Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any medium that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: any means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously present in the same space;
Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate how the terms and conditions can be inspected and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph, be made available to the consumer by electronic means in such a way that it can be easily stored on a durable data carrier.
In case both these terms and specific product or service conditions apply, the consumer may always rely on the provision most favorable to them in case of conflicting terms.
If one or more provisions of these terms are null or annulled, the remaining provisions shall remain in force, and the invalid provision shall be replaced by a valid provision that approximates the original intent as closely as possible.
Article 3 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to change or adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. If the entrepreneur uses images, these shall be a truthful representation. Obvious mistakes or errors do not bind the entrepreneur.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer, including:
the price, excluding customs clearance fees and import VAT (these additional costs are at the customer’s expense and risk);
possible shipping costs;
how the agreement will be concluded and which steps are necessary;
whether or not the right of withdrawal applies;
payment, delivery, and performance method;
the period for acceptance of the offer;
whether the agreement will be archived and, if so, how the consumer can access it;
how the consumer can verify and correct the information provided;
the available languages in which the contract can be concluded;
applicable codes of conduct;
the minimum duration in case of a long-term transaction.
Article 4 – The Agreement
The agreement is concluded when the consumer accepts the offer and meets the stated conditions.
When the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transfer and ensure a safe web environment.
The entrepreneur may, within legal limits, obtain information on the consumer’s ability to fulfill payment obligations and any facts relevant to responsibly concluding the distance contract. If the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or attach special conditions to its execution.
The entrepreneur will send the following information to the consumer with the product or service:
the entrepreneur’s business address for complaints;
the conditions under which the consumer can exercise the right of withdrawal;
information about guarantees and after-sales service;
the information from Article 3, unless already provided before the conclusion of the contract;
the requirements for termination if the contract has a duration of more than one year or is indefinite.
Each agreement is concluded subject to the availability of the relevant products.
Article 5 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 14 days.
During this period, the consumer shall handle the product and packaging carefully and only unpack or use it to the extent necessary to determine whether they wish to keep it.
To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by email within 14 days after receiving the product. The consumer must then return the product within 14 days after notification. Proof of return (such as a shipping receipt) must be provided.
If the consumer has not communicated withdrawal within the stated periods, the purchase becomes final.
Article 6 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, return shipping costs are borne by the consumer.
If the consumer has already paid, the entrepreneur shall refund the payment as soon as possible, but no later than 14 days after withdrawal, provided the product has been received or proof of return has been supplied.
Article 7 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for certain products or services, provided this is clearly stated in the offer.
Exclusion is only possible for products:
made to the consumer’s specifications;
clearly personal in nature;
which cannot be returned due to their nature;
that can spoil or age quickly;
whose price depends on market fluctuations;
newspapers or magazines;
audio/video recordings or software with broken seals;
hygienic products with broken seals.
Article 8 – Prices
During the validity period mentioned in the offer, prices will not be increased except for changes in VAT rates or legal measures.
All prices are subject to printing and typographical errors. No liability is accepted for such errors.
Article 9 – Identity of the Entrepreneur
Business name: EL-Retail
Business address: Theo van Doesburgstraat 70, 9204 KX Drachten, The Netherlands
Email: support@fixyra.com
Chamber of Commerce: 92994849
VAT number: NL004990910B61
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products comply with the agreement, specifications listed, and legal requirements existing at the time of the agreement.
Complaints about defects or incorrect deliveries must be reported in writing within 14 days after delivery. Products must be returned in original packaging and condition.
The warranty does not apply if the defect results from improper use, third-party repairs, or government regulations regarding materials used.
Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care in receiving and executing product orders.
Delivery takes place at the address provided by the consumer.
Accepted orders will be dispatched within 30 days unless otherwise agreed. If delayed, the consumer will be notified within 30 days and may cancel the order for a refund.
Risk of damage or loss transfers to the consumer upon delivery unless otherwise agreed.
Article 12 – Duration Transactions: Termination and Renewal
Consumers may terminate indefinite agreements for recurring delivery at any time with one month’s notice.
Fixed-term agreements may be terminated at the end of the agreed duration with one month’s notice.
Contracts are not automatically renewed unless explicitly stated otherwise and permitted by law.
Article 13 – Payment
Unless otherwise agreed, payments must be made within 7 working days after the start of the withdrawal period.
The consumer must promptly report any inaccuracies in provided payment data.
Article 14 – Complaints
Complaints about the execution of the contract must be submitted clearly and fully within 7 days after discovery.
The entrepreneur shall respond within 14 days. If a complaint requires longer handling, a confirmation and timeframe will be provided.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer are governed exclusively by Dutch law, even if the consumer resides abroad.
Article 16 – CESOP
Due to measures implemented under the “Act amending the Dutch Turnover Tax Act 1968 (Implementation of the Payment Services Directive)” and the introduction of the Central Electronic System of Payment information (CESOP) from 2024 onwards, payment service providers may register payment data in the European CESOP system.