General Terms and Conditions

 

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal.

Consumer: the natural person who is not acting within the scope of their profession or business and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Long-term contract: a distance contract relating to a series of products and/or services, the delivery and/or contractual obligations of which apply over a certain period of time.

Durable medium: any means that enables the consumer or entrepreneur to store information relating to him personally, so that it is possible to review and reproduce the stored information later without changes.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: a contract in which all communication prior to the conclusion of the contract takes place exclusively by means of one or more means of distance communication within the framework of a system for the distance sale of products and/or services organized by the entrepreneur.

Means of distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.

General terms and conditions: the company's general terms and conditions.

Article 2 – Identity of the entrepreneur

Company name: Naxon
Trade register number: 93539401
VAT registration number: NL005025760B12
Address: *******

Article 3 – Scope

These general terms and conditions apply to all offers made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the consumer must have access to the text of these general terms and conditions. If this is not possible for practical reasons, the consumer must be informed before the conclusion of the distance contract that the general terms and conditions can be read at the entrepreneur's premises and, at the consumer's request, be sent immediately free of charge.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be provided to the consumer electronically, so that the consumer can easily store it permanently on a durable medium. If this is not possible, the consumer shall be informed before the conclusion of the distance contract where he can access the general terms and conditions electronically and that, at the consumer's request, they will be sent to him electronically or otherwise free of charge.

If specific product or service terms apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply accordingly, and the consumer may always invoke the provision most favorable to him or her in the event of conflicting general terms and conditions.

If one or more provisions of these general terms and conditions become invalid or are declared invalid at any time, in whole or in part, the agreement and these terms and conditions shall remain in force, and the provision in question shall be replaced immediately by mutual agreement with a provision that corresponds as closely as possible to the original provision.

Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.

Any ambiguities in the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to certain conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur has the right 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 the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.

All images, specifications, and information in the offer are to be regarded as indicative and cannot form the basis for damages or termination of the contract.

Images of products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:

the price, excluding customs duties and import sales tax. These additional costs are borne by the customer. The postal or courier service will use the special procedure for postal and courier services in connection with the import. This procedure applies when the goods are imported into the EU destination area, which is also the case here. The postal or courier service will collect the value added tax (together with any customs costs invoiced) from the recipient of the goods;

any shipping costs

• How the agreement is concluded and what steps are required for this

• Whether the right of withdrawal applies

• Methods of payment, delivery, and performance of the agreement

• The deadline for accepting the offer or the period during which the entrepreneur guarantees the price

• The cost of distance communication, if it differs from the standard rate for the communication method used

• Whether the contract is archived after conclusion and, if so, how the consumer can access it

• How the consumer can review and, if necessary, correct the information provided before concluding the contract

• Which languages, other than Dutch, the agreement can be concluded in

• The codes of conduct the entrepreneur has subscribed to and how the consumer can access them electronically

• The minimum duration of the distance contract in the case of a long-term agreement

• Optional: Available sizes, colors, and material types

Article 5 – The contract

Subject to the provision in paragraph 4, the contract shall enter into force when the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may cancel the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may, within the limits of the statutory provisions, obtain information about the consumer's ability to fulfill their payment obligations and about all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the contract, he has the right to reject an order or request or to impose special conditions for its execution.

The contractor shall send the following information to the consumer in writing or in a manner that the consumer can store on an accessible durable medium:

the company's visiting address where the consumer can submit complaints

• The conditions for and how the consumer can exercise their right of withdrawal, or a clear statement if the right of withdrawal is excluded

• Information about warranties and available after-sales service

• The information referred to in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this to the consumer before fulfilling the contract

• The terms for terminating the agreement, if it runs for more than one year or for an indefinite period

• Every contract is concluded under the suspensive condition that the relevant products are available in sufficient quantity

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. The withdrawal period begins on the day after the consumer or a representative appointed by the consumer and known to the entrepreneur has received the product.

During the withdrawal period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether he or she wishes to keep the product. If the consumer exercises his or her right of withdrawal, he or she must return the product with all accessories and, if possible, in the original packaging to the company, in accordance with the reasonable and clear instructions provided by the company.

If the consumer wishes to exercise his right of withdrawal, he must notify the company within 14 days of receiving the product. The notification must be made in writing or by email. After the consumer has notified the company that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must be able to prove that the delivered goods have been returned to the company in time.

Article 7 – Costs of exercising the right of withdrawal

If the consumer exercises his right of withdrawal, the consumer is responsible for the costs of returning the products.

Article 8 – Exceptions to the right of withdrawal

The company may exclude the consumer's right of withdrawal in the following cases:

• Delivery of products that deteriorate quickly or have a limited shelf life

• Delivery of sealed products that cannot be returned for health or hygiene reasons if the seal has been broken after delivery

• Delivery of products that have been customized after delivery according to the consumer’s wishes or personal needs

Article 9 – Prices

The prices stated in the offer include VAT and exclude shipping costs, unless otherwise stated. Prices are subject to change at any time, but the prices applicable at the time of ordering are the ones that apply.

Article 10 – Performance of the agreement and warranty

The entrepreneur guarantees that the products and services meet the requirements stated in the agreement and are of normal quality and durability.

Article 11 – Delivery and performance

Delivery will be made to the address specified by the consumer, unless otherwise agreed. The entrepreneur will ensure that the ordered products are delivered as quickly as possible.

Article 12 – Payment terms

The consumer can choose from the payment methods offered by the entrepreneur. Payments must be made in accordance with the agreed terms.

Article 13 – Complaints and liability

The consumer can address any complaints regarding the product or service to the entrepreneur. The entrepreneur is obliged to respond to all complaints within 14 days.

Article 14 – Protection of personal data

The entrepreneur protects the consumer's personal data and only uses it in accordance with the provisions of data protection.

Article 15 – Final provisions

If individual provisions of the agreement or the general terms and conditions are invalid, the agreement remains valid in other respects. In such a case, the invalid provision shall be replaced by a valid provision that corresponds as closely as possible to the economic purpose of the original provision.