General Terms and Conditions
These general terms and conditions (the "Terms") apply to all agreements and services provided by Glixxy. By purchasing products or services from Glixxy, you agree to comply with these Terms. Please read them carefully, as they outline the rights and obligations of both Glixxy and the customer.
These Terms cover important aspects, including but not limited to, liability, complaints, and dispute resolution. By entering into a contractual relationship with Glixxy, you acknowledge that you have understood and accepted these provisions.
Article 1 – GENERAL PROVISIONS
1.1 If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the remaining provisions shall remain fully applicable.
1.2 If there is any uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation shall be made "in the spirit" of these provisions.
1.3 In the event that a situation arises between the parties which is not covered by these general terms and conditions, this situation shall be assessed in the spirit of these general terms and conditions.
1.4 If Glixxy does not always demand strict compliance with these conditions, this does not imply that the provisions are not applicable or that Glixxy has waived the right to demand strict compliance with the provisions in other cases.
1.5 Glixxy explicitly rejects all (purchasing) terms and conditions used by the customer, unless otherwise agreed in writing.
1.6 Glixxy is a business registered in the Netherlands. The company details are as follows:
Business name: Glixxy
Registered name: Glixxy Ltd.
Registered address: Van der Takstraat 8, 3071 LL Rotterdam, The Netherlands
Email address: support@glixxy.nl
Chamber of Commerce number: 97335223
VAT identification number: NL868008187B01
Article 2 – APPLICABILITY
2.1 These general terms and conditions apply to, and form an integral part of, every offer made by Glixxy, as well as all agreements concluded between Glixxy and the purchaser regarding the sale and delivery of products, regardless of whether these are offered via Glixxy’s website.
2.2 By accepting an offer or placing an order via Glixxy’s website, the customer accepts the applicability of these general terms and conditions.
2.3 Prior to the conclusion of a distance contract, the content of these general terms and conditions shall be made available to the customer. If this is not reasonably possible, Glixxy shall indicate before the contract is concluded how the general terms and conditions can be viewed electronically and that they will be sent free of charge upon request.
2.4 Deviations from these general terms and conditions are only valid if expressly agreed in writing between Glixxy and the customer.
Article 3 – OFFERS
3.1 Each product offer includes a description that is as complete and accurate as possible. Obvious mistakes and/or errors in the offer are not binding for Glixxy.
3.2 Glixxy shall structure its offers in such a way that it is clear to the customer what rights and obligations are attached to accepting the offer.
3.3 If an offer has a limited period of validity or is made subject to conditions, this shall be clearly stated in the offer.
Article 4 – FORMATION OF THE AGREEMENT
4.1 An agreement is only concluded after acceptance and written confirmation by Glixxy. Subject to the provisions of paragraph 2, if Glixxy has not confirmed the agreement in writing, the agreement is deemed to have been concluded at the moment Glixxy commences execution of the agreement.
4.2 If the customer has accepted the offer electronically, Glixxy shall promptly confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed by Glixxy, the customer has the right to dissolve the agreement.
4.3 Glixxy reserves the right to refuse any order without providing a reason. The customer shall be informed of this as soon as possible.
Article 5 – PRICES
5.1 During the validity period stated in the offer, the prices of the products offered will not be increased, except for changes in VAT rates.
5.2 All prices and rates stated on the website and in Glixxy's emails are subject to change as well as obvious programming and typographical errors. No rights can be derived from such errors.
5.3 Notwithstanding the previous paragraph, Glixxy may offer products whose prices are subject to fluctuations in the financial market over which Glixxy has no influence, at variable prices. In such cases, the offer will state that prices are subject to fluctuations and that any listed prices are indicative only.
5.4 Price increases that occur more than 3 months after the agreement has been concluded are permitted if and insofar as they result from applicable laws or regulations.
5.5 In the case referred to in paragraph 3, the customer has the right to terminate the agreement as of the date the price increase takes effect.
5.6 The prices of products stated in the offer are inclusive of VAT, unless explicitly stated otherwise.
Article 6 – ORDER AND EXECUTION OF ORDER
6.1 Unless agreed otherwise in writing, Glixxy is obliged to deliver the order within a maximum period of 30 days, starting from the moment the agreement is concluded.
6.2 Glixxy undertakes to accept and execute the order with due care and in accordance with the standards of proper workmanship.
6.3 If Glixxy is unable to deliver within 30 days, it will inform the customer and offer the option to cancel the purchase. Any amount already paid by the customer must be refunded as soon as possible, but no later than within 30 days.
6.4 Delivery of goods takes place at the address provided by the customer, unless agreed otherwise.
6.5 The risk of loss or damage to the goods remains with Glixxy until the moment of delivery at the address provided by the customer, unless expressly agreed otherwise.
6.6 The customer is obliged to immediately inform Glixxy of any inaccuracies in the information provided by them or received from Glixxy.
6.7 Obvious typographical and clerical errors on the website and/or in the confirmation email are not binding on Glixxy and cannot be used as grounds for any claim against Glixxy.
Article 7 – PAYMENT
7.1 Unless otherwise agreed in writing, payment of the amount due by the customer to Glixxy is made via an online payment instruction.
7.2 Glixxy reserves the right to unilaterally amend the applicable payment terms if, in Glixxy’s opinion, the customer’s financial situation, payment behavior, or the nature of the relationship warrants such action.
7.3 All orders must be paid for by the customer using a payment method of their choice. Payment can be made by credit card or iDEAL. If the customer chooses to pay via iDEAL, the full purchase price must be paid in advance.
7.4 If the customer pays by credit card, the following applies: the credit card details provided by the customer will be verified before processing the payment. Delivery will only take place at the address entered during the ordering process, provided it matches the cardholder’s address.
7.5 Glixxy is entitled to suspend the fulfillment of its obligations under the agreement in the event of an attributable failure by the customer to meet their obligations.
7.6 If the customer does not meet their payment obligations on time, and after Glixxy has reminded them and granted a 14-day period to fulfill these obligations, the customer will owe statutory interest on the outstanding amount after this period has lapsed. Glixxy is also entitled to charge extrajudicial collection costs. These costs shall amount to a maximum of:
- 15% of amounts due up to €2,500.00;
- 10% on the next €2,500.00; and
- 5% on the following €5,000.00, with a minimum of €40.00.
Glixxy reserves the right to deviate from these amounts and percentages in favor of the customer.
Article 8 – DELIVERY
8.1 The applicable delivery terms depend on whether the product is delivered by Glixxy or by one of Glixxy’s partners. Whether a product is delivered by Glixxy or a partner is stated in the product description or during the ordering process.
8.2 All goods will be delivered by Glixxy as soon as possible, but no later than 30 days after the conclusion of the agreement. If delivery within this period is not possible, Glixxy must inform the customer without delay.
8.3 Exceeding the delivery time provided by Glixxy, regardless of the cause, never entitles the customer to any compensation or to suspend or fail to fulfill their obligations under the agreement or any related agreement.
8.4 If Glixxy is unable to deliver within the 30-day period, the customer is entitled to terminate the agreement at no additional cost. Any amounts paid will be refunded by Glixxy within 14 days of termination.
8.5 Partial deliveries may only take place after consultation and with the customer's consent.
8.6 If Glixxy is unable to supply the ordered product, it is entitled to offer the customer a substitute product. The customer is not obliged to accept this alternative.
8.7 Standard deliveries within the Netherlands are free of shipping costs, regardless of the total order amount. The total order amount refers to the total value of the ordered products, excluding shipping costs and after any discounts. This free shipping only applies to delivery addresses within the Netherlands and for standard delivery by the carrier chosen by Glixxy.
Article 9 – RETURNS
9.1 In the case of a distance contract, the customer has the right to withdraw from the agreement with Glixxy within a statutory cooling-off period of 14 days, without giving any reason.
9.2 The cooling-off period referred to in paragraph 1 starts on the day after the customer, or a third party designated by the customer (other than the carrier), receives the product. For orders involving multiple products delivered separately, the cooling-off period starts on the day the customer (or designated third party) receives the last product.
9.3 If Glixxy fails to meet its legal obligation to inform the customer about the right of withdrawal, the cooling-off period is twelve months. If Glixxy provides this information within that period, a new 14-day withdrawal period begins from the day the customer receives the information.
9.4 If the customer wishes to exercise their right of withdrawal, they must notify Glixxy using the designated return form or by other unambiguous means.
9.5 Products will be delivered to the delivery address provided by the customer, unless explicitly agreed otherwise.
9.6 The customer must return the product(s), including all accessories, in their original condition and packaging as far as reasonably possible, without delay and no later than 14 days after exercising the right of withdrawal.
9.7 If the returned product has suffered a demonstrable reduction in value, the customer is liable for that depreciation.
9.8 If the customer has terminated the agreement, for which they will receive a confirmation of receipt, Glixxy must refund the amount paid within 14 days after termination. Glixxy has the right to delay the refund until the product has been returned or the customer has demonstrated that it has been returned.
9.9 Glixxy may exclude the following products from the right of withdrawal, but only if this is clearly stated in the offer or communicated in a timely manner before the agreement is concluded:
- Products whose price depends on fluctuations in the financial market beyond Glixxy’s control and which may occur during the withdrawal period;
- Contracts concluded during a public auction;
- Leisure activity contracts that provide for a specific date or period of execution;
- Products made to the customer’s specifications or clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products not suitable for return for health or hygiene reasons if the seal has been broken after delivery;
- Products that, due to their nature, are irrevocably mixed with other products after delivery;
- Sealed audio, video recordings, or computer software where the seal has been broken after delivery;
- Newspapers, magazines, or journals, except subscriptions;
- Delivery of digital content not supplied on a tangible medium, only if:
a. Execution has begun with the customer’s prior express consent; and
b. The customer has acknowledged that they lose their right of withdrawal.
9.10 If a product includes batteries and the customer wishes to return the product, the following must be observed. Batteries containing harmful substances are marked with a symbol and one of the following chemical abbreviations: Cd (cadmium), Hg (mercury), or Pb (lead). Lithium batteries and battery packs of any system may only be returned in a discharged state. If complete discharge is not possible, battery terminals must be insulated with tape prior to return.
Article 10 – REGISTRATION AND PERSONAL DATA
10.1 Glixxy processes personal data solely in accordance with applicable data protection laws and regulations.
10.2 Customers may register on Glixxy’s website(s) using a username and email address. After registration, customers can access their account via the "My Account" feature using a password of their choice.
10.3 The customer must keep their registration and login details, including the password, strictly confidential. Glixxy accepts no liability for unauthorized use of such data. All actions performed using the customer's account are deemed to be performed by the customer and are therefore entirely at their own risk and expense.
Article 11 – LIABILITY
11.1 If Glixxy is found liable, such liability is limited to what is stipulated in this provision.
11.2 Glixxy is not liable for any damage arising from the failure to perform, late performance, or improper performance of an order or delivery, unless the customer proves that such failure is due to intent or gross negligence on the part of Glixxy.
11.3 Glixxy is not liable for any damage of any kind caused by relying on incorrect and/or incomplete information provided by or on behalf of the customer.
11.4 When engaging third parties, Glixxy will observe due care. However, Glixxy accepts no liability for shortcomings or errors of such third parties.
11.5 The limitations of liability described in these terms also apply if Glixxy is liable for errors or shortcomings of third parties engaged by Glixxy, as well as for the improper functioning of the webshop, equipment, software, data files, or other items used in the execution of the agreement — without exception.
11.6 To the extent Glixxy is insured for liability, its obligation to compensate damage is limited to the amount paid out by its insurer in the specific case. If, for any reason, no payment is made under the insurance policy, Glixxy’s liability is limited to the net (partial) invoice value of the delivery, with a maximum of €750.00 (seven hundred fifty euros).
11.7 Glixxy is never liable for indirect damages, including consequential damages and lost savings.
11.8 Glixxy is never liable for any defect in a product delivered by Glixxy if that defect originates from a failure in a product delivered to Glixxy by a third party, or delivered directly to the customer by a third party.
11.9 The customer is obligated to inspect upon delivery whether the delivered products conform to the agreement. If not, the customer must notify Glixxy in writing, providing reasons, without delay and no later than 14 days after delivery or after the defect could reasonably have been discovered. Failure to do so in a timely and proper manner will void any claim.
11.10 Glixxy's liability for damage caused by actions, omissions, or errors of individuals not employed by Glixxy, but whose services are used in the execution of the agreement, is limited according to the provisions of this article. These third parties are entitled to invoke the same limitations and exclusions of liability agreed upon by Glixxy.
11.11 Glixxy accepts no liability for any damage arising from the use of the website, the incompleteness and/or inaccuracy of information provided on the website, or from the website being temporarily unavailable.
11.12 Glixxy does not guarantee the timely receipt or processing of emails or other electronic messages sent by the customer. Glixxy accepts no liability for any consequences of messages not being received or processed in time.
Article 12 – FORCE MAJEURE
12.1 If Glixxy is hindered or significantly impeded in fulfilling any obligation under the agreement due to circumstances beyond its control, Glixxy is entitled to suspend its obligations or cancel the agreement in whole or in part, without the customer having any right to compensation. If the force majeure situation lasts longer than 3 months, both the customer and Glixxy have the right to terminate the agreement in writing without either party being liable for damages.
Article 13 – USE OF WEBSITE
13.1 All intellectual property rights, including but not limited to copyrights, trademark rights, and database rights, relating to the information, texts, images, logos, photos, and illustrations on the website, as well as the layout and design of the website, are owned by Glixxy and/or its licensors. Customers and users of the website acknowledge these rights and agree not to infringe upon them, including by making copies of the website, except for technical copies necessary for use of the website (such as loading and displaying the content).
13.2 The information on the website is compiled and maintained by Glixxy with the greatest possible care. Nevertheless, errors, omissions, or outdated data may occur. Glixxy cannot guarantee that the information on the website is always fully accurate, complete, or up to date, and no rights can be derived from the information published on the website.
Article 14 – COMPLAINTS AND DISPUTES
14.1 If the customer has a complaint regarding one or more products delivered by Glixxy, they may submit the complaint by phone, email, or postal mail.
14.2 Complaints regarding defects in delivered products expire no later than two years after the date of delivery.
14.3 If a complaint regarding a defect is found to be justified, the return shipping costs will be borne by Glixxy.
14.4 Product images on the website may differ from the actual delivered products. In particular, design or packaging changes may occur due to manufacturer updates. The customer cannot claim defects regarding such non-essential changes.
14.5 Glixxy will process a submitted complaint as soon as possible, but no later than 14 days after receipt of the complaint. To resolve the complaint, a maximum period of 30 days will be observed, unless circumstances prevent this. The 30-day period starts on the date Glixxy receives the complaint.
14.6 If no resolution is reached within the 30-day period, the customer may submit the complaint to the Dispute Committee via the European ODR platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
14.7 You may also reach us via email at support@glixxy.nl.
Article 15 – DUTCH TEXT PREVAILS
15.1 The Dutch version of these terms and conditions shall prevail over any translations thereof.
Article 16 – APPLICABLE LAW AND COMPETENT COURT
16.1 All legal relationships involving Glixxy are exclusively governed by Dutch law, even if the party involved resides outside the Netherlands.
16.2 In the case of disputes, the competent court in the customer’s place of residence shall have exclusive jurisdiction, unless otherwise prescribed by law or agreed upon by the parties.
16.3 The applicability of the Vienna Convention on the International Sale of Goods (CISG) is excluded.
16.4 The parties will only appeal to the court after they have made every effort to resolve the dispute through mutual consultation.
Article 17 – LOCATION AND AMENDMENT OF TERMS AND CONDITIONS
17.1 These terms and conditions have been filed with the Chamber of Commerce in Rotterdam.
17.2 The latest version filed, or the version that was in force at the time the legal relationship with the customer was established, shall always apply.
