NEFLYX

Terms & Conditions

1. Definitions

In these terms and conditions, the following definitions apply:

  1. Withdrawal period: the period within which the consumer can exercise their right of withdrawal;
  2. Day: calendar day;
  3. Right of withdrawal: the option for the consumer to cancel the distance contract within the withdrawal period;
  4. Trader: the natural or legal person offering products to customers at a distance;
  5. Customer: the natural person who is not acting for purposes related to their trade, business, craft or profession.

2. Identity

Company name: NEFLYX B.V.
Registered address:
Middelweg 2a
5253 CA Nieuwkuijk
The Netherlands

This is also the address to which we receive return shipments.

Contact: www.neflyx.nl/contact
Email: info@neflyx.nl
Chamber of Commerce (KvK) number: 81160445
VAT identification number: NL861961432B01

3. Applicability

  1. These general terms and conditions apply to every offer made by the company (Neflyx) and to every distance contract concluded between the customer and the trader.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the customer.

4. The offer

  1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the customer to properly assess the offer. If the trader uses images, these 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 the trader.
  3. Every offer contains such information that it is clear to the customer what rights and obligations are attached to accepting the offer.

5. The contract

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the customer accepts the offer and meets the corresponding conditions.
  2. If the customer has accepted the offer electronically, the trader confirms receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the customer may dissolve the contract.
  3. If the contract is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the customer can pay electronically, the trader observes appropriate security measures.

6. Right of withdrawal

  1. The customer may dissolve a contract relating to the purchase of a product during a withdrawal period of 14 days without giving reasons. The trader may ask the customer for the reason for withdrawal, but may not oblige them to state their reason(s).
  2. The withdrawal period referred to in paragraph 1 starts on the day after the customer, or a third party designated in advance by the customer who is not the carrier, has received the product, or:
    a. if the customer ordered several products in the same order: the day on which the customer, or a third party designated by them, received the last product. The trader may, provided they clearly informed the customer of this prior to the ordering process, refuse an order for several products with different delivery times.
    b. if the delivery of a product consists of several shipments or parts: the day on which the customer, or a third party designated by them, received the last shipment or the last part.

7. Obligations during the withdrawal period

  1. During the withdrawal period, the customer will handle the product and its packaging with care. The customer will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the customer may only handle and inspect the product as they would be allowed to do in a shop.
  2. The customer is only liable for any decrease in the value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
  3. The customer is not liable for any decrease in the value of the product if the trader did not provide them with all legally required information about the right of withdrawal before or upon concluding the contract.

8. Exercising the right of withdrawal

  1. If the customer exercises their right of withdrawal, they notify the trader within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within the period set out in Article 6, from the day following the notification referred to in paragraph 1, the customer returns the product or hands it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product themselves. The customer has in any case observed the return period if they return the product before the withdrawal period has expired.
  3. The customer returns the product with all accessories supplied, where reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the customer.
  5. The customer bears the direct costs of returning the product. If the trader indicates that they will bear the costs themselves, the customer does not have to bear the return costs.

9. Obligations of NEFLYX in the event of withdrawal

  1. The trader reimburses all payments made by the customer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the customer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, they may withhold reimbursement until they have received the product or until the customer demonstrates that they have returned the product, whichever comes first.
  2. The trader uses the same means of payment that the customer used for the reimbursement, unless the customer agrees to a different method. The reimbursement is free of charge for the customer.

10. Price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes resulting from changes in VAT rates.
  2. The prices stated in the offer of products or services include VAT.

11. Warranty

  1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
  2. Any additional warranty provided by the trader, their supplier, manufacturer or importer never limits the statutory rights and claims that the customer may assert against the trader under the contract if the trader has failed to fulfil their part of the contract.
  3. An additional warranty means any commitment by the trader, their supplier, importer or producer in which they grant the customer certain rights or claims that go beyond what they are legally required to provide in the event that they have failed to fulfil their part of the contract.

12. Delivery & execution

  1. The trader will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the customer has made known to the trader.
  3. With due observance of what is stated in Article 4 of these general terms and conditions, the trader will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed, or can only be executed in part, the customer will be notified of this no later than 30 days after placing the order. In that case, the customer has the right to dissolve the contract free of charge and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the customer without delay.
  5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the customer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

13. Payment

  1. Unless otherwise provided in the contract or in additional conditions, the amounts owed by the customer must be paid within 14 days after the start of the withdrawal period or, in the absence of a withdrawal period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period starts on the day after the customer received the confirmation of the contract.
  2. The customer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
  3. If the consumer does not meet their payment obligation(s) in time — after the trader has notified them of the late payment and has granted the consumer a period of 14 days to still meet their payment obligations, and payment has not been made within this 14-day period — the consumer owes statutory interest on the amount still due, and the trader is entitled to charge the extrajudicial collection costs they have incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The trader may deviate from the stated amounts and percentages in favour of the consumer.