Delivery terms and conditions NLXL
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Supplier: the natural or legal person who offers the products and/or services for sale remotely;
Consumer: any natural person who is acting for purposes which are outside his/her trade, business or profession in entering into a distance contract with the supplier;
Distance contract: any contract concerning goods or services concluded between a supplier and a consumer under an organized distance sales or service-provision scheme run by the supplier, who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded.
Distance communication techniques: any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties;
Cooling-off period: the period within which the consumer can make use of his/her right of withdrawal;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Period contract: a distance contract comprising successive operations or a series of separate operations over a period of time;
Permanent data storage medium: any means that enables the consumer or the supplier to store information addressed to him/her personally, in a way that permits future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the supplier
NLXL.nl, P.O. Box 11683, 2502 AR, The Hague
info@NLXL.com, Chamber of Commerce No.: 50633430, VAT identification number: NL153910719B01
Article 3 - Scope
These general terms and conditions apply to any offer made by the supplier and any distance contract that has been entered into between the supplier and the consumer.
Before the contract is entered into, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is entered into, it is stated that the general terms and conditions are available for inspection at the supplier's premises, and on request by the consumer, shall be sent to him/her as soon as possible, free of charge.
If the distance contract is entered into electronically, by derogation from the previous paragraph, and before the distance contract is entered into, the text of these general terms and conditions may be made available to the consumer by electronic means, in such a way that they can be stored simply by the consumer on a permanent data storage medium. If this is not reasonably possible, before the distance contract is entered into, it is stated where the general terms and conditions are available for inspection electronically, and on request by the consumer, shall be sent to him/her electronically or by another means, free of charge.
For the case where, besides these general terms and conditions, specific product or services terms and conditions apply, the second and third paragraph applies accordingly, and in the event of contradictory general terms and conditions, the consumer may invoke the applicable provision that is most favourable to him/her.
Article 4 - The offer
If an offer has a limited period of validity, or is made under certain conditions, this is expressly stated in the offer.
The offer comprises a comprehensive 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 supplier uses illustrations, these are an accurate image of the products and/or services shown. Manifest mistakes or errors in the offer are not binding on the supplier.
Any offer contains such information that it is clear to the consumer what rights and obligations are associated with acceptance of the offer. This concerns, in particular:
the price including taxes;
any delivery charges;
the way in which the contract is entered into, and what actions are required to enter into it;
whether the right of withdrawal applies or not;
the method of payment, delivery or performance of the contract;
the deadline for acceptance of the offer, or the deadline for fulfilment of the price;
the distance communication charges if the costs of using the means of distance communication are charged at different rate than the basic tariff;
if the contract is archived after being entered into, how the consumer may consult it;
the way in which the consumer can be informed of actions which he/she does not want before entering into the contract, as well as the way that these can be rectified before entering into the contract;
the languages, besides English, in which the contract can be entered into;
the codes of conduct to which the supplier has signed up, and how the consumer may consult these codes electronically; and
the minimum duration of a distance contract in the case of a contract comprising successive operations or a series of separate operations for the supply of products or services over a period of time.
Article 5 - The contract
Subject to the provisions of paragraph 4, the contract shall come into existence at the time of acceptance of the offer by the consumer and the fulfilment of the associated conditions.
If the consumer has accepted the offer by electronic means, the supplier shall acknowledge receipt of the acceptance of the offer without delay. Until this acceptance has been acknowledged, the consumer may rescind the contract.
If the contract is concluded electronically, the supplier shall take appropriate technical and organisational measures to secure the electronic data transmission and provide a secure web environment. If the consumer can pay electronically, the supplier shall take appropriate security measures.
The supplier may - within the framework allowed by the law - find out whether the consumer can meet his/her payment obligations as well as all those facts and factors that are of important for the sensible conclusion of a distance contract. If, based on this investigation, the supplier has good reasons for not proceeding with the contract; he/she is entitled to refuse an order or request, provided that the reasons are given, or to attach specific conditions to performance of the contract.
The supplier shall send to the consumer with the product or service the following information, in writing or in such a way that this can be stored in an accessible way on a permanent data storage medium:
a. the physical address of the supplier's premises, to which the consumer can deliver complaints;
b. the conditions and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that there is no right of withdrawal.
c. the information about existing after-sales service and warranties;
d. the details set out in Article 4 paragraph 3 of these terms and conditions, unless the supplier has already provided these details to the consumer before the performance of the contract;
e. the requirements for termination of the contract if the contract is for a term of longer than one year or is open-ended.
6. If the supplier has undertaken to supply a series of products or services, the terms of the preceding paragraph only apply to the first delivery.
Article 6a - Right of withdrawal on delivery of the products.
1. In the case of a purchase of products, the consumer has the possibility of rescinding the contract without stating reasons within a period of seven working days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to judge whether he/she wishes to keep the product. If the consumer exercises the right of withdrawal, he/she shall return the product with all the accessories supplied and - if reasonably possible - in the original condition and packaging to the supplier in accordance with the reasonable and clear instructions provided by the supplier.
Article 6b - Right of withdrawal on delivery of services
In the case of supply of services, the consumer has the possibility of rescinding the contract without stating reasons within a period of seven working days, starting on the day when the contract is entered into.
In order to exercise his/her right of withdrawal, the consumer shall follow the reasonable and clear instructions on this subject provided at the time of the offer and/or by the time of delivery.
Article 7 - Costs in the case of withdrawal
If the consumer exercises his/her right of withdrawal, the maximum charges for which he/she shall be liable is the cost of return of the products.
If the consumer has paid an amount, the supplier shall refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 - Exclusion of right of withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the supplier if the supplier stated this clearly in the offer, or at any rate before the contract was entered into.
Exclusion of the right of withdrawal is only possible for products:
which have been produced by the supplier to the consumer's specifications;
which are clearly personal in nature;
which cannot be returned by their nature;
which can perish or age quickly;
whose price is tied to fluctuations on the financial market over which the supplier has no control;
for loose newspapers and magazines;
for audio and video recordings and computer software whose seals have been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
a) relating to accommodation, transport, catering or leisure services, where the supplier undertakes to provide these services on a specific date or within a specific period;
b) where the delivery has been started with the express consent of the consumer before the expiry of the cooling-off period;
c) concerning betting and lotteries.
Article 9 - The price
During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except price alterations as a consequence of changes in the VAT rates.
By derogation from the preceding paragraph, the supplier may offer products or services whose prices are tied to fluctuations on the financial market and over which the supplier has no control, with variable prices. This link to fluctuations and the fact that any prices shown are only guide prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the contract are only allowed if they are the consequence legal regulations or provisions.
Price increases from 3 months after the contract is entered into are only allowed if the supplier stipulated this and:
they are the consequence of statutory regulations or provisions; or
the consumer is empowered to terminate the contract on the date on which the price increase comes into effect.
The prices quoted in the offer for products or services include VAT.
Article 10 - Conformity and Warranty
The supplier is responsible for the products and/or services being in accordance with the contract, the specifications set out in the offer, the reasonable requirements of durability and/or usability, and the legal and/or regulatory provisions applicable at the time the contract is entered into.
Warranty arrangements offered by the supplier, manufacturer or importer do not affect the rights and entitlements that the consumer may assert against the supplier on grounds of non-fulfilment of the supplier's obligations pursuant to the law and/or the distance contract.
Article 11 - Delivery and performance
The supplier shall take the utmost care in the receipt and execution of orders for products, and in evaluating requests for provision of services.
The address which the consumer provided to the company shall be deemed to be the delivery address.
Taking account of the provisions of Article 4 of these general terms and conditions the company shall execute accepted orders with all due speed, but within 30 days, unless a longer delivery date has been agreed. If delivery is subject to delay, or if an order cannot be delivered, or only delivered in part, the consumer shall be informed of this within one month of placing the order. In that case, the consumer has the right to rescind the contract free of charge, and is entitled to compensation where relevant.
In the event of rescission pursuant to the preceding paragraph, the supplier shall refund the amount that the consumer paid as soon as possible, but within 30 days after rescission.
If it proves impossible to supply a product that has been ordered, the supplier shall endeavour to make available a replacement article. No later than on delivery, it must be clearly and comprehensibly stated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of return shipment are payable by the supplier.
The risk of damage and/or loss of products lies with the supplier until the time of delivery to the customer, unless expressly agreed otherwise.
Article 12 - Transactions over a period of time
The consumer may terminate a contract that is entered into for an open-ended period at any time, provided that he/she complies with the rules for giving notice, and allows a notice period of at most one month.
A contract that is entered into for a specified period has a maximum duration of two years. If it has been agreed that in the absence of termination by the customer, the distance contract will be renewed by tacit consent, the contract will be renewed as an open-ended contract, and the notice period after contract renewal shall be a maximum of one month.
Article 13 - Payment
Unless a longer period is agreed, the amounts payable by the consumer shall be paid within fourteen days after delivery of the goods or in the case of a contract for provision of services, within 14 days after presentation of the documents concerning this contract.
In the case of sale of products to consumers, the amount of any advance payment under general terms and conditions may never exceed 50%. If advance payment is stipulated, the consumer cannot assert any rights concerning the execution of the order concerned or service(s) until the advance payment requested has been paid.
The consumer has a duty to inform the supplier without delay about incorrectly provided or shown payment data.
In the event of payment default by the consumer, the supplier is entitled, subject to the statutory restrictions, to charge the consumer reasonable costs notified to him/her in advance.
Article 14 - Complaints procedure
The supplier has a publicly-announced complaints procedure, and deals with the complaint in accordance with this complaints procedure.
Complaints about the execution of the contract must be notified to the supplier within a reasonable period after the consumer has noticed the defects, with a full and clear description.
Complaints submitted to the supplier will be answered within a period of 14 days starting from the date of receipt. If a complaint is predicted to require a longer processing time, the supplier shall acknowledge receipt of the complaint within the 14-day period, giving an indication of when the consumer can expect a more detailed reply.
Article 15 - Supplementary clauses or derogations
Supplementary clauses to or derogations from these general terms and conditions must not be detrimental to the consumer, and must be recorded in writing, in such a way that these can be stored by the consumer in an accessible way on a permanent data storage medium.