Terms of service

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer may exercise their right of withdrawal.

  • Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

  • Day: calendar day.

  • Continuing performance contract: a distance contract concerning a series of products and/or services, the supply and/or purchase obligation of which is spread over time.

  • Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

  • Right of withdrawal: the consumer’s ability to withdraw from 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 concluded within the framework of a system organized by the entrepreneur for the distance sale 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.

  • Technique for distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur 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 Entrepreneur

  • Company name: Connext

  • Legal form: General Partnership (vof)

  • Address: Ruigoord 132, Rotterdam

  • E-mail address: teamconnext@outlook.com

Article 3 – Applicability

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.

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 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 upon request.

In deviation from the previous paragraph, if the distance contract is concluded electronically, the text of these terms and conditions may be provided to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

If, in addition to these general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these General Terms and Conditions shall remain in force, and the relevant provision shall be replaced without delay, by mutual agreement, with a provision that approaches the intent of the original provision as closely as possible.

Situations not covered by these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these General Terms and Conditions must also be interpreted “in the spirit” of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made under conditions, this will be expressly stated in the offer.

The offer is subject to change. The entrepreneur reserves the right to modify or 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

The images of the products are a faithful representation of the products offered. However, the entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to acceptance of the offer. This particularly concerns:

  • the price, excluding customs clearance costs and VAT upon import. These additional costs are the responsibility and risk of the customer. The postal and/or courier service applies the special regulation for postal and courier services upon 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 company will collect VAT (also related to customs clearance fees) from the recipient of the goods;

  • any applicable shipping costs;

  • the way in which the agreement will be concluded and the actions required to do so;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the agreement;

  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;

  • the level of the tariff for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate;

  • whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;

  • the way in which the consumer can check and, if desired, correct the information provided by them in relation to the contract before conclusion;

  • any other languages in which the agreement can be concluded;

  • the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and

  • the minimum duration of the distance contract in case of a continuing performance contract.

Optional: available sizes, colors, material types.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the 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 shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may, within legal frameworks, obtain information about whether the consumer can meet their payment obligations, as well as about all those facts and factors that are important for responsibly concluding the distance contract. If, on the basis of this investigation, the entrepreneur has sound reasons not to enter into the contract, they are entitled to refuse an order or request or attach special conditions to its execution.

The entrepreneur shall provide the consumer, along with the product or service, in writing or in a manner that allows storage on a durable data carrier, the following information:

  • the address of the entrepreneur’s business premises where the consumer can lodge complaints;

  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  • information about guarantees and existing after-sales service;

  • the data referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

  • the conditions for terminating the agreement if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract without giving any reason within 14 days. The cooling-off period starts the day after the consumer, or a representative designated in advance by the consumer and the entrepreneur, has received the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, they must return the product with all supplied accessories and, as far as reasonably possible, in its original condition and packaging, to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. Notification must be made in writing or by e-mail. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the product has been returned on time, for example by providing proof of shipment.

If the consumer has not indicated that they are exercising their right of withdrawal within the periods mentioned above, 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 the right of withdrawal, the cost of returning the goods shall be borne by the consumer.

If the consumer has already paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the goods have already been received by the entrepreneur or that conclusive proof of the return shipment can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • produced by the entrepreneur according to the consumer’s specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that spoil or age quickly;

  • whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;

  • for individual newspapers and magazines;

  • for audio and video recordings and computer software whose seal has been broken by the consumer;

  • for hygiene products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  1. relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;

  2. where delivery has begun with the express consent of the consumer before the cooling-off period has expired;

  3. relating to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall 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 on the financial market over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that the stated prices are target prices shall be stated in the offer.

Price increases within 3 months of concluding the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

  • they are the result of statutory regulations or provisions, or

  • the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

According to Article 5, paragraph 1, of the 1968 VAT Act, the place of supply is the country where the transport begins. In that case, delivery takes place outside the EU. Consequently, the postal or courier company will charge the consumer VAT on import and/or customs clearance costs. Therefore, the entrepreneur will not charge VAT.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of typographical or printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the agreement.

Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The entrepreneur 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 altered the delivered products themselves or had them repaired and/or altered by a third party;

  • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

  • the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing product orders.

The place of delivery is the address the consumer has provided to the entrepreneur.

Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but at least within 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to compensation where applicable.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement article. No later than upon delivery, it shall be clearly and comprehensibly stated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuation of Work: Duration, Termination, and Extension

Termination

The consumer may terminate an open-ended agreement entered into for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement entered into for the regular delivery of products (including electricity) or services at the end of the fixed duration, subject to 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 at any time and not be limited to termination at a specific time or during a specific period;

  • terminate them at least in the same way as they were entered into by the consumer;

  • always terminate them with the same notice period that the entrepreneur has stipulated for themselves.

Extension

A fixed-term agreement concluded for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer has the right to terminate the agreement at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement concerns the regular but less than monthly delivery of daily or weekly newspapers or magazines.

A temporary agreement for the regular delivery of daily or weekly newspapers or magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 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 duty to report inaccuracies in payment data provided or specified to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for all reasonable costs that were made known in advance.

Article 14 – Complaints

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a notice 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 that is subject to the dispute settlement procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.