General Terms and Conditions
NexWave Games General Terms and 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 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Intellectual Property
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Additional or deviating provisions
Section 18 - Feedback and Submissions
Article 19 - Website use, scraping and reuse
Article 1 – Definitions
In these conditions the following definitions apply:
1. Additional agreement: an agreement whereby the consumer obtains products, digital content and/or services in connection with a distance contract, and whereby these goods, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement with the entrepreneur.
2. Reflection period: the period within which the consumer can exercise his right of withdrawal.
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession.
4. Day: a calendar day.
5. Digital content: data produced and delivered in digital form.
6. Duration agreement: an agreement that provides for the regular delivery of goods, services and/or digital content during a certain period.
7. Durable data carrier: any tool (including e-mail) that enables the consumer or entrepreneur to store information that is personally addressed to him in a manner that allows subsequent consultation or use for an appropriate period of time, and that allows unchanged display of the stored information.
8. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period.
9. Entrepreneur: the natural or legal person who offers products, digital content and/or services remotely to consumers.
10. Distance agreement: an agreement concluded between the entrepreneur and the consumer in the context of a system organized by the entrepreneur for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
Article 2 – Identity of the Entrepreneur
The name of the entrepreneur is NexWave Games.
Email address: service@nexwavegames.nl
Address: Havikhoek 20, 3201SH, Spijkenisse.
Phone: +31623563442
Opening hours: Mon to Fri 09:00 - 16:00
Chamber of Commerce Number: 80438636
VAT identification number: NL003440032B51
Article 3 – Applicability of General Terms and Conditions
1. These general terms and conditions apply to every offer from the entrepreneur, as well as to every distance contract concluded and every order between the entrepreneur and the consumer.
2. The text of these general terms and conditions will be provided to the consumer prior to concluding a distance contract. If it is not reasonably possible to make these available in advance, it will be indicated before concluding the agreement where the conditions can be viewed at the entrepreneur and that they will be sent free of charge at the consumer's request.
3. If the agreement is concluded electronically, - notwithstanding the previous paragraph - the text of these conditions can be provided electronically to the consumer in such a way that it can easily be stored on a durable data carrier. If this is not possible, before concluding the agreement it will be indicated where the conditions can be consulted electronically and that they will be sent free of charge by e-mail or in another suitable manner upon request.
4. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the provisions of the previous paragraphs apply accordingly. In the event of a conflict between provisions, the consumer can always rely on the provision that is most favorable to him.
5. If a provision of these general terms and conditions proves to be wholly or partially null and void or is annulled at any time, the other provisions will remain in full force. In that case, the parties will enter into consultation to agree on a new provision that is as close as possible to the scope of the original provision.
6. Situations that are not expressly regulated in these general terms and conditions must be assessed according to the intention and reasonable scope of these terms and conditions.
7. Uncertainties about the content or interpretation of one or more provisions will always have to be interpreted in line with the spirit and purpose of these general terms and conditions.
8. By agreeing to these Terms and Conditions, you represent that you have reached the age of majority under the laws of your state or province of residence and you have given us your consent to allow any minor persons under your responsibility to use the Services on devices you own, control or purchase.
9. To use the Services, including visiting or shopping our online stores and purchasing products or services, you may be asked to provide certain information such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is accurate, current and complete, and that you have the necessary rights to provide such information.
10. You are solely responsible for maintaining the security of your account information and for all activities that occur under your account. You may not transfer, sell, use or license your account to third parties.
Article 4 – The offer
1. If an offer is only valid for a limited period or only under certain conditions, this will be clearly and unambiguously stated in the offer.
2. Every offer from the entrepreneur is without obligation. The entrepreneur reserves the right to adjust, change or withdraw an offer.
3. The description of the products and/or services offered is presented as completely and accurately as possible, so that the consumer can form a good and correct picture. If images are used, they are intended to provide as faithful a representation of the products and/or services as possible. However, obvious mistakes or obvious errors in the offer cannot bind the entrepreneur.
4. Images, specifications and other information in the offer are indicative and cannot constitute grounds for compensation or termination of the agreement. Deviations in color reproduction or detail are possible; the entrepreneur cannot guarantee that the colors shown in all cases correspond exactly to the actual colors of the products.
5. Every offer is provided with sufficient information so that the consumer knows exactly what rights and obligations arise from its acceptance. In any case, this includes:
- the price of the product or service, including taxes;
- any shipping or additional costs;
- the manner in which the agreement is concluded and what steps are required for this;
- information about whether or not the right of withdrawal applies;
- the chosen payment methods, delivery options and method of execution of the agreement;
- the period within which the offer can be accepted and/or the period during which the price remains unchanged;
- if applicable: the costs for the use of communication techniques if these deviate from the regular basic rate;
- whether the agreement is archived after conclusion and how the consumer can take note of this;
- the possibility for the consumer to check and, if necessary, correct entered data before concluding the agreement;
- the possible languages in which the agreement can be concluded in addition to Dutch;
- relevant codes of conduct to which the entrepreneur has committed himself and how the consumer can consult these electronically.
Article 5 – The Agreement
1. Without prejudice to the provisions of paragraph 4, an agreement is concluded as soon as the consumer accepts the entrepreneur's offer and complies with the conditions set.
2. When the consumer accepts an offer electronically, the entrepreneur will confirm that acceptance electronically as soon as possible. As long as this confirmation is not received, the consumer retains the right to terminate the agreement free of charge.
3. If the agreement is concluded digitally, the entrepreneur will ensure appropriate organizational and technical measures that guarantee the security of data transfer and offer the consumer a safe online environment. For electronic payments, the entrepreneur will also ensure adequate security measures.
4. The entrepreneur has the right - within the limits of the law - to investigate whether the consumer is able to fulfill his payment obligations and whether there are other circumstances that influence the responsible conclusion of the agreement. If this investigation shows that there are valid reasons not to conclude the agreement, the entrepreneur may refuse an order or request with reasons or attach special conditions to the execution.
5. No later than upon delivery of the product, service or digital content, the entrepreneur will provide the consumer with the following information, in writing or in a manner that can be stored permanently and easily for the consumer:
- the visiting address of the company where complaints can be submitted;
- clear information about the right of withdrawal or, if excluded, the circumstances under which this does not apply;
- information regarding warranty and any after-sales service;
- the conditions for termination if the agreement lasts longer than one year or is of indefinite duration;
- the total price including taxes, as well as any delivery or additional costs, and the method of payment, delivery and execution;
- In the case of agreements that provide for recurring deliveries (continuing agreements), the provisions of paragraph 5 are only mandatory for the first delivery.
- if applicable: the standard withdrawal form.
Article 6 – Right of withdrawal
Products
1. When purchasing physical products, consumers have the statutory right to cancel the purchase within 14 days of receipt without giving a reason. NexWave Games offers a longer period of 30 days after receipt, including for second-hand and discounted products.
2. During this period, the consumer must handle the item and packaging with care. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics and operation. If the consumer decides to exercise the right of withdrawal, he must return the item - including all supplied accessories and, as far as reasonably possible, in the original condition and packaging - in accordance with the instructions provided by the entrepreneur.
3. The consumer is solely responsible for any reduction in value of the product if this is the result of use or treatment that goes beyond what is necessary to determine the nature, properties and functioning of the product.
4. If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal before or upon concluding the agreement, the consumer cannot be held liable for any reduction in value of the product.
5. Consumers can notify us of their cancellation within 30 days of receipt by email or using the online Cancel a purchase function. No reason or prior approval is required. After this notification, consumers have 14 days to return the product.
6. If the consumer has not made a declaration of withdrawal after the aforementioned periods or has not returned the product on time, the agreement remains in full force.
Services
7. When purchasing services, the consumer has the right to withdraw from the agreement without giving reasons 14 days after concluding the agreement.
8. To exercise this right, the consumer must follow the reasonable and clear instructions provided by the entrepreneur, as stated in the offer or at the latest at the start of the service.
Article 7 – Exercise of the Right of Withdrawal and the Associated Costs
1. Consumers must clearly communicate their cancellation within the period specified in Article 6. They can do so via service@nexwavegames.nl or the online function on the returns page; no prior approval is required.
2. Consumers must return the product within 14 days of their notification to NexWave Games, Havikhoek 20, 3201 SH Spijkenisse, Netherlands. The deadline is met if the product is dispatched within those 14 days.
3. The returned product must be returned - as far as reasonably possible - complete, in its original condition and packaging, and in accordance with the clear instructions provided by the entrepreneur.
4. The consumer bears the risk and the burden of proof for the correct and timely exercise of the right of withdrawal.
5. If consumers request a return label from NexWave Games, we will provide and pay for it without deducting the cost from the refund. Consumers may also choose their own carrier; a shipping label purchased independently without consultation is at their own expense. For a defect covered by the statutory warranty, NexWave Games pays the necessary return costs. Requesting a return label or obtaining prior approval is not a condition for exercising the right of withdrawal on time.
6. If the consumer exercises his right of withdrawal, additional agreements related to this will automatically and legally expire.
Article 8 – Exclusion of the Right of Withdrawal
1. The entrepreneur can limit or exclude the right of withdrawal for certain products and services, as described in this article. Such a restriction only applies if this has been clearly communicated to the consumer prior to or at the latest when concluding the agreement.
2. The right of withdrawal can be excluded for the following categories of products:
- goods that have been manufactured in accordance with specific wishes or instructions of the consumer;
- products that cannot be returned due to their nature;
- perishable goods or items with a limited shelf life;
- products whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
- single copies of newspapers and magazines;
- audio or video recordings and computer software of which the seal has been broken by the consumer after delivery;
- products that cannot be returned for reasons of health protection or hygiene once the seal has been broken.
3. For services, the right of withdrawal may be excluded in the following cases:
- services in the field of accommodation, transport, catering or leisure activities, provided that they must be carried out on a specific date or within a specific period;
- services the performance of which has begun with the consumer's prior, express consent before the cooling-off period expires;
- participation in betting and games of chance, including lotteries.
Article 9 – Prices
1. During the period stated in the offer, the stated prices will remain unchanged, except for adjustments resulting from changes in the VAT rates.
2. Notwithstanding this, the entrepreneur may offer products or services whose price depends on fluctuations in the financial market over which he has no influence. In that case, the offer will state that there are target prices and that these may be subject to change.
3. Price increases within three months after concluding the agreement are only permitted if they result directly from legal regulations or provisions.
4. Price changes that take place from three months after the conclusion of the agreement are only valid if this has been expressly agreed in advance and:
- the increase is the result of legal requirements; or
- In that case, the consumer has the right to cancel the agreement with effect from the day on which the price change takes effect.
5. All prices stated include value added tax (VAT).
6. Obvious printing and typographical errors in prices are not binding. The entrepreneur accepts no liability for this and is not obliged to supply products or services at an incorrect price.
Article 10 – Warranty
1. The entrepreneur guarantees that the delivered products and/or services comply with the agreement, the specifications as stated in the offer, the reasonable expectations of reliability and/or usability, and comply with the legal provisions and/or government regulations applicable at the time of delivery. If explicitly agreed, the entrepreneur guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer has against the entrepreneur under the agreement.
3. If consumers discover a defect or receive the wrong product, they should preferably report it as soon as possible via service@nexwavegames.nl. Reporting it after two months does not automatically exclude statutory rights.
4. NexWave Games helps with problems affecting the product’s operation during the first two months after receipt. This service does not limit the statutory warranty, which has no fixed two-month duration in the Netherlands. For second-hand products, reasonable expectations depend on factors including age, price, condition and defects disclosed before purchase.
5. Damage demonstrably caused by misuse, an accident or a modification is not covered by the statutory warranty for that defect. Opening the casing or attempting a repair does not automatically invalidate statutory rights.
Article 11 – Delivery and Execution
1. The entrepreneur takes the utmost care when processing and shipping orders, as well as when assessing requests for services.
2. The delivery address is the address that the consumer provided to the entrepreneur when ordering.
3. Subject to the provisions in Article 4 of these conditions, accepted orders will be processed as quickly as possible, but no later than within 30 days, unless a different delivery period has been agreed in advance. If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, 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 terminate the agreement free of charge and can claim any compensation
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount already paid to the consumer.
5. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a third party designated by the consumer and known to the entrepreneur, unless expressly agreed otherwise.
6. We remain responsible for the risk of loss or damage during delivery until the product has been received by the consumer or a third party designated by them, unless the consumer independently chose a carrier that we did not offer.
Article 12 – Duration transactions: Duration, Termination and Extension
Termination
1. An agreement that has been concluded for an indefinite period and that provides for the regular delivery of products or services can be terminated by the consumer at any time, taking into account the agreed cancellation rules and a maximum notice period of one month.
2. In the agreements referred to in paragraphs 1 and 2, the consumer:
- can cancel at any time, without being limited to specific dates or periods;
- can cancel via the same method in which the agreement was entered into;
- can always cancel with a term that is no longer than the notice period that the entrepreneur applies to himself.
Extension
3. Fixed-term agreements that provide for the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.
4. An exception to this is a subscription to daily, news or weekly newspapers and magazines: this may be tacitly extended for a maximum of three months, provided that the consumer has the right to cancel the extended agreement at the end of that period with a notice period of no more than one month.
5. A fixed-term agreement that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period, whereby the consumer may cancel at any time with a notice period of up to one month. However, if delivery takes place less than once a month (for example magazines), a notice period of maximum three months applies.
6. A trial or introductory subscription to daily, news or weekly newspapers and magazines is not automatically extended. This ends automatically after the agreed introductory period.
Expensive
7. For agreements with a term of more than one year, the consumer may terminate at any time after one year with a notice period of a maximum of one month, unless premature termination would be contrary to the principles of reasonableness and fairness.
Article 13 – Payment and Late Compliance
1. Unless otherwise stated in the agreement or additional conditions, all amounts owed by the consumer must be paid within a period of 14 days. This period starts after the reflection period commences, or - if no reflection period applies - within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the general terms and conditions may never require an advance payment of more than 50% of the purchase price. If advance payment has been agreed, the consumer can only claim delivery or execution after the agreed advance payment has actually been paid.
3. The consumer is obliged to immediately report any errors or inaccuracies in payment details provided or stated to the entrepreneur.
4. If the consumer does not fulfill his payment obligation on time, and he has been informed of this by the entrepreneur, he will be given an additional period of 14 days - starting the day after receipt of the reminder - to pay. If payment is again not made within that period, the consumer will owe statutory interest on the outstanding amount. In addition, the entrepreneur is entitled to charge extrajudicial collection costs.
5. The maximum amount of these collection costs is:
- 15% of the amount due on the first € 2,500;
- 10% on the subsequent € 2,500;
- 5% on the next €5,000;
with a minimum of €40.
6. The entrepreneur reserves the right to deviate from the amounts and percentages mentioned in paragraph 5, insofar as this is more favorable to the consumer.
Article 14 – Intellectual Property
Our Services, including but not limited to all trademarks, brand names, text, layouts, images, graphics, product reviews, video and audio clips, and the design, selection and compilation thereof, are the property of NexWave Games, its affiliates or licensors and are protected by national and international patent, copyright and other intellectual property laws.
These terms permit you to use the Services solely for your personal, non-commercial purposes. You may not reproduce, distribute, modify, prepare derivative works of, publicly display or perform, republish, download, store or transmit any material from the Services without our express written permission. Except as expressly granted in these Terms, nothing in these Terms confers any license or other right under any patent, trademark, copyright or other intellectual property right of NexWave Games or any third party. Unauthorized use of the Services may violate national and international intellectual property rights. All rights not expressly granted are reserved by NexWave Games.
The NexWave Games names, logos, product and service names, designs and slogans are trademarks of NexWave Games, its affiliates or licensors. You may not use these trademarks without the prior written permission of NexWave Games. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.
Article 15 – Complaints procedure
1. The entrepreneur has an accessible and well-known complaints procedure and handles complaints in accordance with this procedure.
2. Preferably report a complaint about a defect as soon as possible after discovering it. Reporting within two months is always considered timely. Reporting later does not automatically invalidate statutory rights.
3. After receiving a complaint, the entrepreneur will 14 days respond. If processing takes more time, the consumer will receive confirmation of receipt within this period and an indication of the period within which a substantive response can be expected.
4. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute settlement. The consumer should first contact the entrepreneur.
5. If the entrepreneur is affiliated with WebwinkelKeur Foundation, consumers can contact this foundation with unresolved complaints via www.webwinkelkeur.nl, who will mediate free of charge. If mediation does not provide a solution, the complaint can be submitted to the independent dispute committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both entrepreneur and consumer agree to this. Fees may be charged for submitting a dispute to this committee, which must be paid by the consumer.
6. For information about cross-border consumer disputes, you can contact the European Consumer Centre.
7. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
8.IIf a complaint is found to be justified, the entrepreneur will, at his own discretion, ensure free replacement or repair of the delivered product.
Article 16 – Disputes
1. All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes regarding the conclusion or execution of agreements relating to products and/or services delivered or to be delivered by the entrepreneur can, with due observance of the provisions set out below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl). In addition, the consumer can choose to use the European ODR platform (https://ec.europa.eu/odr).
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted the complaint to the entrepreneur within a reasonable period and this has not led to a satisfactory solution.
4. If the complaint is not resolved, the dispute must be submitted to the Disputes Committee in writing or via a method permitted by the Commission no later than 12 months after the date on which the complaint was submitted to the entrepreneur.
5. If the consumer chooses to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. The consumer preferably reports this to the entrepreneur first.
6. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must let us know within five weeks of the entrepreneur's written request whether he agrees to this or whether he prefers to submit the dispute to the competent court. If the consumer does not leave a response within that period, the entrepreneur can still submit the dispute to the competent court.
7. The Disputes Committee makes a decision in accordance with its regulations (www.degeschilcommissie.nl) and the decisions are binding for both parties.
8. The Disputes Committee will not handle a dispute, or will discontinue a handling that has already started, if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has actually terminated his business activities before the substantive case has been dealt with and a decision has been made.
Article 17 - Additional or Deviating Provisions
Additional agreements or deviations from these general terms and conditions may never be to the disadvantage of the consumer. Such provisions must be recorded in writing or made available in another way so that the consumer can easily store them on a durable data carrier.
Section 18 – Feedback and Submissions
If you submit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively: “feedback”) submits, uploads, posts, e-mails or otherwise provides to us, you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium, for any purpose, including commercial purposes. We may use this license, among other things, to operate, provide, evaluate, improve, promote the Services and to fulfill our rights and obligations under these Terms and Conditions.
You also represent and warrant that:
- you have all proprietary or necessary rights in the submitted Feedback;
- you have disclosed any compensation or rewards received in connection with the submission of Feedback; and
-
your Feedback complies with these Terms and Conditions.
We are not obliged to:
- treat your feedback confidentially;
- pay any compensation for your feedback; or
- respond to your feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we believe in our sole discretion is unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise inappropriate or infringes intellectual property rights or these Terms and Conditions.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further warrant that your feedback does not contain any defamatory, unlawful, abusive or obscene material, or contain any viruses or other malware that could affect the operation of the Services or any related website.
You may not use false e-mail addresses, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of the feedback. You are solely responsible for the feedback you provide and its accuracy. We accept no liability for any feedback posted by you or any third party.
Article 19 - Website use, scraping and reuse
1. These rules on website use are addressed to visitors and users, including businesses and automated services. Without prior written permission from NexWave Games, and to the extent that NexWave Games is entitled to grant the relevant rights, website components may not be copied, modified, distributed, published, sold or reused in other websites, apps or services. This includes texts, product descriptions, blogs, photographs, images, logos, illustrations, audio, video, animations, 3D models, design, page structure, software, source code, HTML, CSS and JavaScript.
2. Without prior written permission, scrapers, crawlers, spiders, bots, AI agents or similar tools may not be used to automatically collect, download, copy or republish website data or content elsewhere. This includes product, price and stock data and the reading of APIs, product feeds and other machine-readable data sources. Public accessibility or a technically functioning connection does not in itself constitute permission.
3. Without prior written permission, the product catalogue or other data collections may not be copied or reused in their entirety or in substantial part. The same applies to repeatedly and systematically copying smaller portions to build a separate catalogue, price comparison service or other commercial data service. Where statutory database protection exists, NexWave Games expressly reserves the associated rights.
4. To the extent that the content is protected by copyright or database rights and NexWave Games is entitled to exercise those rights, NexWave Games expressly reserves them in relation to text and data mining, including use to train or develop AI models. This reservation is subject to statutory exceptions that cannot be excluded.
5. Normal personal use of the website, temporary browser copies necessary for that use, and saving or printing information about one's own order remain permitted. Statutory exceptions, including applicable quotation rights and research rights that cannot be excluded, continue to apply. Third-party rights and uses directly permitted under an applicable open-source or other licence remain unaffected; NexWave Games does not thereby claim ownership of third-party material.
6. Ordinary search engines may index public HTML pages in accordance with robots.txt and other access instructions. This does not independently authorise price aggregation or further commercial republication. API, feed and other integrations expressly authorised by NexWave Games remain permitted within the scope of that authorisation.
7. In the event of unauthorised use, NexWave Games may, to the extent permitted by law, restrict access and seek cessation of the use, deletion of unlawfully obtained copies and compensation for proven loss. To request permission or agree on reuse, contact service@nexwavegames.nl. This article does not affect mandatory statutory rights and exceptions.
