Terms and Conditions

Terms and Conditions

Table of contents

Article 1 - Definitions

1.1 Elixir Parfums: Elixir Parfums, located at Apollostraat 5, 1363TJ Almere, registered with the Chamber of Commerce under registration number 89735595, trading under the name Elixir Parfums.

1.2 Customer: the natural person or legal entity who enters into an agreement with Elixir Parfums or who accepts an offer from Elixir Parfums.

1.3 Agreement: the agreement between Elixir Parfums and the Customer.

1.4 Website: the Elixir Parfums website, which can be found at www.elixir-parfums.nl .

1.5 Products: all products offered by Elixir Parfums on the Website.

1.6 Right of withdrawal: the option for the Customer to terminate the Agreement within the cooling-off period of 14 days.

1.7 Reflection period: the period within which the Customer can exercise his Right of Withdrawal.

1.8 In writing: in these general terms and conditions, writing also includes communication by e-mail, provided that the identity of the sender and the integrity of the content is sufficiently established.

1.9 Parties: Elixir Parfums and the Customer jointly.

1.10 Days: calendar days.

1.11 Dispute: any dispute between the Parties regarding the conclusion, implementation or termination of the Agreement and the agreements resulting from it.

1.12 The Netherlands: the country where Elixir Parfums is located and where the Customer lives.

1.13 Consumer: the Customer who is a natural person and does not act in the exercise of a profession or business.

1.14 Business Customer: the Customer who acts in the exercise of a profession or business.

1.15 Company information: all information made available by Elixir Parfums via the Website or otherwise, such as information about the Products, prices and payment options.

Article 2 - Applicability

2.a These general terms and conditions apply to all agreements concluded between Elixir Parfums, located in [address], and the buyer.

2.b By placing an order via the Elixir Parfums website, the buyer agrees to these general terms and conditions and agrees to their applicability.

2.c Deviations from these general terms and conditions are only valid if agreed in writing.

2.d If any provision of these general terms and conditions is void or annulled, the other provisions of these general terms and conditions will remain in full force. Elixir Parfums will then establish a new provision to replace the void/nullified provision, whereby the scope of the void/nullified provision will be taken into account as much as possible.

2.e Elixir Parfums reserves the right to change or supplement these general terms and conditions. Any changes also apply to agreements already concluded. Elixir Parfums will announce the changes in a timely manner via its website or by e-mail.

Article 3 - Offer and agreement

3.a All offers and quotations from Elixir Parfums are without obligation, unless expressly stated otherwise.

3.b Elixir Parfums reserves the right to refuse an order or request additional information if this is necessary for the correct execution of the order.

3.c An agreement is concluded when an order has been placed via the Elixir Parfums website and the buyer has agreed to the applicability of these general terms and conditions.

3.d Elixir Parfums will confirm the order by e-mail as soon as possible. If the buyer has not received confirmation within 24 hours of placing the order, the buyer must contact Elixir Parfums.

3.e Elixir Parfums is entitled to terminate the agreement if it appears that the buyer has provided incorrect or incomplete information when placing the order or if the buyer has acted contrary to the general terms and conditions of Elixir Parfums in the past.

3.f Prices and information about products and services on the Elixir Parfums website are subject to programming and typing errors. Elixir Parfums is not bound by its offer if there are such errors.

3.g Elixir Parfums cannot be held to its offer if the buyer could reasonably understand that the offer, or part thereof, contains an obvious mistake or typo.

3.h In the event of termination of the agreement, Elixir Parfums will refund the amount paid by the buyer as soon as possible, but in any case within 14 days after termination. Costs of returning the product are borne by the buyer in the case of returns.

Article 4 - Prices and payment

4.a The prices of the products and/or services offered are clearly stated on the Elixir Parfums website, unless otherwise agreed.

4.b All prices include VAT and other levies imposed by the government.

4.c Payment must be made in one of the ways indicated during the ordering process on the website. Payment can be made via iDEAL.

4.d Elixir Parfums is entitled to change the prices of products and/or services. Any price changes will not affect orders already placed.

4.e If the price of a product and/or service is increased after placing an order, the consumer has the right to terminate the agreement within seven working days after notification of the price increase by Elixir Parfums.

4.f If the consumer fails to pay an invoice, the consumer is legally in default and Elixir Parfums is entitled to charge the statutory interest and collection costs.

4.g When paying by bank transfer, payment must be made within seven working days after placing the order. If payment is not received within this period, the order will be canceled.

4.h Elixir Parfums reserves the right to cancel the order if fraud or unlawful conduct is suspected in connection with the payment.

Article 5 - Delivery and shipping

5.a Elixir Parfums only ships within the Netherlands, unless otherwise agreed.

5.b Delivery of the products takes place at the address specified by the customer.

5.c For the shipment of packages within the Netherlands, Elixir Parfums charges shipping costs of €4.99, unless otherwise agreed.

5.d Elixir Parfums ships packages within the Netherlands via DHL. If the customer is not present at the time of delivery, DHL will deliver the package to the neighbors or offer it again at a later time. If the customer has not received the package after two delivery attempts, the package will be returned to Elixir Parfums. The costs for resending the package will be borne by the customer.

5.e Elixir Parfums does not charge shipping costs for sending samples. The samples are sent via PostNL letter mail.

5.f Elixir Parfums strives to ship orders within 3 working days after receipt of payment. If this is not possible for any reason, Elixir Parfums will inform the customer as soon as possible.

5.g Elixir Parfums is not liable for delays in delivery or the consequences thereof, unless these delays are due to intent or gross negligence on the part of Elixir Parfums.

Article 6 - Right of withdrawal and returns

6.a Elixir Parfums does its utmost to ensure that the products you order from us meet your expectations. If you are nevertheless not satisfied with a product, you have the right to terminate the agreement without giving reasons within fourteen (14) days of receiving the product.

6.b To exercise the right of withdrawal, you must inform Elixir Parfums of your decision to terminate the agreement within fourteen (14) days of receipt of the product. You can do this by completing the returns form and sending it to the e-mail address provided. The product must then be returned to the address stated on the return form within fourteen (14) days of receipt of the returns form.

6.c If you exercise your right of withdrawal, the product will be returned to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging. If the product does not meet these conditions, Elixir Parfums may charge a depreciation.

6.d The costs for returning the product are at your own expense. Elixir Parfums therefore advises to return the product via a track & trace shipping method.

6.e If you cancel the agreement, Elixir Parfums will refund the purchase price within fourteen (14) days of receipt of the returned product. The purchase amount including the initial shipping costs will be refunded, unless only part of the order is returned. In that case, the initial shipping costs will not be reimbursed.

6.f If the returned product is damaged or the packaging is damaged more than is necessary to test the product, Elixir Parfums reserves the right to charge the customer for this reduction in value.

6.g The right of withdrawal does not apply to products that spoil quickly or have a limited shelf life, unless they are defective.

Article 7 - Warranty and complaints

7a. Elixir Parfums guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement.

7b. The warranty period of Elixir Parfums corresponds to the manufacturer's warranty period. However, Elixir Parfums is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

7c. The consumer is obliged to immediately check the delivered products upon receipt. If it appears that the delivered products are incorrect, defective or incomplete, the consumer must immediately report these defects in writing to Elixir Parfums (before returning them to Elixir Parfums). Any defects or incorrectly delivered products must and can be reported to Elixir Parfums in writing up to a maximum of 14 days after delivery. Products must be returned in the original packaging and in new condition.

7d. If complaints from the consumer are found to be justified by Elixir Parfums, Elixir Parfums will, at its option, either replace the delivered products free of charge or make a written arrangement with the consumer regarding compensation, on the understanding that the liability of Elixir Parfums and therefore the amount of the compensation is always limited to a maximum of the invoice amount of the products in question or (at the discretion of Elixir Parfums) to the maximum amount covered in the relevant case by Elixir Parfums' liability insurance. Any liability of Elixir Parfums for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.

7th. Elixir Parfums is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.

7f. This warranty does not apply if:

- the consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;

- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or instructions for use on the packaging;

- the defects are wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

7g. In the event of a dispute between Elixir Parfums and the consumer, the consumer can rely on the European Online Dispute Resolution platform (ODR platform). The ODR platform can be reached via the following link: [URL of the ODR platform].

Article 8 - Liability and force majeure

8a. Elixir Parfums is not liable for any damage, direct or indirect, that the consumer suffers as a result of the use of Elixir Parfums products, unless this damage is the result of intent or gross negligence on the part of Elixir Parfums.

8b. If Elixir Parfums is found liable, Elixir Parfums' liability is limited to the amount paid out by the insurer, unless there is intent or gross negligence on the part of Elixir Parfums.

8c. Elixir Parfums is not liable for any damage, direct or indirect, that the consumer suffers as a result of the inability to deliver products due to force majeure. Force majeure means any circumstance beyond the control of Elixir Parfums, as a result of which compliance with the agreement cannot reasonably be expected from Elixir Parfums.

8d. If Elixir Parfums is unable to fulfill its obligations towards the consumer due to force majeure, those obligations will be suspended for the duration of the force majeure situation. If this force majeure situation lasts longer than 30 days, both parties have the right to terminate the agreement without obligation to compensate the other party for damage.

8th. If Elixir Parfums has partially fulfilled its obligations at the time of the force majeure situation or will be able to fulfill them, and independent value is attributed to the fulfilled or yet to be fulfilled part, Elixir Parfums is entitled to invoice the part already fulfilled or to be fulfilled separately. The consumer is obliged to pay this invoice as if it were a separate agreement.

Article 10 - Privacy and personal data

10.a Elixir Parfums processes personal data of customers in accordance with applicable privacy legislation. By using the services of Elixir Parfums, the customer consents to the processing of his or her personal data as described in the privacy statement.

10.b Elixir Parfums uses the personal data of customers to execute the agreement and process orders. In addition, the data can be used to keep customers informed of new products or offers, if the customer has given explicit permission for this.

10.c Elixir Parfums will not provide personal data of customers to third parties, unless this is necessary for the execution of the agreement or to comply with a legal obligation.

10.d Customers have the right to view, correct or delete their personal data. This can be done by contacting Elixir Parfums at info@elixir-parfums.nl . Elixir Parfums will respond within 4 weeks of receiving the request.

10.e For more information about the processing of personal data and the rights of customers, please refer to the privacy statement on our website.

Article 11 - Final provisions

11.a These general terms and conditions and all agreements concluded between Elixir Parfums and the customer are exclusively governed by Dutch law.

11.b Disputes between Elixir Parfums and the customer will be submitted exclusively to the competent court in the district in which Elixir Parfums is located, unless the law prescribes otherwise.

11.c If any provision of these general terms and conditions is void or voided, the other provisions of these general terms and conditions will remain fully in force and Elixir Parfums and the customer will enter into consultation in order to draw up a new provision to replace the void or voided provision. agreement, taking into account as much as possible the purpose and scope of the void or annulled provision.

11.d These general terms and conditions have been drawn up in the Dutch language. If these general terms and conditions have been made available in translation and there are differences between the Dutch text and its translation, the Dutch text is binding.

These were the general terms and conditions of Elixir Parfums. We recommend that you read these conditions carefully before placing an order. By placing an order with Elixir Parfums you agree to these conditions. If you have any questions about our terms and conditions, you can contact us at info@elixir-parfums.nl .