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Terms & Conditions
PXLWNDRS

Terms & Conditions

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Consumer's Obligations during the Cooling-Off Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs
Article 9 - Entrepreneur's Obligations in Case of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Performance and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Distance Contracts: Duration, Termination, and Extension
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions

Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Additional agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession;
Day: calendar day;
Digital content: data that is produced and supplied in digital form;
Continuing performance contract: an agreement that aims at the regular delivery of goods, services, and/or digital content over a certain period;
Durable medium: any tool, including email, that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products, (access to) digital content, and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, where, up to and including the conclusion of the contract, only or partly uses one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be provided if the consumer does not have the right of withdrawal concerning their order.

 

Article 2 - Identity of the Entrepreneur
Company: JAG Sales & Trading
Registered Address:
Geerde 2A
5142 NP
Waalwijk, Netherlands

 

Return Address:
PXLWNDRS Returns
Geerde 2A
5142 NP
Waalwijk, Netherlands
Email Address: hello@pxlwndrs.store
Chamber of Commerce (KVK) Number: 90852001
VAT Identification Number: NL004846723B78

 

Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the 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, the entrepreneur shall, before the distance contract is concluded, indicate how the general terms and conditions can be inspected by the consumer and that they will be sent free of charge at the consumer's request as soon as possible.
3. If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in some other way free of charge at his request before the distance contract is concluded.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

 

Article 4 - The Offer
1. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
2. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

 

Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set for that purpose.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. 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 concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
4. Within the framework of the law, the entrepreneur can inquire within legal limits whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. The entrepreneur shall send the following information 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 medium, at the latest upon delivery of the product, service, or digital content:
a. the terms and 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;
b. information about warranties and existing after-sales service;
c. the price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance agreement;
d. if the consumer has a right of withdrawal, the model withdrawal form as provided in Annex I.

 

Article 6 - Right of Withdrawal
For Products:
1. The consumer has the right to dissolve an agreement concerning the purchase of a product within a cooling-off period of at least 14 days without stating any reasons. The entrepreneur may inquire about the reason for withdrawal, but may not compel the consumer to provide such reasons.
2. The cooling-off period mentioned in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided he has clearly informed the consumer of this before the ordering process.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part.

 

For Digital Downloads:
3. The consumer cannot dissolve an agreement for the supply of digital content that is not delivered on a material carrier. Digital files, downloads, are not returnable or retractable. The non-applicability of the right of withdrawal has been clearly communicated to the consumer before the purchase.

 

Article 7 - Consumer's Obligations During the Cooling-Off Period
1. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.
2. The consumer shall only be liable for any decrease in the value of the product resulting from their handling of the product beyond what is permitted in paragraph 1.
3. The consumer shall not be liable for any decrease in the value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

 

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs
1. If the consumer wishes to exercise their right of withdrawal, they shall notify the entrepreneur of this within the cooling-off period by using the model withdrawal form or by any other unequivocal means.
2. The consumer shall return the product as soon as possible but no later than 14 days after the day following the notification referred to in paragraph 1. The consumer shall have observed the return period in any case if they return the product before the cooling-off period has expired.
3. The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product. If purchased from outside of The Netherlands be aware the cost of shipping can vary according to your location. Products being applied Right of Withdrawal need to be distributed back to The Netherlands.
6. If the consumer exercises their right of withdrawal, all supplementary agreements shall be dissolved automatically.

 

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
1. If the entrepreneur makes it possible for the consumer to give notice of withdrawal electronically, the entrepreneur shall send a confirmation of receipt without delay upon receiving such notice.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 14 days following the day on which the consumer notifies him of the withdrawal. The entrepreneur may withhold the reimbursement until he has received the product or until the consumer has demonstrated that he has returned the product, whichever occurs earlier.
3. The entrepreneur shall use the same means of payment that the consumer used for the original transaction unless the consumer has expressly agreed to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer chose a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs of the more expensive method.

 

Article 10 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement:
1. Products that are manufactured according to the consumer's specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or that are clearly intended for a specific person.
2. The delivery of digital content that is not supplied on a tangible medium, but only if:
   a. the performance has begun with the explicit prior consent of the consumer; and
   b. the consumer has acknowledged that he thereby loses his right of withdrawal.

 

Article 11 - 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. Contrary to the previous paragraph, the entrepreneur can offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. These price fluctuations and the fact that any prices mentioned may be indicative will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
   - they are the result of legal regulations or provisions; or
   - the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 12 - Performance of the Agreement and Additional Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement, in case the entrepreneur fails to fulfill its part of the agreement.
3. An additional warranty is understood to mean any commitment by the entrepreneur, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obligated to do in case of failure to fulfill its part of the agreement.

 

Article 13 - Delivery and Execution
1. The entrepreneur will observe the greatest possible care when receiving orders for products and when assessing requests for the provision of services and when executing orders for products.
2. The place of delivery is the address that the consumer has made known to the company.
3. The company will execute accepted orders with due speed 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 executed or can only be executed partially, the consumer will be informed of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any specified deadlines. Exceeding a deadline does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly communicated upon delivery that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a designated and notified representative of the entrepreneur, unless expressly agreed otherwise.

 

Article 14 - Distance Contracts: Duration, Termination, and Extension
Not applicable

 

Article 15 - Payment
1. The full purchase price is always paid immediately in the webshop. In some cases, a deposit may be required for reservations. In that case, the buyer will receive proof of the reservation and the advance payment.
2. The consumer has an obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In case of consumer default, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.

 

Article 16 - Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described, including visual material.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must give the entrepreneur at least 12 days to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute settlement process.

 

Article 17 - Disputes
1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

 

Article 18 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and 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.

 

Annex I: Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
To:
PXLWNDRS Withdrawal
Geerde 2A
5142 NP Waalwijk
hello@pxlwndrs.store

 

I/We* hereby give notice that I/we* withdraw from my/our* contract for the sale of the following products: [product description]*
Ordered on*/received on* [date of order for services or receipt for products]
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is submitted on paper)
* Delete as appropriate.

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