Terms-of-Service

Effective Date: 09-10-2023

Last Updated: 29-07-2024

These General Terms and Conditions (hereinafter referred to as the “Terms”) govern the use of our website, products, and services (collectively referred to as the “Services”). Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of the Terms
By using our Services, you declare that you are legally authorized to accept these Terms and agree to comply with all applicable laws and regulations.

2. Changes to the Terms
Nexxt Labs BV reserves the right to change or update these Terms at any time without prior notice. It is your responsibility to periodically check these Terms. Your continued use of the Services after changes constitutes acceptance of the revised Terms.

3. Scope of the Services
These Terms apply to all agreements (purchase agreement and subscription) concluded through our online store between Nexxt Labs BV, with its registered office at Verdunplein 17 Unit 8485, 5627SZ Eindhoven, Netherlands (hereinafter referred to as “Nexxt Labs BV,” “we,” or “us”) and you as a customer. These Terms also apply to the use of our website, www.apexx01.com (the “Website”).

4. Use of the Services
4.1 User Account: To access certain features of our Services, you may need to create a user account. You are responsible for keeping your account information confidential and for all activities that occur under your account.
4.2 Prohibited Conduct:
You agree not to:
– Violate any applicable laws or regulations.
– Infringe on the intellectual property rights of others.
– Distribute spam, viruses, or harmful code.
– Attempt to gain unauthorized access to our systems or networks.
– Use our Services in a way that may disrupt, impede, or harm the integrity of our Services or the experience of other users.

5. Conclusion of a Purchase Agreement
5.1 Placing an Order: By submitting an order through the online store, you place a binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to withdraw your order under Section 8 remains unaffected.
5.2 Confirmation: We will immediately confirm the receipt of your order through our online store by email. Such an email does not constitute a binding acceptance of the order unless, in addition to the receipt confirmation, acceptance is declared simultaneously.
5.3 Contract Conclusion: An agreement is only concluded when we accept your order by an acceptance declaration or by delivering the ordered products. If the delivery of the products you ordered is not possible, we will immediately inform you and refund any fees received immediately.

6. 30-Day Money-Back Guarantee
If you are not satisfied with our product, you can initiate a refund within 30 days of your initial order. More information is available in our Return & Refund Policy.

7. 7. Purchasing Options and Automatic Deliveries
We offer two purchasing options for our products:

• One-Time Purchase: Customers can choose to make a single purchase without creating an account (guest checkout) or can create an account if they prefer.
• Automatic Deliveries: Customers opting for automatic deliveries are required to create an account. Shipments occur once a month (every 30 days) by default. Customers have the freedom to pause, cancel, or restart their automatic deliveries at any time. These adjustments can be managed by logging into your account on our website and can be made at any time.

8. Delivery and Payment Terms
Our delivery takes place upon receipt of the purchase price (including shipping costs). The delivery time is approximately one to three (1-3) working days after payment of the purchase price and shipping costs. Automatic shipment and delivery are conducted monthly by default as long as a customer remains active.

9. Prices and Shipping Costs
All prices in our online store are net prices, including the statutory VAT and inclusive of shipping costs. The price, including VAT and shipping costs, will also be displayed in the order form before you submit the order. There are no additional costs involved.

10. Fair Policy Use
Customers can use one-time discount codes for their purchases. These codes can only be used once per customer. It is not allowed to misuse these codes by creating a new account every month to repeatedly avail of the discount. If such misuse is detected, your account will be banned, and you will not be able to place orders again using the same address and bank account details.

11. Intellectual Property
Nexxt Labs BV retains all intellectual property rights to logos, images, films, texts, and other content published on our website and related to our products. Use of these logos, images, films, texts, other content, and our trademarks is not allowed without our express prior consent.

12. Disclaimer for Content on Third-Party Websites
We are not responsible for the content on linked external websites over which we have no control. These links are provided solely as a convenience to users and do not constitute endorsement or approval of the content by Nexxt Labs BV.

13. Data Protection Information
Nexxt Labs BV complies with the data protection requirements of the EU General Data Protection Regulation and the applicable national data protection laws. For more information, please refer to our Privacy Policy.

14. Changes to the Terms and Service Operations
14.1 We reserve the right to change these Terms at any time, as far as this is necessary due to a changed legal situation or jurisprudence, technical changes, or further developments, new organizational requirements of mass traffic, further developments of the business model, gaps in the Terms, changes in market conditions, or for other reasons, and provided that the changes do not unreasonably disadvantage you. Changes that only affect new features or products or that do not involve additional obligations or burdens for you will take effect immediately. The changes will be considered approved if you do not object to the changes within four weeks of our notification. In the case of a change to the Terms, we will specifically point out the possibility of objection and the importance of the deadline. If you make use of your right of objection, we have the right to terminate all contracts with you from the moment the amended Terms become effective.
14.2 We reserve the right to discontinue the operation of our website at any time.

15. Transfer
Nexxt Labs BV may transfer all agreements concluded with you and the resulting rights and obligations in whole or in part to another legal entity, especially to an affiliated company, or in connection with a business transaction or asset transaction.

16. Applicable Law and Place of Jurisdiction, Dispute Resolution
Dutch law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
16.1 Dispute Resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase contracts. More information is available on the EU Commission’s website. Nexxt Labs BV is neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.