Article 1 – Definitions
The following terms in these terms and conditions are defined in this article:
1. Reconsideration period: the period of time within which the consumer may exercise his/her right of revocation;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance selling agreement with Vexx;
3. Day: calendar day;
4. Continuing performance transaction: an agreement with respect to a series of goods and/or services, the delivery and/or selling obligation of which is spread out in time;
5. Right of revocation: the option on the part of the consumer to abandon the selling agreement within the reconsideration period;
6. Vexx: the legal person who offers goods and/or service to consumers at a distance;
7. Distance selling agreement: an agreement which is organised by Vexx for the purpose of the selling of goods and/or services to the consumer, up to and including the conclusion of the agreement.
8. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and Vexx being together in the same place at the same time.
Article 2 – Identity of Vexx
Company Name: Vexx
Mailing address: Helftheuvelweg 11, 5222AV Den Bosch, The Netherlands
Telephone number: +31 20 893 2070
E-mail address: info@Vexx.nl
VAT identification: NL854661074B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer on the part of Vexx and to every distance selling agreement between Vexx and the consumer that comes about.
2. The text of these general terms and conditions is to be made available to the consumer prior to concluding the distance selling agreement.
3. In the event that specific product- or service conditions apply in addition to these general terms and conditions, then the second and third section will apply by analogy and the consumer can always rely on the most advantageous provision in the event of contradictory general terms and conditions.
Article 4 – The offer
1. If an offer has a limited term of validity or is subject to certain conditions, then this will be explicitly indicated in the offer.
2. The offer includes a full and accurate description of the goods and/or services offered. The description is detailed enough to allow for an adequate assessment of the offer on the part of the consumer. If Vexx makes use of illustrations, then these are a truthful representation of the goods and/or services offered. Vexx is not bound by obvious mistakes or obvious errors in the offer.
3. Each offer contains information such that the consumer is clearly aware of the rights and obligations that will apply upon accepting the offer. This particularly concerns: o the contents of the goods as described under section 4.2.;
o the price, including taxes;
o the costs of delivery, if any;
o the manner in which the agreement will be concluded and which actions are required to that end;
o whether or not the right of revocation applies;
o the method of payment, delivery and execution of the agreement;
o the term within which the offer can be accepted, or the term within which Vexx guarantees the specified price;
o the codes of conduct to which Vexx has submitted himself and
o the manner in which the consumer can refer to these codes of conduct via electronic means.
Article 5 – The agreement
1. The agreement, subject to that stipulated in section 4, is to come about once the consumer has accepted the offer and has complied with the terms and conditions that apply.
2. The consumer agrees to have read the contents of the goods and agrees not to be likely to get allergic reactions to these contents or put imself/herself into any hazardous situation of some sort.
2. If the consumer has accepted the offer via electronic means, then Vexx is to immediately confirm the receipt of the acceptance of the offer via electronic means. The consumer can dissolve the agreement so long as Vexx has not yet confirmed the receipt of this acceptance.
3. If the agreement is concluded electronically, then Vexx will take appropriate technical and organisational measures further to the security of the electronic transfer of data and will ensure a secure web environment. Vexx will observe appropriate security measures to that end, if the consumer has the option to make payments via electronic means.
4. Vexx can enquire after the ability of the consumer to meet the payment obligations – such within the sphere of the law – as well as after all of the facts and factors that are relevant if one is to responsibly enter into a distance selling agreement. If Vexx has sound reasons on the basis of this investigation not to enter into the agreement, then Vexx, supported by reasons, has the right to refuse an order or a request or to attach specific conditions to the execution.
5. Upon supplying the product or providing a service to the consumer, Vexx will include the following information, either in writing or in such a way that the information can be stored by the consumer in an accessible manner on a permanent data carrier:
a. the visiting address of the branch of Vexx that the consumer can contact in the event of complaints;
b. the terms and conditions subject to which and the manner in which the consumer can exercise the right of revocation, or it must be expressly stated that any right of revocation is excluded;
c. the information concerning guarantees and the available after-sales service;
d. the information included in article 4, section 3 of these terms and conditions, unless Vexx has already provided this information to the consumer prior to implementing the agreement;
e. the requirements pertaining to the cancellation of the agreement if the duration of the agreement exceeds one year or applies for an indefinite period.
6. The provision in the previous section only applies to the first delivery in the case of a continuing performance transaction.
Article 6 – Right of revocation
Concerning the delivery of goods:
1. The consumer has the option further to the purchase of goods to dissolve the agreement within a period of 14 days without having to state the reasons. This reconsideration period will commence on the day following the day upon which the product is received by the consumer or by a representative as appointed by the consumer and made known to Vexx in advance.
2. The consumer will handle the product and the packaging with due care during the reconsideration period. The consumer will only remove the packaging or use the product insofar as necessary in order to assess whether he/she wishes to keep the product. If the consumer wishes to exercise the right of revocation, then he/she will return the product to Vexx with all of the accessories and – if reasonably possible – in its original state and packaging, such in accordance with the reasonable and clear instructions as provided by Vexx.
3. The consumer has the option further to the provision of services to dissolve the agreement within a period of 14 days, starting on the day upon which the agreement is concluded, without having to state the reasons.
4. Upon exercising the right of revocation, the consumer will observe the reasonable and clear instructions as provided by Vexx to that end at the time of the offer and/or not later than upon delivery.
Article 7 – Costs in the event of revocation
1. If the consumer opts to exercise the right of revocation, then he/she will at most be charged the costs of the return shipment.
2. If the consumer has already made a payment, then Vexx will pay this amount back as soon as possible, yet not later than within 30 days after the return shipment or revocation.
Article 8 – Exclusion of the right of revocation
1. Vexx can exclude the right of revocation on the part of the consumer insofar as provided for in sections 2 and 3. The exclusion of the right of revocation only applies if Vexx has explicitly stated the exclusion in the offer, or in any case, well in advance of concluding the agreement.
2. The exclusion of the right of revocation is only possible for goods:
a. that have been realised by Vexx in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can quickly perish or become obsolete;
e. of which the price is subject to fluctuations on the financial market that Vexx has no influence on;
f. for packaging of which the consumer has broken the seal.
Article 9 – The price
1. The prices of the goods and/or services offered will not be increased during the term of validity as specified in the offer, with the exception of price changes further to changes in VAT-rates.
2. Contrary to that stated in the previous section, Vexx may observe variable prices for goods or services of which the prices are subject to fluctuations on the financial market that Vexx has no influence on. These ties to fluctuations and the fact that the prices specified concern guide prices are to be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if these are a consequence of statutory regulations or provisions.
4. Price increases as from 3 months after the conclusion of the agreement are only permitted if Vexx has stipulated these and:
a. these are a consequence of statutory regulations or provisions; or
b. the consumer is authorised to cancel the agreement as of the day upon which the price increase applies.
5. The prices specified in the offer regarding goods or services are inclusive of VAT.
Article 10 – Conformity and Guarantee
1. Vexx guarantees that the goods and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory regulations and/or government regulations that apply on the date of the conclusion of the agreement. If agreed upon, Vexx also guarantees that the product is suitable for purposes other than normal.
2. Any guarantee that is provided by Vexx, manufacturer or importer does not affect the statutory rights and claims that the consumer may exercise towards Vexx on the basis of the agreement.
Article 11 – Delivery and execution
1. Vexx will observe the utmost care upon receiving and upon carrying out orders for goods and upon assessing requests for the provision of services.
2. The address that the consumer has provided to the company will be considered the address of delivery.
3. Taking into account that which is stated in this regard in article 4 of these general terms and conditions, the company will fill accepted orders with due speed yet not later than within 30 days, unless a longer term of delivery has been agreed upon. If the delivery is delayed, or of a delivery cannot be made, or only partially, then the consumer will be notified accordingly not later than 30 days after having placed the order. The consumer will in that case have the right to dissolve the agreement free of charge and without any right to compensation for damages.
4. In the event of the dissolution of the agreement in accordance with the previous section, Vexx will reimburse the amount paid by the consumer as soon as possible yet not later than 30 days after the dissolution.
5. In the event that the delivery of an ordered product is found to be impossible, Vexx will make efforts to make a substitute article available. The delivery of a substitute article will be communicated clearly and comprehensively not later than at the time of delivery. The right of revocation cannot be excluded with respect to substitute articles. The costs of a return shipment, if applicable, are at the expense of Vexx.
6. The risk of damages to and/or the loss of goods lies with Vexx up until the time of delivery to the consumer or to a representative that has been appointed by the consumer and made known to Vexx in advance, unless explicitly otherwise agreed upon.
Article 12 – Cancellation
1. The consumer has the right to cancel an agreement that has been concluded for an indefinite period and that concerns regular deliveries of goods or services, at any time, taking into account the cancellation regulations and a term of notice of at least one month.
2. The consumer has the right to cancel an agreement that has been concluded for a definite period and that concerns regular deliveries of goods or services, at any time during the month, taking into account the cancellation regulations agreed upon to that end and a term of notice of at least one month.
Article 13 – Payment
1. Insofar as not otherwise agreed upon, any amounts owed by the consumer are to be paid within 14 days after the reconsideration period as referred to in article 6, section 1, has commenced. This term will commence after the consumer has received a confirmation of the agreement in the case of an agreement further to the provision of a service.
2. With respect to the sales of goods to consumers, the general terms and conditions may not under any circumstances stipulate an advance payment of more than 50%. If advance payments have been stipulated, then the consumer cannot exercise any right further to the execution of the order or service(s) concerned until the advance payment as stipulated has been made.
3. The consumer is under the obligation to immediately inform Vexx of any inaccuracies in the payment particulars provided or specified.
4. Vexx has the right in the event of failure to pay on the part of the consumer to charge the consumer the reasonable costs as made known to the consumer in advance, such subject to statutory limitations.
Article 14 – Complaints procedure
1. Vexx observes a complaints procedure that has been adequately communicated and will handle any complaint in accordance with this complaints procedure.
2. Complaints regarding the implementation of the agreement are to be lodged with Vexx in clear and comprehensive terms within due time as soon as the consumer has discovered the shortcomings.
3. Any complaints lodged with Vexx will be answered within a period of 14 days starting from the date of receipt. If it can be expected that a complaint will require a longer processing period, then Vexx will send confirmation of receipt within the term of 14 days, along with an indication of when the consumer can expect a more comprehensive answer.
4. If the complaint cannot be solved in mutual consultation, then this will result in a dispute that is susceptible to the arbitration rules.
Article 15 – Disputes
1. All of the agreements between the consumer and Vexx to which these general terms and conditions apply are subject to Dutch law alone.
Article 16 – Additional or deviating stipulations
Any stipulations that deviate to or are supplementary to these general terms and conditions may not be to the disadvantage of the consumer and are to be laid down in writing or laid down in such a way that these can be stored by the consumer on a permanent data carrier in an easily accessible fashion.