1. Definition and Scope
1.1 In these General Terms and Conditions, the following terms have the following meanings:
Offer: the products offered by the intermediary;
Intermediary:
XEVY/JSRX
Kartinihof 5
2548BB The Hague
The Netherlands
Company number: 87950057
VAT Number: NL004512918B39
Order: the product ordered by the buyer for which a contract has been concluded;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in a commercial or business capacity and concludes a distance contract with an intermediary;
Form: the withdrawal form provided by the supplier, which a consumer can fill out if they wish to exercise their right of withdrawal, as set out in the annex to the terms and conditions;
Right of withdrawal: the possibility for the consumer to withdraw from the contract within the cooling-off period;
Buyer: the person with whom a contract is concluded on behalf of the supplier;
Supplier: the supplier of a product;
Agreement: an agreement to be concluded or to be concluded between the buyer and the supplier via an intermediary for the purchase of products, where only one or more distance communication techniques are used for the conclusion of the agreement;
Product: goods offered by the supplier via the website using dropshipping;
In writing: any digital communication using characters that can be stored on a durable medium and for which the intermediary can determine the method to be used;
General Terms and Conditions: The general terms and conditions are determined by the seller acting as an intermediary.
1.2 These terms and conditions apply to every offer made by an intermediary, every order, and every agreement, including any amendments or modifications thereto, as well as to subsequent agreements.
1.3 The applicability of any general or (purchase) terms and conditions of the buyer of the intermediary is expressly rejected.
1.4 Articles 11.5, 11.6, 12, 13, and 14 of these General Terms and Conditions apply only to consumers.
1.5 Should one or more provisions of these terms and conditions be wholly or partially invalid at any time, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced immediately by a provision that, by mutual agreement, comes as close as possible to the meaning and purpose of the original provision.
2. Dropshipping
2.1 The supplier's details are listed on the website.
2.2 If the supplier is not based in the Netherlands, the ordered product will be registered in the buyer's name. All additional costs, such as VAT, customs clearance fees, and other government charges, will be borne by the buyer.
2.3 The prices quoted in the offer are exclusive of VAT and other government levies, as well as shipping and any transport and packaging costs, unless expressly stated otherwise.
2.4 Payment for the order is processed through an intermediary, who pays the supplier on behalf of the buyer.
2.5 The difference between the amount paid by the buyer for the order and the amount paid by the intermediary to the supplier is considered compensation for the services provided by the intermediary.
3. Offer
3.1 Each offer from an intermediary has a limited validity period, i.e., until a product is no longer in stock or available from the supplier ("expires") or can no longer be ordered via the website.
3.2 If an offer is made subject to certain conditions, this will be expressly stated in the offer.
3.3 Each offer is non-binding. The intermediary is entitled to change the offer at any time.
3.4 Each offer contains a complete and as accurate a description of the products as possible to enable the buyer to make a correct assessment. Images of products are a faithful representation of the product. The intermediary cannot guarantee that the colors shown exactly match the actual colors of the product. When placing an order, the buyer has had the opportunity to assess the product, its image, and its description, taking the above into account.
3.5 All illustrations and descriptions of a product are for informational purposes only and, in the event of inaccuracies and/or deviations, cannot be grounds for compensation or contract termination, unless the deviations from the essential product characteristics are so significant that the product is, in fact, different from the one the buyer intended to order.
3.6 Any offer that the buyer could reasonably expect or should have understood to contain an obvious typographical error or mistake does not have to be honored by the intermediary. The buyer cannot derive any rights from such an error or mistake.
4. Agreement
4.1 Subject to the provisions of Article 4.5, a contract is concluded at the time of acceptance of the offer and placement of the order by the buyer, in compliance with the stipulated conditions.
4.2 The agreement will be concluded in Dutch unless the intermediary offers the terms and conditions and further communication in another language via the website. In the latter case, a contract may also be concluded in a language of the buyer's choice, and the buyer may communicate with the intermediary in that language.
4.3 If the buyer accepts the offer electronically, the intermediary will immediately confirm receipt of the acceptance electronically, thereby concluding the contract. As long as receipt of the acceptance has not been confirmed by the intermediary, the buyer may cancel the contract.
4.4 The intermediary will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure environment. The intermediary will take appropriate security measures if the buyer is able to pay electronically.
4.5 The intermediary may inquire about the buyer's ability to meet their payment obligations, as well as anything else that may be relevant to the responsible conclusion of the contract. If the intermediary has good reason not to conclude the contract, they are entitled to refuse acceptance or the order, or to make its execution subject to special conditions.
4.6 The buyer shall ensure that all information indicated by the intermediary as necessary, or which the buyer should reasonably be expected to understand, is provided to the intermediary in a timely manner. If such information is not provided to the intermediary in a timely manner, the intermediary has the right to suspend performance of the contract and/or to invoice the buyer for the additional costs incurred due to the delay at the intermediary's standard rates.
4.7 The intermediary shall not be liable for damages of any kind resulting from the intermediary's reliance on incorrect and/or incomplete information provided by the buyer, unless the intermediary was aware of such inaccuracy or incompleteness.
5. Price
5.1 The prices quoted in the offer are based on the cost factors applicable at the time of the conclusion of the contract, such as import and export duties, freight and unloading costs, insurance, and any applicable taxes and duties. Any advantageous or disadvantageous differences at the time of arrival, departure, or delivery will be borne by the buyer.
5.2 The quoted prices are subject to printing and typographical errors. No liability is assumed for the consequences of printing and typographical errors. In the event of printing or typographical errors, the intermediary is not obligated to deliver the product at the incorrect price.
5.3 A composite offer does not obligate the intermediary to deliver any part of the goods included in the offer or quotation at a corresponding portion of the stated price.
5.4 Special, additional customs clearance fees and/or import duties are not included in the price and are the responsibility of the customer.
6. Conformity and Warranty
6.1 Subject to the relevant provisions in the General Terms and Conditions, the products conform to the contract, the specifications stated in the offer, reasonable requirements for reliability and/or usability, and the statutory provisions and regulations in force on the date of the contract conclusion.
6.2 The intermediary points out that certain products have a limited minimum shelf life, which is indicated on the product in question. The buyer must take this shelf life into account to ensure the quality and safety of the product in accordance with the supplier's warranty.
6.3 Any defects or incorrectly delivered products must be reported to the intermediary in writing within four (4) weeks of delivery. The products must be returned in their original packaging and in unused condition.
6.4 The intermediary's warranty period corresponds to the manufacturer's warranty period. However, the intermediary is never responsible for the ultimate suitability of the products for an individual application by the buyer, nor for any advice regarding the use or application of the products.
6.5 In the event of a warranty claim, the intermediary will, at its discretion, provide a replacement or repair. In the case of a replacement, the buyer undertakes to return the replaced item to the intermediary.
6.6 The warranty does not apply if:
the buyer has repaired and/or modified the delivered products himself or has them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the instructions of the intermediary and/or the packaging;
the defect is wholly or partly attributable to regulations issued or to be issued by the government regarding the type or quality of the materials used.
Hygiene products cannot be returned and refunded, especially not under the current COVID-19 measures. A list of hygiene items that cannot be returned or refunded (this list is not exhaustive): underwear, bikinis, make-up, hair styling products, beauty products, etc.
7. Delivery and Execution
7.1 The intermediary will process orders for products with the utmost care.
7.2 The place of delivery is the address provided by the buyer to the intermediary when placing the order.
7.3 The intermediary will promptly forward and process accepted orders.
7.4 All delivery times are estimates. Deliveries of products from a country other than the Netherlands may take longer than indicated on the website. This period depends on the supplier's delivery time. The buyer cannot derive any rights from any of the stated timeframes.
7.5 If an order cannot be fulfilled, or can only be partially fulfilled, the buyer will be informed within 30 days of placing the order.
7.6 The intermediary is entitled to deliver the goods in installments, unless this deviates from the agreement or the partial delivery has no independent value. The intermediary is entitled to invoice the goods delivered in this way separately. Exceeding a deadline does not entitle the buyer to compensation.
7.7 The delivery times stated on the website are estimates only.
7.8 If the stated delivery time is exceeded, the buyer has no right to cancel the contract or claim compensation, unless expressly agreed otherwise.
7.9 In the event of cancellation pursuant to the provisions of paragraph 3 of this article, the intermediary will refund the amount paid by the buyer as quickly as possible, but no later than 14 days after cancellation.
7.10 Should delivery of an ordered product prove impossible, the intermediary will make every effort to provide a replacement. A clear and comprehensible notification that a replacement is being delivered will be given no later than upon delivery. In the case of replacement products, the right of withdrawal cannot be excluded. The costs of return shipping are borne by the intermediary.
7.11 The risk of damage to and/or loss of products remains with the intermediary until the time of delivery to the buyer or a representative appointed in advance and notified to the intermediary, unless expressly agreed otherwise. Acceptance of goods without any remarks on the waybill/invoice is considered proof that the packaging was in good condition at the time of delivery.
7.12 Very rarely, customs may open packages and demand additional fees before allowing them into the country. These costs are the customer's sole responsibility and cannot be reimbursed by Xevy.
8. Payment
8.1 Unless otherwise agreed, the amounts owed by the buyer under the agreement must be paid immediately after placing the order.
8.2 The buyer is obligated to immediately notify the intermediary of any inaccuracies in the payment details provided.
8.3 If the buyer fails to meet their payment obligation(s) on time, they will owe statutory interest on the outstanding amount. If the buyer is not a consumer, they will owe statutory commercial interest. The intermediary is entitled to charge the buyer for any extrajudicial collection costs incurred by or on behalf of the intermediary. Collection costs will be calculated in accordance with the law and regulations governing compensation for extrajudicial collection costs.
9. Provisions Regarding the Website and Products
9.1 The intermediary is not responsible for errors and/or irregularities in the functionality of the website. The intermediary is not liable for malfunctions or unavailability of the website for any reason whatsoever.
9.2 The intermediary does not guarantee the correct and complete transmission of the content of emails or other digital communications sent by or on behalf of the intermediary, nor their timely receipt.
9.3 All claims by the buyer based on defects on the part of the intermediary shall lapse if they are not communicated to the intermediary in writing within one (1) year after the buyer became aware, or could reasonably have become aware, of the defects on which the claim is based.
9.4 The intermediary expressly disclaims all liability and claims by buyers and third parties who have suffered (physical) damage due to careless, incorrect, or unnecessary use of the products. The products may only be used in accordance with the instructions for use.
9.5 The intermediary recommends that the buyer always read the operating instructions before use and act accordingly. The products must be stored and used in accordance with the instructions for use.
9.6 All advice regarding the use of products is of a general and non-binding nature. The buyer must assess, independently and at their own risk, whether a product is suitable for them. In case of doubt regarding the use of a product, the supplier or the buyer's (family) doctor should be contacted to obtain an assessment for its use in a specific case.
9.7 Certain products, such as products containing small parts, external care products and electrical appliances, should be kept out of the reach of small children.
9.8 The intermediary advises the buyer to consult an expert before using products, such as cosmetic care products, after reading the instructions for use, especially during pregnancy, breastfeeding, medication use, and in case of hypersensitivity to any of the ingredients.
10. Force Majeure
10.1 The intermediary is not liable to the buyer if obligations under the contract cannot be fulfilled due to force majeure. Force majeure shall in any case include:
force majeure on the part of the supplier;
government actions and restrictions;
power outages;
interruptions of the internet, data network, and telecommunications facilities, e.g., due to cybercrime and hacking;
natural disasters;
war and terrorist attacks;
general transportation problems and restrictions;
supplier or representative strikes; and
other situations beyond the intermediary's control that temporarily or permanently prevent compliance with obligations.
10.2 During the period of force majeure, the obligations under the agreement shall be suspended. If this period lasts longer than two months, either party is entitled to terminate the agreement without any obligation to pay damages to the other party or the intermediary.
10.3 If the contractor has already partially fulfilled its obligations under the contract or is able to fulfill them at the time of the force majeure event, and the fulfilled or to-be-fulfilled part has independent value, the contractor is entitled to invoice the already fulfilled or to-be-fulfilled part separately. The buyer is obligated to pay this invoice as if it were a separate agreement.
11. Data Protection
11.1 The buyer's (personal) data will be entered into a database. This data will primarily be used for the execution of the agreement. Upon request, the intermediary may send the buyer information about its products, such as newsletters and offers. The buyer may object to the use of personal data for direct marketing purposes and/or the (further) receipt of (certain) marketing information at any time by sending an objection to the intermediary.
11.2 The buyer agrees to the use of electronic means of communication. The buyer acknowledges that, despite all reasonable security measures taken by the intermediary, electronic communication is not secure and can be intercepted, manipulated, infected, delayed, or misdirected, including by viruses and spam filters. Likewise, an intermediary cannot guarantee absolute security against unauthorized access.
11.3 The intermediary will take appropriate measures to ensure the confidentiality and secure storage of (personal) data.
11.4 In the course of fulfilling the contract, (personal) data may also be transferred to countries outside the European Union, e.g., to a supplier in China, as otherwise the contract between the buyer and the supplier cannot be executed and the supplier cannot deliver the order to the buyer. However, the intermediary will provide contractual guarantees in this regard.
11.5 The buyer, if a consumer, has the right to request in writing that the contractor grant access to the personal data processed by the contractor and/or (where applicable) correct, supplement, delete, or block it. A request for access and/or correction must be addressed to the management of the intermediary. Upon the buyer's first request, the registered personal data will be made available, corrected, or deleted.
11.6 The personal data of the buyer, if a consumer, will not be disclosed to third parties unless the intermediary is obligated to do so by or due to applicable laws and regulations, or unless it is necessary for the performance of the contract.
12. Consumers
12.1 For consumers, prices are quoted inclusive of VAT, taxes, and shipping costs.
12.2 Before a contract is concluded with a consumer, the text of the terms and conditions (electronically) will be provided to the consumer in such a way that the consumer can easily store it on another durable medium. If this is not reasonably possible, the contract will indicate, before its conclusion, where and how the terms and conditions can be viewed electronically and that the terms and conditions can be sent electronically or otherwise free of charge at the consumer's request.
12.3 For the benefit of the consumer, the intermediary will make the following information available on the website or at least ensure that this information can be stored accessibly on a durable medium:
the conditions under which and how the consumer can submit a complaint;
The conditions under which and how the consumer may exercise their right of withdrawal, or a clear statement that they are excluded from the right of withdrawal;
information on warranty and after-sales service; and
the form.
12.4 For the exercise of all statutory rights that the consumer has against the supplier, the consumer may contact an intermediary, provided this is in accordance with the terms and conditions.
12.5 A warranty provided by the intermediary or supplier, or on their behalf, does not affect the consumer's statutory rights under the contract against the intermediary.
12.6 In the case of the application of Article 7.5, the buyer, if a consumer, has the right to cancel the contract free of charge with regard to products that are not available or not available within a reasonable time.
12.7 The authorized representative may deviate from Article 8.3 regarding the collection costs to be charged to the consumer.
13. Right of Withdrawal
13.1 When purchasing products, the buyer, if a consumer, has the option to cancel the contract without giving reasons within a period of 14 days. This cooling-off period begins on the day after the consumer, or a representative previously designated by the consumer and communicated to the intermediary, receives the product.
13.2 During the cooling-off period, the consumer must handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, the consumer will return the product with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the intermediary's reasonable instructions.
13.3 If the consumer wishes to exercise their right of withdrawal, they must notify the intermediary within 14 days of receiving the product, using the provided form. After notifying the intermediary that they wish to exercise their right of withdrawal, the consumer must return the product to the intermediary or supplier within 14 days. The consumer must provide proof that the delivered products were returned within the specified timeframe.
13.4 If, after the expiry of the periods specified in Articles 13.2 and 13.3, the consumer has not notified the intermediary that he or she wishes to exercise his or her right of withdrawal, or if he or she has not returned the product to the intermediary, the purchase is deemed to have been made.
13.5 The following products are excluded from the right of withdrawal:
a) products that are clearly of a personal nature;
b) products that cannot be returned due to their nature;
c) Products that can spoil or age quickly;
d) Products whose price is subject to fluctuations on the financial market and over which the intermediary has no influence;
e) Audio and video recordings and computer software whose seal has been broken after delivery
; f) Sealed products that
are not suitable for return for reasons of health protection or g) hygiene and whose seal has been broken after delivery; and
h) Products made to the consumer's specifications.
14. Costs of Withdrawal
14.1 If a consumer exercises their right of withdrawal, they shall bear the costs of returning the goods.
14.2 If a consumer has paid an amount, the intermediary shall reimburse the consumer for this amount as soon as possible, but no later than 14 days after receiving the withdrawal notice. Refunds will be made using the same payment method used for the purchase, unless the consumer expressly agrees to a different payment method and the intermediary accepts this method. A refund is only possible if the product has already been received by the intermediary or supplier, or if conclusive proof of its complete return is provided.
14.3 In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any reduction in the product's value.
15. Complaints and Disputes
15.1 If the buyer has a complaint, the buyer must notify the intermediary in writing.
15.2 A complaint does not suspend the obligations of the buyer or the intermediary unless the intermediary states otherwise in writing.
15.3 A complaint regarding the performance of the agreement must be submitted in writing, stating the reasons, within seven (7) days of the buyer discovering the defects.
15.4 A complaint must be answered by an authorized representative within 14 days of its receipt. If a complaint is expected to take longer to process, the complainant will be informed within 14 days and advised of the timeframe within which the complaint will be processed.
15.5 The mediator shall at any time have at least four (4) weeks to resolve a complaint by mutual agreement. After this period, the complaint shall be considered a dispute within the meaning of Article 15.8.
15.6 If the intermediary declares a complaint to be justified, they will, at their discretion, replace or repair the delivered products free of charge. If a complaint cannot be resolved by mutual agreement, the complaint will be considered a dispute within the meaning of Article 15.8.
15.7 If the complainant is a consumer, they may also contact a dispute resolution body via the European ODR platform (https://ec.europa.eu/consumers/odr/).
15.8 All disputes arising out of or in connection with the contract or to which these terms and conditions apply shall be governed exclusively by Dutch law, irrespective of the domicile of the buyer or any third party, and shall be subject to the exclusive jurisdiction of the [Rotterdam] court, unless mandatory provisions of law provide for the jurisdiction of another court.
15.9 The applicability of the Vienna Sales Convention is excluded
.