Terms and Conditions – IXXI

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• IXXI: the company IXXI Concepts B.V.;

• Buyer: the natural person who is not acting in the course of a profession or business (the consumer) and who concludes a distance contract with IXXI;

• Distance contract: a contract concluded between IXXI and the Buyer within the framework of a system organised by IXXI for the distance selling of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;

• Right of withdrawal: the option for the Buyer to cancel the distance contract within the cooling-off period;

• Durable medium: any instrument that enables the Buyer or IXXI to store information addressed personally to them in a way that allows future reference and unaltered reproduction of the stored information.

Article 2 – IXXI’s details

IXXI Concepts B.V.
Oranjesingel 73
6511 NR Nijmegen (The Netherlands)
Chamber of Commerce (KvK) number: 58172998
VAT identification number: NL852909305B01
E-mail: mail@ixxi.com

Article 3 – Applicability

1. These terms and conditions apply to every offer made by IXXI and to every distance contract concluded between IXXI and the Buyer. IXXI expressly excludes the applicability of any (delivery) terms of the Buyer, unless expressly agreed otherwise in writing.

2. Before the distance contract is concluded, the text of these terms and conditions is made available to the Buyer. If this is not reasonably possible, it will be indicated, before the contract is concluded, that the terms and conditions can be inspected at IXXI and that they will be sent free of charge as soon as possible at the Buyer’s request.

3. Deviations from or additions to these terms and conditions are only valid if expressly accepted in writing by IXXI. The remaining provisions then remain fully in force.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services offered, in sufficient detail to allow the Buyer to assess the offer properly. Any images used are a truthful representation of the products and/or services. Obvious mistakes or errors in the offer do not bind IXXI.

3. Each offer contains such information that it is clear to the Buyer what rights and obligations are attached to accepting the offer.

Article 5 – The contract

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the Buyer accepts the offer and meets the associated conditions.

2. If the Buyer has accepted the offer electronically, IXXI confirms receipt of that acceptance electronically without delay.

3. If the contract is concluded electronically, IXXI takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. If the Buyer can pay electronically, IXXI observes appropriate security measures.

4. IXXI may – within statutory limits – inform itself as to whether the Buyer is able to meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, IXXI has good grounds not to enter into the contract, it is entitled to refuse an order on reasoned grounds or to attach special conditions to its performance.

5. With the product or service, IXXI provides the Buyer with the following information in writing or in such a way that it can be stored by the Buyer in an accessible manner on a durable medium:

   • the visiting address of IXXI’s establishment where the Buyer can submit complaints;

   • the conditions and manner in which the Buyer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

   • information on after-sales service and guarantees;

   • the price including all taxes; where applicable the delivery costs; and the method of payment, delivery or performance of the contract.

Article 6 – Right of withdrawal on delivery of products

1. When purchasing certain products (with the exception of, in any event, the products described in Article 8), the Buyer has the option to cancel the contract without giving reasons within fourteen (14) calendar days. This period begins on the day after the Buyer, or a third party designated in advance by the Buyer who is not the carrier, has received the product, or: a) if the Buyer ordered several products in the same order: the day on which the last product was received; b) if delivery consists of several shipments or parts: the day on which the last shipment or part was received; c) for contracts for regular delivery over a set period: the day on which the first product was received.

2. During the cooling-off period the Buyer handles the product and packaging with care. The Buyer only unpacks or uses the product to the extent necessary to establish its nature, characteristics and functioning, as would be permitted in a shop.

3. The Buyer is only liable for any reduction in value of the product resulting from handling that goes beyond what is permitted under paragraph 2.

4. The Buyer is not liable for any reduction in value of the product if IXXI failed to provide all legally required information about the right of withdrawal before or upon conclusion of the contract.

5. The Buyer exercises the right of withdrawal by notifying IXXI within the cooling-off period, using the model withdrawal form or by another unequivocal statement.

6. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 5, the Buyer returns the product or hands it over to IXXI. The Buyer has met the return deadline if the product is returned before the cooling-off period has expired.

7. The Buyer returns the product with all accessories supplied, where reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by IXXI.

8. The risk and the burden of proof for correct and timely exercise of the right of withdrawal lie with the Buyer.

9. The Buyer bears the direct costs of returning the product, unless IXXI has not stated that the Buyer must bear these costs, or unless IXXI indicates it will bear them itself.

10. If the Buyer exercises the right of withdrawal, all supplementary contracts are dissolved by operation of law.

Article 7 – Costs in the event of withdrawal

1. If the Buyer exercises the right of withdrawal, the direct costs of returning the product are borne by the Buyer.

2. IXXI reimburses all payments made by the Buyer, including any delivery costs charged by IXXI for the returned product, without delay and within 14 days following the day on which the Buyer notified the withdrawal. Unless IXXI offers to collect the product itself, it may withhold reimbursement until it has received the product or until the Buyer demonstrates that the product has been returned, whichever is earlier.

3. IXXI uses the same means of payment used by the Buyer for the reimbursement, unless the Buyer agrees to a different method. Reimbursement is free of charge for the Buyer.

4. If the Buyer chose a more expensive delivery method than the cheapest standard delivery, IXXI is not required to reimburse the additional costs.

Article 8 – Exclusion of the right of withdrawal

1. If the Buyer does not have a right of withdrawal, this is excluded by IXXI provided that IXXI stated this in the offer, or at least in good time before conclusion of the contract.

2. The right of withdrawal never applies to products:

   • made by IXXI according to the Buyer’s specifications;

   • clearly personal in nature;

   • that cannot be returned due to their nature.

Article 9 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services are not increased, except for price changes resulting from changes in VAT rates or other government levies.

2. Notwithstanding the previous paragraph, IXXI may offer products or services with variable prices where those prices are subject to fluctuations in the financial markets over which IXXI has no influence.

3. Price increases within 3 months of conclusion of the contract are only permitted if they result from statutory regulations or provisions.

4. Price increases from 3 months after conclusion of the contract are only permitted if:

   • they result from statutory regulations or provisions; or

   • the Buyer has the authority to terminate the contract as of the date on which the increase takes effect.

5. The prices stated in the offer are inclusive of VAT, unless stated otherwise.

Article 10 – Conformity

1. IXXI warrants that the products and/or services conform to the contract, to the specifications stated in the offer, to reasonable requirements of soundness and/or usability, and to the statutory provisions in force on the date the contract was concluded. The Buyer accepts that, due to IXXI’s production method, the properties of the supplied image(s) may change, such as colour, contrast, brightness, sharpness and graphic representation.

2. The Buyer declares that they are familiar with the production process and is independently responsible for supplying the necessary materials adequately and in the correct quality, including the image and/or photo to be used.

Article 11 – Intellectual property rights

1. Performance of the order by IXXI may involve the reproduction and/or communication to the public of third-party works protected under copyright law or any other intellectual property right. Communication, reproduction and/or use of such works (for example photos, paintings, drawings and logos) by the Buyer may only take place with the permission of the rights holder.

2. The Buyer warrants that (i) they are authorised to instruct IXXI to use an image, photo, drawing or logo in the production and delivery process and (ii) that no third-party rights are infringed. The Buyer indemnifies IXXI against all third-party claims relating to any (intellectual property) right concerning the products ordered by the Buyer.

3. IXXI indemnifies the Buyer against third-party claims relating to any (intellectual property) right concerning images originating from the image bank offered by IXXI. This indemnity does not apply if the Buyer uses the product for any public communication. The Buyer is only permitted to use IXXI’s copyright-protected material for private use and within the family circle. Under no circumstances may a copyright-protected work of IXXI be reproduced or made public.

4. The intellectual property rights relating to the data displayed on IXXI’s website, including texts, photos, illustrations, graphic material, (trade) names, word marks and figurative marks, belong to IXXI. These rights are in no way transferred to persons who access or use IXXI’s website.

5. The content of IXXI’s website may only be used for private, non-commercial purposes. The user is not permitted to reproduce, forward, distribute or make the content available to third parties for a fee, without IXXI’s prior written permission.

6. If the Buyer makes public and/or reproduces an image to which the copyrights belong to IXXI without IXXI’s permission, the Buyer is liable to pay an immediately payable contractual penalty of 300% of the original sales price. IXXI also reserves the right to claim full compensation for damages in legal proceedings.

Article 12 – Delivery and performance

1. IXXI exercises the greatest possible care when receiving and performing orders for products.

2. Where, due to force majeure, IXXI cannot deliver in accordance with the contract, IXXI will notify the Buyer as soon as possible, without being obliged to pay any compensation.

3. In the event of force majeure, IXXI may, after consultation with the Buyer, dissolve the contract or suspend delivery until the force majeure situation has ended.

4. Shortcomings by IXXI in the performance of the contract cannot be attributed to IXXI if they are not due to its fault, nor are they for its account under the law, the contract or generally accepted standards.

5. The place of delivery is the address that the Buyer has made known to IXXI.

6. The risk of damage and/or loss of products rests with IXXI until the moment of delivery to the Buyer, unless expressly agreed otherwise.

Article 13 – Payment

1. Unless otherwise stipulated in the contract or supplementary conditions, the amounts owed by the Buyer must be paid within 14 days of the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days of conclusion of the contract. For a contract to provide a service, this period begins on the day after the Buyer receives confirmation of the contract.

2. IXXI offers the option of paying in advance. The Buyer is obliged to report inaccuracies in payment details provided to IXXI without delay.

3. If the Buyer fails to meet their payment obligations on time, then – after being notified by IXXI of the late payment and having been granted a period of 14 days to still meet their obligations – the Buyer owes statutory interest on the outstanding amount upon expiry of that period, and IXXI is entitled to charge the extrajudicial collection costs it has incurred, within the limits set by law.

4. The IXXI gift card with which products can be purchased is valid according to the date stated on the card. If no date is stated, the card is valid for 1 year from purchase and can be redeemed exclusively in the IXXI webshop (www.ixxi.com).

5. The gift card can be used once; any remaining balance lapses. The value of the gift card cannot be exchanged for cash. The gift card can be used in combination with other offers.

Article 14 – Guarantee

1. Statutory guarantee (conformity). In addition to the guarantee described below, the Buyer always retains the rights and remedies available to them under the law. IXXI warrants that the products delivered conform to the contract, to the specifications stated in the offer and to reasonable requirements of soundness and usability. The statutory guarantee of conformity applies in full; for a Buyer whose habitual residence is in an EU country, the statutory guarantee period is at least two (2) years from delivery. No provision of these terms limits or excludes these statutory rights.

2. IXXI’s commercial guarantee. If a product has a design, material or manufacturing defect, the Buyer is entitled to free repair or replacement of the product. The Buyer is entitled to replacement if repair is not reasonably possible. If both repair and replacement are impossible or cannot take place within a reasonable period, the Buyer is entitled to an appropriate price reduction or to dissolution of the contract with full reimbursement.

3. Exclusions. IXXI’s commercial guarantee does not apply to:

   • damage resulting from incorrect use, application or insufficient maintenance of the products;

   • changes to the product due to UV radiation or other environmental factors, insofar as these do not indicate a defect;

   • normal wear and tear.

   These exclusions do not affect the statutory guarantee referred to in paragraph 1.

4. Proof of guarantee. The proof of purchase (the order confirmation after payment) serves as proof of guarantee.

Article 15 – Complaints and dispute resolution

1. Complaints about the performance of the contract must be submitted to IXXI within a reasonable time after the Buyer has discovered the defects, described fully and clearly, at: mail@ixxi.com.

2. Complaints submitted to IXXI are answered within fourteen (14) days of receipt. If a complaint requires a foreseeably longer processing time, IXXI responds within this period with an acknowledgement of receipt and an indication of when the Buyer can expect a more detailed answer. A complaint does not suspend IXXI’s obligations, unless IXXI indicates otherwise in writing.

Article 16 – Liability

1. IXXI is not liable for damage of any kind arising because IXXI relied on incorrect information provided by the Buyer, unless IXXI was aware of the inaccuracy of that information.

2. IXXI is not liable for damage of any kind arising because the products are used improperly after delivery.

3. IXXI is not liable for damage of any kind arising from the Buyer’s use of the product, unless such damage is due to intent or gross negligence on the part of IXXI.

4. Where IXXI is liable for damage suffered by the Buyer as a result of a shortcoming in the performance of this contract, IXXI’s liability is limited to a maximum of the purchase price. The limitations in this article do not affect IXXI’s liability that cannot be excluded or limited under mandatory law, including liability for death or personal injury and statutory product liability.

Article 17 – Use of artificial intelligence (AI)

1. Scope. IXXI uses artificial intelligence (“AI”) in the development, supply and promotion of its products and services. This article describes how IXXI uses AI and the safeguards that apply. It supplements IXXI’s privacy policy.

2. Purposes. IXXI may use AI for the following purposes, among others:

   • developing, composing and personalising products (such as ArtFrame, the IXXI Fotoalbum and AI First applications);

   • editing, enhancing or (partly) generating images and designs;

   • customer service and automated communication (for example chat functions);

   • recommendations, search functions and displaying relevant products;

   • marketing and advertising, including creating, testing and optimising advertising material produced wholly or partly with AI;

   • analysis, quality improvement and fraud prevention.

3. Transparency. Where content or communications are generated wholly or partly by AI, IXXI discloses this insofar as applicable legislation requires. Synthetically generated image, audio or video content is, where legally required, made recognisable or labelled as such.

4. Advertising and marketing. IXXI may use AI to create and optimise advertising. IXXI endeavours to ensure that such advertising is accurate and not misleading and complies with applicable advertising codes and consumer law. IXXI does not use AI to imitate persons in a misleading manner.

5. Processing of personal data. Insofar as IXXI processes personal data when using AI, it does so in accordance with the General Data Protection Regulation (GDPR) and IXXI’s privacy policy. IXXI does not make decisions producing legal effects or similarly significantly affecting the Buyer based solely on automated processing, unless permitted by law and with appropriate safeguards.

6. Human oversight and quality. AI applications are used under human oversight. IXXI endeavours to monitor the quality and accuracy of AI-assisted results but cannot guarantee that AI-generated content is always entirely free of errors.

7. Intellectual property. Content created (partly) with AI by or on behalf of IXXI is subject, where applicable, to the intellectual property rights of IXXI or its licensors. Use thereof by the Buyer is only permitted to the extent provided in these terms or the contract.

8. Changes. IXXI may adjust its use of AI and this article from time to time, for example due to technological developments or changes in laws and regulations. The most recent version is available on IXXI’s website.

Article 18 – Applicable law and competent court

1. All disputes arising from or relating to these terms and conditions are governed by Dutch law. For a Buyer whose habitual residence is outside the Netherlands, this choice of law applies without prejudice to the mandatory protection the Buyer enjoys under the law of their country of habitual residence.

2. Disputes are submitted to the competent court (Rechtbank Gelderland, Arnhem location), unless mandatory law designates a different competent court. The consumer Buyer in any event retains the right to bring the dispute before the court that is competent by law, including the court of their place of residence.

3. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.