Terms of payment and delivery

Terms and conditions webshop Nexxdott

Before placing an order in our online store, we recommend that you read our Terms and Conditions carefully. These conditions apply to all agreements and orders.

Company name: Nexxdott

Branch address: Klarinet 379, 3766 GS in Soest, The Netherlands

Email address: pauline@nexxdott.com

Webshop: www.nexxdott.com

Phone number: +31 (0)6 508 710 70

Chamber of Commerce number: 32140192      

VAT ID number: EN 001870963B24                                                  

 

Article 1 Definitions

In these Terms and Conditions, the following definitions shall apply:

1. Nexxdott: the company that offers its products to customers remotely, through its online store.
2. Customer: the natural person and/or institution/company that places an order through the web store and/or enters into a distance contract with Nexxdott.
3. Products: all products offered by Nexxdott through its online store.
4. Consumer purchase: the purchase of a product by a consumer from Nexxdott.
5. Institution/Business: the purchase of a product by an institution and/or business acting in the exercise of a profession/business.
6. Reflection period: the period within which the customer can exercise his right of withdrawal.

7. Right of withdrawal: the right of a customer to waive the distance contract or return an order received within the cooling-off period.
8. Withdrawal Form: the model withdrawal form that Nexxdott makes available to its customers, which a customer can fill out when he wants to exercise his right of withdrawal.
9. Distance agreement:an agreement concluded via a means of distance communication.
10. General Terms and Conditions: the present General Terms and Conditions.
11. Web store: the web store owned and operated by Nexxdott. Accessible via nexxdott.com.

 

Article 2 Applicability of General Terms and Conditions

1. These Terms and Conditions apply to all orders and agreements.
2. By placing an order, the customer agrees to these Terms and Conditions.
3. Any General Terms and Conditions or other conditions of third parties are expressly rejected by Nexxdott.
4. The terms and conditions also apply to agreements and orders for which Nexxdott must involve third parties for their execution.
5. The customer's acceptance and retention of an order, order confirmation or agreement without comment shall constitute agreement to the application of these terms and conditions.
6. If one or more provisions in these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced by mutual agreement without delay by a provision that approximates the purport of the original as much as possible.
7. Situations not covered by these Terms and Conditions are to be judged "in the spirit" of these Terms and Conditions.
8. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions are to be interpreted "in the spirit" of these Terms and Conditions.
9. If Nexxdott does not always require strict compliance with these Terms and Conditions, this does not mean that these Terms and Conditions do not apply, or that Nexxdott loses the right to require strict compliance with these Terms and Conditions in other cases.

 

 Article 3 Web store offer

1. If an offer has a limited period of validity, or is made subject to conditions, this shall be expressly stated.
2. Manual quotes issued by Nexxdott for goods listed in the webshop are valid for 14 days, unless otherwise indicated or agreed in writing. Nexxdott is only bound to the offer, if the acceptance is confirmed by the buyer within 14 days and in writing.
3. The offer in the web store is without obligation. Nexxdott is entitled to change and/or modify the offer at any time.
4. Nexxdott's offerings are never sold on an exclusive basis to only one institution/company.
5. The offer in Nexxdott's online store contains a complete and accurate description of the products. The description is sufficiently detailed so that the customer can make a good assessment of the products. In any case, the total selling price including taxes and a (short) description of the product are mentioned.

6. All images, specifications, data, colors, materials, etc. in the webshop are indicative and cannot be a reason for compensation or dissolution of the agreement.

1. Images accompanying products are a true representation of the products offered. Nexxdott cannot guarantee that the displayed colors exactly match the real colors of the products.
2. Obvious mistakes or obvious (clerical) errors in the offer do not bind Nexxdott.

 

Article 4 Conclusion of the agreement or order

1. The agreement comes into effect when:

• The customer has placed an order in the web shop by filling in all required data completely and correctly;
• The customer has received an order receipt confirmation at the email address provided.

 

2. An order is always confirmed electronically by Nexxdott.

1. If Nexxdott cannot reasonably be expected to fulfill the agreement, the client will receive written notice from Nexxdott. In that case, the agreement will not be concluded and the amount paid will be refunded.
2. The confirmation of receipt that the customer receives after an order from Nexxdott states in any case:

• A description of the product purchased and the quantity;
• The price of the product and VAT;
• Name, residential address, delivery address, billing address (if different from residential and/or delivery address), email address and phone number;
• The order number.

 

5. Nexxdott has the right - within legal frameworks - to investigate whether the customer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If Nexxdott on the basis of this investigation has good grounds not to enter into the agreement, it is entitled to refuse an order or to attach special conditions to the implementation.
6. Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.
7. Nexxdott has the right, without giving reasons, to refuse and/or cancel orders.

 Article 5 Obligations of customer

1. The customer is obliged to pay the amount indicated on the invoice in advance. This amount must be credited to Nexxdott's bank account before delivery is made.
2. Unless otherwise agreed in writing, payment must be made within 14 days of the invoice date. This must be done in the manner indicated by Nexxdott, in the currency invoiced.
3. When placing an order, the customer must provide Nexxdott with all required personal data. If the customer does not provide a home address or delivery address when placing an order, Nexxdott is entitled not to accept an order until the customer provides his home address or delivery address.
4. The customer himself is responsible and liable for providing a correct and complete delivery address. Any changes in the delivery address must be changed by the customer himself in a timely manner.
5. The customer must fill in all mandatory personal data truthfully. If Nexxdott suspects that the information provided is incorrect or incomplete, it has the right to cancel the order or not process it.
6. The client is obliged to communicate a change of address to Nexxdott. As long as Nexxdott has not received a change of address, it assumes that the customer resides at the last address known to Nexxdott. The customer remains liable for orders delivered to the old address.

 

Article 6 Delivery orders

1. Delivery of products takes place while supplies last.
2. If the product ordered is in stock, delivery will take place within 2-4 business days after ordering. If delivery cannot take place or cannot take place on time because the ordered products are out of stock, the customer will be notified within 30 days of order.
3. An agreed delivery period does not commence until after payment due to the Buyer up to that point has been made by the Customer and credited to Nexxdott's bank account.
4. All delivery deadlines are indicative. The customer cannot derive any rights from the mentioned deadlines. Nexxdott will deliver orders within 30 days after order date. If this is not possible, the customer will be notified by email within 2 to 4 days after ordering and the customer has the right to cancel the order without cost and notice.
5. Exceeding any delivery period does not entitle the customer to compensation or the right to cancel the order or rescind the agreement.
6. Nexxdott reserves the right to determine the mode of transport. In case of (temporary) disturbances at the carrier chosen by Nexxdott, Nexxdott is entitled to suspend delivery until the disturbance is remedied. Nexxdott is therefore not obliged to provide a substitute carrier.
7. Nexxdott's obligation to deliver will be fulfilled, subject to proof to the contrary, once the Nexxdott products have been offered once to the customer. In case of home delivery, the report of the carrier, containing the refusal of acceptance, shall serve as full proof of the offer of delivery.
8. All orders are delivered exclusively to the address provided by the customer. The customer is solely responsible and liable for providing a correct and complete address. Nexxdott is not responsible or liable if the customer provides an incorrect or incomplete address. The delivery address can be changed as long as the order has not been shipped.
9. If an order consists of delivery of multiple products, Nexxdott is authorized to suspend delivery until all products can be shipped simultaneously.
10. If an order is delivered in parts, Nexxdott is entitled to request a separate payment for each partial delivery. In that case, an invoice will be sent for each partial delivery.
11. For orders from abroad, the customer is liable for any bank charges, sales tax or import duties due. Nexxdott reserves the right to refuse shipments to foreign countries without giving reasons.

12. All transport costs of goods abroad shall be borne by the customer, unless otherwise agreed. Buyer is obliged to insure (or have insured) the transport of goods. Insurance costs shall be borne by the customer.
13. The delivery of goods by Nexxdott is "Af warehouse in the Netherlands", to foreign countries according to Incoterms 2010.
14. Deliveries and invoices are made only to institutions/companies that have a VAT identification number. In case of doubt, the VAT identification number is verified with the Tax Office.
15. Nexxdott can apply a 0% VAT rate if the customer wants to export goods to both an EU member state and third country (non-EU member state). This is only possible if the client gives a written order to export. This declaration must be provided to Nexxdott by the customer prior to delivery, together with the customer's VAT identification number. The Community Customs Code Application Regulation" applies to this.
16. If the client does not take delivery (on time) of the goods to be delivered by Nexxdott, all costs incurred in vain by Nexxdott in connection with the delivery and any (consequential) damage, such as costs for transport, insurance costs, safekeeping and storage, as well as administration costs, will be borne by the client.

 

Article 7 Prizes

1. The selling price of Nexxdott products is determined solely by Nexxdott.
2. Nexxdott expressly reserves the right to change prices, in particular when required by (legal) regulations. Prices are based on the exchange rates applicable at the time of the offer, material prices, energy costs and labor costs. If, after an offer or quotation or after the conclusion of the agreement, Nexxdott is faced with additional costs due to increases in material costs, energy costs, labor costs, import and/or export duties and/or levies of any kind, or due to costs of currency changes, Nexxdott is entitled to pass this increase on to the client.
3. If an agreement has been made, it can only be changed if the customer and Nexxdott have agreed to it in writing, such as changes in the quantity or price of the products being delivered.
4. All prices on the website 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, Nexxdott is not obliged to deliver the product according to the incorrect price.
5. All prices in the webshop are in euros and include 21% VAT.
6. Shipping costs for products that do not fit through the mailbox are calculated based on the weight of the order. If Nexxdott has overcharged for shipping costs, the customer will receive a refund of the excess amount paid for shipping costs within 5 days to an account number provided by the customer.
7. Prices quoted by Nexxdott are ex warehouse in the Netherlands. The customer shall guarantee payment of all applicable taxes on the products delivered by Nexxdott, unless the customer proves in writing to be exempt from such taxes.
8. Certain payment methods are subject to additional charges. This will be clearly communicated to the customer prior to ordering.
9. Price increases within 90 days of ordering are permitted if they result from a legal regulation or provision.

 

Article 8 Payment and collection costs

1. Orders can be paid in the following ways:

• I-deal
• Bancontact
• Remittance (payment upon receipt)
• Paypal
• Paypro

 

2. Payment via I-deal, Bancontact, Wire Transfer, Paypal and Paypro are subject to the terms and conditions of the third party. Nexxdott is not a party in the relationship between the client and the third party.
3. Nexxdott is always entitled to change the payment methods mentioned in paragraph 1.
4. If the client fails to pay the invoice amount on time or in full, the client is legally in default and Nexxdott has the right, after giving the client at least one reminder, to charge statutory interest on the invoice amount from the due date until the day of payment in full, without further notice.
5. All reasonable costs incurred as a result of extrajudicial collection of the claim shall be borne by the customer. In any case, the customer shall owe collection costs. The extrajudicial costs are calculated in accordance with what is customary in Dutch collection practice.
6. The customer shall also owe statutory interest on the collection costs. 

Article 9 Grace period and right of withdrawal

1. If there is a consumer purchase, the customer has the right to return (part of) the delivered products within 14 days without giving any reason. This period begins when all the products ordered have been delivered to the customer.
2. During the cooling-off period, the customer is obliged to handle the product and its packaging with care. The customer shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
3. If the customer wishes to exercise his right of withdrawal, he is obliged to make this known to Nexxdott within 14 days. The customer must make this known by means of the withdrawal form.
4. After the customer has expressed his desire to exercise his right of withdrawal, the customer must return the product within 7 days. The customer must prove that the delivered items were returned in a timely manner, for example by means of proof of postal delivery.
5. If, after the expiration of the period mentioned in paragraphs 3 and 4, the customer has not expressed his desire to exercise his right of withdrawal or has not returned the product to Nexxdott, the sale is a fact.
6. When a customer exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to Nexxdott. If the goods with the customer have been used, encumbered or damaged in any way, the right of withdrawal expires.
7. Nexxdott will ensure that within 14 days of receiving the return, the full purchase amount including the calculated shipping costs will be refunded to the customer. If an order consists of multiple products and not all products are returned, only the full purchase amount of the returned product will be refunded. The calculated shipping costs will then not be refunded to the customer.
8. The return of the delivered products is entirely at the expense and risk of the customer.

9. The right of withdrawal as described in this article does not apply to products manufactured according to the customer's specifications, e.g. customization, or which have a clearly personal character.

 

Products should be returned to: Nexxdott, Klarinet 379, 3766GS at Soest, Netherlands.

Article 10 Warranty and conformity

1. Nexxdott guarantees that the products it supplies meet the requirements of usability, reliability and longevity as reasonably intended by the parties to the purchase agreement.
2. The customer is obliged to check the delivered products immediately upon receipt. If it appears that the delivered product is wrong, defective or incomplete, the customer (before proceeding to return it to Nexxdott) must immediately report these defects in writing to Nexxdott, illustrated with photos.
3. Any defects or faulty products delivered must be reported to Nexxdott in writing within 7 days of delivery. Return of the products must be in the original packaging and in new condition.
4. If customer complaints are found by Nexxdott to be justified, Nexxdott will replace the delivered products free of charge.
5. Nexxdott is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
6. The warranty does not apply if:

• the customer has repaired and/or modified the delivered goods himself or had them repaired and/or modified by third parties
• the delivered items have been exposed to abnormal conditions or otherwise carelessly handled.
• the defectiveness is wholly or partly the result of regulations which the government has imposed or will impose on the nature or quality of the materials used.

 

Article 11 Complaints

1. The customer is responsible for examining goods for visible defects immediately upon receipt. If visible defects are found, the customer must file a written complaint about them with Nexxdott within 7 days of receipt. In case of complaints, the burden of proof that the delivered goods do not comply with the agreement rests with the Buyer. If Nexxdott considers the complaint justified, it will repair or replace the delivered goods or credit the invoice amount (partially) without being obliged to replace the delivered goods. The customer cannot claim any other form of compensation.
2. Nexxdott will resolve complaints to the best of its ability, as reasonably expected.
3. A submitted complaint will be answered within 14 days from the date of receipt. If Nexxdott requires a longer period for the complaint, it will inform the client in writing. Nexxdott will give an indication when the customer can expect a detailed answer.
4. A complaint does not suspend the customer's obligations under the agreement, unless Nexxdott indicates otherwise in writing.

 

Article 12 Force Majeure

1. Nexxdott is not liable if and to the extent it cannot fulfill its commitments due to force majeure.
2. The parties are not obliged to fulfill any obligation if this is due to a circumstance that is not due to fault and is not for its account under the law, legal act or generally accepted practice.
3. Force majeure in these General Conditions means, in addition to what is understood in this respect in the law and jurisprudence, all external causes, foreseen or unforeseen, over which the parties have no influence, but which prevent them from fulfilling their obligations. This includes strikes in the company of Nexxdott, its suppliers and other third parties.
4. Nexxdott is entitled to invoke force majeure if the circumstances that prevent (further) fulfillment of the contract occur after Nexxdott should have fulfilled its commitment.
5. Nexxdott has the right, during the period of force majeure, to suspend the obligations under the agreement. If this period lasts longer than 1 month, both the customer and Nexxdott are entitled to terminate the agreement, without any obligation to compensate the other party for damages suffered. If the above situation occurs when an order has been partially delivered, Nexxdott has the right to invoice the already delivered goods separately. The customer is then obliged to pay this invoice as if it were a separate agreement.
6. Nexxdott is not responsible for force majeure situations such as postal service strikes, hosting provider, phone service or power outages.

 

Article 13 Liability and indemnification

1. Any liability of Nexxdott is limited to what is provided in these Terms and Conditions.
2. Nexxdott is not liable for damages of any kind, caused by Nexxdott is based on, by or on behalf of the customer provided incorrect and / or incomplete data.
3. Nexxdott shall not be liable for damages, resulting from the use of any product ordered, unless Nexxdott is liable under any mandatory provision of law
4. Nexxdott is only liable for direct damages. Direct damage means:

• Reasonable costs incurred to have Nexxdott's defective performance comply with the agreement, insofar as they can be attributed to Nexxdott.
• Reasonable costs to determine the cause and extent of the (direct) damage.
• Reasonable costs to prevent or limit the damage, to the extent that customer demonstrates that these costs have resulted in limiting the direct damage.

 

5. Nexxdott shall not be liable for indirect damages. This includes:

 

• Forfeited profits;
• Missed savings;
• Consequential damage;
• Reputational damage;
• Intangible damage;
• Disappointing expectations;
• Business or other stagnations.

 

6. Insofar as Nexxdott is liable due to failure to perform the contract, or failure to perform it on time or properly, its liability is limited to a maximum of the amount of the purchase price of the order in question. In any case, the liability of Nexxdott is limited to the payment amount of the insurer in the appropriate case.

1. Nexxdott is not liable in the event of force majeure.
2. The limitations contained in this article do not apply if the damage is due to Nexxdott's intent or gross negligence.
3. The customer indemnifies Nexxdott for any claims by third parties, who suffer damage in connection with the execution of the agreement and whose cause is attributable to other than Nexxdott.
4. If Nexxdott on that account by third parties may be addressed, the customer is obliged Nexxdott both outside and in court to assist and immediately do everything that can be expected from him in that case. Should the client fail to take adequate measures, Nexxdott is entitled, without notice, to do so itself. All costs and damages on the part of Nexxdott and third parties thereby incurred, are entirely at the expense and risk of the client.

 

Article 14 Retention of title

1. Ownership of all products sold and delivered by Nexxdott to the customer remains with Nexxdott as long as the customer has not paid Nexxdott's claims under the agreement or previous or subsequent similar agreements.
2. The customer may not resell the goods delivered by Nexxdott that are subject to retention of title pursuant to paragraph 1. The customer is not authorized to pledge or encumber in any other way that which is subject to retention of title.
3. The customer must always do everything that can reasonably be expected of him to establish the property rights of Nexxdott. If third parties seize the delivered goods under retention of title, or wish to establish or assert rights to them, the customer is obliged to inform Nexxdott immediately.
4. In case Nexxdott wishes to exercise its property rights, the customer gives in advance unconditional and irrevocable permission to Nexxdott to enter all those places where Nexxdott's property is located and to take it back.

 

Article 15 Intellectual property

1. All copyrights and other intellectual property rights shall remain vested in Nexxdott unless the parties have agreed otherwise in writing.
2. Nexxdott expressly reserves all intellectual property rights to its webshop.
3. It is not permitted to copy, disclose, exploit or reproduce the information or visual material from the webshop.

 

Article 16 Applicable law and competent court

1. Dutch law applies to all agreements and orders, even if the customer lives abroad.
2. The Vienna Sales Convention does not apply.
3. Disputes between the parties will be submitted to the competent court only after the parties have made every effort to settle the dispute by mutual agreement.
4. If a dispute in a consumer purchase cannot be resolved by mutual agreement, it shall be submitted to the competent court.
5. Disputes between a company/institution acting as a profession or business shall be submitted to the competent court within the district of Nexxdott.

 

Article 17 Location and modification of General Terms and Conditions

1. Nexxdott is entitled to change or supplement these General Conditions. Applicable is always the most recent version, or the version valid at the time of conclusion of the agreement.
2. The General Terms and Conditions can be viewed on Nexxdott's webshop at www.nexxdott.com. At the client's request, Nexxdott will send a written copy by email or post free of charge.

 

Download the withdrawal form here.