Terms of service

1. DEFINITIONS

Agreement an agreement concluded between Seller and Consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the Agreement, sole or joint use is made of one or more techniques for distance communication;
Annex an annex to these Terms and Conditions of Online Sales;
Article an article in these Terms and Conditions of Online Sales;
Consumer the natural person not acting for purposes related to his trade, business, craft or profession;
Continuing Performance Contract an Agreement for the regular supply of goods, services and/or digital content during a certain period of time;
Day a calendar day;
Durable Data Carrier any device – including email – that enables Consumer or Seller to store information addressed to it personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Model Withdrawal Form the European model withdrawal form set out in Annex I. Annex I need not be made available if Consumer does not have a Right of Withdrawal in respect of his order;
Terms and Conditions of Online Sales these Terms and Conditions of Online Sales of Seller;
Reflection Period the period within which Consumer may exercise its Right of Withdrawal, as defined in Article 5.1;
Right of Withdrawal the right of a Consumer to waive the Agreement within the Withdrawal Period (as defined in Articles 6 and 8);
Seller G. Felleg B.V., having its registered office and place of business in Amsterdam, Kraijenhoffstraat 137A, 1018RG Amsterdam, Netherlands

 

2. IDENTITY OF SELLER

G. Felleg B.V.

Kraijenhoffstraat 137A,  1018RG Amsterdam, Netherlands
Telephone number: +31 684 579017
Email address: info@fleirs.com
Chamber of Commerce number: 87502275
VAT number: NL864312404B01

3. APPLICABILITY

  1. These Terms and Conditions of Online Sales apply to every offer made by the Seller via the Seller's website (fleirs.com, www.fleirs.eu, www.fleirs.hu, www.fleirs.nl) and to every Agreement subsequently concluded between you and the Seller. By placing an order via the Seller's website, you indicate that you agree to the applicability and content of the Terms and Conditions of Online Sales.
  2. The Terms and Conditions of Online Sales are freely accessible to everyone and can be viewed, downloaded and printed via fleirs.hu www.fleirs.com, www.fleirs.eu, www.fleirs.nl.
  3. Before Agreement, as defined in Article 5, is concluded, the Terms and Conditions of Online Sales shall be made available to Consumer. If this is not reasonably possible, the Seller shall, before the Agreement is concluded, indicate in what way the Terms and Conditions of Online Sales can be inspected at the Seller's premises and that, at the Consumer's request, they will be sent free of charge as soon as possible.

4. THE OFFER

  1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered and the total price including all taxes of the product, service or digital content. The description is sufficiently detailed to allow a proper assessment of the offer by Consumer. If Seller uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on Seller.
  3. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer.

5. THE AGREEMENT

  1. Subject to the provisions of paragraph 4, the Agreement is concluded at the moment of acceptance by the Consumer of the offer and the fulfilment of the conditions thereby stipulated.
  2. If the Consumer has accepted the offer electronically, the Seller immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Seller, Consumer may dissolve the Agreement.
  3. If the Agreement is concluded electronically, Seller will take appropriate technical and organisational measures to protect the electronic transfer of data and will ensure a secure web environment. If Consumer can pay electronically, Seller will observe appropriate security measures.
  4. Seller may within legal frameworks investigate whether Consumer can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the Agreement. If Seller has good grounds on the basis of this investigation not to enter into the Agreement, Seller shall be entitled to refuse an order or application or to attach special conditions to the execution, while stating its reasons.
  5. Seller shall, no later than on delivery of the product to Consumer, send the following information, in writing or in such a way that it can be stored by Consumer in an accessible manner on a Durable Data Carrier:
    1. the email address of Seller to which Consumer can address complaints;
    2. the conditions under which and the way in which the Consumer may exercise the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;
    3. the information on guarantees and existing after-sales services;
    4. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the Agreement;
    5. the requirements for termination of the Agreement if the Agreement has a duration of more than one year or is of indefinite duration;
    6. if Consumer has a Right of Withdrawal, the Model Withdrawal Form.
  6. In the case of a Continuing Performance Contract, the provision in the previous paragraph only applies to the first delivery.

6. RIGHT OF WITHDRAWAL

  1. Consumer may dissolve the Agreement regarding the purchase of a product during the Reflection Period of 14 days without giving reasons. Seller may ask Consumer about the reason for withdrawal, but may not oblige Consumer to give its reason(s).
  2. The Reflection Period mentioned in paragraph 1 starts on the day after Consumer, or a third party designated in advance by Consumer, who is not the carrier, has received the product, or:
    1. if Consumer ordered several products in the same order: the day on which Consumer, or a third party designated by him, received the last product. Seller may, provided it has clearly informed Consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times;
    2. if the delivery of a product consists of several shipments or parts: the day on which Consumer, or a third party designated by it, has received the last shipment or part
    3. in the case of Agreements for regular delivery of products during a certain period: the day on which Consumer, or a third party designated by him, received the first product at the start of this period.

7. OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD

  1. During the Reflection Period, Consumer shall treat the product and its packaging with care. Packaged products that are not suitable to be returned for reasons of health protection or hygiene and whose packaging has been opened after delivery are excluded from the Right of Withdrawal.
  2. Consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond that permitted in paragraph 1.
  3. Consumer is not liable for diminished value of the product if Seller did not provide him with all legally required information on the Right of Withdrawal before or at the conclusion of the Agreement.

8. EXERCISE OF THE RIGHT OF WITHDRAWAL

  1. Consumer may only exercise the Right of Withdrawal within 14 days, by completing and sending to Seller the Model Withdrawal Form. Transmission can be made both by post and by email using the email address as shown in the Model Form.
  2. Consumer can only use the Right of Withdrawal and return the product if the following conditions are met:
    1. Consumer informs us in time (within the Withdrawal Period) in writing that he dissolves the Agreement by completing the Model Form and sending it to Seller;
    2. the product is undamaged and is in the original unopened packaging. Packaged products that are not suitable to be returned for reasons of health protection or hygiene and whose packaging has been broken after delivery are excluded from the Right of Withdrawal;
    3. the product is unused;
    4. it is not a product manufactured according to Consumer's specifications, which is not prefabricated and which is manufactured on the basis of an individual choice or decision of Consumer. In respect of such custom-made products, Seller excludes the Right of Withdrawal. Consumer similarly declares that it loses its Right of Withdrawal in such a case.
  3. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, Consumer shall return the product, or hand it over to (an authorised representative of) Seller. The foregoing does not apply if the Seller has offered to collect the product itself. Consumer has in any case complied with the return period if he returns the product before the Reflection Period has expired.
  4. Consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Seller.
  5. The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with Consumer.
  6. Consumer shall bear the direct costs of returning the product.
  7. If Consumer exercises his Right of Withdrawal, all additional Agreements shall be terminated automatically.

9. OBLIGATIONS OF SELLER IN CASE OF WITHDRAWAL

  1. If Seller enables the notification of withdrawal by Consumer by electronic means, it will send a confirmation of receipt without delay after receiving this notification.
  2. Seller reimburses all payments of Consumer, including any delivery costs charged by Seller for the returned product, without delay but within 14 days following the day on which Consumer notifies him of the withdrawal.
  3. Seller will use the same means of payment that Consumer has used for repayment, unless Consumer agrees to another method. The refund is free of charge for Consumer.
  4. If Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Seller does not have to refund the additional costs for the more expensive method.

10. THE PRICE

  1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, Seller may offer products or services whose prices are linked to fluctuations in the financial market and on which Seller has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be stated with the offer.
  3. Price increases within 3 months of the conclusion of the Agreement shall only be permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the Agreement are only permitted if Seller has stipulated them and:
    1. they are the result of statutory regulations or provisions; or
    2. Consumer has the authority to terminate the Agreement with effect from the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

11. PERFORMANCE OF THE AGREEMENT AND GUARANTEE

  1. The Seller guarantees that the products and/or services comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the Agreement was concluded. If agreed, Seller also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by Seller, its supplier, manufacturer or importer shall never limit the legal rights and claims that Consumer may assert against Seller under the Agreement if Seller has failed to fulfil its part of the Agreement.
  3. Guarantee means any undertaking by Seller, its supplier, importer or manufacturer in which it grants Consumer certain rights or claims beyond what it is legally obliged to do in the event that it has failed to perform its part of the Agreement.

12. DELIVERY AND PERFORMANCE

  1. Seller will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services.
  2. The place of delivery is the address that Consumer has made known to Seller.
  3. Subject to what is stated in this regard in Article 4 of these Terms and Conditions of Online Sales, the Seller will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed in writing. If delivery is delayed, or if an order cannot or can only be partially carried out, the Consumer will be informed about this at the latest 30 days after the order was placed.
  4. The risk of damage and/or loss of products rests with Seller until the moment of delivery to Consumer or a representative designated in advance and made known to Seller, unless expressly agreed otherwise in writing.

13. LONG-TERM CONTRACTS: TERMINATION AND EXTENSION

  1. The Consumer may terminate an Agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of products at any time, subject to agreed termination rules and a maximum notice period of one month.
  2. Consumers may terminate an Agreement that has been entered into for a definite period and that extends to the regular delivery of products at any time towards the end of the definite period with due observance of the applicable termination rules and a notice period of no more than one month.
  3. Consumer may terminate the Agreements mentioned in the previous paragraphs:
    1. terminate at any time and not be limited to termination at a specific time or in a specific period;
    2. terminate at least in the same manner as they were entered into by him;
    3. always cancel with the same notice period as the Seller has stipulated for itself.
  4. An Agreement that has been entered into for a definite period and that extends to the regular delivery of products may not be tacitly extended or renewed for a definite period.
  5. An Agreement that has been entered into for a definite period and that extends to the regular delivery of products may only be tacitly renewed for an indefinite period if Consumer may terminate it at any time with a notice period not exceeding one month.
  6. If an Agreement has a duration of more than one year, after one year Consumer may terminate the Agreement at any time with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

14. PAYMENT

  1. After the conclusion of the Agreement, Consumer receives an order confirmation requesting payment of the amount due. Unless otherwise provided in the Agreement or additional terms and conditions, the amount owed by Consumer must be paid within 14 days after the conclusion of the Agreement.
  2. Consumer can choose to pay by Visa, MasterCrad, American Express, Maestro, UnionPay, iDeal, Sofort, Shop Pay, Apple Pay, or Google Pay.
  3. Consumer has the duty to immediately report inaccuracies in payment details provided or mentioned by Seller.
  4. If Consumer does not timely meet its payment obligation(s), it shall, after being notified by Seller of the late payment, owe statutory interest on the amount due after the failure to pay within this 14-day period, and Seller shall be entitled to charge the extrajudicial collection costs incurred by it. 

15. COMPLAINTS MECHANISM

  1. Seller shall have a sufficiently published complaints procedure and shall handle the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the Agreement must be submitted to the Seller by email to complaints@fleirs.com within a reasonable time after the Consumer has discovered the defects, clearly described and provided with photos.
  3. Complaints submitted to Seller shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Seller will respond within the 14-day period with a notice of receipt and an indication of when the Consumer can expect a more detailed answer.
  4. In any event, Consumer shall give Seller 4 weeks to resolve the complaint by mutual agreement.

16. DISPUTES

  1. Agreements between Seller and Consumer to which these Terms and Conditions of Online Sales relate are exclusively governed by Dutch law.
  2. Disputes between Consumer and Seller about the conclusion or execution of Agreements regarding products and services to be delivered or supplied by Seller, may, with due observance of the provisions below, be brought before the competent court by both Consumer and Seller.

17. ADDITIONAL OR DIFFERENT PROVISIONS

  1. Additional provisions or provisions deviating from these Terms and Conditions of Online Sales may not be to the detriment of 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.

Amendments to these Terms and Conditions of Online Sales are only effective after they have been published in an appropriate manner, on the understanding that, in case of applicable amendments during the term of an offer, the provision most favourable to Consumer shall prevail.

18. ADDITIONAL OR DIFFERENT PROVISIONS

Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the Agreement)

  1. To:
  2. Felleg B.V. 

Kraijenhoffstraat 137A, 1018RG Amsterdam, Netherlands

!!! Package or product return address:

1026 Budapest, Orló utca 18. fszt. 3. Hungary!!!

info@fleirs.com

I/We* hereby give notice to you that I/We* withdraw our Agreement concerning the sale of the following products: [product designation]* the supply of the following digital content: [digital content designation]* the provision of the following service: [Service designation]*

  1. Ordered on*/received on* [date of order in the case of services or receipt in the case of products].
  2. [Name of Consumer(s)]
  3. [Consumer(s) address]
  4. [Signature of Consumer(s)] (only if this form is submitted on paper)

*Take out what does not apply or fill in what is applicable.

 Download withdrawal form

Download Terms and Conditions