Terms and conditions

Article 1 – The Webshop

1.1 These are the general terms and conditions of:

Xeropex B.V.
Olympus 167
3825 AJ Amersfoort
T: 06-12073641
E: info@123vazen.nl
KVK: 92025528
VAT: NL865855985B01

1.2 To keep these terms and conditions clear, the following concepts have a fixed meaning:

• Consumer: The Customer who acts for purposes that fall outside their trade or professional activity;
• Right of withdrawal: The right of a Consumer to dissolve a distance contract or an off-premises contract without giving reasons, as referred to in Article 230o of the Dutch Civil Code;
• Customer: Anyone (including legal entities) who concludes an Agreement with the Webshop;
• Agreement: Any contractual relationship between the Webshop and the Customer;
• Webshop: The party named in Article 1.1.

1.3 In these general terms and conditions, the Webshop and the Customer are jointly referred to as "We" or "Us". The terms "You" and "Your" refer to the Customer.

Article 2 – Applicability

2.1 These general terms and conditions apply to every offer made by the Webshop and to every Agreement between You and the Webshop. General terms and conditions that You use yourself do not apply. This is only different if the Webshop has confirmed this to You in writing and expressly.

2.2 If these general terms and conditions contain anything that is 'null and void' or 'can be annulled', all other provisions will remain in force. In that case, We will together make new arrangements that replace the null and void or voidable provisions. The intention of the new provision(s) must resemble the intention of the original provision(s) as closely as possible.

Article 3 – Offers

3.1 Every offer made by the Webshop is without obligation and You may accept it within the period stated in the offer. If You do not, the offer lapses. If no period is stated, a period of 14 days applies. It is not possible to accept or reject only part of an offer made by the Webshop. In that case too, the (entire) offer lapses.

3.2 The Webshop ensures that an offer accurately and completely describes which products and/or (digital) content and services the offer relates to. If the offer contains graphic elements (such as images or videos), these give a truthful representation of those products and/or (digital) content and services.

3.3 If an offer contains an obvious mistake or error (such as a typing error or calculation error), the Webshop is not bound by the offer.

Article 4 – Performance of the Agreement and delivery

4.1 You have an Agreement with the Webshop from the moment You have accepted the Webshop's offer and have met the requirements the Webshop stated in connection with it. You will receive confirmation of this from the Webshop within a reasonable period after the conclusion of the Agreement, in any event upon delivery of the goods, or before the service is performed. That confirmation contains all information referred to in Article 230m paragraph 1 of the Dutch Civil Code, unless You have already received this on a durable medium before the conclusion of the Agreement; and, insofar as applicable, the confirmation of the express prior consent and the declaration referred to in Article 230p sub g of the Dutch Civil Code. As long as You have not yet received the aforementioned confirmation, You may dissolve the Agreement.

4.2 The Webshop does its best to perform the Agreement as carefully and quickly as possible and to deliver the orders You have placed as quickly as possible. The Webshop does this in any event within 30 days after the Agreement has been concluded, unless a different delivery period has been agreed. If the Webshop does not manage to deliver within that period, You may dissolve the agreement.

4.3 Deliveries are made to the address You have provided to the Webshop.

4.4 The Webshop carefully determines who within its organisation is designated to perform the Agreement. The Webshop may also engage third parties for this purpose. The Webshop will inform You in advance of the party it engages for the delivery of ordered products. If products are lost or damaged during that delivery, this is at the Webshop's risk. This is only different if You have expressly agreed something else with the Webshop.

4.5 You must provide the Webshop in good time with all data that the Webshop has indicated to be necessary for the performance of the Agreement, or that You should reasonably understand to be necessary. If You fail to do so, the Webshop is entitled, among other things, to suspend the performance of the Agreement.

Article 5 – Prices

5.1 Are You a Consumer? Then the prices and rates stated by the Webshop are stated including surcharges, levies and taxes (such as VAT) and including additional costs (such as any shipping costs and administration costs). If You are not a Consumer, the prices are, as a starting point, stated excluding VAT and other levies, unless something else is expressly stated with the price.

5.2 Products and/or services whose price is subject to fluctuations in the financial market(s) and over which the Webshop has no influence may be offered by the Webshop at variable prices. The Webshop will then clearly state this with the price.

5.3 The Webshop has the right to implement price changes within 3 months after the Agreement has been concluded, insofar as these result from a change in laws and regulations. If more than 3 months have elapsed, the Webshop also has the right to pass on to You increases in (dispatch) delivery, transport, shipping, call-out and administration costs.

5.4 If You are a Consumer, You have the right to dissolve the Agreement in the event of the price increases referred to in Article 5.3. If You are not a Consumer, You only have the right to dissolve the agreement if the increase amounts to more than 5% of the agreed total price, unless the Webshop offers to bear the price difference (insofar as it exceeds the aforementioned 5%) itself.

Article 6 – Payment

6.1 You are obliged to pay the Webshop's invoices within 14 days after the conclusion of the Agreement, unless You have agreed something else with the Webshop. Are You a Consumer? Then, under the law, the Webshop may not require You to pay more than 50% of the price in advance.

6.2 If You are a Consumer, You are only in default in the fulfilment of payment obligations once the Webshop has given You notice of default and granted a reasonable period of at least 14 days to still fulfil Your payment obligations, and You have not paid within that period either. In that case, You also owe statutory interest and compensation for extrajudicial collection costs. The extrajudicial collection costs amount to (with a minimum of € 40,-):

• 15% over outstanding amounts up to € 2.500,-;
• 10% over the subsequent € 2.500,-;
• 5% over the subsequent € 5.000,-;
• 1% over the subsequent € 190.000,-;
• 0,5% over the remainder.

6.3 If You are not a Consumer, You may not set off, suspend and/or reduce payments to the Webshop, and You are immediately in default if You have not made a payment on time. In that case, the Webshop also has the right to charge the statutory commercial interest from the due date of the invoice until the day You have paid in full.

6.4 Payments You make are first deducted from interest and costs owed. Subsequently from the due and payable invoices that have been outstanding the longest.

6.5 In the event of liquidation, dissolution, bankruptcy or suspension of payment of the Customer, and if the Customer loses free management or free disposal of its assets in whole or in part, the (payment) obligations of the Customer are immediately due and payable.

Article 7 – Warranties

7.1 The Webshop ensures that the products and/or services it delivers to You comply with the Agreement. This means, among other things, that those products and/or services correspond to what You could reasonably expect of them on the basis of the type of goods and the statements the Webshop has made about them. The products and/or services also comply with the laws and regulations that apply at the time the Agreement is concluded. If You are not a Consumer, the Webshop may make different or additional arrangements with You.

7.2 If You are a Consumer, any additional warranties the Webshop has provided to You never limit consumers' statutory rights.

Article 8 – Intellectual property rights

8.1 The intellectual property rights, including the copyrights on all offers, designs, images, drawings and models that the Webshop provides to You, remain the Webshop's, unless the Webshop has agreed something else with You in writing and expressly. Documents, data and materials that the Webshop provides to You are only intended to be used by You as the Customer, and You may not reproduce, disclose or bring them to the knowledge of third parties without the prior written consent of the Webshop.

Article 9 – Right of withdrawal

9.1 If You are a Consumer and there is a distance contract or off-premises contract (as referred to in Article 6:230g of the Dutch Civil Code), You can make use of the Right of withdrawal. This means that You can dissolve the Agreement without giving reasons within a period of 14 days. That period starts on the day on which You, or a third party designated by You (not the carrier), received the product. If the order consists of several goods that are delivered separately, the day on which the last item was received applies.

9.2 To make use of the Right of withdrawal, You must inform the Webshop with an unequivocal statement. You can use the withdrawal form for this (see the appendix). You must send the statement before the period referred to in Article 9.1 has expired.

9.3 If You have not yet received the withdrawal form, the period of 14 days is extended until the moment You have (still) received the form, but at most by twelve months.

9.4 If You make use of the Right of withdrawal, You must handle the received goods and the packaging with care, return the item within 14 days (counting from the day after the statement), and as far as possible with all accessories, in the original condition and packaging. The direct costs of returning are at Your expense, provided that the Webshop has informed You about this before the conclusion of the Agreement.

9.5 If You make use of the Right of withdrawal, the Agreement is dissolved. The Webshop refunds the payments You have made, including any delivery costs, within 14 days after the day of the statement.

9.6 You bear the risk and the burden of proof for the correct and timely exercise of the Right of withdrawal.

Article 10 – Exclusion of the right of withdrawal

10.1 If You are not a Consumer, You cannot make use of the Right of withdrawal.

10.2 If You are a Consumer, You cannot – contrary to Article 9 – make use of the Right of withdrawal if the Webshop has excluded the Right of withdrawal and clearly informed You about this before the conclusion of the Agreement, and the excluded right relates, among other things, to the delivery of goods that are manufactured according to Your specifications, that are not prefabricated and that are made on the basis of an individual choice or decision by You, or that are clearly intended for a specific person.

Article 11 – Termination

11.1 If the Agreement can be terminated, the termination must take place in accordance with the termination rules and notice period You have agreed with the Webshop.

11.2 If You are a Consumer, the statutory rules and periods for the termination of agreements for the regular delivery of goods or the regular provision of services apply; the Webshop may not deviate from these to Your disadvantage.

Article 12 – Personal data

12.1 The Webshop processes personal data only in accordance with applicable laws and regulations (GDPR). See our privacy policy for more information about which data We process, for what purpose, how long We retain it, and which rights You have.

Article 13 – Complaints

13.1 The Webshop has a clear complaints procedure and handles every complaint in accordance with this procedure.

13.2 If You have a complaint about the performance of the Agreement, You must submit it to the Webshop within two months after You discovered the defect, fully and clearly described.

13.3 The Webshop responds as far as possible within 14 days of receipt of the complaint.

13.4 In the case of complaints, You must always first contact the Webshop via info@123vazen.nl. If the parties do not reach a solution together, You can turn to WebwinkelKeur (webwinkelkeur.nl). WebwinkelKeur mediates free of charge. You can check whether the Webshop has a current membership via the WebwinkelKeur members list.

13.5 If mediation by WebwinkelKeur does not lead to a solution, You can also submit the complaint to the independent disputes committee designated by WebwinkelKeur. If You choose to do so, costs may be charged to You.

Article 14 – Governing law and choice of forum

14.1 Dutch law applies exclusively to the Agreement.

14.2 In addition to the complaints procedure of Article 13, You can submit disputes to the court. The court of the district in which the Webshop is established has jurisdiction, unless a court in another place has jurisdiction on the basis of a mandatory statutory provision.

Appendix 1: Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

To: Xeropex B.V., Olympus 167, 3825 AJ Amersfoort. Email address: info@123vazen.nl

• I/We (*) hereby notify you (*) that I/we (*) withdraw (*) from our agreement concerning the sale of the following goods/supply of the following service (*)
• Ordered on (*)/Received on (*):
• Name/Names of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only when this form is submitted on paper):
• Date:

(*) Delete as appropriate.