Terms & Conditions

Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
  • Consumer: the natural person acting outside the scope of any trade, business, craft or profession who enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Ongoing transaction: a distance contract for a series of products and/or services, to be supplied and/or taken over time;
  • Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
  • Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who, in the course of their business, offers products and/or services to consumers at a distance;
  • Distance contract: a contract concluded under a system organized by the entrepreneur for the remote sale of products and/or services, in which, up to and including the time the contract is concluded, only one or more techniques for remote communication are used;
  • Technique for remote communication: any means that can be used for concluding a contract without the consumer and the entrepreneur being simultaneously present in the same place;
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Company name: Vex Pads
  • Chamber of Commerce number: 97429767
  • VAT number: NL005269515B66
  • Customer service email: info@vexpads.com

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the contract is concluded that the terms and conditions may be inspected at the entrepreneur’s premises and will be sent free of charge on request.
  3. If the distance contract is concluded electronically, deviating from the previous paragraph, the text will be made available electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the general terms and conditions can be accessed electronically and that they will be sent free of charge on request.
  4. If, in addition to these general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 apply mutatis mutandis, and in the event of conflicting provisions, the consumer may always invoke the provision most favorable to them.
  5. If any provision of these general terms and conditions is void or annulled, the remainder remains in force. The parties will replace the void or annulled provision with one that approximates its purport as closely as possible.
  6. Situations not regulated by these general terms and conditions shall be assessed “in the spirit” of these terms.
  7. Uncertainties regarding the interpretation of one or more provisions shall likewise be interpreted “in the spirit” of these terms.

Article 4 – The Offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated.
  2. The offer is without obligation. The entrepreneur reserves the right to change or withdraw the offer.
  3. The offer contains a complete and accurate description of the products and/or services. The description is detailed enough to allow proper assessment by the consumer. Images are a faithful representation. Obvious errors do not bind the entrepreneur.
  4. All images and specifications are indicative and cannot give rise to compensation or contract termination. The entrepreneur cannot guarantee that displayed colors match actual product colors exactly.
  5. Each offer contains such information that the consumer knows what rights and obligations are connected with acceptance of the offer, in particular:
    • the price, excluding clearance and import VAT (these additional costs are borne by the customer);
    • any delivery costs;
    • how the contract is concluded and what actions are required;
    • whether the right of withdrawal applies;
    • payment, delivery and execution methods;
    • acceptance period for the offer or price guarantee period;
    • the remote communication cost if it differs from the standard rate;
    • whether and how the contract will be archived and how to access it;
    • how the consumer can check and correct their data before concluding the contract;
    • other available contract languages besides Dutch;
    • the codes of conduct the entrepreneur adheres to and where they can be consulted electronically;
    • the minimum duration for ongoing transactions.
    • Optionally: available sizes, colors, materials.

Article 5 – The Contract

  1. The contract is formed when the consumer accepts the offer and meets the stated conditions.
  2. If the consumer accepts electronically, the entrepreneur confirms receipt without delay. Until confirmation, the consumer may rescind.
  3. For electronic contracts, the entrepreneur takes appropriate technical and organizational measures to secure data transfers and payment.
  4. The entrepreneur may – within legal limits – verify the consumer’s ability to pay. If there are valid grounds to refuse, the entrepreneur may decline or attach special conditions.
  5. With the product or service, the entrepreneur provides the consumer (in writing or on a durable data carrier):
    1. the entrepreneur’s address for complaints;
    2. the conditions and procedure for exercising the right of withdrawal;
    3. warranty and after-sales service information;
    4. the data from Article 4(3), unless already provided;
    5. termination requirements for contracts longer than one year or indefinite.
  6. In the case of ongoing transactions, the previous paragraph applies only to the first delivery.
  7. Every contract is conditional on sufficient availability of the products.

Article 6 – Right of Withdrawal

  1. The consumer may dissolve the contract without reason within 14 days, starting the day after receipt by the consumer or their appointed representative.
  2. During this period, the consumer handles the product and packaging with care and only uses it as necessary to assess retention.
  3. To exercise withdrawal, the consumer must notify the entrepreneur within 14 days by written notice or email, and then return the product within 14 days in original condition with all accessories, following the entrepreneur’s instructions.
  4. If the consumer does not notify or return in time, the purchase is final.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises withdrawal, return costs are borne by the consumer. Returns are processed via our international warehouse.
  2. The entrepreneur refunds any paid amount as soon as possible, but no later than 14 days after withdrawal, provided the product is returned or proof of return is provided.

Article 8 – Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for products and services as listed in the law, provided the exclusion was clearly stated in the offer. Examples include:

  • Products made to consumer specifications or clearly personal in nature;
  • Products that cannot be returned for hygiene reasons if unsealed;
  • Audio/video recordings or software if unsealed;
  • Services for accommodation, transport, catering or leisure on a specific date;
  • Services fully performed with consumer’s consent before the cooling-off period ends;
  • Lotteries and betting.

Article 9 – Price

  1. Prices remain unchanged during the validity period of the offer, except for VAT changes.
  2. Products with prices linked to financial markets may be offered at variable prices, with this indicated in the offer.
  3. Price increases within three months of contract formation are only allowed if required by law; after three months only if agreed and the consumer can terminate.
  4. Delivery is from outside the EU; import VAT and clearance fees are charged by the carrier to the recipient.
  5. All prices are subject to typographical errors; the entrepreneur is not liable for these.

Article 10 – Conformity and Guarantee

  1. The entrepreneur guarantees products/services comply with the agreement, offer specifications, reasonable usability requirements and applicable laws and regulations as of contract date.
  2. Any extra guarantee from the entrepreneur, manufacturer or importer does not affect the consumer’s statutory rights.
  3. Defects or incorrect deliveries must be reported in writing within 14 days of delivery, with return in original packaging and as new.
  4. The guarantee period equals the factory warranty.
  5. The guarantee does not cover damage from improper use, unauthorized repairs or treatments, or government requirements regarding materials.

Article 11 – Delivery and Execution

  1. The entrepreneur exercises the greatest care in processing and executing orders.
  2. Delivery takes place to the address provided by the consumer.
  3. Accepted orders are executed promptly, and no later than 30 days, unless a longer term is agreed. If delayed, the consumer is informed within 30 days and may cancel free of charge with possible compensation.
  4. On cancellation, the entrepreneur refunds the consumer within 14 days.
  5. If delivery is impossible, the entrepreneur will offer a replacement; the consumer will be informed at delivery. Returns of replacements are free.
  6. Risk of damage or loss remains with the entrepreneur until delivery to the consumer or their designated representative, unless agreed otherwise.

Article 12 – Ongoing Transactions: Duration, Termination and Renewal

  • Termination by Consumer:
    • Indefinite contracts for periodic delivery of products or services may be terminated at any time with a notice period of at most one month.
    • Fixed-term contracts for periodic delivery may be terminated at the end of the term with the same maximum notice.
    • Termination may occur at any time, not restricted to specific dates, and with the same notice period as applied by the entrepreneur.
  • Renewal:
    • Fixed-term contracts for periodic products or services may not be automatically renewed.
    • Exception: newspaper or magazine subscriptions may be automatically renewed for a maximum of three months if the consumer can terminate with at most one month’s notice.
    • Trial subscriptions end automatically after the trial period.
    • Contracts longer than one year may be terminated after one year with one month’s notice, unless unreasonable under fairness and reasonableness.

Article 13 – Payment
Unless otherwise agreed, amounts due by the consumer are payable within seven days after the cooling-off period begins. For services, this period starts on receipt of confirmation.
The consumer must immediately report any errors in payment details.
In case of default, the entrepreneur may charge reasonable costs.

Article 14 – Complaints Procedure
Complaints about performance must be submitted in full and clearly described within seven days of discovering the defect. Complaints are answered within 14 days; if more time is needed, an acknowledgment with an indication of when a full answer can be expected is sent. If unresolved, the dispute may be submitted to a dispute resolution body. A complaint does not suspend the entrepreneur’s obligations unless agreed otherwise. If justified, the entrepreneur will replace or repair at no cost.

Article 15 – Disputes
Dutch law exclusively applies to all contracts between entrepreneur and consumer under these terms and conditions, even if the consumer lives abroad.

Article 16 – CESOP
Due to the 2024 amendments to the Dutch VAT Act implementing the EU’s Central Electronic System of Payment Information (CESOP), payment service providers may register certain transactions in the European CESOP system.