Terms and Conditions
Foreword
The CheapFixIT Online Store operates according to the principles specified in these Terms and Conditions. The Terms and Conditions specify the rules regarding the conclusion and termination of Sales Agreements for Products and the complaint process. In addition, they define the types and scope of services provided by the Online Store, the methods of their provision, and the conditions under which agreements for the use of electronic services are concluded. By taking any actions to use the Electronic Services offered by the CheapFixIT Store, each Customer agrees to comply with the provisions of the applicable Terms and Conditions. In cases not regulated by these Terms and Conditions, legal regulations will apply.
Table of Contents
- Article 1 - Definitions
- Article 2 - Identity of the entrepreneur
- Article 3 - Applicability
- Article 4 - Offer
- Article 5 - Agreement
- Article 6 - Right of withdrawal
- Article 7 - Consumer obligations during the withdrawal period
- Article 8 - Exercise of the right of withdrawal by the consumer and related costs
- Article 9 - Entrepreneur's obligations in case of withdrawal
- Article 10 - Exclusion of the right of withdrawal
- Article 11 - Price
- Article 12 - Contract performance and additional warranty
- Article 13 - Delivery and execution
- Article 14 - Continuing transactions: duration, termination, and extension
- Article 15 - Payment
- Article 16 - Complaint procedure
- Article 17 - Disputes
- Article 18 - Additional or deviating provisions
- Article 19 - Payment methods
- Article 20 - Privacy Policy and Cookies
Article 1 - Definitions
- Supplementary agreement: an agreement under which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these products, digital content, and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur.
- Withdrawal period: the period during which the consumer can exercise the right of withdrawal from the contract.
- Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession.
- Day: a calendar day.
- Digital content: data produced and supplied in digital form.
- Continuing agreement: an agreement that includes the regular delivery of products, services, and/or digital content for a certain period.
- Durable medium: any device that allows the consumer or entrepreneur to store information directed personally to them in a way that makes it possible to consult it in the future for a period appropriate to the purpose for which the information is intended and allows the unaltered reproduction of the stored information.
- Right of withdrawal: the consumer's possibility to withdraw from the distance contract within the withdrawal period.
- Entrepreneur: a natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance.
- Distance contract: a contract concluded between the entrepreneur and the consumer under an organized system for the distance sale of products, digital content, and/or services, using only or partially one or more means of distance communication up to the moment of concluding the contract, inclusive.
- Means of distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same place.
Article 2 - Identity of the entrepreneur
Cheapfixit,
Wartkes Gazaryan
Phone: 0183515459
KVK Number: 64716295
VAT Identification Number: NL002419715B11
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before concluding a distance contract, the text of these general terms and conditions will be provided to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's premises before concluding the distance contract and that they will be sent free of charge to the consumer upon request.
- If the distance contract is concluded electronically, the text of these general terms and conditions can be provided to the consumer electronically before the distance contract is concluded in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated 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.
- If specific product or service conditions apply in addition to these general terms and conditions, the second and third points apply accordingly, and the consumer can always rely on the most favorable provision in case of conflicting conditions.
Article 4 - Offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are indicative of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer are not binding on the entrepreneur, and there is an option to withdraw from the purchase agreement.
- Every offer contains such information that the consumer is aware of the rights and obligations associated with accepting the offer.
Article 5 - Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the specified conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed, the consumer can terminate the agreement without giving reasons.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can, within legal frameworks, check whether the consumer can fulfill their payment obligations, as well as all facts and factors relevant to responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
- The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium at the latest upon delivery of the product, service, or digital content:
- the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
- the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on guarantees and existing after-sales service;
- 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 execution of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of an ongoing transaction, the provision in the previous point only applies to the first delivery.
Article 6 - Right of withdrawal
In the case of products:
- The consumer can withdraw from a contract concerning the purchase of a product during a withdrawal period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
- The withdrawal period referred to in paragraph 1 starts the day after the consumer or a third party designated by the consumer, who is not the carrier, receives the product, or:
- if the consumer has ordered several products in one order: the day on which the consumer or a third party designated by them receives the last product. The entrepreneur may, provided they have clearly informed the consumer prior to the ordering process, refuse an order for several products with different delivery times;
- if the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party designated by them receives the last shipment or the last part;
- in the case of agreements for regular delivery of products over a specified period: the day on which the consumer or a third party designated by them receives the first product.
In the case of services and digital content not delivered on a material medium:
- The consumer can withdraw from a service agreement and an agreement for the supply of digital content not delivered on a material medium within at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
- The withdrawal period referred to in paragraph 3 starts the day after the agreement is concluded.
Extended withdrawal period for products, services, and digital content not delivered on a material medium if there is no information about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period ends twelve months after the end of the original withdrawal period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months from the date of commencement of the original withdrawal period, the withdrawal period ends 14 days after the day the consumer received that information.
Article 7 - Consumer obligations during the withdrawal period
- During the withdrawal period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The starting point is that the consumer may handle and inspect the product only as they would be allowed to do in a shop.
- The consumer is only liable for the reduction in value of the product resulting from handling the product in a manner that goes beyond what is allowed in paragraph 1.
- The consumer is not liable for the reduction in value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and related costs
- If the consumer exercises their right of withdrawal, they report this within the withdrawal period using the model withdrawal form or in another unambiguous way to the entrepreneur.
- The consumer promptly, but within 14 days from the day following the notification referred to in paragraph 1, returns the product or hands it over to the entrepreneur (or a representative of the entrepreneur). This is not required if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period if they return the product before the withdrawal period has expired.
- The consumer returns the product with all delivered accessories, as far as reasonably possible, in its original condition and packaging, and in accordance with reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of returning.
- If the consumer withdraws after having explicitly requested that the service should begin during the withdrawal period, the consumer owes the entrepreneur an amount proportional to the part of the obligation that has been fulfilled by the time of withdrawal compared to the full performance of the obligation.
- The consumer does not bear any costs for the execution of services or the supply of water, gas, or electricity that are not ready for sale in a limited volume or quantity, or the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form; or
- the consumer has not explicitly requested the start of the service or supply of gas, water, electricity, or district heating during the withdrawal period.
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a material medium if:
- they have not explicitly agreed to begin the performance of the agreement before the end of the withdrawal period;
- they have not acknowledged losing their right of withdrawal upon granting consent; or
- the entrepreneur has not confirmed this statement by the consumer.
- If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.
Article 9 - Entrepreneur's obligations in case of withdrawal
- If the entrepreneur enables the notification of withdrawal by electronic means, they will immediately send a confirmation of receipt upon receiving this notification.
- The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within 14 days following the day on which the consumer notified them of the withdrawal. Unless the entrepreneur offers to collect the product, they may wait to refund until they have received the product or until the consumer proves they have returned the product, whichever occurs first.
- The entrepreneur uses the same payment method that the consumer used unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control and that may occur within the withdrawal period;
- Agreements concluded at a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
- Service agreements, after full performance of the service, but only if:
- the performance has begun with the consumer's explicit prior consent;
- the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement.
- Agreements for leisure activities, if the agreement provides for a specific date or period of performance;
- Products made to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
- Sealed audio, video recordings, and computer software whose seal has been broken after delivery;
- Newspapers, periodicals, or magazines, except for subscriptions to them;
- The supply of digital content other than on a tangible medium, but only if:
- the performance has begun with the consumer's explicit prior consent;
- the consumer has declared that they lose their right of withdrawal once the entrepreneur has started the performance of the agreement.
Article 11 - Price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This dependence on fluctuations and the fact that the stated prices are indicative will be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this:
- they result from legal regulations or provisions;
- the consumer has the right to terminate the agreement as of the day the price increase takes effect.
- The prices of products or services mentioned in the offer are inclusive of VAT.
Article 12 - Contract performance and additional warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
- An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur under the agreement if the entrepreneur has not fulfilled their part of the agreement.
- An additional warranty means any commitment by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have not fulfilled their part of the agreement.
Article 13 - Delivery and execution
- The entrepreneur will take the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
- The place of delivery is the address that the consumer has provided to the entrepreneur.
- Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without cost and the right to possible compensation.
- After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative, unless explicitly agreed otherwise.
Article 14 - Continuing transactions: duration, termination, and extension
Termination:
- The consumer can terminate an agreement concluded for an indefinite period that includes the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer can terminate an agreement concluded for a definite period that includes the regular delivery of products (including electricity) or services at the end of the fixed term, 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 points:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least terminate in the same way as they were concluded;
- always terminate with the same notice period that the entrepreneur has stipulated for themselves.
Extension:
- An agreement concluded for a definite period that includes the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
- Contrary to the previous paragraph, an agreement concluded for a definite period that includes the regular delivery of daily or weekly newspapers and magazines may be automatically extended for a fixed period of up to three months if the consumer can terminate this extended agreement before the end of the extension with a notice period of no more than one month.
- An agreement concluded for a definite period that includes the regular delivery of products or services may be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the case of agreements that include the regular but less than monthly delivery of daily or weekly newspapers and magazines.
- An agreement concluded for a definite period for the regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) is not automatically extended and ends automatically after the trial or introductory period.
Duration:
- If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed period.
Article 15 - Payment
- Unless otherwise agreed in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the withdrawal period, or if there is no withdrawal period within 14 days after the conclusion of the agreement. In the case of a service agreement, this period starts the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer can never be obliged to make an advance payment of more than 50%. If advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the order or service(s) before the agreed advance payment has been made.
- The consumer has the duty to report any inaccuracies in provided or stated payment data to the entrepreneur without delay.
- If the consumer does not fulfill their payment obligations in time, after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to fulfill their payment obligations, after the failure to pay within this 14-day period, the consumer is liable to pay statutory interest on the amount due, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.
Article 16 - Complaint procedure
- The entrepreneur has a sufficiently publicized complaint procedure and handles complaints 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 discovered the defects, 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 a predictably 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.
- The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Article 18 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions must not disadvantage 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 medium.
Article 19 - Payment methods
- The store offers various payment methods: traditional bank transfer to a specified account number and payment via the Mollie Payment platform.
- When using the Mollie Payment platform, user data is transmitted to Mollie for confirmation and payment processing.
- Mollie is a financial infrastructure platform for businesses. The company is headquartered in Amsterdam. Address: Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands.
Article 20 - Privacy Policy and Cookies
Data Controller:
The data controller is CHIPFIXIT Wartkes Gazaryan, located at Hoogstraat 84, 4251 CN Werkendam, Netherlands, with KVK number: 64716295 and VAT number NL002419715B11.
Personal data protection:
This section describes the principles of personal data protection collected by the online store operating on this platform, in accordance with the AVG regulations. Our company prioritizes the security of our customers' personal data and ensures their privacy.
Purpose of data collection and processing:
Personal data such as name, email address, home address, or phone number are collected to process orders, provide order information, offer technical support, and for marketing purposes, provided the user has given consent. While using the online store, information about user behavior on the site, such as viewed products or shopping preferences, may be collected to improve the shopping experience and personalize the offer.
Processing of personal data:
Personal data necessary for order fulfillment is shared with companies providing delivery services and payment systems. In the case of our store, this data is shared with the courier company responsible for order delivery and the company Stripe, which handles online payments. Transmitting data to these entities is necessary for the proper execution of services and order fulfillment.
User rights regarding personal data:
Users have the right to access their personal data, the ability to correct, delete, restrict processing, transfer data, and object to the processing of data for specific purposes. They can also withdraw consent to the processing of personal data for marketing or other types of communication at any time.
Data security:
The www.cheapfixit.nl store ensures a secure connection encrypted with SSL. In the event of a data breach by unauthorized persons, users will be automatically notified by the system. Personal data is stored in the cloud on servers provided by home.pl.
Access, correction, and deletion of personal data:
Users can exercise their right to access, correct, and delete personal data by visiting www.cheapfixit.nl/index.php?route=account/account after logging in or by contacting us directly via the contact form available on the website. In the event of a request to delete personal data, we will endeavor to fulfill such a request unless there is a legal obligation to retain the data or to fulfill the agreement. Users also have the right to receive a copy of their personal data in a comprehensible and transferable format to another system, which can be obtained by selecting the appropriate option.
Managing personal data:
The page www.cheapfixit.nl/index.php?route=account/account is the main place where users can manage their personal data, deleting it or downloading a copy of the data. We encourage you to visit this page to exercise your rights regarding personal data. Any questions or requests related to personal data and related to AVG can be directed to the address provided on the page www.cheapfixit.nl/index.php?route=account/account.
Tracking customer activity:
As part of the functionality of the online store, we track online customer activity and record their searches. These activities aim to analyze customer behavior to improve the shopping experience and personalize the offer. The data collected as part of this process is used internally only and is not shared with third parties without the user's explicit consent. If you have concerns or questions about this process, we encourage you to contact us through the form available on the website.
Google Analytics:
Data regarding user behavior on our site is also processed by Google as part of the use of the "Google Analytics" plugin. Google Analytics allows us to analyze website traffic, including information about viewed products, time spent on the site, or user paths. Thanks to this tool, we can better understand our customers' needs and tailor our offer to their preferences. We use the IP anonymization feature in Google Analytics, which means that no identifying data is transmitted to Google.
Additional Information:
The administrator undertakes to make every effort to ensure the proper security of the client's personal data. You have the right to file a complaint with the supervisory authority responsible for personal data protection – the Autoriteit Persoonsgegevens (AP) in the Netherlands. Personal data is stored for the period necessary to achieve the purposes for which it was collected, unless applicable law requires a longer retention period. After this period, the data will be deleted or anonymized.
Consent to the processing of personal data is given explicitly and voluntarily by checking the appropriate box on the website. The user can withdraw consent to the processing of data at any time by contacting us using the contact details provided.
Cookies:
Cookies are small text files stored by the web browser on the user's device while browsing websites. Their functions include remembering user preferences, storing session login information, tracking behavior on the site, customizing content, and analyzing site traffic.
Essence of Cookies:
Cookies perform several essential functions, including:
- Remembering user preferences, such as language or currency.
- Facilitating site navigation by remembering previous user actions.
- Tracking user behavior on the site for analytical purposes, such as traffic analysis or the effectiveness of marketing campaigns.
Managing cookies through the browser:
The user can manage cookies through their browser, including accepting or rejecting cookies and deleting them from the device at any time. These options can be found in the web browser settings.
Session cookies in Opencart:
OpenCart uses session cookies necessary for the proper functioning of the online store. They store session information, such as session ID, login data, or shopping cart content.
Preference cookies in the www.cheapfixit.nl store:
The www.cheapfixit.nl store may use cookies to remember user preferences, such as language, currency, or preferred display options.
Tracking cookies:
Cookies may be used to monitor site traffic, remember visited subpages, and track user activity for analytical purposes within the OpenCart platform.
Google Analytics cookies:
Google Analytics uses cookies to collect analytical data on site traffic, such as the user's IP address, device type, or browser. They are used to generate statistical reports and analyze user behavior.
Analytical cookies:
Analytical cookies are used to collect analytical data on site traffic and the time spent on it by users.
Remarketing cookies:
In the case of using the remarketing feature, Google Analytics may use cookies to display personalized ads to users who have visited the store's site on other websites.
Additional Information regarding cookies:
The data controller, in accordance with Dutch privacy and electronic communications law (ePrivacy), undertakes to:
- Inform users about the use of cookies on the site and obtain their consent before saving cookies on the user's device, except when cookies are necessary to provide the service.
- Enable users to easily manage their cookie preferences, including accepting, rejecting, and deleting them.
- Provide appropriate security measures to protect data collected through cookies from unauthorized access or modification.
Users have the right to file a complaint with the supervisory authority responsible for personal data protection – the Autoriteit Persoonsgegevens (AP) in the Netherlands if they believe their rights have been violated.