General conditions

TABLE OF CONTENTS:

Article 1 - Definitions
Article 2 - Identity of NEEV
Article 3 - Applicability.
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Costs in case of withdrawal
Article 9 - Exclusion of right of withdrawal.
Article 10 - The price
Article 11 - Conformity & Warranty.
Article 12 - Delivery & Execution.
Article 13 - Long-term Transactions: Duration & Termination
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Applicable law
Article 17 - Additional or different provisions

 

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions shall apply:

1.  Ancillary contract means a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by NEEV or by a third party based on an arrangement between that third party and NEEV;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;
4.  Day: calendar day;
5.  Digital content: data produced and delivered in digital form;
6.  Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specified period of time;
7. Durable data carrier: any device - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's ability to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person and offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between NEEV and the consumer in the context of an organized system for distance selling of products, digital content and / or services without simultaneous presence, where up to and including the conclusion of the contract exclusive or joint use is made of one or more means of distance communication;
11. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
    

 

ARTICLE 2 - IDENTITY OF NEEV

NEEV (pronounced NIEV)
PO Box: 620, 5400 AP Uden (The Netherlands)
Chamber of Commerce number: 75890577
Btw-identificatienummer: 860434618B01
E-mail address: [email protected]

 

ARTICLE 3 - APPLICABILITY

1. These general terms and conditions apply to any offer by NEEV and any distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, NEEV will indicate how the general terms and conditions can be inspected at NEEV and that, at the consumer's request, they will be sent free of charge as soon as possible.
3.  If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may 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 conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.

 

ARTICLE 4 - THE OFFER

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If NEEV 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 NEEV.
3.  Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

 

ARTICLE 5 - THE AGREEMENT

1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer's acceptance of the offer and fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, NEEV shall immediately confirm electronically the receipt of the acceptance of the offer. Until receipt of this acceptance is confirmed by NEEV, the consumer may dissolve the contract.
3.  If the contract is concluded electronically, NEEV will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, NEEV will observe appropriate security measures for this purpose
4.  NEEV may within legal frameworks - to find out whether the consumer can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If NEEV on the basis of this investigation has good grounds not to enter into the agreement, NEEV is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. NEEV will include the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content to the consumer:
   a. NEEV's contact information so that the customer is able to file any complaints;
   b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
   c. the information about warranties and existing service after purchase;
   d. the total price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
   e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   f. if the consumer has a right of withdrawal, the return form for withdrawal
6.  In the case of an expensive transaction, the provision of the previous paragraph applies only to the first delivery.

 

ARTICLE 6 - RIGHT OF WITHDRAWAL

To deliver products:

1. After buying products, the customer has the right to terminate the agreement. revoked without giving a valid reason for the duration of 30 days. The cooling-off period starts on the day the customer receives the product or on which the product is delivered to a location chosen by the customer as agreed with NEEV.
2. During the cooling-off period, the customer must handle the product and its packaging with care. The customer may only remove the product from its packaging and use it as long as this is necessary to form an opinion about the product. If the customer wishes to invoke the right of withdrawal, he must return the product with its accessories and in its original packaging to NEEV. The return must include the return form in order to be processed.

To provide services:

3. For the provision of services, the customer has the right to revoke the agreement without giving a valid reason for the duration of seven days from the day the agreement took effect.
4. To exercise the right of withdrawal, the customer must receive reasonable, clear instructions from NEEV at the time of the offer or at the latest during delivery of the service and the customer must follow these instructions.

 

ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD

1. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is liable for diminished value of the product resulting from a way of handling the product beyond that permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if NEEV did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

 

ARTICLE 8 - COSTS IN CASE OF WITHDRAWAL

1. If the consumer exercises his right of withdrawal, any depreciation will be at his expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
3. The consumer is not liable for depreciation of the product if NEEV did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

 

ARTICLE 9 - EXCLUSION OF RIGHT OF WITHDRAWAL

NEEV may exclude the right of withdrawal to the extent provided for in paragraphs 2 and 3 of this article. The exclusion of the right of withdrawal is only possible if NEEV has clearly stated this prior to entering into the agreement.
Excluding the right of withdrawal is only possible for products:
- designed by NEEV in compliance with desired specifications of the customer;
- that are clearly personal in nature;
- which cannot be returned due to the nature of the product;
- that spoil or age quickly;
- the price of which is subject to fluctuation in the financial market over which NEEV has no control;
- that serve as a personal newsletter or personal magazine;
- that involve audio or video recordings or computer software whose seal has been broken by the customer.

Exclusion of the right of withdrawal is only possible for services:
- regarding lodging and accommodation, transportation, restaurants or spending free time on a paid date or during a specified period;
- whose delivery has already begun as a result of the customer's express consent even before the cooling-off period has expired;
- Regarding betting and lotteries.

 

ARTICLE 10 - THE PRICE

1. During the validity period stated 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. Notwithstanding the previous paragraph, NEEV may offer products or services whose prices are tied to fluctuations in the financial market and over which NEEV has no control, with variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if NEEV has stipulated it and:
   a. these are the result of statutory regulations or provisions; or
   b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. Deliveries within the European Economic Area, and with the exception of accessories, are not subject to delivery charges. For deliveries outside the European Economic Area, handling and transport costs may be charged. In addition, additional taxes and (customs) duties may apply.
7. Payments can be made at the time of formation of the agreement by any of the following methods: iDeal, Mastercard, Visa, American & Paypal.

 

ARTICLE 11 - CONFORMITY & WARRANTY

1. NEEV assures that the products and services meet what is stated in the agreement, including specifications stated in the agreement, reasonable requirements, soundness and usability in compliance with the laws and regulations in force at the time of entering into the agreement.
2. A warranty provided by NEEV, the manufacturer or importer does not affect the customer's rights and claims under the contract entered into against NEEV.

 

ARTICLE 12 - DELIVERY AND EXECUTION

1. NEEV will ensure both the quality of receipt and execution of orders for products and the quality of execution of services, at all times.
2. The address notified by the customer to NEEV is considered the delivery address.
3. Subject to what is mentioned in article 4 of these general conditions, NEEV will execute the agreements as soon as possible, but at the latest within thirty days unless otherwise agreed. If delivery is delayed or a delivery cannot be carried out (in part), the customer will be notified within thirty days of placing the order. If this is the case, the customer has the right to terminate the agreement without any costs.
4. In the event of termination as mentioned in paragraph 3 of this article, NEEV will refund the amount paid by the customer as soon as possible but no later than thirty days after termination.
5. If delivery of an ordered product proves impossible, NEEV will offer a suitable replacement product. Prior to delivery, it will be clearly communicated to the customer that a replacement product will be delivered. The right of withdrawal cannot be excluded with respect to replacement products. The cost of any return costs will be borne by NEEV.
6. The risk of damage and/or loss of products shall be borne by NEEV until the time of delivery to the address specified by the customer to NEEV in advance, unless expressly agreed otherwise.
7. If the customer receives a damaged product, the customer should report it via email within 48 hours of receipt. Customer can email to [email protected]

 

ARTICLE 13 - LONG-TERM TRANSACTIONS: DURATION & TERMINATION

1. Long-term transactions can be agreed upon for definite or indefinite periods, depending on the wishes of the client and of NEEV.
2. The customer may terminate the agreement for an indefinite period that includes daily supply of products (including electricity) and services at any time subject to the applicable notice period of not more than one month.
3. The customer may terminate the fixed-term contract that includes daily supply of products (including electricity) or services at the end of the fixed-term period subject to the applicable notice period of not more than one month.

 

ARTICLE 14 - PAYMENT

1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has a duty to immediately report inaccuracies in payment information provided or listed to NEEV.
4. If the consumer does not timely fulfill his payment obligation(s), the consumer shall, after being notified by NEEV of the late payment and NEEV has granted the consumer a period of 14 days to still fulfill his payment obligations, after failure to pay within this 14 day period, owe statutory interest on the amount still due and NEEV is entitled to charge the extrajudicial collection costs incurred by it. These collection costs shall not exceed: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000 with a minimum of € 40. NEEV may deviate from said amounts and percentages for the benefit of the consumer.

 

ARTICLE 15 - COMPLAINTS PROCEDURE

1. NEEV has a sufficiently publicized complaint procedure and will handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract must be submitted to NEEV fully and clearly described within a reasonable time after the consumer discovers the defects.
3. Complaints submitted to NEEV will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, NEEV will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service or the service of NEEV of likewise be made by e-mail: [email protected]
5. The consumer must give NEEV at least 6 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is amenable to the dispute resolution process.

 

ARTICLE 16 - APPLICABLE LAW

Dutch law applies to all agreements between NEEV and its customers to which these general terms and conditions apply.

 

ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.