General

This policy is applicable only to those purchases made directly from our website (nexplayground.com). For purchases from our authorized retailers (e.g. Best Buy, Target, Walmart, Sam's Club) or Amazon, please contact these retailers directly for returns and refunds.

For items delivered to an address in the United States, we have a 30-day return policy, which means you have 30 days after receiving your item to request a return. For items delivered to an address in the European Union ("EU"), European Economic Area ("EEA") or the United Kingdom ("UK"), we have outlined your statutory return rights in the applicable Annexes. For items delivered to an address in any other country, we have a 7-day return policy, which means you have 7 days after receiving your item to request a return.

To be eligible for a return, your item must be a product purchased from our website (nexplayground.com), and in its original packaging. You'll also need the receipt or proof of purchase, such as a receipt, which should clearly show the date of purchase and order number (if applicable). If you received the product as a gift, a gift receipt will be sufficient..

To start a return, you can contact us at hello@nexplayground.com. Please note that returns will need to be sent to the address we provide upon accepting your return request, which may not be in the same country or territory of the of the delivery address.

If your return request is accepted, we’ll provide you with instructions on how and where to send your package. Items sent back to us without first requesting a return or sent to an address different from what we have provided will not be accepted.

You can always contact us for any return question at hello@nexplayground.com.

1. Damages and issues

Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right. For a covered defect arises in the Nex Playground hardware product and its accessories, please refer to the One-Year Limited Warranty for Playground (available at nex.fun/warranty ). 

2. Exceptions / non-returnable items

Certain types of items cannot be returned, like software or game purchases, downloadable content or other digital purchases within software or game, and subscriptions to software or game content. That said, if it is your first-time purchase of a Play Pass directly from our website (nexplayground.com), we are happy to give you a full refund of the Play Pass if you send us the request to return the Play Pass within 14 days of activation of such Play Pass. For clarity, this policy does not apply to Play Pass purchased from any of our authorized retailers, Amazon, or any sales channel other than from our website (nexplayground.com), and you will no longer have access to the content unlocked by such Play Pass upon its return and refund.

Please get in touch if you have questions or concerns about your specific item.

Unfortunately, we cannot accept returns on gift cards.

3. Exchanges

The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

4. EU, EEA and UK 14 day cooling off period

Notwithstanding the above, if the merchandise is being shipped into the EU/EEA and UK, you have the right to withdraw from the contract or cancel your order within 14 days, for any reason and without a justification. You must return your item in the same condition that you received it with tags, and in its original packaging, where possible. However, you are allowed to test the Product in a reasonable manner. We may deduct from your refund an amount reflecting any reduction in value caused by handling beyond what was necessary to assess the merchandise. You’ll also need the receipt or proof of purchase. For more information, including with respect to digital content and Play Pass, please see the respective EU Annexes (with jurisdiction specific Appendices) and UK Annexes.

5. Refunds

We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take sometime for your bank or credit card company to process and post the refund too. If more than 15 business days have passed since we’ve approved your return, please contact us at hello@nexplayground.com.

6. 1-year limited warranty for Nex Playground

A manufacturer’s 1-year limited warranty is available for Nex Playground. See nex.fun/warranty for details

ANNEX A: Jurisdiction-Specific Terms – United Kingdom

This United Kingdom Jurisdiction Annex ("UK Annex") supplements and, where inconsistent, takes precedence over the refund policy in respect of consumers who are resident in the United Kingdom (England, Wales, Scotland and Northern Ireland).

You have statutory rights under the Consumer Rights Act 2015 ("CRA 2015"), the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCRs 2013") and other applicable consumer legislation. Nothing in this UK Annex limits or affects your statutory rights.

1. Statutory Rights and Returns (General Section – supplemented)

The following is added to the end of the General Section of the refund policy: 

"For consumers in the United Kingdom:

    (a) You have statutory rights as a consumer under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and other applicable consumer legislation. These statutory rights are enforceable against the seller from whom you purchased the Product. Where you purchased the Product from a third-party retailer rather than from Nex, your statutory rights are enforceable against that retailer.

    (b) Your key statutory rights include:

(i) a right to cancel your order within 14 days of the day after delivery, without giving any reason;

(ii) if the Product is faulty or not as described, a right to reject the Product and receive a full refund within 30 days of delivery;

(iii) after 30 days, a right to request a repair or replacement; and

(iv) if repair or replacement is not possible or is unsuccessful, a right to a price reduction or to reject the Product.

   (c) The voluntary warranty provided by Nex (see the One-Year Limited Warranty for Playground) is separate from and in addition to these statutory rights."

2. Damages and Issues (Section 1 – amended)

Section 1 of the refund policy is deleted and replaced as follows: 

"1. Damages and Issues

For consumers in the United Kingdom, your warranty rights in respect of the Nex Playground hardware are set out in the One-Year Limited Warranty for Playground (the "Warranty") (available at nex.fun/warranty). The Warranty is a voluntary manufacturer's guarantee provided by Nex and is separate from and in addition to your statutory rights under the Consumer Rights Act 2015, which are enforceable against the seller from whom you purchased the Product."

3. Exceptions/Non-Returnable Items (Section 2 – amended)

Section 2 of the refund policy is deleted and replaced as follows:

"2. Exceptions/Non-Returnable Items

For consumers in the United Kingdom:

    (a) Gift cards cannot be returned.

    (b) You have a statutory 14-day right to cancel a purchase of digital content (including software, game purchases, downloadable content and other digital purchases). This right can only be lost if, before supply begins, you have expressly consented to the immediate supply of the digital content and acknowledged that your cancellation right will be lost once supply has begun.

    (c) Your statutory cancellation rights in respect of Play Pass are set out in the UK Annex to the Play Pass Terms and Conditions. The 14-day refund for first-time Play Pass purchases referred to in this policy is a voluntary offer by Nex which is in addition to (and does not limit) your statutory rights."

4. Cancellation Right (Section 4 – supplemented)

The following is added at the end of Section 4 of the refund policy for consumers in the United Kingdom:

"For consumers in the United Kingdom exercising their right to cancel under this Section:

    (a) You may use the model cancellation form available at nex.fun/cancel to inform us that you are exercising your right to cancel. Alternatively, you may send a clear statement by email to hello@nexplayground.com or by post to 333 W. San Carlos St., Suite 600, San Jose, CA 95110, USA.

    (b) The cancellation period begins on the day after you (or a person nominated by you) receive the goods.

    (c) If you cancel, you must return the goods to us without undue delay and in any event within 14 days of notifying us of your cancellation. You will bear the direct cost of returning the goods unless we have agreed to bear those costs or have failed to inform you that you must bear them.

    (d) We will reimburse all payments received from you (including the cost of standard delivery) without undue delay and in any event within 14 days of the day on which we receive the returned goods or you provide evidence of having sent them back, whichever is earlier. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

    (e) Your right to cancel is not conditional on the goods being returned in their original packaging, although we request that you do so where possible."

5. Refund Timelines (Section 5 – supplemented)

The following is added at the end of Section 5 of the refund policy:

"For consumers in the United Kingdom exercising their statutory cancellation right under this UK Annex, we will process your refund within 14 days of the day on which we receive the returned goods or receive evidence that the goods have been sent back, whichever is earlier."

ANNEX B: Jurisdiction-Specific Terms – European Union/European Economic Area

This European Union Annex ("EU Annex") supplements and amends the refund policy in regard to consumers with their habitual residence in the European Union (“EU”) or the European Economic Area (“EEA”).

The EU Annex is complemented by Appendices addressing statutory requirements under particular EU/EEA member state laws ("Country Appendix/Appendices"), namely Germany and the Republic of Ireland. In case of any conflict between provisions of this EU Annex and the refund policy, the provisions of the EU Annex shall prevail. In case of any conflict between provisions of the respective Country Appendix with the refund policy or with the provisions of the EU Annex, the provisions of the Country Appendix shall prevail.

1. Damages and Issues (Section 1 – amended)

Section 1 is deleted and replaced as follows: 

"1. Damages and Issues

Your rights in regard to defects in the Product (including Play Pass) are covered by the warranty provisions in the applicable terms and conditions of your Agreement. For the avoidance of doubt: nothing in this refund policy shall modify or reduce your statutory rights as a consumer under the applicable national law implementing the Sale of Goods Directive ((EU) 2019/771) and the Digital Content Directive ((EU) 2019/770). These statutory rights are enforceable against the seller from whom you purchased the Product.”

2. Exceptions/non-returnable items (Section 2 – supplemented)

The following is added at the end of Section 2: 

“(a) In general, you have the right to withdraw from your purchase of digital content (such as games, downloadable content and virtual currency) within 14 days after concluding the Agreement. However, you can no longer exercise your right of withdrawal if (i) Nex has started supplying the digital content before the end of the 14-day withdrawal period, (ii) you have given your express consent to being provided with the digital content during that period, and (iii) you have acknowledged that you would lose your right of withdrawal. Nex will provide you with confirmation of your consent to the immediate supply of digital content and your acknowledgement of the loss of withdrawal right on a durable medium (such as email) following your purchase.

(b) For Play Pass, you have the right to withdraw within 14 days after concluding the Agreement. If you request that Nex begins the supply of Play Pass before the end of the withdrawal period, you may still withdraw, but you will be required to pay a proportionate amount for the service received up to the point of withdrawal.”

3. EU 14 day cooling off period (Section 4 – supplemented)

The following is added at the end of Section 4: 

“You may use the model withdrawal form available at nex.fun/cancel to inform us that you are exercising your right of withdrawal. In the alternative you may send us an email with your unambiguous statement to withdraw from the Agreement, by sending us an email to hello@nexplayground.com”

4. Refunds (Section 5 – supplemented)

The following is added at the end of Section 5:

“For clarification: If you exercise your right to withdraw, Nex will reimburse all payments received from you, including the costs of delivery (except for supplementary costs if you chose a type of delivery other than the least expensive standard delivery offered by Nex). Nex will make the reimbursement without undue delay and no later than 14 days after the day on which Nex receives the returned Product or you provide evidence of having sent back the Product, whichever is earlier.”

APPENDIX to the EU Annex: Specific Terms for Consumers in Republic of Ireland

 This Republic of Ireland Appendix ("ROI Appendix") supplements and amends the refund policy, as amended by the EU Annex, in regard to consumers with their habitual residence in the Republic of Ireland.

1. Damages and issues (Section 1 of the refund policy, as amended by the EU Annex – further supplemented)

The following is added at the end of Section 1 of the refund policy (as amended by the EU Annex): 

“Faulty Hardware within 30 Days: If your Product is not in conformity with the contract and becomes apparent within 30 days of delivery, you have a statutory short-term right to reject the product and receive a full refund.”

‍