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In these terms and conditions, the following definitions apply:
Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance agreement: an agreement that provides for the regular supply of goods, services and/or digital content over a certain period of time;
Durable medium: any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use during a period appropriate to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the reflection period;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I need not be provided if the consumer has no right of withdrawal in respect of his order;
Technique for distance communication: means that can be used to conclude an agreement, without consumer and entrepreneur having to be in the same place at the same time.
NexaParts B.V.;
Duurzaamheidstraat 33, 8094SC Hatemerbroek;
Telephone number: +31 03 2024038 Monday to Friday, from 08:30 to 17:00
E-mail address: info@nexaparts.nl
Chamber of Commerce number: 87151227
VAT identification number: NL864219131B01
If the entrepreneur’s activity is subject to a relevant licensing scheme: the details of the supervisory authority.
If the entrepreneur exercises a regulated profession:
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance agreement is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
If the distance agreement is concluded electronically, then, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, then, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer’s request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him.
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
Within legal frameworks, the entrepreneur may inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur, on the basis of this investigation, has good grounds for not entering into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to performance.
The entrepreneur will, at the latest upon delivery of the product, the service or the digital content to the consumer, provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
In the case of a continuing performance agreement, the provision in the previous paragraph applies only to the first delivery.
The consumer may dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for diminished value of the product resulting from handling of the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for diminished value of the product if the entrepreneur did not provide him with all legally required information about the right of withdrawal before or when concluding the agreement.
If the consumer makes use of his right of withdrawal, he will notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not indicated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity that is not made ready for sale in a limited volume or certain quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been performed by the entrepreneur at the moment of withdrawal, compared with full performance of the obligation.
The consumer bears no costs for the performance of services or the supply of water, gas or electricity that is not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
If the consumer makes use of his right of withdrawal, all additional agreements are dissolved by operation of law.
If the entrepreneur enables the consumer to notify withdrawal electronically, he will send a confirmation of receipt promptly after receiving this notification.
The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer provides proof that he has returned the product, whichever is earlier.
The entrepreneur uses the same means of payment for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement:
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any stated prices are guide prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
The prices stated in the offer of products or services include VAT.
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
Additional guarantee means any undertaking by the entrepreneur, his supplier, importer or producer in which this party grants the consumer certain rights or claims that go beyond what this party is legally obliged to provide in the event of failure to fulfil his part of the agreement.
The entrepreneur will exercise the greatest possible care when receiving and when executing orders for products and when assessing requests to provide services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
In deviation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery for acquaintance purposes of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Unless otherwise provided in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or, if there is no reflection period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any right regarding the performance of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not fulfil his payment obligation(s) in time, he is, after having been pointed out by the entrepreneur to the late payment and the entrepreneur having granted the consumer a period of 14 days, starting on the day after receipt of the reminder, to still fulfil his payment obligations, after failure to pay within this 14-day period, liable for statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages to the benefit of the consumer.
The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur are answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service or the entrepreneur’s service may also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website thuiswinkel.org. The complaint will then be sent both to the relevant entrepreneur and to Thuiswinkel.org.
The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the dispute resolution procedure.
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. If the entrepreneur directs his activities to the country where the consumer lives, the consumer can also always invoke the mandatory consumer law of his country.
Disputes between the consumer and the entrepreneur about the formation or performance of agreements relating to products and services to be delivered or delivered by this entrepreneur may, with due observance of what is stated below, be submitted both by the consumer and by the entrepreneur to the Disputes Committee Thuiswinkel, Postbus 90600, 2509 LP The Hague (sgc.nl).
A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first reports this to the entrepreneur.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must, within five weeks after a written request made by the entrepreneur to that effect, state in writing whether he also wishes this or whether he wishes to have the dispute handled by the competent court. If the entrepreneur does not learn of the consumer’s choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee gives a decision under the conditions as established in the regulations of the Disputes Committee (degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not handle a dispute or will stop handling it if the entrepreneur has been granted suspension of payments, has been declared bankrupt or has in fact ended his business activities, before a dispute has been handled by the committee at the hearing and a final decision has been issued.
If, in addition to the Disputes Committee Thuiswinkel, another recognised disputes committee affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Complaints Institute Financial Services (Kifid) is competent, the Disputes Committee Thuiswinkel is preferably competent for disputes mainly concerning the method of distance selling or distance service provision. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid is competent.
org guarantees compliance by its members with the binding advice of the Disputes Committee Thuiswinkel, unless the member decides to submit the binding advice to the court for review within two months of its dispatch. This guarantee revives if the binding advice remains in force after review by the court and the judgment showing this has become final. Up to an amount of €10,000 per binding advice, this amount will be paid by Thuiswinkel.org to the consumer. For amounts exceeding €10,000 per binding advice, €10,000 will be paid out. For the remainder, Thuiswinkel.org has an obligation of best efforts to ensure that the member complies with the binding advice.
For application of this guarantee, it is required that the consumer makes a written appeal to Thuiswinkel.org and that he assigns his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to assign his claim to Thuiswinkel.org insofar as it exceeds the amount of €10,000, after which this organisation will, in its own name and at its own expense, claim payment thereof in court for satisfaction of the consumer.
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, with the understanding that in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer will prevail.
Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
Postbus 7001, 6710 CB Ede
(only complete and return this form if you wish to withdraw from the agreement)
To: NexaParts B.V.
Duurzaamheidstraat 33
8094 SC Hattemerbroek
info@nexaparts.nl
I/We* hereby notify you that I/We* withdraw from our agreement concerning:
withdraw/withdrawn*
Ordered on*/received on* [date of order for services or receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only when this form is submitted on paper)
[Date]
* Cross out what does not apply or complete what applies.
These are the general terms and conditions of NexaParts B.V. These conditions apply to all business customers (B2B). By placing an order, the customer agrees to these terms.
In case of force majeure, NexaParts is not obliged to deliver and no liability arises.
All agreements are governed by Dutch law. Disputes will be handled by the competent court in the district of NexaParts.