Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Reflection Period: the period within which the consumer can exercise their right of withdrawal;

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

Day: calendar day;

Duration Transaction: a distance contract relating to a series of products and/or services, whereby the delivery and/or purchase obligation is spread over time;

Durable Data Carrier: any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance Contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;

Means of Distance Communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same space simultaneously.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Company Name: Van Bond 

Chamber of Commerce Number: 81834187

Trading Name: NYXT-London.com

VAT Number: NL003610598B79

Customer Service Email: info@nyxt-london.com

Business Address:

Smetanalaan 8
3055 TM Rotterdam
The Netherlands

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders established between entrepreneur and consumer.
2. 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of contradictory terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be immediately replaced in mutual consultation by a provision that approximates the original as much as possible.
6. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• the price, excluding customs clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to import. This arrangement applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the charged customs clearance costs) from the recipient of the goods;
• any shipping costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and implementation of the agreement;
• the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer can verify the information provided by them under the agreement before concluding the agreement, and if desired, correct it;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a duration transaction.
• Optional: available sizes, colors, types of materials.

Article 5 - The Agreement

1. The agreement comes into effect, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will 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 will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform themselves about the consumer's ability to meet their payment obligations, as well as about all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds to not enter into the agreement based on this investigation, they are entitled to refuse an order or request with reasons or to attach special conditions to the implementation.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing after-sales service; d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

1. When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known through a written message/email. After the consumer has expressed their wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned timely, for example by means of proof of shipment.
4. If the customer has not made known their wish to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, and/or has not returned the product to the entrepreneur, the purchase is final.

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, the costs for returning the products shall be borne by the consumer.
2. 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 conditional on the product having already been received back by the web retailer or conclusive proof of complete return can be submitted.

Article 8 - Exclusion of Right of Withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur in accordance with the consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that can spoil or age quickly; e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software whose seal has been broken by the consumer; h. for hygienic products whose seal has been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services: a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period; b. whose delivery has begun with the express consent of the consumer before the reflection period has expired; c. concerning betting and lotteries.

Article 9 - The Price

1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement effective from the day the price increase takes effect.
5. The place of delivery takes place on the basis of Article 5, first paragraph, of the Turnover Tax Act 1968 in the country where the transport begins. In this case, this delivery takes place outside the EU. Following this, import VAT and/or clearance costs will be collected from the recipient by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.
6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must be in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, 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.
5. The warranty does not apply if: a. The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties; b. The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the entrepreneur's instructions and/or the packaging instructions; c. The defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and Implementation

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with expedition but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment are at the entrepreneur's expense.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration Transactions: Duration, Cancellation, and Extension

Cancellation:

1. The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the definite period with due observance of the agreed cancellation rules and a notice period of no more than one month.
3. The consumer can cancel the agreements mentioned in the previous paragraphs:
   • at any time and not be limited to cancellation at a specific time or in a specific period;
   • at least cancel them in the same way as they were entered into by them;
   • always cancel them with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

1. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.
2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement with limited duration for the regular introductory delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration:

1. If an agreement has a duration of more than one year, the consumer may after a 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.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In case of default by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure

1. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
3. If the complaint cannot be resolved by mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
4. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
5. If a complaint is found to be justified by the entrepreneur, the entrepreneur will at their choice 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 exclusively governed by Dutch law. This also applies if the consumer lives abroad.