GENERAL TERMS AND CONDITIONS NextGen Digital Evolutions - E-mail: [email protected] Website: www.worldnextgen.com
Definitions
1. NextGen Digital Evolutions: Baydar International Commerce Solutions, established in The Hague, Chamber of Commerce
no. 93519702.
2. Customer: the party which NextGen Digital Evolutions has entered into an agreement with.
3. Parties: NextGen Digital Evolutions and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services
or products by or on behalf of NextGen Digital Evolutions.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the
customer or of third parties.
Prices
1. All prices used by NextGen Digital Evolutions are in euros, are inclusive of VAT and exclusive of any other costs such as
administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed
otherwise.
2. NextGen Digital Evolutions is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise,
at any time.
3. The parties agree on a total price for a service provided by NextGen Digital Evolutions. This is always a target price, unless the
parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
4. NextGen Digital Evolutions is entitled to deviate up to 10% of the target price.
5. If the target price exceeds 10%, NextGen Digital Evolutions must let the customer know in due time why a higher price is
justified.
6. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price
by 10%.
7. NextGen Digital Evolutions has the right to adjust prices annually.
8. NextGen Digital Evolutions will communicate price adjustments to the customer prior to the moment the price increase becomes
effective.
9. The consumer has the right to terminate the contract with NextGen Digital Evolutions if he does not agree with the price increase.
Payments and payment term
1. NextGen Digital Evolutions may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within , after delivery.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount
at the latest on the last day of the payment term, he is legally in default, without NextGen Digital Evolutions having to send the
customer a reminder or to put him in default.
4. NextGen Digital Evolutions reserves the right to make a delivery conditional upon immediate payment or to require adequate
security for the total amount of the services or products.
Payments and payment term
1. Products are immediately paid for.
2. NextGen Digital Evolutions may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
3. The customer must pay invoices of NextGen Digital Evolutions within 14 days, unless parties have made other agreements about this or if the invoice has a different payment term.
4. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without NextGen Digital Evolutions having to send the customer a reminder or to put him in default.
5. NextGen Digital Evolutions reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
1. If the customer does not pay within the agreed term, NextGen Digital Evolutions is entitled to charge an interest per month for noncommercial transactions and an interest per month for commercial transactions from the day the customer is in
default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any
compensation to NextGen Digital Evolutions.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, NextGen Digital Evolutions may suspend its obligations until the customer has met his
payment obligation.
5. In the event of liquidation, bankruptcy, attachment, or suspension of payment on behalf of the customer, the claims
of NextGen Digital Evolutions on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by NextGen Digital Evolutions, he is still obliged to
pay the agreed price to NextGen Digital Evolutions.
Right of recovery of goods
1. As soon as the customer is in default, NextGen Digital Evolutions is entitled to invoke the right of recovery with regard to the
unpaid products delivered to the customer.
2. NextGen Digital Evolutions invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the
products concerned to NextGen Digital Evolutions, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.
Right of withdrawal
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided
that:
the product has not been used
it is not a product that can spoil quickly, like food or flowers
the product is not specially tailored for the consumer or adapted to its special needs
it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
the service does not concern accommodation, travel, restaurant business, transport, catering assignment or form
of leisure activity
the product is not a separate magazine or a loose newspaper
the purchase does not concern an (assignment to) urgent repair
it does not concern a service that is fully performed with the consent of the customer within the 14 calendar
days right of withdrawel period and the consumer has not renounced his right of withdrawal
2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
on the day after the consumer has received the last product or part of 1 order
as soon as the consumer has received the first the product of a subscription
as soon as the consumer has purchased a service for the first time
as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of withdrawal via [email protected], if desired by using the
withdrawal form that can be downloaded via the website of NextGen Digital Evolutions, www.worldnextgen.com.
4. The consumer is obliged to return the product to NextGen Digital Evolutions within 14 days after the notification of his right of
withdrawal, after which period his right of withdrawal will lapse.
Reimbursement of delivery costs
1. If the purchase costs and any other costs (such as delivery costs) are eligible for reimbursement according to the
law, NextGen Digital Evolutions will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to NextGen Digital Evolutions in time
2. The costs for return are only reimbursed by NextGen Digital Evolutions if the complete order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the
complete order will be borne by the consumer, unless the consumer returns a complete order with a minimum value of
€ 25,00 (excluding shipping costs).
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
1. NextGen Digital Evolutions can appeal to his right of retention of title and in that case retain the products sold by NextGen Digital Evolutions to
the customer until the customer has paid all outstanding invoices with regard to NextGen Digital Evolutions, unless the customer
has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes
payments to NextGen Digital Evolutions.
3. NextGen Digital Evolutions is never liable for any damage that the customer may suffer as a result of using his right of retention of
title.
Settlement
The customer waives his right to settle any debt to NextGen Digital Evolutions with any claim on NextGen Digital Evolutions
Retention of title
1. NextGen Digital Evolutions remains the owner of all delivered products until the customer has fully complied with all its payment
obligations with regard to NextGen Digital Evolutions under whatever agreement with NextGen Digital Evolutions including of claims
regarding the shortcomings in the performance.
2. Until then, NextGen Digital Evolutions can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber
the products.
4. If NextGen Digital Evolutions invokes its retention of title, the agreement will be dissolved and NextGen Digital Evolutions has the right to
claim compensation, lost profits and interest.
Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at NextGen Digital Evolutions unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, NextGen Digital Evolutions has the right to suspend its obligations until the agreed price is
fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery
by NextGen Digital Evolutions.
Delivery period
1. Any delivery period specified by NextGen Digital Evolutions is indicative and does not give the customer the right to dissolution or
compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an
(electronic) confirmation of his order from NextGen Digital Evolutions.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the
contract, unless NextGen Digital Evolutions cannot deliver within 14 days after the customer has urged him to do so in writing or if
the parties have agreed upon otherwise.
Transport costs
Transport costs are paid by the customer, unless the parties have agreed upon otherwise
Packaging and shipping
1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder
or delivery person before receiving the product. In the absence of which NextGen Digital Evolutions may not be held liable for any
damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the
packaging prior to the transport to NextGen Digital Evolutions, failing which NextGen Digital Evolutions cannot be held liable for any damage.
Insurance
1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water
damage as well as theft:
* goods delivered that are necessary for the execution of the underlying agreement
* goods being property of NextGen Digital Evolutions that are present at the premises of the customer
* goods that have been delivered under retention of title
2. At the first request of NextGen Digital Evolutions, the customer provides the policy for these insurances for inspection.
Storage
1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the
customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.
Guarantee
1. When parties have entered into an agreement with services included, these services only contain best-effort
obligations for NextGen Digital Evolutions, not obligations of results.
2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made
to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be
established.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on
to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or
of a third party who receives the product for the benefit of the customer.
Exchange
1. Exchange is only possible if the following conditions are met:
* exchange takes place within 14 days after purchase upon presentation of the original invoice
* the product is returned in the original packaging or with the original (price) tags still attached to it
* the product has not been used
2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the
customer cannot be exchanged.
Performance of the agreement
1. NextGen Digital Evolutions executes the agreement to the best of its knowledge and ability and in accordance with the
requirements of good workmanship.
2. NextGen Digital Evolutions has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the
possibly agreed advance by the customer.
4. It is the responsibility of the customer that NextGen Digital Evolutions can start the implementation of the agreement on time.
5. If the customer has not ensured that NextGen Digital Evolutions can start the implementation of the agreement in time, the
resulting additional costs and/or extra hours will be charged to the customer.
Duty to inform by the customer
1. The customer shall make available to NextGen Digital Evolutions all information, data and documents relevant to the correct
execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made
available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as the customer requests this, NextGen Digital Evolutions will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably required
by NextGen Digital Evolutions and the execution of the agreement is delayed because of this, the resulting additional costs and
extra hours will be charged to the customer.
Duration of the service agreement
1. The agreement between NextGen Digital Evolutions and the customer is entered into for an indefinite period of time, unless it
results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the
term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a
consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at
the end of the fixed term.
3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless
specified explicitly otherwise in writing. If this term is exceeded, the customer must give NextGen Digital Evolutions a written
reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
Cancellation of the contract for an indefinite period of time
1. The customer can terminate an agreement that has been concluded for an indefinite period at any time with due
observance of a notice period of 2 months.
2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of
1 month.
Indemnity
The customer indemnifies NextGen Digital Evolutions against all third-party claims that are related to the products and/or services supplied by NextGen Digital Evolutions.
Complaints
1. The customer must examine a product or service provided by NextGen Digital Evolutions as soon as possible for possible
shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement,
the customer must inform NextGen Digital Evolutions of this as soon as possible, but in any case within 1 month after the
discovery of the shortcomings.
3. Consumers must inform NextGen Digital Evolutions of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that NextGen Digital Evolutions is able to respond
adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to NextGen Digital Evolutions being forced to perform other
work than has been agreed.
Giving notice
1. The customer must provide any notice of default to NextGen Digital Evolutions in writing. 2. It is the responsibility of the customer that a notice of default actually reaches NextGen Digital Evolutions (in time).
Joint and several Client liabilities
If NextGen Digital Evolutions enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to NextGen Digital Evolutions under that agreement.
Liability of NextGen Digital Evolutions
1. NextGen Digital Evolutions is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or
gross negligence.
2. If NextGen Digital Evolutions is liable for any damage, it is only liable for direct damages that results from or is related to the
execution of an agreement.
3. NextGen Digital Evolutions is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to
third parties.
4. If NextGen Digital Evolutions is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in
the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the
(part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only
approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of
any obligation.
Expiry period
Every right of the customer to compensation from NextGen Digital Evolutions shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Dissolution
1. The customer has the right to dissolve the agreement if NextGen Digital Evolutions imputably fails in the fulfillment of his
obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor
significance.
2. If the fulfillment of the obligations by NextGen Digital Evolutions is not permanent or temporarily impossible, dissolution can only
take place after NextGen Digital Evolutions is in default.
3. NextGen Digital Evolutions has the right to dissolve the agreement with the customer, if the customer does not fully or timely
fulfill his obligations under the agreement, or if circumstances give NextGen Digital Evolutions good grounds to fear that the
customer will not be able to fulfill his obligations properly.
Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of NextGen Digital Evolutions in the fulfillment of
any obligation to the customer cannot be attributed to NextGen Digital Evolutions in any situation independent of the will
of NextGen Digital Evolutions, when the fulfillment of its obligations towards the customer is prevented in whole or in part or
when the fulfillment of its obligations cannot reasonably be required from NextGen Digital Evolutions .
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such
as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other
third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes,
government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which NextGen Digital Evolutions cannot fulfill one or more obligations towards
the customer, these obligations will be suspended until NextGen Digital Evolutions can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the
agreement in writing in whole or in part.
5. NextGen Digital Evolutions does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any
advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
1. NextGen Digital Evolutions is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by NextGen Digital Evolutions with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with NextGen Digital Evolutions to third parties without the
prior written consent of NextGen Digital Evolutions.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other
provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to
what NextGen Digital Evolutions had in mind when drafting the conditions on that issue
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where NextGen Digital Evolutions is established is exclusively competent in case of any disputes
between parties, unless the law prescribes otherwise.
Attribution
These terms and conditions were created using a document from Rocket
Drawn up on 28 augustus 2025.