General Terms and Conditions ShopXpress,
established in Eemnes at the Chamber of Commerce in Hilversum under no. 51308169.
Article 1. General
1.1 These terms and conditions apply to every offer, quotation and agreement between ShopXpress, hereinafter referred to as ‘ShopXpress’, and the other party to which ShopXpress has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from by the parties in writing.
1.2 In these terms and conditions, ‘the other party’ means every (legal) person who enters into or wishes to enter into an agreement with ShopXpress, or for whom ShopXpress makes an offer or makes a delivery or performance, as well as its legal successors.
1.3 These terms and conditions also apply to agreements with ShopXpress, the execution of which requires the involvement of third parties by ShopXpress.
1.4 These general terms and conditions are also written for the employees of ShopXpress and its management.
1.5 The other party's own terms and conditions shall remain unaffected in so far as they do not conflict with these terms and conditions. In that case, ShopXpress' terms and conditions shall prevail at all times, even if otherwise stipulated.
1.6 If one or more provisions in these general terms and conditions are at any time wholly or partially void or may be annulled, the other provisions of these general terms and conditions will remain fully applicable. ShopXpress and the other party will then consult to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and meaning of the original provisions.
1.7 If any ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation should be made ‘in the spirit’ of these provisions.
1.8 If a situation arises between the parties which is not regulated in these general terms and conditions, this situation must be assessed ‘in the spirit’ of these general terms and conditions.
1.9 If ShopXpress does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that ShopXpress would to any extent lose the right to require strict compliance with the provisions of these terms and conditions in other cases.

1.10: Shopxpress reserves the right to amend or supplement these general terms and conditions in the interim.

Article 2. Offers
2.1 All offers, quotations or quotations made by ShopXpress, in whatever form, are without obligation unless expressly agreed otherwise in writing.
2.2 All images, drawings and data concerning weights, dimensions, colours, etc. are only approximate. Deviations from reality cannot be a reason for compensation and/or dissolution.
2.3 Price lists, brochures, printed matter etc. provided by ShopXpress are subject to indications and do not constitute an offer.
2.4 ShopXpress reserves the right to refuse orders without giving reasons, to require payment in advance or to demand security.

Article 3. Agreement
3.1 Subject to the provisions below, an agreement with ShopXpress is only established after it has accepted or confirmed an order in writing, whereby the date of confirmation is decisive. The order confirmation is deemed to accurately and fully reflect the agreement, unless the other party has immediately protested against it in writing.
3.2 Any subsequent agreements or changes shall only be binding on ShopXpress if it has confirmed them in writing.
3.3 For transactions for which, according to their nature and scope, no offer or order confirmation is sent, the invoice is deemed to reflect the agreement correctly and in full, unless a complaint is lodged within 7 calendar days.
3.4 Every agreement is entered into by ShopXpress under the suspensive condition that the other party - solely at ShopXpress' discretion - appears to be sufficiently creditworthy for the financial performance of the agreement.
3.5 On or after entering into the agreement, ShopXpress is entitled to require security from the other party, before performing (any further), that both payment and other obligations will be met.
3.6 ShopXpress is authorised, if it considers this necessary or desirable for the correct execution of the order given by ShopXpress and after consultation with the other party, to bring in others for the execution of the agreement, the costs of which will be passed on to the other party in accordance with the quotations provided.
3.7 The other party is obliged to provide ShopXpress in good time with all information and documents necessary for the correct execution of the agreement.

Article 4. Prices
4.1 All prices and rates are based on delivery free domicile, warehouse or other storage location, in Euro currency and exclusive of VAT and other government levies as well as exclusive of shipping costs.
4.2 Prices shall be based on the prices, rates, wages, taxes, duties, charges, etc. existing at the time of the offer. In the event of an increase in one or more of the price factors, ShopXpress is entitled to increase the price accordingly, regardless of whether or not the change was foreseeable for ShopXpress at the time the agreement was concluded. Such a price increase does not entitle the other party to dissolve the agreement.

Article 5. Payment
5.1 Unless agreed otherwise in writing, payment must be made by deposit or transfer into the bank or giro account designated by ShopXpress within 14 days of the invoice date.
The value date shown on the bank/giro statements of ShopXpress shall be regarded as the day of payment.
5.2 Unless expressly agreed otherwise in writing, payment will take place without setoff or suspension on any account whatsoever.
5.3 All that the buyer pays will first serve to settle any interest and/or (collection) costs owed and then to settle the oldest outstanding invoices.
5.4 In case the other party:
a. is declared bankrupt, renounces estate, submits a request for suspension of payment, or all or part of its property is seized,
b. dies or is placed under guardianship,
c. fails to comply with any obligation resting on it by virtue of the law or these conditions,
d. fails to pay an invoice amount or part thereof within the term set for it,
e. proceeds to discontinue or transfer its business or an important part thereof, including the contribution of its business to a company to be established or already existing, or proceeds to change the objective of its business
by the mere occurrence of one of the enumerated circumstances, ShopXpress will be entitled either to dissolve the agreement or to claim in its entirety any amount owed by the other party on account of the services provided by ShopXpress‘, immediately and without any warning or notice of default being required, all without prejudice to ShopXpress’ right to compensation for costs, damage and interest.
5.5 If the Buyer fails to pay the amounts due within the agreed period, the Buyer will be in default by operation of law and ShopXpress will be entitled, without prejudice to its other rights, to charge the Buyer, at its discretion, interest on the entire amount due, representing the statutory interest rate applicable at that time, increased by a surcharge of 3% on an annual basis. This interest will be calculated from the due date of the relevant invoice up to and including the day of payment in full. In addition, all extrajudicial and judicial collection costs to be incurred will be borne by the other party. The amount of the extrajudicial collection costs payable to ShopXpress is set at 15% of the principal sum, with a minimum of € 175. A right of retention of the other party or the offset of the other party with counterclaims are excluded, unless the customer's counterclaim is not disputed by ShopXpress or is legally valid.
5.6 If ShopXpress sees fit, ShopXpress may require further security, failing which it may suspend performance of the agreement.

5.7 If the customer chooses to pay on account, invoicing is done via Shopxpress and payment via Billie GmbH(www.billie.io). In this case, Billie's general terms and conditions also apply to the payment to Shopxpress (Terms | Billie x Klarna Services).

5.8The other party agrees that automatic collection will in principle take place at our partner Mollie or Asperion. In exceptional cases, payment may be made by deposit or transfer to the bank or giro account designated by Shopxpress within 14 days of the invoice date. The value date stated on Shopxpress' bank/giro statements shall be regarded as the day of payment.

Article 6. Cancellation
If, after an agreement has been concluded, the other party wishes to cancel it, 10% of the order price (incl. VAT) will be charged as cancellation costs, without prejudice to our right to full damages, including loss of profit, such with a minimum of € 25,-.

disinfection products cannot be cancelled and/or returned

Article 7. Delivery and deadlines
7.1 ShopXpress delivers from warehouse. The shipping costs under € 25,- we charge €7,95 . for orders up to € 75,- only € 5,95 shipping costs are charged. Orders up to € 100,- the costs are € 4,95. Above € 100,- the shipping costs are € 3,95. from € 150,- carriage paid throughout the Netherlands (except Wadden Islands), for Belgium we charge a surcharge of € 10,- EX VAT
7.2 Indication of the delivery time is always approximate, unless expressly agreed otherwise in writing. The stated delivery times are determined on the basis of data and circumstances known to ShopXpress when the agreement was entered into. Stated delivery terms will never be regarded as a deadline. If a change in the data and/or circumstances, regardless of the foreseeability thereof, results in a delay, the delivery date will be postponed accordingly, without prejudice to the provisions below regarding force majeure.
7.3 Exceeding the delivery terms specified by ShopXpress, for whatever reason, shall never entitle the other party to compensation or non-fulfilment of any obligation resting on him under the agreement in question or any related agreement.
7.4 From the moment of conclusion of the purchase agreement, the purchased goods shall be at the other party's risk.
7.5 Unless agreed otherwise, delivery shall be made to the other party's company. Free delivery only takes place for orders above € 100 and if and insofar as this has been agreed by ShopXpress with the other party and is indicated on the invoice or otherwise.
7.6 The time of delivery is the time at which the purchased goods are ready for transport.
7.7 The other party is obliged to check the goods delivered or the packaging immediately on delivery, but in any case within 3 working days, for any shortfalls and/or damage, or to carry out this check after notification from ShopXpress that the goods are at the disposal of the other party.
7.8 Any shortfalls and/or damage to the goods delivered and/or the packaging present on delivery must be noted by the other party on the transport documents, failing which the other party will be deemed to have approved what has been delivered. Claims in this respect shall then no longer be dealt with.
7.9 We shall be entitled to deliver in parts (partial deliveries), which we may invoice separately.
7.10 If the goods have not been taken delivery of by the other party after expiry of the delivery time, they are stored at her disposal, at her expense and risk.

Article 8. Transport
8.1 The risk shall pass to the other party no later than on dispatch of the (partial) delivery.
8.2 The method of transport, dispatch, packaging, etc., if no further instructions have been given by the other party to ShopXpress, shall be determined by ShopXpress in a prudent manner. Unless otherwise agreed, the other party assumes all risk in this, including fault / negligence of the carrier.
8.3 Any specific wishes of the other party regarding the transport / shipment, shall only be carried out if the other party has declared to bear the additional costs thereof.

8.4 If a shipment is returned because the other party has a wrong address, is not present and/or has not collected the package from the parcel shop. The other party shall pay the shipping and return costs and these shall be settled if applicable.

Article 9. Retention of title
9.1 Until payment of all claims to which ShopXpress is or will be entitled against the other party now or in the future, ShopXpress is granted the following protection: ShopXpress retains title to the goods until full payment of the purchase price and of all claims arising from the existing commercial relationship.
9.2 If the other party fails to fulfil or fails to fully fulfil any obligation arising from the legal relationship with ShopXpress, in particular the obligation to pay, ShopXpress is entitled, after notice of default, to take back the goods delivered, in which case the agreement is dissolved without judicial intervention, without prejudice to ShopXpress's right to claim costs of damages and interest.

9.3 Notwithstanding the above, the other party is obliged to take care of the goods delivered with due diligence as long as they have not been paid for in full. The other party is obliged to keep the delivered goods for which ShopXpress retains title separately or to keep them stored in an otherwise individualised way. Furthermore, the buyer is obliged to insure the goods delivered under retention of title and keep them insured against fire, explosion and water damage and against theft and to make the policy of this insurance available for inspection at ShopXpress' request.
9.4 If the (co-)ownership of ShopXpress is destroyed by accession or by confusion of property, it is already now agreed that the (co-)ownership of the customer to the total item passes to ShopXpress as far as its share in the value is concerned (the invoice value). The customer guarantees ShopXpress' (co-)ownership free of charge. The customer is not permitted to pledge the goods delivered before they have been paid for in full or to transfer ownership as security. In the event of attachment by third parties, in particular in the case of pledging and seizures, the other party must inform ShopXpress thereof without delay. The third party must be informed of our retention of title without delay. We must be informed immediately of any relocation of goods subject to our retention of title. If the customer acts contrary to the agreement, we are entitled to recover the goods after notice and the other party is obliged to surrender them. The enforcement of ShopXpress' retention of title, as well as the pledging by ShopXpress of the goods delivered, do not constitute dissolution of the agreement. The other party is obliged to grant ShopXpress access to the premises where the goods are located for the purpose of taking back the goods. The claims of the other party from the resale of ShopXpress' goods not yet paid for by it are transferred to ShopXpress in advance as security. If the goods have been sold by the other party in exchange for other goods, which are not ShopXpress' property, the claim regarding the purchase price shall be deemed to have been assigned up to the amount of the value of the goods delivered by ShopXpress. The other party is authorised to collect the assigned claims for as long as it fulfils its payment obligations towards ShopXpress.

Article 10. Complaints
10.1 The other party is obliged to check the goods immediately after delivery both for damage and for obvious defects. The defects must be communicated to the carrier (e.g. parcel service or forwarder) without delay and noted on the transport documents. In addition, defects and transport damage must be notified ShopXpress in writing by the customer within 7 calendar days of the goods being handed over, specifying precisely the nature and grounds of the complaints. The damaged goods shall remain with the other party until they have been assessed by our expert. Subsequent complaints than those mentioned here will not be accepted by ShopXpress. If ShopXpress finds the complaint well-founded, it is only obliged to still deliver the agreed performance. Only if and in so far as the complaint is found to be well-founded does this suspend the other party's payment obligation until such time as the complaint has been settled.
10.2 Return shipments of goods are in principle excluded and not accepted by ShopXpress, unless the return takes place with its prior consent and with processing costs charged by it. If ShopXpress allows goods to be returned, the customer service of ShopXpress will assign the other party a Return Merchandise Authorisation (RMA) number. The return number (RMA) is valid for a period of 7 calendar days from the date of allocation. Any returns must be sent by registered post in the unopened, original packaging, without defects and free of damage, labels, stickers, etc. The other party shall bear all responsibility regarding the goods being returned. The other party shall therefore keep proof of return. Except in the case of an obvious error by ShopXpress, the costs of return shipment shall be borne by the other party and ShopXpress is entitled to charge a handling fee for the returned goods.

10.3 Goods ordered on the basis of special wishes from the customer are designated as ‘special orders’. On ShopXpress' website, goods are also available which are designated as a “special product”. When a good is a ‘special product’, this is expressly stated on our site. The ‘special products’ and ‘special orders’ cannot be exchanged or credited.
10.4 Minor deviations in quality of the delivered goods, which are technically unavoidable or generally accepted in trade, cannot constitute grounds for complaints or for dissolution of the agreement.
10.5 Complaints about invoices must also be submitted in writing and within a period of 7 calendar days after the invoice date. After expiry of this period, the customer shall be deemed to have approved the invoice.
10.6 If the Other Party wishes to return the goods after an agreement has been concluded, 10% of the order price (incl. VAT) shall be charged as costs, without prejudice to our right to full damages, incl. loss of profit, with a minimum of € 25.

Article 11. Liability
11.1 ShopXpress is never obliged to pay compensation for direct or indirect damage suffered as a result of or arising from defects in the goods or services delivered or to be delivered or delivered, or as a result of the goods and/or services not working, not working on time or not working correctly, except in the case of intent or gross negligence on the part of ShopXpress. Any liability for trading loss, data loss or reduction, and/or consequential loss for whatever reason, including delay in the delivery time of goods and services, is expressly excluded.
11.2 ShopXpress is not liable for damage caused by its employees and/or the third party it has engaged to the other party or third parties, for whatever reason or cause, except in the case of intent or gross negligence attributable to ShopXpress.
11.3 ShopXpress is not liable for damage of whatever nature that has arisen or is caused by incorrect, careless or inexpert use, or by use for other than normal purposes by ShopXpress delivered goods.
11.4 The other party indemnifies ShopXpress and its employees against third-party claims for compensation for material and immaterial damage caused directly or indirectly by (the use of) the goods delivered by ShopXpress, unless the damage is the result of deliberate/grievous fault on the part of personnel of ShopXpress and/or third parties it has engaged.
11.5 ShopXpress's liability under the agreement entered into with the buyer is limited under all circumstances to the invoice amount of the agreement excluding VAT.
11.6 Any claims for apparent defects lapse if the customer does not complain about them within 7 calendar days of taking delivery. Replaced parts remain our property for the duration of our retention of title.
11.7 ShopXpress' liability with regard to advice, instructions and information is excluded, even if they are possibly given within the framework of installation of our goods.

Article 12. Warranty
12.1 Subject to the restrictions set out below, ShopXpress provides a warranty for a period to be agreed with regard to the products it delivers. This guarantee is limited to manufacturing faults that occur and therefore does not include faults that have their cause in parts of the goods delivered that are subject to any form of wear and tear or consumption.
12.2 The warranty relating to the goods delivered by ShopXpress is limited, both in terms of content and duration, to the warranty granted by the manufacturer.
12.3 Warranty provisions only apply in the case of the use of the delivered goods corresponding to their intended use.
12.4 The guarantee also lapses if the other party and/or third parties engaged by it carry out work or make changes to the delivered goods.
12.5 The guarantee also lapses if the delivered goods are used inexpertly by the other party and/or third parties engaged by it.
12.6 If the other party does not fulfil, partially fulfil or does not fulfil in time any obligation arising from the agreement concluded between the parties, ShopXpress is not obliged to provide a guarantee as long as that situation continues.

Article 13. Force majeure
13.1 For this purpose, ‘force majeure’ means: every circumstance independent of the will of the parties or unforeseeable circumstance as a result of which fulfilment of the agreement can no longer reasonably be required by the other party.

13.2 If in ShopXpress' judgement the force majeure will be of a temporary nature, it is entitled to suspend the performance of the agreement for as long as the circumstance causing the force majeure no longer occurs.
13.3 If, in ShopXpress' judgment, the force majeure situation is of a permanent nature, the parties may make arrangements for the dissolution of the agreement and the consequences associated with it.
13.4 ShopXpress is entitled to demand payment for the performance, which was carried out in the execution of the agreement in question, before the force majeure-causing circumstance became apparent.
13.5 The party that believes it is (or will be) in force majeure must immediately notify the other party.

Article 14. Data protection
The other party is hereby informed that ShopXpress will at all times treat the personal data obtained in the context of its business confidentially and at least protect them in accordance with Dutch law.

Article 15. Advertising material
The other party hereby gives his express consent to receive any advertising material from ShopXpress without prior invitation to do so.

Article 16. Applicable law and disputes
16.1 Dutch law applies exclusively to all disputes between the parties and legal relationships arising from them.
16.2 All disputes arising from or relating to the agreement to which these terms and conditions apply or the relevant terms and conditions themselves and their interpretation or implementation will be settled by the competent court in Amsterdam or the competent court in the buyer's place of residence, at ShopXpress's discretion, unless otherwise agreed.