices. Your personal data is sent and stored protected. Webhost, Mijnwebwinkel is bound to secrecy and will treat your data confidentially. Webhost, Mijnwebwinkel does not use your personal data for purposes other than those described above. Orders with your data are stored in print and are necessary and mandatory due to legal provisions, data is not kept longer than legally required.
External sales channels
We sell (part of) our articles via the platform of Facebook, Instagram. If you place an order via this platform, Facebook, Instagram will share your order and personal data with us. We use this information to process your order. We treat your data confidentially and have taken appropriate technical and organizational measures to protect your data against loss and unauthorized use.
Purpose of the data processing
General purpose of the processing
We only use your data for the purpose of our services. This means that the purpose of the processing is always directly related to the order you provide. We do not use your data for (targeted) marketing. If you share information with us and we use this information to contact you at a later time, other than at your request, we will ask you for explicit permission for this. Your data will not be shared with third parties, other than to comply with accounting and other administrative obligations. These third parties are all kept confidential by virtue of the agreement between them and us or an oath or legal obligation.
Automatically collected data
Data that is automatically collected by our website is processed with the aim of further improving our services. This data (for example your IP address, web browser and operating system) is not personal data.
Cooperation in tax and criminal investigations
In some cases, La Nostalgia can be held on the basis of a legal obligation to share your data in connection with government tax or criminal investigations. In such a case, we are forced to share your data, but we will oppose this within the possibilities that the law offers us.
We keep your data as long as you are a client of ours. This means that we keep your customer profile until you indicate that you no longer wish to use our services. If you indicate this to us, we will also regard this as a request for forgetting. On the basis of applicable administrative obligations, we must keep invoices with your (personal) data, so we will keep this data for as long as the applicable term runs. However, employees no longer have access to your client profile and documents that we have produced in response to your order.
On the basis of the applicable Dutch and European legislation, you as a data subject have certain rights with regard to the personal data processed by or on behalf of us. We explain below which rights these are and how you can invoke these rights.
In principle, to prevent misuse, we only send copies and copies of your data to your e-mail address already known to us. In the event that you wish to receive the data at a different e-mail address or, for example, by post, we will ask you to identify yourself. We keep records of completed requests, in the event of a forget request we administer anonymized data. You will receive all copies and copies of data in the machine-readable data format that we use within our systems.
You have the right to file a complaint with the Dutch Data Protection Authority at any time if you suspect that we are using your personal data in the wrong way.
Right of access
You always have the right to view the data that we process or have processed and that relate to your person or can be traced back to you. You can make a request to that effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you a copy of all data with an overview of the processors who have this data to the e-mail address known to us, stating the category under which we have stored this data.
Right of rectification
You always have the right to have the data that we process or have processed and that relate to your person or can be traced back to you adjusted. You can make a request to that effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you a confirmation that the data has been adjusted to the e-mail address known to us.
Right to restriction of processing
You always have the right to limit the data that we process or have processed that relate to your person or that can be traced back to you. You can make a request to that effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you a confirmation to the e-mail address known to us that the data will no longer be processed until you lift the restriction.
Right to portability
You always have the right to have the data that we process or have processed and that relate to your person or can be traced back to you, have it performed by another party. You can make a request to that effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you copies or copies of all data about you that we have processed or that have been processed on our behalf by other processors or third parties to the e-mail address known to us. In all likelihood, we will no longer be able to continue the service in such a case, because the secure linking of data files can then no longer be guaranteed.
Right to object and other rights
In some cases you have the right to object to the processing of your personal data by or on behalf of La Nostalgia. If you object, we will immediately stop the data processing pending the handling of your objection. If your objection is justified, we will make copies and/or copies of data that we process or have processed available to you and then permanently discontinue the processing.
You also have the right not to be subject to automated individual decision-making or profiling. We do not process your data in such a way that this right applies. If you believe that this is the case, please contact our contact person for privacy matters.
Cookies are placed via our website from the American company Google, as part of the “Analytics” service. We use this service to keep track of and to get reports on how visitors use the website. This processor may be obliged to provide access to this data on the basis of applicable laws and regulations. We have not allowed Google to use the obtained analytics information for other Google services.
Third Party Cookies
Contact person for privacy matters