Terms And Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
Grace period: the period during which the consumer may exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or trade and who concludes a distance contract with the Entrepreneur;
Day: calendar day;
Term transaction: a distance contract that relates to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time;
Durable medium: any means which enables the consumer or business to store information addressed personally to him/her in a way which permits future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract that exclusively uses one or more means of distance communication within a system organized by the trader for the distance sale of goods and/or services until the moment of the conclusion of the contract;
means of distance communication: means that can be used for the conclusion of a contract without the consumer and the trader being in the same room at the same time
General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.
Article 2 - Identity of the entrepreneurs
Nextup Digital - established in Deurne with Swalm 4 Deurne 5751VE. Registered in the Trade Register of the Chamber of Commerce under: 73993557
Article 3 - Applicability
These general terms and conditions apply to every offer made by the Entrepreneur and to every distance contract and order concluded between the Entrepreneur and the Consumer.
Prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the Consumer. If this is not reasonably possible, it shall be pointed out before the distance contract is concluded that the general terms and conditions may be inspected at the business premises of the trader and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph, before the conclusion of the distance contract the consumer shall be provided with the text of these general terms and conditions in electronic form in such a way that he can easily save it on a durable medium. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be sent to the consumer at his request free of charge either electronically or by other means.
If, in addition to these general conditions, special product or service conditions apply, paragraphs 2 and 3 shall apply accordingly, and the consumer may always invoke the provision most favorable to him in the event of conflicting general conditions.
If at any time one or more provisions of these General Terms and Conditions are null and void or are annulled in whole or in part, the remainder of the Agreement and these General Terms and Conditions shall remain in force and the provision in question shall be replaced without delay, by mutual agreement, by a provision that comes as close as possible to the scope of the original provision.
Situations not covered by these General Terms and Conditions must be judged "in the spirit" of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in 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 conditions, this will be expressly stated in the offer.
The offer is subject to change. The Entrepreneur is entitled to change and adjust 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 properly assess the offer. If the Entrepreneur uses pictures, they are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding on the entrepreneur.
All images, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
The images of the products are a faithful representation of the products offered. The Company cannot guarantee that the colors shown will exactly match the actual colors of the Products.
Each offer contains information from which the consumer can see what rights and obligations are associated with the acceptance of the offer. This concerns in particular:
The price, with the exception of customs clearance costs and import VAT. These additional costs shall be borne by and at the risk of the customer. The postal and/or courier service makes use of the special regulation for postal and courier services at import. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service company collects VAT (also in connection with the customs clearance fee) from the recipient of the goods;
the cost of shipping, if any;
the manner in which the contract is to be concluded and the measures required to achieve it;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the contract;
the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
the amount of the tariff for distance communication, if the cost of using the technology for distance communication is calculated on a basis other than the regular basic tariff for the means of communication used;
whether the contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
the manner in which the consumer may, prior to the conclusion of the contract, verify and, if he so wishes, correct the information provided by him under the contract;
any languages other than Dutch in which the contract may be concluded;
The codes of conduct to which the trader is subject and the way in which the consumer can consult those codes of conduct electronically; and
The minimum duration of the distance contract in the case of a longer transaction.
Optional: available sizes, colors, types of materials.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment when the consumer accepts the offer and the conditions set out therein are met.
If the Consumer has accepted the offer electronically, the Entrepreneur shall immediately confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall take appropriate security measures.
The Entrepreneur may obtain information - within the legal framework - about the Consumer's ability to meet his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the Entrepreneur has good reasons not to conclude the contract, he shall be entitled to refuse an order or an application or to attach special conditions to its execution.
The Entrepreneur shall provide the Consumer with the following information together with the product or service in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
The address of the establishment of the entrepreneur, where the consumer can submit his complaints;
The conditions and the way in which the consumer can exercise his right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
The information about guarantees and existing service after the purchase;
the data referred to in Article 4(3) of these terms and conditions, unless the trader has already provided them to the consumer before the conclusion of the agreement;
the conditions for termination of the agreement, if the agreement has a term of more than one year or is indefinite.
In the case of a term agreement, the provision of the previous paragraph applies only to the first delivery.
Each Agreement is concluded under the condition precedent of sufficient availability of the Products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility to cancel the agreement without giving any reason within 14 days. This cooling-off period begins on the day following receipt of the Product by the Consumer or a representative previously designated by the Consumer and the Entrepreneur.
During the cooling off period, the consumer will handle the product and packaging with care. He will unpack or use the product only to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he shall return the Product to the Entrepreneur with all accessories and - as far as possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the Entrepreneur.
If the Consumer wishes to exercise his right of withdrawal, he must inform the Entrepreneur within 14 days of receipt of the Product. The consumer must make this known in the form of a written notice/email. After the consumer has communicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered product was returned in time, e.g. by a proof of posting.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that he intends to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the cost of returning the goods shall be borne by him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the goods have already been received by the trader or that conclusive proof can be provided that the goods have been returned in full.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is valid only if the trader has made this clear when making the offer or at least in due time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products
which have been created by the trader according to the consumer's specifications;
which are clearly personal in nature;
Which cannot be returned due to their nature;
Which spoil quickly or age;
Whose prices are subject to fluctuations in the financial market that are beyond the control of the Entrepreneur;
For individual newspapers and magazines;
For audio and video recordings and computer software whose seal has been broken by the consumer.
For hygiene products for which the consumer has broken the seal.
The exclusion of the right of withdrawal is possible only for services
for accommodation, transportation, catering or recreational activities to be performed on a specific date or during a specific period;
the delivery of which has begun with the express consent of the consumer before the expiry of the cooling-off period;
on betting and lotteries.
Article 9 - The price
Special additional customs clearance costs and/or import duties are not included in the price and shall be borne by the customer.
During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except in the case of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Trader may offer products or services whose prices are subject to fluctuations on the financial market, over which the Trader has no control, at variable prices. This connection with the fluctuations and the fact that the prices mentioned are recommended prices shall be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permissible if the entrepreneur has agreed them and:
they result from statutory provisions or regulations; or
the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
Pursuant to Article 5(1) of the 1968 VAT Act, the place of delivery shall be the country in which the transport begins. In this case, the delivery takes place outside the EU. Accordingly, the postal or courier company will claim the import VAT and/or customs clearance costs from the customer. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typing errors. No liability will be accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the Entrepreneur is not obliged to deliver the Product at the wrong price.
Article 10 - Compliance and warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for reliability and/or fitness for use and the legal provisions and/or government regulations in force at the time of the conclusion of the contract. If agreed, the Contractor also warrants that the Product is suitable for other than normal use.
A warranty provided by the Entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the Consumer may assert against the Entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the Entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
The warranty period of the entrepreneur is the same as the warranty period of the manufacturer. However, the Contractor is never responsible for the ultimate suitability of the Products for each individual application by the Consumer, nor for any advice regarding the use or application of the Products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated negligently or contrary to the instructions of the Contractor and/or on the packaging;
The defectiveness is due, in whole or in part, to regulations that the State has adopted or will adopt with respect to the type or quality of materials used.
Article 11 - Delivery and execution
The Company shall exercise the utmost care in the receipt and execution of orders for Products.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders expeditiously, but no later than within 30 days, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer shall be informed thereof within 30 days of the order. In this case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.
In case of dissolution according to the previous paragraph, the Entrepreneur shall refund the amount paid by the Consumer as soon as possible, but no later than within 14 days after the dissolution.
If the delivery of an ordered product is not possible, the Entrepreneur will try to find a replacement item. The fact that a replacement item will be delivered, will be communicated in a clear and understandable form at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of returning the goods shall be borne by the Entrepreneur.
The risk of damage and/or loss of Products shall be borne by the Entrepreneur until the moment of delivery to the Consumer or a previously designated representative notified to the Entrepreneur, unless expressly agreed otherwise.
Article 12 - Extended term transactions: duration, termination and extension
Termination
The consumer has the right to terminate at any time an indefinite term contract for the regular supply of goods (including electricity) or services, subject to the agreed termination rules and a notice period not exceeding one month.
The consumer may enter into a contract for a fixed period, covering the regular supply of products (including electricity) or services, terminate at any time at the end of the fixed term the applicable termination rules and a notice period not exceeding one month.
The consumer may terminate the agreements referred to in the previous paragraphs
terminate at any time and not be limited to termination at a specific time or during a specific period;
terminate them at least as they were concluded by him;
always terminate them with the same notice period that the entrepreneur has set for himself.
Extension
A contract concluded for a certain period of time and covering the regular supply of goods (including electricity) or services cannot be tacitly extended or renewed for a certain period of time.
Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be automatically renewed for a fixed term not exceeding three months, if the consumer has the right to terminate such renewed contract at the end of the renewal with a notice period not exceeding one month.
A fixed-term contract for regular delivery of goods or provision of services may be automatically extended for an indefinite period of time only if the consumer has the right to terminate the contract at any time with a notice period not exceeding one month, provided that the notice period may not exceed three months if the subject of the contract is regular delivery of daily or weekly newspapers or magazines, but less than once a month.
A temporary contract for the regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end upon expiration of the trial or introductory period.
Duration
If a contract lasts longer than one year, the consumer may terminate the contract at any time after the expiration of one year by giving up to one month's notice, unless reasonableness and fairness prevent termination before the expiration of the agreed term.
Article 13 - Payment
Unless another date has been agreed, the amounts payable by the consumer shall be paid within seven working days of the beginning of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The Consumer has the obligation to immediately report to the Operator any inaccuracies in the data provided or the payment indicated.
In the event of non-payment on the part of the Consumer, the Entrepreneur shall be entitled, subject to statutory limitations, to charge the Consumer for all reasonable costs notified to him in advance.
Article 14 - Complaints
Complaints about the performance of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has identified the defects.
Complaints addressed to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises, which is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the Entrepreneur, unless the Entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the Entrepreneur, the Entrepreneur shall, at its discretion, either replace or repair the delivered Products free of charge.
Article 15 - Disputes
Only Dutch law is applicable to agreements between the Entrepreneur and the Consumer to which these General Terms and Conditions apply. Even if the consumer lives abroad.
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