General terms and conditions

Article 1 - Definitions In these terms and conditions:

Withdrawal period: the period of time within which the consumer may exercise his right of withdrawal; Consumer: a natural person who is not acting for professional purposes and concludes a distance contract with the trader; Day: calendar day; Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or receipt obligation of which is limited in time; Durable medium: any means that enables the consumer or the trader to store personally-targeted information in a way that allows future consultation and unchanged reproduction of the stored information. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period; Trader: a natural or legal person who offers products and/or services at a distance to consumers; Distance contract: a contract where, within the framework of a distance selling method of products and/or services organised by the trader, only one or more techniques of distance communication are used until the conclusion of the contract; Distance communication technology: means that can be used to conclude a contract without the consumer and the trader being simultaneously in the same place. General terms and conditions: these general terms and conditions from the trader.

Article 2 - Corporate identity

Company name: Flozii E-Commerce 

Company address: 

country: Spain

city: Maspalomas

street and number:  Av. del barranco

Email address: 

Commercial register: 

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every agreement concluded remotely and orders between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not possible for practical reasons, it will be stated before the distance contract is concluded that the general terms and conditions are available from the entrepreneur and that they will be sent free of charge as soon as possible upon request from the consumer.

If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not possible for practical reasons, it will be stated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request from the consumer.

In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply analogously, and the consumer may, in the event of conflicting general terms and conditions, always invoke the applicable provision that is most advantageous to him.

If at any time one or more provisions of these general terms and conditions are wholly or partially invalid or declared invalid, the agreement and these terms and conditions shall otherwise remain valid and the provision in question shall be immediately replaced by mutual agreement by a provision that comes as close as possible to the original text.

Situations not regulated in these general terms and conditions shall be assessed "in accordance with the spirit" of these general terms and conditions.

Any ambiguity regarding the interpretation or meaning of one or more provisions of our terms and conditions shall be interpreted "in accordance with the spirit" of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.

The offer is not binding. The entrepreneur has the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a correct assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot lead to damages or termination of the contract.

Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly correspond to the actual colors of the products.

Each offer contains information so that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:

  • the price including taxes;
  • any shipping costs;
  • how the agreement will be concluded and what measures are required for it;
  • whether or not the right of withdrawal applies;
  • payment methods, delivery and performance of the contract;
  • the period for acceptance of the offer or the period during which the entrepreneur guarantees the price;
  • the amount of distance communication fees if the costs of using the distance communication technology are calculated on a basis other than the ordinary basic fee for the means of communication used;
  • whether the contract is archived after it has been concluded and, if so, how it can be accessed by the consumer;
  • how the consumer, before entering into the contract, can check and possibly correct the information he has provided in connection with the contract;
  • any languages ​​other than Dutch in which the agreement can be concluded;
  • codes of conduct to which the entrepreneur has committed himself and how the consumer can access these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a long transaction.

Optional: available sizes, colors, material types.

Article 5 - The Agreement

The agreement is concluded, subject to what is stated in paragraph 4, when the consumer accepts the offer and fulfills the conditions prescribed thereby.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may withdraw from the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

Within the framework of legal provisions, the entrepreneur may ascertain whether the consumer is able to meet his payment obligations and of all the facts and circumstances relevant for the responsible conclusion of the distance contract. If the entrepreneur has good reasons not to conclude the contract on the basis of this investigation, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.

The entrepreneur will enclose the following information with the product or service to the consumer, in writing or in a manner that can be stored by the consumer on a durable medium in an accessible manner: a. the visiting address of the entrepreneur's establishment where the consumer can contact with complaints; b. the conditions for and the manner of exercising the right of withdrawal, or a clear statement that the right of withdrawal does not apply; c. information on guarantees and existing after-sales service; d. the information specified in Article 4, paragraph 3 of these Terms, if the entrepreneur has not already provided this information to the consumer before the execution of the contract; e. the requirements for termination of the contract if the contract has a duration of more than one year or is of unlimited duration.

In the case of a long transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is concluded under suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. This withdrawal period begins on the day after the consumer has received the product or a representative previously indicated and made known to the entrepreneur by the consumer.

During the withdrawal period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product with all accompanying accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The notification of withdrawal must be made by the consumer in writing/email. After the consumer has notified that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

If the customer has not notified that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in points 2 and 3, the purchase is binding.

Article 7 - Costs of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are the consumer's responsibility.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the right of withdrawal. This assumes, however, that the product has already been taken back by the online store owner or that superior proof of complete return can be presented.

Article 8 - Exceptions to the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in points 2 and 3. The exception to the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least well in advance of the conclusion of the contract.

Exceptions to the right of withdrawal are only possible for products: a. which have been created by the entrepreneur in accordance with the consumer's specifications; b. which are clearly of a personal nature; c. which by their nature cannot be returned; d. which can be quickly destroyed or aged; e. whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence; f. for loose newspapers and magazines; g. for audio and video recordings and computer programs whose seal has been broken by the consumer. h. for hygiene products whose seal has been broken.

Exceptions to the right of withdrawal are only possible for services: a. concerning accommodation, transport, restaurant activities or leisure activities to be performed on a specific date or during a certain period; b. the delivery of which has begun with the express consent of the consumer before the withdrawal period has expired; c. concerning betting and lotteries.

Article 9 - The price

During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, with the exception of price changes as a result of changes in VAT rates.

In deviation from the previous point, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This tie to fluctuations and the fact that any prices stated are target prices are stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legislation or regulations.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has negotiated this and: a. they are the result of legislation or regulations; or b. the consumer has the right to terminate the contract from the date on which the price increase comes into force.

The prices offered in products or services include VAT.

All prices are subject to printing errors and incorrect typesetting. No liability is accepted for the consequences of printing errors and incorrect typesetting. In the event of printing errors and incorrect typesetting, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with reasonable requirements for suitability and/or usability, and with the applicable laws and/or government regulations at the time of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be notified to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application of the consumer, or for any advice on the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or through a third party;
  • The delivered products have been exposed to abnormal conditions or otherwise handled negligently or are contrary to the entrepreneur's instructions and/or treated on the packaging;
  • The lack of quality is due in whole or in part to regulations that the government has or will introduce regarding the nature or quality of the materials used.

Article 11 - Delivery and Performance

The entrepreneur will exercise the greatest possible care when receiving and fulfilling orders for products.

The delivery address is the address that the consumer has notified the company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders with reasonable speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract free of charge and the right to any compensation.

In the event of termination pursuant to the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement product. At the latest upon delivery, it will be clearly and comprehensibly announced whether a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipping are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a predetermined representative known to the company, unless otherwise expressly agreed.

Article 12 - Lasting transactions: Duration, termination and extension

Termination The consumer may terminate an agreement concluded for an indefinite period and which concerns the regular supply of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement concluded for a definite period and which concerns the regular supply of products (including electricity) or services at any time, at the end of the contractual period, taking into account the agreed termination rules and a notice period of no more than one month. The consumer may terminate the agreements mentioned in the preceding paragraphs:

  • at any time and not limited to termination at a specific time or for a specific period;
  • at least in the same way as they were entered into by the consumer;
  • always with the same notice period that the entrepreneur has agreed for himself.

Extension A contract concluded for a fixed period and which concerns the regular supply of products (including electricity) or services may not be automatically extended or renewed for a fixed period. By way of derogation from the foregoing, a contract concluded for a fixed period and which concerns the regular supply of daily, weekly and monthly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month. A contract concluded for a fixed period and which concerns the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months if the contract concerns the regular supply of daily, weekly and monthly newspapers and magazines. A limited-duration contract for the regular delivery of daily, weekly and monthly newspapers and magazines (trial or introductory subscription) is not tacitly extended and is automatically terminated after the end of the trial or introductory period.

Duration If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless fairness and good practice preclude termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts that the consumer is obliged to pay must be paid within 7 working days after the right of withdrawal under Article 6, paragraph 1 has become effective. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement. The consumer is obliged to immediately notify the entrepreneur of any errors in the payment details provided or provided. In the event of the consumer's failure to pay, the entrepreneur is entitled, in addition to legal restrictions, to charge the reasonable costs previously notified to the consumer.

Article 14 - Complaints process

Complaints regarding the performance of the contract must be submitted within 7 days and must be fully and clearly described when the consumer has discovered the deficiencies. Complaints should be submitted to the trader.

Complaints submitted to the trader will be responded to within 14 days from the date of receipt. If a complaint requires longer processing time, the trader will respond within that 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure. A complaint does not affect the trader's obligations unless the trader notifies otherwise in writing. If a complaint is considered justified by the trader, the trader will, at its own discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the trader and the consumer covered by these general terms and conditions are governed only by Spanish law, even if the consumer is resident abroad.