Terms & Conditions

Article 1 – Definitions

In these conditions the following definitions apply:

  • Reflection period: the period within which the consumer can exercise his right of withdrawal.

  • Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

  • Day: calendar day.

  • Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

  • Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

  • Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.
  • Entrepreneur: Ecart Essentials LLC (trading as Nerra), the natural or legal person who offers products and/or services remotely to consumers.

  • Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.

  • Distance communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.

  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

    Company name: Ecart Essentials LLC

    Store Name: Nerra
    Address: 312 W 2nd St Unit #a9173, Casper, Wyoming 82601, United States

    Telephone: +1 430 204 7592
    Customer service email: support@mynerra.com

    Article 3 – Applicability

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

    Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.

    If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer and easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

     

    In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.

     

    If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that of the original as closely as possible.

     

    Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

     

    Article 4 – The Offer

    If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

     

    The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

     

    All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.

     

    Each offer contains information regarding:

    • The price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal/courier service will collect the VAT and clearance costs from the recipient upon delivery.

    • Any shipping costs.

    • The manner in which the agreement will be concluded.

    • Whether or not the right of withdrawal applies.

    • The method of payment, delivery, and execution.

    • The period for acceptance of the offer.

    • The rate for distance communication if it differs from the regular basic rate.

    • Available sizes, colors, and type of materials.

    Article 5 – The Agreement

    The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer can terminate the agreement.

    The entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. The entrepreneur can — within legal frameworks — inform himself whether the consumer can meet his payment obligations. If there are good reasons not to enter into the agreement, the entrepreneur is entitled to refuse an order with reasons.

    The entrepreneur will send the following information with the product or service:

    1. The visiting address for complaints.

    2. Conditions for the right of withdrawal.

    3. Information about warranties and after-sales service.

    4. Requirements for terminating long-term agreements.

    Article 6 – Right of Withdrawal

    When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product.

    During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he will return the product with all accessories and — if reasonably possible — in the original condition and packaging.

    The consumer is obliged to inform the entrepreneur of the withdrawal within 14 days of receipt via a written message/email. After this notification, the customer must return the product within 14 days and provide proof of shipment.

    Article 7 – Costs in Case of Withdrawal

    If the consumer exercises his right of withdrawal, the costs for returning the products will be borne by the consumer. Nerra will refund the amount paid as soon as possible, but no later than 14 days after cancellation, subject to the product being received back or proof of return provided.

    Article 8 – Exclusion of Right of Withdrawal

    Exclusion is only possible for products:

    • Created in accordance with consumer specifications (personalized).

    • That are clearly personal in nature.

    • Which by their nature cannot be returned or spoil quickly.

    • Hygienic products (underwear) of which the consumer has broken the seal.

    • Audio/video recordings or software with a broken seal.

    Article 9 – The Price

    During the validity period stated in the offer, prices will not be increased except for changes in VAT rates. Additional customs clearance costs and/or import duties are not included in the price and are the responsibility of the customer.

    Pursuant to Article 5(1) of the Turnover Tax Act 1968, the delivery takes place outside the EU. The postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, no VAT will be charged by Nerra at checkout.

    Article 10 – Conformity and Warranty

    The entrepreneur guarantees that the products comply with the agreement and reasonable requirements of reliability. Any defects or incorrectly delivered products must be reported in writing within 14 days of delivery. The warranty does not apply if the consumer has repaired or edited the products themselves or if the products were treated carelessly.

    Article 11 – Delivery and Execution

    The place of delivery is the address provided by the consumer. Nerra will execute accepted orders expeditiously, but no later than within 30 days. If delivery is delayed, the consumer has the right to terminate the agreement without costs. The risk of damage/loss rests with the entrepreneur until the moment of delivery to the consumer.

    Article 12 – Duration Transactions: Termination and Extension

    • Termination: The consumer can terminate an indefinite agreement at any time with a notice period of no more than one month. Fixed-term agreements can be terminated towards the end of the term.

    • Extension: A fixed-term agreement may not be tacitly extended for a specific period. It may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of one month.

    Article 13 – Payment

    Unless otherwise agreed, amounts owed must be paid within 7 working days after the commencement of the reflection period. The consumer must immediately report any inaccuracies in payment details. In the event of non-payment, the entrepreneur may charge reasonable costs communicated in advance.

    Article 14 – Complaints Procedure

    Complaints must be submitted fully and clearly within 7 days after the consumer discovers the defects. Nerra will respond within 14 days. If a complaint is justified, Nerra will, at its option, replace or repair the products free of charge.

    Article 15 – Disputes

    Agreements between the entrepreneur and the consumer are exclusively governed by Dutch law, even if the consumer lives abroad.

    Article 16 – CESOP

    Due to 2024 regulations regarding the 'Amendment to the Turnover Tax Act 1968,' payment service providers may register data in the European Central Electronic System of Payment Information (CESOP).