General terms and conditions xd-design.com
Article 1 Definitions
1.01 xd-design.com: XD Connects B.V., having its registered office in Lange Kleiweg 6-28, 2288 GK Rijswijk, the Netherlands and registered with the Chamber of Commerce under file number 27115697.
1.02 Customer: natural person who has placed an order with xd-design.com.
1.03 Contract: an order, agreement or contract between xd-design.com and the Customer, including the General Terms and Conditions, where applicable.
1.04 Website: xd-design.com and all corresponding subdomains.
Article 2 Applicability
2.01 These General Terms and Conditions apply to all offers, contracts and deliveries by xd-design.com, unless otherwise expressly agreed in writing.
2.02 If the Customer applies terms and conditions of its own that deviate from these General Terms and Conditions, they will not be binding on xd-design.com.
Article 3 Pricing
3.01 All prices and information on the Website are subject to apparent programming and typing errors.
3.02 Delivery and administration charges are included in the final total price in the order process.
This will be clarified to the Customer during the order process.
3.03 The shipping costs are specified on the shipping cost page.
Article 4 Formation of the Contract
4.01 The Contract will be formed when the Customer accepts the offer of xd-design.com and the conditions set by [domain web shop].com in the process have been complied with.
4.02 If the Customer has accepted the offer in electronic form, xd-design.com will confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer will have the possibility to terminate the Contract.
Article 5 Performance of the Contract/delivery
5.01 Your order will be processed as soon as xd-design.com has received your payment; xd-design.com will send you the products as soon as possible.
5.02 Payment in arrears is only possible if this payment method is offered during the order process.
5.03 If it is not possible to deliver the products within the delivery period mentioned on the website. xd-design.com will inform the Customer hereof as soon as possible. In that case, the Customer will have the possibility to terminate the Contract.
5.04 If no delivery period is agreed, xd-design.com will deliver the products at the latest within 30 days. If xd-design.com fails to deliver within this period, the Customer will be entitled to terminate the Contract.
5.05 xd-design.com advises the Customer to inspect the products delivered and to report any defects found within a reasonable period of time, preferably in writing or by email. See for more information: Article 14. Defects
5.06 As soon as the products to be delivered have been delivered at the delivery address given, the risk in these goods will pass to the Customer.
Article 6 Right of withdrawal
6.01 The Customer may terminate a contract with regard to the purchase of a product during a reflection period of at least 14 days,
without giving reasons. xd-design.com may ask the Customer for the reason of the withdrawal, but cannot oblige the Customer to give the reason(s).
6.02 The reflection period mentioned in paragraph 1 starts on the day after the Customer, or a third party designated by the Customer who is not the carrier, has received the product, or:
(a) If the Customer has ordered several products in the same order: on the day on which the Customer or a third party designated by the Customer has received the last product. xd-design.com may refuse an order of several products with a different delivery period, provided it has clearly informed the Customer hereof prior to the order process.
(b) If the delivery of a product consists of various shipments or parts: the day on which the Customer or a third party designated by the Customer has received the last shipment or the last part;
(c) in the event of contracts for frequent deliveries of products during a certain period: the day on which the Customer or a third party designated by the Customer has received the first product. In the event of services and digital content not supplied on a material carrier:
6.03 The Customer may terminate a contract for the provision of services and a contract for the delivery of digital content not supplied on a material carrier for at least 14 days without giving reasons. [domain web shop].com may ask the Customer for the reason of the withdrawal, but cannot oblige the Customer to give the reason(s).
6.04 The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the contract. Extended reflection period for products, services and digital content not supplied on a material carrier when the Customer has not been informed of the right of withdrawal:
6.05 If xd-design.com has not provided the Customer, as required by law, with the information on the right of withdrawal or the model form for withdrawal, the reflection time will end twelve months after the end of the original reflection period determined in accordance with the preceding paragraphs.
6.06 If xd-design.com has provided the Customer with the information referred to in the preceding paragraph within twelve months after the start date of the original reflection period, the reflection period will end 14 days after the day on which the Customer received that information.
Article 7 Obligations of the Customer during the reflection period
7.01 During the reflection period, the Customer shall handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, properties and functioning of the product. The starting point is that the Customer may only use and inspect the product as he would be allowed to do in a shop.
7.02 The Customer will only be liable for the decrease in value of the product that is the result of having used the product in a manner beyond that which is allowed according to paragraph 1.
7.03 The Customer will not be liable for any decrease in value of the product if xd-design.com has not provided him with all the information on the right of withdrawal that he is required to provide by law before entering into the contract.
Article 8 Exercise of the right of withdrawal by the Customer and the costs thereof
8.01 If the Customer exercises his right of withdrawal, he shall notify this within the reflection period by using the model form for withdrawal or by contacting +3170-3199967 by phone or in any other unambiguous manner to xd-design.com.
8.02 As soon as possible, however within 14 days as of the day following the notice referred to in paragraph 1, the Customer shall send the product back. The Customer will in any case have complied with the period within which products must be returned if he sends the product back before the reflection period has ended.
8.03 The Customer shall send the product back with all accessories delivered along with the product, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions given by xd-design.com. 8.04 The risk and burden of proof for the correct and timely exercise of the right of withdrawal is on the Customer. 8.05 The Customer bears the direct costs for sending the product back. 8.06 The Customer will not bear any costs for the full or partial delivery of digital content not supplied on a material carrier if:
(d) he has not explicitly agreed, prior to the delivery, to the start of the performance of the contract before the end of the reflection period.
(e) he has not acknowledged that he loses his right of withdrawal when granting his permission; or
(f) xd-design.com has failed to confirm this statement of the Customer.
8.07 If the Customer exercises his right of withdrawal, all additional contracts will be terminated by operation of law.
Article 9 Obligations of xd-design.com in the event of withdrawal
9.01 If xd-design.com enables the Customer to give notice of withdrawal in electronic form, it will immediately send an acknowledgement of receipt upon receiving this notice.
9.02 xd-design.com will immediately repay all payments by the Customer, including any delivery costs charged by xd-design.com for the product sent back, or at least within 14 days following the day on which the Customer gives notice of withdrawal. xd-design.com may wait with the repayment until it has received the product or until the Customer proves that he has sent the product back, whichever is the earliest.
9.03 xd-design.com will use the same means of payment that the Customer used, unless the Customer agrees to a different means of payment. The repayment is at no costs for the Customer.
9.04 If the Customer has chosen a more expensive means of delivery than the cheapest standard delivery, xd-design.com will not have to repay the additional costs for the more expensive means of delivery.
Article 10 Exclusion of the right of withdrawal
10.01 xd-design.com may exclude quickly perishable products or products with a limited shelf life from the right of withdrawal, but only if xd-design.com has clearly indicated this in the offer, or at least in time before entering into the contract.
Article 11 Payment
Each purchase must be paid in advance. Goods will only be shipped after verification of the payment made by the Customer.
Article 12 Force majeure
12.01 In the event of force majeure, xd-design.com is not obliged to compensate the Customer for the loss suffered as a result.
Article 13 Guarantee
13.01 xd-design.com guarantees that the products and/or services comply with the contract.
13.02 The guarantee that xd-design.com gives, is limited to the guarantee issued by the manufacturer of the products.
13.03 A guarantee issued by xd-design.com, manufacturer or importer does not affect the statutory rights and claims that the Customer has pursuant to the contract.
Article 14 Defects
14.01 The Customer must inform xd-design.com within 2 months after having found the defect. xd-design.com shall reply within 30 days
14.02 If xd-design.com feels that this complaint is well-founded, the products in question will be repaired, replaced or repaid after consultation with the Customer. The maximum compensation is equal to the price that the Customer paid for the product.
14.03 The Customer is not allowed to try and repair the product himself.
Article 15 Complaints
15.01 If you, as a Customer, have a complaint about the handling of your order or the provision of services, you may contact xd-design.com via the contact form. You must specify the following in your complaint: [order number, name, address, substance of the complaint…].
15.02 Within 14 days, you will receive a response to your complaint.
15.03 If you feel that your complaint has not been dealt with or has not been dealt with sufficiently, you may report your complaint to the ODR platform of the European Committee. You can find this platform here.
Article 16 Personal data
Article 17 Final stipulations
17.01 These terms and conditions have been drafted in accordance with the European directive for consumer disputes.
17.02 Insofar as these general terms and conditions or mandatory legal provisions do not prescribe otherwise, any dispute that may arise in connection with the Contract will be submitted to the competent Dutch court in Breda.
17.03 If a provision of these General Terms and Conditions proves to be void, this will not affect the validity of the General Terms and Conditions.
17.04 For the purpose of these terms and conditions, "in writing" also includes by email. In that case, the version received or saved by xd-design.com of that message will be regarded as the authentic version, unless the Customer is able to prove that this version is not authentic.
Article 18 Contact details
18.01 Should you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us email@example.com or by mail:
XD Connects B.V.
Lange Kleiweg 6-28, 2288 GK Rijswijk