Terms and Conditions
https://nexlay.nl
Based on the model terms and conditions of WebwinkelKeur.
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer may exercise the right of withdrawal. 2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
3. Day: calendar day.
4. Long-term 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.
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
7. Model form: the withdrawal form made available by the entrepreneur that a consumer can fill in if they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
9. Distance contract: a contract concluded in the context of an organized system for distance selling of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.
10. Technique for distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being together in the same place at the same time. 11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Nexlay
Floris Versterlaan 60G 2316 DZ Leiden
The Netherlands
Email: niels@nexlay.nl
Chamber of Commerce (KVK): 50328247 VAT number: NL001119738B52
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions are available at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.
3. If the distance contract is concluded electronically, the text of these terms and conditions may, in
deviation from the previous paragraph, be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium.
4. If specific product or service conditions apply in addition to these general terms and conditions, the consumer may, in case of conflicting terms, always rely on the applicable provision most favorable to them.
5. If any provision of these general terms and conditions is null and void or annulled, the remaining provisions remain in force and the provision concerned will be replaced by one that approximates the original intent as much as possible.
6. Situations not covered by these terms and conditions must be assessed “in the spirit” of these terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of these terms must be explained “in the spirit” of these terms and conditions.
Article 4 – The Offer
1. If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images and specifications are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real product colors.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes: price including taxes; possible shipping costs; the method of concluding the contract and necessary steps; whether or not the right of withdrawal applies; the method of payment, delivery, and execution; the period for accepting the offer; whether the contract will be archived; the way in which the consumer can check and correct their provided data before concluding the contract; the languages in which the contract may be concluded; codes of conduct to which the entrepreneur has committed; the minimum duration of a distance contract in the case of a long-term transaction.
Article 5 – The Contract
1. The agreement is concluded at the moment the consumer accepts the offer and meets the conditions, subject to paragraph 4.
2. If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment.
4. The entrepreneur may, within legal limits, obtain information about whether the consumer can meet their payment obligations. If the entrepreneur has good reasons not to conclude the agreement, they are entitled to refuse an order or attach special conditions to execution.
5. The entrepreneur will provide the consumer with the following information, in writing or in a manner that can be stored on a durable medium: the business address of the entrepreneur where complaints can be lodged; the conditions under which the consumer can exercise the right of withdrawal, or a clear statement if excluded; information about guarantees and after-sales service; details from Article 4(3), unless already provided before execution; termination requirements if the contract lasts more than one year or indefinitely.
6. In the case of a long-term transaction, the above applies only to the first delivery.
7. Each contract is concluded under the suspensive condition of sufficient availability of the ordered products.
Article 6 – Right of Withdrawal
Delivery of Products:
1. When purchasing products, the consumer has the right to withdraw from the agreement without giving reasons within 14 days. This period begins on the day after receipt of the product by the consumer or their representative.
2. During the cooling-off period, the consumer will handle the product and packaging carefully. They may only unpack or use the product as far as necessary to judge whether they wish to keep it. If exercising the right of withdrawal, the consumer will return the product with all supplied accessories, in its original condition and packaging, if reasonably possible.
3. The consumer must notify the entrepreneur within 14 days of receipt that they wish to exercise the right of withdrawal. This must be done using the model form or another clear communication method (e.g., email). The product must then be returned within 14 days after notification.
4. If the consumer has not notified or returned the product within the periods mentioned, the purchase is final.
Delivery of Services:
1. In the case of services, the consumer may withdraw within at least 14 days after conclusion of the agreement.
2. To exercise the right of withdrawal, the consumer must follow the entrepreneur’s provided instructions.
Important Addition: The right of withdrawal does not apply to business-to-business (B2B) purchases. B2B customers are excluded from returning goods.
Article 7 – Costs in Case of Withdrawal
1. The consumer bears the direct costs of returning the product.
2. If the consumer has already paid, the entrepreneur will refund the payment as soon as possible, but no later than 14 days after withdrawal, provided the product has been received back or proof of return has been submitted.
3. Refunds will be made via the same payment method used by the consumer, unless the consumer agrees otherwise.
4. If the consumer has mishandled the product and caused damage, they are liable for depreciation. 5. The consumer is not liable for depreciation if the entrepreneur did not provide the legally required information about the right of withdrawal.
Article 8 – Exclusion of the Right of Withdrawal
1. The entrepreneur may exclude the right of withdrawal for the following products and services, provided this is stated clearly in the offer:
Products: made to the consumer’s specifications; clearly personal in nature; that cannot be returned due to their nature; that can spoil or age quickly; whose price depends on fluctuations in the financial market; newspapers, magazines, or periodicals; sealed audio/video recordings or computer software unsealed by the consumer; sealed hygienic products unsealed by the consumer.
Services: relating to accommodation, transport, catering, or leisure activities on a specific date or period; that began with the consumer’s explicit consent before the withdrawal period expired; betting and lotteries.
2. Additional Exclusion: The right of withdrawal is entirely excluded for business-to-business (B2B) purchases.
Article 9 – Price
1. During the validity period stated in the offer, the prices of products and/or services will not be increased, except for changes due to VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer variable prices for products or services whose prices are subject to fluctuations in the financial market. These will be stated clearly in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are due to statutory regulations.
4. Price increases after 3 months are only allowed if agreed and the consumer may terminate the contract if desired.
5. Prices include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for such errors. In case of errors, the entrepreneur is not obliged to deliver at the incorrect price.
Article 10 – Conformity and Warranty
1. The entrepreneur guarantees that products and/or services comply with the agreement, specifications stated, reasonable usability, and legal provisions in force on the date of contract conclusion.
2. Any guarantee provided does not affect the consumer’s statutory rights.
3. All products are subject to statutory warranty. Duration depends on the type of product.
4. Defects must be reported within 2 months of discovery.
5. Warranty is void if: the consumer repairs/has repaired the product themselves; the products were used improperly; defects are caused by government regulations on materials.
Article 11 – Delivery and Execution
1. The entrepreneur will exercise the utmost care when receiving and executing product orders and service requests.
2. The place of delivery is the address provided by the consumer.
3. Accepted orders will be delivered promptly, no later than 30 days, unless agreed otherwise. In case of delay, the consumer may dissolve the agreement without compensation.
4. All delivery terms are indicative and not grounds for compensation.
5. In case of dissolution, payments will be refunded within 14 days.
6. If delivery is impossible, the entrepreneur will supply a replacement product, with clear notice. The right of withdrawal cannot be excluded for replacements.
7. Risk of damage/loss rests with the entrepreneur until delivery to the consumer.
Article 12 – Long-term Transactions: Duration, Termination and Renewal
Termination:
1. The consumer may terminate a contract of indefinite duration at any time with 1 month’s notice. 2. The consumer may terminate a fixed-term contract at the end of the agreed term with 1 month’s notice.
3. The consumer may always terminate as easily as concluded.
Renewal:
1. A fixed-term contract may not be tacitly renewed.
2. Exceptions exist for newspapers/magazines for up to 3 months with notice. 3. Contracts renewed indefinitely may be terminated with 1 month’s notice.
4. Trial subscriptions end automatically.
Duration:
1. Contracts longer than 1 year may be terminated after 1 year with 1 month’s notice, unless fairness prevents it.
Article 13 – Payment
1. Unless otherwise agreed, consumer payments must be made within 7 days after the cooling-off period starts. For services, within 7 days after confirmation.
2. Consumers must correct payment errors promptly.
3. In case of non-payment, the entrepreneur may charge reasonable costs, subject to legal limits.
Article 14 – Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and will handle complaints accordingly.
2. Complaints must be submitted within 2 months after defects are found.
3. Complaints will be answered within 14 days, or a timeframe will be given if longer is needed.
4. If unresolved, disputes are subject to the dispute settlement rules.
5. Consumers may also contact WebwinkelKeur for mediation if the entrepreneur is a member. 6. A complaint does not suspend obligations unless the entrepreneur agrees.
7. If justified, the entrepreneur will replace or repair products at no cost.
Article 15 – Disputes
1. Dutch law exclusively applies to agreements between entrepreneur and consumer. 2. The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Additional or deviating provisions may not disadvantage the consumer and must be recorded in writing or in a durable manner accessible to the consumer.