Terms & Conditions

1 - Definitions

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

Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance Contract: An agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used.
Technology for Distance Communication: Means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same place at the same time.
Reflection Period: The period within which the consumer can make use of their right of withdrawal.
Right of Withdrawal: The possibility for the consumer to cancel the distance contract within the reflection period.
Day: Calendar day.
Extended Duration Transaction: A distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable Data Carrier: Any means that enable the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

2 - Identity of the Entrepreneur

Nxop567

Email address: [email protected]

3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, notwithstanding 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 viewed electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer’s request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

4 - The Offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products 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 and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
the possible costs of delivery;
the manner in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery or performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer can check and, if desired, correct the information provided by them in the context of the agreement before concluding the agreement;
any other languages in which, in addition to English, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a long-term transaction.

5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
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.
The entrepreneur can, within legal frameworks, investigate 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 contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur's business location where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales service;
the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of an extended duration transaction, the provision in the previous paragraph applies only to the first delivery.

6 - Right of Withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a pre-designated representative made known to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or in another unequivocal manner. After the consumer has made known that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example through proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not made known that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact. Upon delivery of services:
When services are supplied, the consumer has the option to dissolve the agreement without giving reasons within at least 14 days, starting on the day of entering into the agreement.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

7 - Costs in Case of Withdrawal

If the consumer makes use of their right of withdrawal, the costs of return shipment are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted.

8 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for single newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a certain date or during a certain period;
of which the delivery has begun with the express consent of the consumer before the reflection period has expired;
concerning betting and lotteries.

9 - The Price

During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in GST/HST rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependency on fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
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 statutory 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.
The prices mentioned in the offer of products or services include GST/HST.

10 - Compliance and Warranty

The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

11 - Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

12 - Extended Duration Transactions: Duration, Termination, and Renewal

Termination:

The consumer can terminate an agreement entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period not exceeding one month.
The consumer can terminate an agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of the agreed termination rules and a notice period not exceeding one month.
The consumer can conclude the agreements mentioned in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;
at least in the same way as they have entered into them;
always terminate with the same notice period as the entrepreneur has stipulated for themselves. Renewal:

An agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed period.
Contrary to the previous paragraph, an agreement entered into for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines, may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period not exceeding one month.
An agreement entered into for a definite period, which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period not exceeding one month and a notice period not exceeding three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of trial products, daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period. Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If an advance payment is stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not fulfill their payment obligation(s) on time, they are, after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill their payment obligations, after the failure to pay within this 14-day period, owe the statutory interest on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to USD 2,500; 10% on the following USD 2,500; and 5% on the next USD 5,000 with a minimum of USD 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
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 period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint has been submitted, a dispute arises that is subject to the dispute resolution procedure.

15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by US law.
In the event of disputes, the consumer can contact the Consumer Protection Office of their province or territory for assistance and potential resolution through mediation or arbitration.

16 - Additional or Different Provisions

Additional provisions or provisions deviating 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 the consumer can store them in an accessible manner on a durable data carrier.

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