Inpax General Terms and Conditions

Table of contents:

Article 1 – Definitions

Article 2 – Applicability

Article 3 – The offer

Article 4 – The Agreement

Article 5 – Right of withdrawal

Article 6 – Obligations of the Consumer during the Reflection Period

Article 7 – Exercise of the Right of Withdrawal by the Consumer and Costs thereof

Article 8 – Obligations of Inpax in case of revocation

Article 9 – The price

Article 10 – Fulfilment and additional guarantee

Article 11 – Delivery and execution

Article 12 – Payment

Article 13 – Complaints procedure

Article 14 – Disputes

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Grace period: The period within which the Consumer can make use of his right of withdrawal;
2. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
3. Day: calendar day;
4. Right of withdrawal: the possibility for the Consumer to withdraw from the Agreement within the withdrawal period;
5. Inpax: Inpax B.V., established in 8261 AE Kampen at the IJsselkade 44 (Chamber of Commerce82850895), being the user of the Conditions;
6. Agreement: an agreement that is concluded between Inpax and the Consumer within the framework of an organised system for the distance selling of products and/or services, whereby until the conclusion of the Agreement exclusive or joint use is made of one or more techniques for distance communication;
7. Model withdrawal form:the European model withdrawal form included in Annex I of the Conditions;
8. Terms and Conditions: these general terms and conditions of Inpax.

Article 2 – Applicability

1. The Conditions apply to every offer made by Inpax and to every Agreement concluded between Inpax and Consumer.
2. Before the Agreement is concluded, the text of the Conditions shall be made available to the Consumer. If this is not reasonably possible, Inpax will indicate before the Agreement is concluded in what way the Conditions can be inspected at Inpax and that they will be sent free of charge as soon as possible at the request of the Consumer.
3. If the Agreement is concluded electronically, in deviation from the previous paragraph and before the Agreement is concluded, the text of the Terms and Conditions may be made available to the Consumer electronically in such a way that it can be easily stored by the Consumer on a durable data carrier. If this is not reasonably possible, before the Agreement is concluded, it shall be stated where the Conditions can be viewed 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 the Conditions, the second and third paragraphs shall apply accordingly and the Consumer may always rely on the applicable provision that is most favourable to him in the event of conflicting conditions.
5. In the event of nullity or nullification by the Consumer of one or more provisions of the Conditions, the other provisions of the Conditions will continue to apply to the Agreement undiminished. Inpax and the Consumer will consult to replace a void or annulled provision of the Conditions by a provision that is as close as possible to the purpose and tenor of the void or annulled provision.

Article 3 – The offer

1. If an offer is of limited duration 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 and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. If Inpax uses pictures, they are truthful images of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Inpax.
3. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

Article 4 – The Agreement

1. The Agreement is concluded, subject to the provisions of paragraph 4, at the moment the Consumer accepts the offer and fulfils the conditions set out therein.
2. If the Consumer has accepted the offer electronically, Inpax immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Inpax, the Consumer may dissolve the Agreement.
3. Inpax takes appropriate technical and organisational measures to secure the electronic transmission of data and provides a secure web environment.
4. Inpax may – within legal frameworks – inform itself whether the Consumer can fulfil its payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, Inpax has good reason not to enter into the Agreement, it is entitled to refuse an order or application or to attach special conditions to its execution.

Article 5 – Right of withdrawal

For products:

1. The Consumer can dissolve an Agreement related to the purchase of a product during a reflection period of at least 14 Days without giving reasons. Inpax may ask the Consumer for the reason for the dissolution, but may not oblige the Consumer to state his reason(s).
2. The Grace Period mentioned in paragraph 1 commences on the Day after the Consumer, or a third party designated by the Consumer in advance and who is not the carrier, has received the product, or:

1. If the Consumer has ordered multiple products in one order: the Day on which the Consumer, or a third party designated by him, has received the last product. Inpax may, provided it has clearly informed the Consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time.
2. 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 the last part;

For services:

3. The Consumer can dissolve an Agreement relating to services for at least 14 Days without giving reasons. Inpax may ask the Consumer for the reason for the dissolution, but may not oblige the Consumer to state his reason(s).
4. The cooling-off period referred to in paragraph 3 will commence on the day following the conclusion of the Agreement.

Extended cooling-off period for products and services when not informing about the right of withdrawal:

5. If Inpax has not provided the Consumer with the legally required information on the Right of withdrawal or the Model withdrawal form, the Grace Period will expire twelve months after the end of the original Grace Period established in accordance with the previous paragraphs of this article.
6. If Inpax has provided the Consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original Grace Period, the Grace Period will expire 14 Days after the Day on which the Consumer received such information.

Article 6 – Obligations of the Consumer during the Reflection Period

1. During the Grace 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 determine the nature, characteristics and operation of the product. The starting point here is that the Consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The Consumer shall only be liable for any diminution in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
3. The Consumer shall not be liable for any reduction in value of the product if Inpax has not provided him with all legally required information on the right of withdrawal before or at the time of concluding the Agreement.

Article 7 – Exercise of the right of withdrawal by the Consumer and costs thereof

1. If the Consumer makes use of his Cancellation right, he shall notify Inpax thereof within the Reconsideration Period by means of the Model Cancellation Form or in any other unambiguous manner.
2. As soon as possible, but within 14 Days from the Day following the notification referred to in paragraph 1, the Consumer shall return the product or hand it over to (an authorised representative of) Inpax. This is not necessary if Inpax has offered to collect the product itself. The Consumer has in any case complied with the return period if he returns the product before the expiration of the Withdrawal Period.
3. The Consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Inpax.
4. The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal shall lie with the Consumer.
5. The Consumer bears the direct costs of returning the product. If Inpax has not reported that the Consumer must bear these costs or if Inpax indicates to bear the costs itself, the Consumer does not have to bear the costs of return shipment.
6. If the Consumer makes use of his right of withdrawal, all additional Agreements will be dissolved by operation of law.

Article 8 – Obligations of Inpax in case of revocation

1. If Inpax makes the notification of withdrawal by the Consumer possible electronically, it will send an acknowledgement of receipt without delay after receiving this notification.
2. Inpax shall reimburse all payments made by the Consumer, including any delivery costs charged by Inpax for the returned product, without undue delay but within 14 Days following the Day on which the Consumer notifies Inpax of the withdrawal. Unless Inpax offers to collect the product itself, it may wait with repayment until it has received the product or until the Consumer demonstrates that it has returned the product, whichever comes first.
3. Inpax uses for reimbursement the same means of payment the Consumer used, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer.
4. If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Inpax does not have to refund the additional costs for the more expensive method.

Article 9 – The price

1. During the validity period mentioned 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, Inpax may offer products or services whose prices are subject to fluctuations in the financial market over which Inpax has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
3. Price increases within 3 months after the conclusion of the Agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the Agreement are only allowed if Inpax has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the Consumer has the power 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.

Article 10 – Fulfilment of Agreement and Additional Guarantee

1. Inpax guarantees that the products and/or services comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations existing on the date of the conclusion of the Agreement. If agreed, Inpax also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by Inpax, its supplier, manufacturer or importer never restricts the legal rights and claims that the Consumer can enforce against Inpax on the basis of the Agreement if Inpax has failed to fulfil its part of the Agreement.
3. Additional warranty means any commitment of Inpax, its supplier, importer or producer in which it grants the Consumer certain rights or claims that go beyond what it is legally obligated to do in case it has failed to fulfil its part of the Agreement.

Article 11 – Delivery and execution

1. Inpax will take the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the Consumer has made known to Inpax.
3. Subject to what is stated in the article of3 the Conditions, Inpax will execute accepted orders expeditiously but not later than within 30 Days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 Days after the order was placed. The Consumer in that case has the right to terminate the Agreement without costs and the right to possible damages.
4. After dissolution in accordance with the previous paragraph, Inpax will refund the amount paid by the Consumer without delay.
5. The risk of damage and/or loss of products rests with Inpax until the moment of delivery to the Consumer or a representative designated in advance and made known to Inpax, unless expressly agreed otherwise.

Article 12 – Payment

1. Insofar as not otherwise provided for in the Agreement or supplementary conditions, the amounts owed by the Consumer must be paid within 14 Days after the Prohibition Period starts, or, in the absence of a Prohibition Period, within 14 Days after the Agreement is concluded. In case of an Agreement to provide a service, this period shall start on the Day after the Consumer has received the confirmation of the Agreement.
2. If an advance payment of up to 50% 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 is obliged to report any inaccuracies in payment data provided or stated to Inpax without delay.
4. If the Consumer does not fulfil his payment obligation(s) on time, he shall, after being notified of the late payment by Inpax and after Inpax has granted the Consumer a period of 14 days to fulfil his payment obligations, owe the statutory interest on the amount due and Inpax is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500, =; 10% on the next € 2,500, = and 5% on the next € 5,000, = with a minimum of € 40, =. Inpax may deviate from said amounts and percentages at the expense of the Consumer.

Article 13 – Complaints procedure

1. Inpax has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the Agreement must be submitted to Inpax fully and clearly described within a reasonable time after the Consumer has discovered the defects.
3. Complaints submitted to Inpax will be answered within a period of 14 Days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, Inpax will reply within 14 Days with a notice of receipt and an indication of when the Consumer can expect a more detailed answer.
4. The Consumer must give Inpax at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is open to the dispute settlement procedure.

Article 14 – Disputes

1. Agreements between Inpax and the Consumer to which the Conditions relate are exclusively governed by Dutch law.

Annex I: Model withdrawal form

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

– To: [ name of company].

[ geographic address of operator]

[ fax number of the operator, if available]

[ email address or electronic address of the trader]

– I/We* hereby give notice that I/We* have decided to terminate our agreement on

the sale of the following products: (product designation)*

the supply of the following digital content: (designation of digital content)*

the provision of the following service: (service description)*,

repealed/revoked*

– Ordered on*/received on* (date of order for services or date of receipt for products)

– Name of consumer(s)

– Consumer address(es)

– Signature of consumer(s) (only if this form is notified on paper)

– Date

* Delete or fill in what is not applicable.