Terms and Conditions
TERMS OF MEDIATION
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions apply:
Website: provided platform accessible through felexia.com including all associated subdomains.
Owner of the website: eleganzamelbourne.com
Buyer: the person who makes a purchase on the aforementioned website.
Seller: company that, either as a manufacturer or as a dealer, sells movable property to the buyer.
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ARTICLE 2 - BUYER'S RIGHTS
If the seller is established in a country in the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:
The seller must provide the buyer with information about taxes, payment, delivery and fulfillment of the agreement clearly and in writing.
The buyer receives the order within 30 days, unless a different deadline has been agreed with the seller. If the movable object in question is not or is no longer available, the seller must inform the buyer of this. Any (dis)payments must be refunded within 30 days, unless the Seller delivers a corresponding movable object.
The buyer has the right of withdrawal, which means that the buyer can return the purchase for at least fourteen days without giving reasons. Any shipping costs are borne by the buyer. Any (out)payments must be refunded within thirty days.
ARTICLE 3 - CHARACTER OF THE MEDIATION SERVICE
The offer of movable property on the Website is not sold by the Owner of the Website, but by the Seller. When movable property is purchased, a contract is therefore concluded between Buyer and Seller. The website owner himself is therefore not a party to this purchase agreement.
Through the website, certain personal property is purchased from third parties, regardless of whether they are based in the AU or not.
The service provided by the Website Owner is an intermediary service provided to a third party. When ordering a movable object via the website, the website owner is authorized to act as an intermediary in the buyer's name and on the buyer's behalf and to order the movable object from the actual seller of the relevant movable object.
If the actual seller is established outside the Netherlands, and the personal property in question must therefore be imported, this must be done in the buyer's name. Additional costs such as import VAT and (customs) clearance costs must be borne by the Buyer.
ARTICLE 4 - PAYMENT
Settlement of payment for the purchased product takes place via the Website Owner. The website owner must also ensure (further) payment to the actual seller.
It is possible that the prices indicated on the website differ from the amounts paid (on) by the website owner to the actual seller. The seller may be given the opportunity to purchase the product after it has been purchased by the buyer for a lower amount. In these cases, the difference between the amount paid by the Buyer and the amount paid to the actual Seller is considered compensation for the intermediary service provided by the Website Owner to the third party.
ARTICLE 5 - COMPLAINT PROCEDURE
If the Buyer is dissatisfied with the way in which the (brokerage) agreement has been carried out, this can be communicated to the Website Owner via the contact details provided on the Website. Any report from the Buyer will be handled by the Website Owner with the utmost care and as quickly as possible. The website owner will provide an adequate response to the buyer no later than fourteen days after receiving the notice.
If the buyer is dissatisfied with the procedure referred to in subsection 1 of this article, he can turn to the dispute committee of the European ODR platform (https://ec.europa.eu/consumers/odr/).
General terms and conditions
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of cancellation
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and Warranty
Article 11 - Delivery and performance
Article 12 - Duration of transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Supplementary or deviating provisions
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions apply:
Accessory agreement: an agreement whereby the consumer acquires goods, digital content and/or services in connection with a distance selling agreement and these goods, digital content and/or services are provided by the trader or by a third party on the basis of an agreement between that third party and the trader.
Cancellation period: the period within which the consumer can make use of his right of cancellation;
Consumer: the natural person who does not act as part of the exercise of a profession, business or craft and who enters into an agreement with the entrepreneur;
Day: calendar day;
Digital content: data produced and delivered in digital form
Duration transaction: an agreement 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 (additional) means that enables the consumer or entrepreneur to store information addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information, including e-mail.
Right of withdrawal: The consumer's option to renounce the distance sales agreement within the withdrawal period;
Model form: the withdrawal form that the entrepreneur makes available to the consumer and which can be completed by the consumer when he wishes to exercise his right of withdrawal;
Entrepreneur: the natural person or legal entity that offers products and/or (access to) digital content and/or services to consumers at a distance;
Distance sales agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, one or more techniques for remote communication with the consumer are exclusively used;
Distance communication technology: means that can be used to conclude a distance contract without the consumer and the entrepreneur being together in the same room at the same time;
General terms and conditions: the current general terms and conditions of the entrepreneur.
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order entered into between entrepreneur and consumer.
Before the distance sales agreement is entered into, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before entering into the distance selling agreement, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises, in which way they can be inspected, and that these general terms and conditions will be sent free of charge to the consumer as soon as possible as possible upon request.
If the distance selling agreement is entered into electronically, the text of these general terms and conditions, regardless of the previous section, can be made available to the consumer electronically in such a way that it can be easily saved by the consumer on a durable data carrier before the distance selling agreement is entered into. If this is not reasonably possible, before the distance sales agreement is entered into, it must be stated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him .
In the event that one or more provisions of these general terms and conditions are at any time declared invalid or canceled in whole or in part, these general terms and conditions shall otherwise remain in force and the relevant invalid or canceled provision shall be replaced immediately by mutual agreement with a provision that approximates the purpose of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed according to these general terms and conditions.
Uncertainty about the interpretation or content of one or more provisions of our terms and conditions must be interpreted according to these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made under conditions with suspensive or dissolving effect or other conditions, this must be expressly stated in the offer.
The entrepreneur's offer is non-binding. The entrepreneur has the right to change and adjust the offer.
The trader's offer contains a description of the products and/or services offered, which is complete and accurate at all times. The offer contains a sufficiently detailed description to enable a correct assessment of the offer by the consumer. If the entrepreneur uses images that suggest that these images show the product offered, these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer cannot bind the entrepreneur.
Images accompanying products are a true representation of the products offered. However, the operator cannot guarantee that the colors shown correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This applies in particular to:
Price including taxes and fees;
any shipping costs;
the manner in which the agreement is to be entered into and the actions necessary to do so
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whether the level of the tariff for long-distance communication is to be calculated on a basis other than the ordinary basic tariff for the means of communication used;
whether the agreement is archived after conclusion and how the consumer can access it if so;
the minimum duration of the distance selling agreement in the case of a duration transaction.
application of the right of withdrawal;
the method of payment, delivery and performance of the agreement;
ARTICLE 5 - THE AGREEMENT
Subject to the provisions of subsection 4, the agreement is concluded at the time when the consumer accepts the offer and fulfills the conditions laid down therein.
In the event that the consumer has accepted the offer electronically, the entrepreneur must immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate security measures.
Within the legal framework, the entrepreneur can inform himself about whether the consumer can fulfill his payment obligations, as well as about all the facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he has the right to reject an order or application while stating reasons, or to attach special conditions to the implementation.
The contractor sends the consumer the following information, in writing or in such a way that it can be saved by the consumer in an accessible way on a durable data carrier, at the latest upon delivery of the product or service or digital content:
the visiting address of the trader's business, to which the consumer can turn with complaints;
the conditions for and the manner in which the consumer can exercise the right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
information on warranties and existing after-sales service;
the price, including taxes, of the product, service or digital content;
the delivery costs, if applicable;
the method of payment, delivery or performance of the distance selling agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has the right of withdrawal, the model for the withdrawal form.
In case of a long transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When delivering products:
When purchasing products, consumers have 14 days to cancel the contract without giving a reason.
This cooling-off period starts the day after receipt of the product by the consumer or a representative previously appointed by the consumer and made known to the entrepreneur.
If:
the consumer has ordered several products in one order, the withdrawal period starts on the day on which the consumer or a third party indicated by him has received the last product. The trader can, provided he has clearly informed the consumer about this prior to the ordering process, reject an order for several products with different delivery times.
the delivery of a product consists of several shipments or parts, the withdrawal period begins on the day on which the consumer or a third party designated by him received the last shipment or part;
the agreement includes regular delivery of products for a specified period, the withdrawal period begins on the day when the consumer or a third party designated by him received the first product.
In the case of services and digital content not provided on a tangible medium:
In the case of a service agreement or an agreement for the supply of digital content that is not delivered on a tangible medium, the consumer can terminate the agreement for fourteen days without giving any reason. These fourteen days start from the day after the conclusion of the contract.
Extended cancellation period for products, services and digital content not delivered on a tangible medium, in case of lack of information about the right of cancellation:
If the trader has not provided the consumer with the statutory information on the right of withdrawal or the model of the withdrawal form, the withdrawal period expires 12 months after the end of the original withdrawal period established in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information mentioned in the previous paragraph within twelve months of the start date of the original withdrawal period, the withdrawal period expires 14 days after the day the consumer received this information.
During the cancellation period, the consumer will carefully handle the product and emballegation. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accompanying accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions given by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must do this using the standard form. After the consumer has made it clear that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must be able to prove that the delivered goods have been returned on time, e.g. by presenting a shipping receipt.
ARTICLE 7 - COSTS FOR EXERCISE OF THE RIGHT OF WITHDRAWAL.
When exercising the right of withdrawal by the consumer, he is charged at most the costs of return.
The entrepreneur will as soon as possible, but no later than 14 days after withdrawal, repay the purchase amount in the same way as the consumer has used. However, this requires that the item has been returned by the webshop, or that there is documentation for a complete return.
Any depreciation of the product caused by careless handling is the responsibility of the consumer. This cannot be claimed if the entrepreneur has not provided all legally required information about the right of withdrawal. This must be done before entering into the purchase agreement.
ARTICLE 8 - EXEMPTION FROM THE RIGHT OF WITHDRAWAL
Exemption from the right of withdrawal is only possible if the entrepreneur has clearly indicated this in the offer, at least well in advance of the conclusion of the agreement, and it concerns one of the products mentioned in points 2 and 3.
Exception is only possible for the following products:
which is manufactured by the entrepreneur in accordance with the consumer's specifications;
that is clearly of a personal nature;
that can quickly spoil or become obsolete;
where the price is tied to fluctuations in the financial market, over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygienic products where the consumer has broken the seal.
Exception is only possible for the following services:
relating to accommodation, transport, restaurant business or leisure activities to be carried out on a particular date or for a particular period;
where delivery has begun with the express consent of the consumer before the withdrawal period has expired;
regarding betting and lotteries.
ARTICLE 9 - PRICE
Throughout the validity period specified in the offer, the prices of the products and/or services offered will not be increased, unless there are price changes as a result of changes in the VAT charges.
In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market and where the entrepreneur has no influence, at variable prices. This subject to fluctuations and the fact that any quoted prices are indicative prices will be indicated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they are due to legislative provisions or rules.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this, and:
this is the result of legislative provisions or regulations;
the consumer has the right to terminate the agreement with effect from the day the price increase takes effect.
The prices indicated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No responsibility is assumed for the consequences of printing and typographical errors. In the event of typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
SECTION 10 - WARRANTY AND COMPLIANCE
The entrepreneur guarantees that the products and/or services meet the agreement, the specified requirements in the offer, the reasonable requirements for quality and/or usability, as well as the applicable legal provisions and/or public regulations that existed at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty issued by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement. This includes any obligation by the entrepreneur, its supplier, importer or manufacturer, whereby the consumer is granted certain rights or claims that go beyond what he is legally bound to in the event that he has failed to fulfill his part of the agreement.
Any defects or erroneously delivered products must be notified in writing
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the seller no later than 4 weeks after delivery. Products must be returned in the original packaging and in new condition.
The guarantee does not apply if:
The consumer himself has repaired and/or changed the delivered products, or has had them repaired and/or changed by a third party;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or processed on the packaging;
If the deficiency is wholly or partly due to regulations which the government has laid down or will lay down regarding the nature or quality of the materials used.
SECTION 11 - DELIVERY AND EXECUTION
The entrepreneur will exercise the greatest possible care when receiving and carrying out orders for products and when assessing requests for services.
The place of delivery is the address that the consumer has provided to the company.
Subject to what is stated in section 4 of this article, the company will process accepted orders with reasonable speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If the delivery is delayed or if an order cannot or can only be partially fulfilled, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot rely on any mentioned deadlines. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution in accordance with point 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.
If delivery of an ordered item proves to be impossible, the entrepreneur will endeavor to deliver a replacement item. At the latest upon delivery, it will be clearly and comprehensibly announced that a replacement product is being delivered. In the case of replacement goods, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a previously appointed and known representative of the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 - LONG-TERM AGREEMENTS: DURATION, TERMINATION AND EXTENSION
Termination
A consumer may at any time terminate an agreement concluded for an indefinite period and which concerns the regular supply of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
A consumer may at any time terminate an agreement entered into for a fixed period of time and relating to the regular supply of products (including electricity) or services towards the end of the stipulated period subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous sections:
terminate at any time and not be limited to termination at any particular time or for any particular period;
at least terminate in the same way as they are entered into by him;
always terminate with the same notice period as the entrepreneur has set for himself.
Extension
An agreement entered into for a specific period and relating to the regular supply of products (including electricity) or services may not be automatically extended or renewed for a specific period.
In deviation from the previous paragraph, an agreement that has been entered into for a specific period and which concerns the regular delivery of daily, news and weekly newspapers and periodicals can be automatically extended for a specific period of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement concluded for a specific period and which relates to the regular supply of products or services may only be automatically extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month, and a notice period of no more than three months, if the agreement relates to regular, but less than once a month, delivery of dailies, news magazines, weeklies and periodicals.
An agreement with a limited duration for the regular introduction of dailies, news magazines, weeklies and periodicals (trial or introductory offer) is not automatically extended and ends automatically after the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, after one year the consumer can terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed period.
SECTION 13 - PAYMENT
Unless otherwise agreed, the amounts that the consumer must pay must be spoken within 7 working days after the start of the reflection period as mentioned in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or specified payment information.
In the event of delayed payment by the consumer, the entrepreneur has, unless there are legal restrictions, the right to charge the reasonable costs notified to the consumer in advance.
ARTICLE 14 - COMPLAINT REGULATION
The entrepreneur has a sufficiently published complaint procedure and processes the complaint in accordance with this complaint procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has ascertained the deficiencies, and must be fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires an expected longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual understanding, a dispute arises which is subject to dispute resolution.
ARTICLE 15 - DISPUTES
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
ARTICLE 16 - SUPPLEMENTARY OR OTHER PROVISIONS
Additional provisions or provisions deviating from these general terms and conditions must not be detrimental to the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
MODEL WITHDRAWAL FORM
Contact customer service to begin the return process.
COMPANY STRUCTURE
The offer of movable property on the Website is not sold by the Owner of the Website, but by the Seller. When purchasing movable property, a contract is therefore entered into between the Buyer and the Seller. The website owner is therefore not himself a party to this purchase agreement. The terms and conditions that apply between the Seller and the Buyer are included in this document for convenience. Note: These general terms and conditions apply between buyer and seller and are therefore not enforceable against the Website Holder.
If the seller is based in a country in the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:
- The seller must provide the buyer with information about taxes, payment, delivery and fulfillment of the agreement clearly and in writing.
- The buyer must receive the order within 30 days, unless another period has been agreed with the seller. If the movable object in question is not or is no longer available, the seller must inform the buyer accordingly. Any (dis)payments must be refunded within 30 days, unless the Seller delivers a corresponding movable object.
- The buyer has the right of withdrawal, which means that the buyer can return the purchase for at least fourteen days without giving reasons. Any shipping costs are borne by the Buyer. Any (out)payments must be refunded within 30 days.