Terms of service
Table of Contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following is understood by:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal; Read all about cooling-off period
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day;
Duration transaction: a distance agreement relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Model form: the withdrawal model form that the entrepreneur makes available and that a consumer can fill in when he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance agreement: an agreement where, within the framework of a system for distance selling of products and/or services organized by the entrepreneur, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Nixileii
Schoolstraat
9342PE 3B
Netherlands
T (062) 910-3211
E info@nixileii.com
Chamber of Commerce 98063057
VAT number NL005306817B65
Article 3 - Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement and order concluded between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable to him in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are wholly or partially invalid or annulled at any time, the agreement and these conditions remain in force for the rest and the relevant provision will be replaced immediately by mutual agreement by a provision that approaches the purport of the original as much as possible.
Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity period or is made subject to conditions, this is explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are connected to accepting the offer. This concerns in particular:
the price including taxes;
the possible costs of shipping;
the way in which the agreement will come about and what actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the tariff for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
whether the agreement is archived after conclusion, and if so, on which it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
the possible other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected itself and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in case of a duration transaction.
Article 5 - The agreement
The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms electronically the receipt of the acceptance of the offer. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to this end.
The entrepreneur can - within legal frameworks - ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request with motivation or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
the information about warranties and existing service after purchase;
the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
For delivery of products:
When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by means of another communication medium such as by email. After the consumer has made known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If the customer has not made known after the expiry of the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal, respectively has not returned the product to the entrepreneur, the purchase is a fact.
For delivery of services:
For delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur in this regard in the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of return shipment are at most for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. However, the condition is that the product has already been received back by the web shop owner or conclusive proof of complete return shipment can be provided. Refund will be made via the same payment method used by the consumer unless the consumer gives explicit consent for another payment method.
In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been made by the entrepreneur in accordance with specifications of the consumer;
that are clearly personal in nature;
that by their nature cannot be returned;
that can quickly perish or become outdated;
whose price is bound to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.
Article 9 - The price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are bound to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This binding to fluctuations and the fact that any stated prices are indicative prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of legal regulations or provisions; or
the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are including VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.
The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are treated contrary to the instructions of the entrepreneur and/or on the packaging;
the unsoundness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will exercise the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated about this in paragraph 4 of this article, the company will execute accepted orders with competent speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer has no right to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not give the consumer the right to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to make a replacement item available. At the latest upon delivery, it will be clearly and understandably reported that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration transactions: duration, termination and extension
Termination
The consumer can terminate an agreement that has been entered into for an indefinite period and that is intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of at most one month.
The consumer can terminate an agreement that has been entered into for a definite period and that is intended for the regular delivery of products (including electricity) or services at any time towards the end of the definite duration, subject to the agreed termination rules and a notice period of at most one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least terminate in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
An agreement that has been entered into for a definite period and that is intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration.
In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that is intended for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite duration of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a definite period and that is intended for the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate at any time with a notice period of at most one month and a notice period of at most three months in case the agreement is intended for the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
An agreement with limited duration for the regular delivery of daily, news and weekly newspapers and magazines for acquaintance (trial or acquaintance subscription) is not tacitly continued and automatically ends after the trial or acquaintance period.
Duration
If an agreement 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 at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
In case of default of payment by the consumer, the entrepreneur has, subject to legal limitations, the right to charge the reasonable costs previously made known to the consumer.
Article 14 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur completely and clearly described within 2 months, after the consumer has noticed the defects.
Complaints submitted to the entrepreneur are answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will answer within the period of 14 days with a receipt message and an indication 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.
For complaints, a consumer must first turn to the entrepreneur. If the web shop is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web shop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached then, the consumer has the possibility to have his complaint handled by the independent disputes committee appointed by WebwinkelKeur, the ruling of which is binding and both entrepreneur and consumer agree to this binding ruling. There are costs associated with submitting a dispute to this disputes committee which must be paid by the consumer to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at her choice, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer is resident abroad.
The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.