Terms and Conditions
Article 1 - Definitions
- Nxlimit (Part of ONVO Goods): ONVO GOODS, located in Uden, Chamber of Commerce number 83813144.
- Customer: the person with whom Nxlimit (Part of ONVO Goods) has entered into an agreement.
- Parties: Nxlimit (Part of ONVO Goods) and Customer together.
- Consumer: a Customer who is also an individual and who acts as a private person.
ARTICLE 2 - Identity of the Entrepreneur.
ONVO Goods VOF, trading under the name www.nxlimitofficial.com
Saxofoonstraat 19, 5402CD in Uden.
Email address: info@nxlimitofficial.com
Chamber of Commerce number: 83813144
VAT identification number: NL862997720B01
Article 3 - Applicability
- These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Nxlimit (Part of ONVO Goods).
- Nxlimit (Part of ONVO Goods) and the Customer can only deviate from these conditions if this has been agreed in writing. 3. Nxlimit (Part of ONVO Goods) and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.
Article 4 - Prices
- Nxlimit (Part of ONVO Goods) uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
- Nxlimit (Part of ONVO Goods) may always change the prices of its services and products on its website and in other communications.
- Increases in the cost prices of products or parts thereof, which Nxlimit (Part of ONVO Goods) could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
- The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.
Article 5 - Samples and models
- If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.
Article 6 - Payments and payment term
- Nxlimit (Part of ONVO Goods) may require a down payment of up to 50% of the agreed amount when entering into the agreement.
- The Customer must make a subsequent payment within 14 days after delivery.
- The payment terms used by Nxlimit (Part of ONVO Goods) are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without Nxlimit (Part of ONVO Goods) having to send a reminder to the Customer or be in default. need to establish.
- Nxlimit (Part of ONVO Goods) may make delivery dependent on immediate payment or require security for the total amount of the services or products.
Article 7 - Consequences of late payment
- If the Customer does not pay within the agreed period, Nxlimit (Part of ONVO Goods) may charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the Customer is in default, whereby part of a month is counted as a whole month.
- If the customer is in default, he must also pay extrajudicial collection costs and any damages to Nxlimit (Part of ONVO Goods).
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, Nxlimit (Part of ONVO Goods) may suspend its obligations until the Customer has paid.
- In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the Customer, the claims of Nxlimit (Part of ONVO Goods) on the Customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by Nxlimit (Part of ONVO Goods), he must still pay the agreed price.
Article 8 - Right of complaint
- If the customer is in default, Nxlimit (Part of ONVO Goods) may invoke the right of recovery with regard to the unpaid products delivered to the Customer.
- Nxlimit (Part of ONVO Goods) uses its right of recovery by sending a written or electronic message to the Customer.
- As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the products in question to Nxlimit (Part of ONVO Goods), unless otherwise agreed in writing.
- The customer pays the costs for retrieving or returning the products in paragraph 3.
Article 9 - Right of withdrawal
- A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:
- the product has been used
- it is a product that can spoil quickly, such as food or flowers
- it is a product that has been tailor-made or adapted especially for the consumer
- it is a product that cannot be returned for hygienic reasons, such as underwear or swimwear
- the seal is not intact when it concerns data carriers with digital content, such as DVDs or CDs
- the product or service concerns accommodation, a trip, a restaurant business, transport, a catering assignment or a form of leisure activity
- the product is a separate magazine or newspaper
- the consumer has waived his right of withdrawal
- The reflection period of 14 days in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has confirmed that he will purchase digital content via the internet
- The consumer can use his cooling-off period by sending an email with that subject to info@nxlimitofficial.com, possibly
using the withdrawal form available on the Nxlimit website (Part of ONVO Goods), https://www.nxlimitofficial.com
- The consumer must return the product within 14 days after expressing his right of withdrawal to
Nxlimit (Part of ONVO Goods), failing which his right of withdrawal will lapse.
Article 10 - Reimbursement of delivery costs
- If the consumer has revoked his purchase on time and has returned the entire order on time
has returned Nxlimit (Part of ONVO Goods), Nxlimit (Part of ONVO Goods) will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the order that has been returned in full on time.
- The costs for delivery will only be borne by Nxlimit (Part of ONVO Goods) if the entire order is returned.
Article 11 - Reimbursement of return costs
- If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs.
Article 12 - Right of suspension
- Unless the customer is a consumer, he hereby waives the right to suspend the fulfillment of any obligation arising from this agreement.
Article 13 - Right of retention
- Nxlimit (Part of ONVO Goods) can exercise its right of retention and in that case keep the Customer's products with it until the customer has paid all outstanding invoices of Nxlimit (Part of ONVO Goods), unless the Customer has sufficient security for those costs. has stated.
- The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to
Nxlimit (Part of ONVO Goods).
- Nxlimit (Part of ONVO Goods) is not liable for any damage the Customer suffers due to the use of his right of retention.
Article 14 - Settlement
- Unless the customer is a consumer, he waives his right to offset a debt to Nxlimit (Part of ONVO Goods) against a claim against Nxlimit (Part of ONVO Goods).
Article 15 - Retention of title
- Nxlimit (Part of ONVO Goods) remains the owner of all delivered products until the Customer has paid all outstanding invoices from Nxlimit (Part of ONVO Goods) relating to an underlying agreement, including claims due to failure to comply.
- Until that time in paragraph 1, Nxlimit (Part of ONVO Goods) can exercise its retention of title and take back the goods.
- Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Nxlimit (Part of ONVO Goods) makes use of its retention of title, the agreement will be canceled and Nxlimit (Part of ONVO Goods) may demand damages, lost profits and interest from the Customer.
Article 16 - Delivery
- Delivery takes place while stocks last.
- Delivery takes place at Nxlimit (Part of ONVO Goods), unless otherwise agreed.
- Delivery of products ordered online takes place at the address specified by the Customer.
- If the customer does not pay the agreed amounts or does not pay on time, Nxlimit (Part of ONVO Goods) may suspend its obligations until the customer pays.
- In the event of late payment, there is a creditor's default, as a result of which the Customer cannot accept a late delivery
Nxlimit (Part of ONVO Goods) can object.
Article 17 - Delivery time
- The delivery times of Nxlimit (Part of ONVO Goods) are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
- The delivery time starts when the Customer has fully completed the ordering process and has received confirmation from Nxlimit (Part of ONVO Goods).
- The Customer will not receive any compensation and may not cancel the agreement if Nxlimit (Part of ONVO Goods) delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Nxlimit (Part of ONVO Goods) cannot deliver within 14 days, after having been notified in writing or the customer and Nxlimit (Part of ONVO Goods) have agreed otherwise. .
Article 18 - Actual delivery
- The Customer must ensure that the actual delivery of his ordered products can take place on time.
Article 19 - Transport costs
- The Customer pays the costs for transport, unless the Customer and Nxlimit (Part of ONVO Goods) have agreed otherwise in writing.
Article 20 - Packaging and shipping
- If the packaging of a delivered product is opened or damaged, the Customer must be notified by the carrier
have a note made before receiving the product. If the Customer does not do this, he can
Nxlimit (Part of ONVO Goods) cannot be held liable for any damage.
- If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Nxlimit (part of ONVO Goods) prior to transport. If the Customer does not do this, he can
Nxlimit (Part of ONVO Goods) cannot be held liable for any damage.
Article 21 - Custody
- If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
- Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.
Article 22 - Warranty
- The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials.
- The warranty does not apply:
- in case of normal wear and tear
- for damage caused by accidents
- for damage caused by changes made to the product
- for damage due to negligence or improper use by the Customer
- when the cause of the defect cannot be clearly determined
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to
the Customer at the time at which they are legally and/or actually delivered, or at least come under the control of the Customer or of a third party who receives the product on behalf of the Customer.
Article 23 - Indemnity
- The Customer indemnifies Nxlimit (Part of ONVO Goods) against all claims from others related to the products and/or services supplied by Nxlimit (Part of ONVO Goods).
Article 24 - Complaints
- The customer must examine a product or service provided by Nxlimit (Part of ONVO Goods) as quickly as possible for any shortcomings.
- If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Nxlimit (Part of ONVO Goods) within 1 month after determining the shortcoming.
- A consumer must inform Nxlimit (Part of ONVO Goods) within 2 months of discovering the shortcoming.
- The Customer provides as detailed a description as possible of the shortcoming, so that Nxlimit (Part of ONVO Goods) can respond appropriately.
- The Customer must demonstrate that the complaint relates to an agreement between the Customer and Nxlimit (Part of ONVO Goods). 6. If a complaint concerns ongoing work, the Customer cannot demand that Nxlimit (Part of ONVO Goods) perform other work than agreed.
Article 25 - Notice of default
- The customer must notify Nxlimit (Part of ONVO Goods) in writing of any notice of default.
- The customer is responsible for ensuring that his notice of default actually reaches Nxlimit (Part of ONVO Goods) on time. Article 26 - Customer Liability
- When Nxlimit (Part of ONVO Goods) enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.
Article 27 - Liability Nxlimit (Part of ONVO Goods)
- Nxlimit (Part of ONVO Goods) is only liable for damage suffered by the Customer when that damage is caused by intent or deliberate recklessness.
- If Nxlimit (Part of ONVO Goods) is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
- Nxlimit (Part of ONVO Goods) is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.
- If Nxlimit (Part of ONVO Goods) is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.
Article 28 - Expiry period
- Any right of the Customer to compensation from Nxlimit (Part of ONVO Goods) expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Article 29 - Dissolution
- The customer may cancel the agreement if Nxlimit (Part of ONVO Goods) attributably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.
- If fulfillment of the obligations by Nxlimit (Part of ONVO Goods) is still possible, dissolution can only take place after Nxlimit (Part of ONVO Goods) is in default.
- Nxlimit (Part of ONVO Goods) may cancel the agreement with the Customer if the Customer does not fully or timely fulfill his obligations under the agreement, or when Nxlimit (Part of ONVO Goods) has become aware of circumstances that give him good reason to do so. to assume that the Customer will not fulfill his obligations.
Article 30 - Force majeure
- In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Nxlimit (Part of ONVO Goods) cannot be attributed by the customer to Nxlimit (Part of ONVO Goods) when there is force majeure.
- The force majeure situation in paragraph 1 also includes:
- a state of emergency such as a civil war or natural disaster
- breach of contract or force majeure of suppliers, deliverers or others
- power, electricity, internet, computer or telecom disruptions
- computer viruses
- strikes
- government measures
- transport problems
- bad weather conditions
- work stoppages
- When a force majeure situation occurs as a result of which Nxlimit (Part of ONVO Goods) has 1 or more obligations to the Customer
cannot comply, those obligations will be suspended until Nxlimit (Part of ONVO Goods) can comply.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and
Nxlimit (Part of ONVO Goods) can cancel the agreement in whole or in part in writing.
- Nxlimit (Part of ONVO Goods) does not have to pay compensation to the Customer in a force majeure situation, even if Nxlimit (Part of ONVO Goods) benefits from this.
Article 31 - Changes to agreement
- If it is necessary to change a concluded agreement for its implementation, the Customer and
Nxlimit (Part of ONVO Goods) adjust the agreement.
Article 32 - Changes to general terms and conditions
- Nxlimit (Part of ONVO Goods) may change these general terms and conditions.
- Nxlimit (Part of ONVO Goods) may always make changes of minor importance.
- Nxlimit (Part of ONVO Goods) will discuss major changes with the Customer in advance as much as possible.
- A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.
Article 33 - Transfer of rights
- The customer cannot transfer any rights under an agreement with Nxlimit (Part of ONVO Goods) to others without written permission from Nxlimit (Part of ONVO Goods).
- This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.
Article 34 - Consequences of nullity or voidability
- If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Nxlimit (Part of ONVO Goods) had in mind when drawing up the conditions on that point.
Article 35 - Applicable law and competent court
- Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and Nxlimit (Part of ONVO Goods).
- The court in the district of the place of business of Nxlimit (Part of ONVO Goods) has exclusive jurisdiction to hear any disputes between the Customer and Nxlimit (Part of ONVO Goods), unless the law provides otherwise.
Prepared on September 20, 2023