Terms and Conditions for the FIXSY.EU Online Store
The website FIXSY.eu, hereinafter referred to as “FIXSY.eu,” is owned and operated by Helix Tech Systems SRL, a Romanian company with its registered office at Bulevardul Dacia no. 38, Sector 1, Bucharest, Romania, registered with the Trade Register under no. J40/10249/2009, having the unique registration code 26107834, with a share capital of 200 RON, represented by Constantin Minculescu as administrator, hereinafter referred to as “FIXSY” or “we.”
Email: info@fixsy.eu
Phone: +40 785 241 373
These Terms and Conditions apply to all orders placed through our online store accessible at FIXSY.eu. By placing an order or clicking on any item, image, link, or button on FIXSY.eu, you agree to the provisions of the Terms and Conditions below. Before using this website, we recommend reading these Terms and Conditions carefully.
FIXSY reserves the right to unilaterally modify any provisions of the Terms and Conditions displayed on the website. However, the version applicable to each order will be the one valid at the time the order is placed. The latest version can be found on the “Terms and Conditions” page.
This website is intended for purchasing products through FIXSY’s online store (FIXSY.eu) by both professionals and individuals, hereinafter referred to as “Client,” “User,” or “you.” Information about the products available for sale (“Products”) is provided on our website at FIXSY.eu.
________________________________________
1. Registration on the Online Store Portal
The Client agrees that the registration of the order and the provision of Products will begin only after all required registration formalities are completed. The information provided must be accurate, complete, and up-to-date.
Before placing an order, the Client is required to correctly and completely provide their name, address, email address, phone number, and other necessary information requested on FIXSY.eu, such as (but not limited to): Trade Register number, unique registration code, tax registration code, etc., for processing the placed orders.
If the Client wishes to correct or update any errors in the data before or after submitting the order, they may do so by accessing their account created on the FIXSY.eu portal.
WE CANNOT BE HELD LIABLE FOR ANY DAMAGES CAUSED TO YOU AS A RESULT OF PROVIDING FALSE, INCORRECT, INACCURATE, AND/OR INCOMPLETE INFORMATION IN THE REGISTRATION FORM OR FOR FAILING TO UPDATE THIS INFORMATION IN A TIMELY MANNER.
By creating an account on the FIXSY.eu portal and using a personal password, the Client is responsible for all actions resulting from the use of that account and password. For clarity, FIXSY cannot be held liable for any errors/incidents resulting from the User’s negligence regarding the security and confidentiality of their account and password.
The Client has the right to use the account free of charge for an unlimited period, subject to FIXSY maintaining and owning the FIXSY.eu website. The Client may delete their online account at any time without providing a reason. FIXSY reserves the right to close its online store accessible on FIXSY.eu at any time, for any reason, including at its sole discretion.
________________________________________
2. Contract Formation
By submitting an order on the FIXSY.eu portal, the Client sends a request to FIXSY to enter into a sales contract for the Products in the order at the prices displayed on FIXSY.eu at the time of placing the order.
To validly enter into a sales contract with us for the Products offered in our online store, you must have full legal capacity, which generally means you must be at least 18 years old. By placing the order, you confirm that you have full legal capacity and are at least 18 years old.
By placing the order, the Client agrees and accepts that it involves a payment obligation.
The presence of information about Products on FIXSY.eu does not guarantee their availability in inventory, nor does it imply that the order will be processed. Each Product will indicate whether it is in stock at the time of the order.
After placing the order, FIXSY will automatically send a confirmation of order registration to the Client’s email address provided during registration. THIS CONFIRMATION DOES NOT REPRESENT ACCEPTANCE OF THE ORDER BY FIXSY. It only confirms that FIXSY has received the Client’s order.
Once our bank account is credited with the amount due for the ordered Products—no later than 7 business days from the date the order was placed—FIXSY will inform the Client in writing via email whether the order has been accepted. This acceptance constitutes the conclusion of the sales contract between FIXSY and the Client (“Contract”).
FIXSY will not accept the Client’s order until the Product is ready for delivery. However, the Product will not be shipped or delivered until FIXSY’s account is credited with the full price of the Product.
Orders are processed only on business days (Monday to Friday, excluding public holidays) between 08:00 and 16:30. Orders placed outside this timeframe or on public holidays, Saturdays, or Sundays will be processed on the next business day.
________________________________________
3. Contract Language
The contract is concluded in Romanian. The contract, consisting of your order and these Terms and Conditions, is saved by us. Your order will be sent to you via the email address provided during registration.
________________________________________
4. Duration and Termination of the Contract
The contract is concluded for a duration starting from the date FIXSY accepts your order in writing for the Products selected in the shopping cart on our online store (FIXSY.eu) and ends on the date all contractual obligations are properly fulfilled by both parties.
Without prejudice to your right of withdrawal described below (in accordance with Emergency Ordinance no. 34/2014 regarding consumer rights in contracts concluded with professionals, as well as for the amendment and completion of certain normative acts or any other legislation replacing it), THE CONTRACT SHALL BE AUTOMATICALLY TERMINATED WITHOUT NOTICE, WITHOUT GRACE PERIOD, WITHOUT COURT INTERVENTION, AND WITHOUT ANY FORMALITY IF:
• A) You refuse to accept the Products (in whole or in part) at the time of delivery;
• B) You are not present at the agreed delivery location at the time communicated by the courier or delivery agent, for two consecutive attempts;
• C) Payment for the Products has not been made within 7 (seven) days from the date of placing the order, and our account has not been credited with the corresponding amount, in which case you are considered legally in default.
If the Contract is terminated for these reasons, we will refund all amounts paid by you under the Contract, minus transportation costs and any compensation resulting from failure to accept the Products, within a maximum of 7 (seven) days from the termination date, using the same payment method you used for the initial transaction, unless you expressly agree to another refund method.
________________________________________
5. Personal Data Security
FIXSY continuously applies appropriate technical and organizational security measures to protect your personal data as comprehensively as possible against manipulation, partial or complete loss, and unauthorized access by third parties. Our security measures are constantly improved in line with technological developments.
In addition to securing the operating environment, we use encryption across our entire web platform. All personal data transmitted by you, including payment data, is transferred via the standard SSL (Secure Socket Layer) protocol, commonly used and secure, to prevent misuse by third parties. SSL is a proven and secure standard also used in online banking. You can recognize a secure SSL connection by the locked padlock symbol in your browser’s status bar and when the address field contains “https”.
However, we draw your attention to the fact that data transfers over the Internet are fundamentally vulnerable (e.g., when communicating via email), so absolute protection against third-party access cannot be guaranteed. More details about the processing of your personal data can be found in our privacy policy available at: https://www.FIXSY.ro/privacy-policy.html.
To make your visit to our website as attractive as possible and to facilitate the use of certain features, we use so-called cookies. More details about their use can be found in the “Cookie Policy” section available at: https://www.FIXSY.ro/cookie-policy.html.
________________________________________
6. Copyright
The FIXSY.eu website owned by FIXSY includes illustrations, photographs, graphics, logos, videos, films, audio files, and text. These are the property of FIXSY and are protected under copyright law, trademark law, design law, and intellectual property law in accordance with German and international legislation.
FIXSY allows viewing and downloading all information from the FIXSY.eu website for personal and non-commercial use without prior express consent, provided the content is not modified. Reproduction for sale or any other commercial use is not permitted.
FIXSY’s websites contain links to third-party websites (“external links”). The respective operators are responsible for these websites. FIXSY checked the external content for legal violations when the link was first created. At that time, no violations were found. FIXSY has no influence over the current or future design or content of the linked websites. Setting external links does not mean FIXSY assumes responsibility for the content behind the reference or link.
Continuous monitoring of external links is not reasonably feasible for FIXSY without specific indications of legal violations. However, if violations are found, such external links will be removed immediately.
________________________________________
7. Prices
FIXSY publishes information about the Products offered for sale on its online store website FIXSY.eu.
The prices of the Products displayed in our online store (FIXSY.eu) are expressed in RON and include VAT. The invoice issued by FIXSY and sent to the Client will include, among other things, the price of the Products covered by the Contract, including VAT.
FIXSY reserves the right to change the prices of Products included in its online store offer (FIXSY.eu), to add new Products to the offer, to initiate, continue, or cancel promotional campaigns, or to modify them. Any such change does not affect the price of the Product ordered by the Client by clicking the order button for the Products placed in the shopping cart before the date of the price change, condition change, or promotional action.
Information regarding the total value of the order, including delivery costs and any additional charges related to the provision and/or delivery of the Products (if applicable), will be presented in the shopping cart on the FIXSY online store portal (FIXSY.eu) after the Client selects the delivery and payment method.
________________________________________
8. Payment for Products
Payment for Products ordered under these Terms and Conditions must be made IN ADVANCE AND IN FULL, including delivery costs, within a maximum of 7 (seven) days from the moment the Client receives the pro forma invoice at the email address provided during the order process.
The pro forma invoice will be issued and sent by FIXSY to the Client within a maximum of 2 days from the moment the order is placed.
In the FIXSY online store (FIXSY.eu), payment can be made via bank transfer, online, or at your bank’s counter, by transferring the amount representing the price of the ordered
Products and related costs, indicating your order number to the following FIXSY bank account:
- Beneficiary: HELIX TECH SYSTEMS S.R.L
- RON Account: RO73UGBI0000362003535RON
- Bank: GarantiBank Intl. NV
Payment is considered made when our bank account is credited with the amount due. Your order will be processed only after the payment is credited to FIXSY’s bank account.
IF PAYMENT IS NOT MADE WITHIN 7 DAYS FROM RECEIVING THE PRO FORMA INVOICE, FIXSY RESERVES THE RIGHT NOT TO ACCEPT THE ORDER, THE CONTRACT WILL NOT BE CONSIDERED CONCLUDED, AND FIXSY WILL BE EXEMPT FROM ANY OBLIGATION REGARDING THAT ORDER.
The fiscal invoice for the price of the Products covered by the Contract and the related order costs will be sent to you via email at the address you provided.
FIXSY IS NOT AND CANNOT BE HELD RESPONSIBLE FOR ANY ADDITIONAL COSTS INCURRED BY YOU IN MAKING PAYMENTS FOR THE ORDERED PRODUCTS AND RELATED COSTS, INCLUDING (BUT NOT LIMITED TO) CURRENCY CONVERSION FEES APPLIED BY THE BANK, TRANSFER FEES. YOU ARE FULLY RESPONSIBLE FOR SUCH COSTS.
________________________________________
9. Delivery of Products, Transfer of Ownership and Risk
The delivery of Products will be made to the address indicated by the Client via partner courier or transport company.
The maximum delivery time for the ordered Products is 60 days from the date FIXSY accepts the order and thus concludes the Contract. Therefore, the maximum delivery date will be the expiration of a 60-day period plus the number of days mentioned in Article 2 for FIXSY’s acceptance of the order.
If we do not deliver the Products within 60 days from the Contract date, you may request delivery within an additional period appropriate to the circumstances. If we still do not deliver within that extended period, you are entitled to request termination of the Contract by written notice.
If you request termination of the Contract for this reason, we will refund all amounts paid under the Contract within a maximum of 7 (seven) business days from receiving your termination notice, using the same payment method as the original transaction, unless you expressly agree to another method. No fees will be charged for such refunds.
FIXSY may, at its discretion, communicate the estimated delivery time for each Product at the time of order placement. The estimated delivery time is calculated in business days (Monday to Friday) from the date of order acceptance and Contract conclusion, not exceeding 60 days.
If an order contains multiple Products with different estimated delivery times, the order will be delivered in full, and the estimated delivery time will be based on the longest term.
However, FIXSY reserves the right to deliver Products separately as they become available.
If order processing is not possible within the estimated delivery time due to circumstances beyond FIXSY’s control, FIXSY will inform the Client via email within a maximum of 7 business days from becoming aware of the issue.
If only part of the order can be fulfilled due to such circumstances, FIXSY may propose:
• Total cancellation of the order and termination of the Contract (if already concluded);
• Partial cancellation of the order and termination of the Contract for the Products that cannot be delivered on time.
If the Client does not express their option within 3 business days from being informed, FIXSY may cancel the entire order, and the Contract will be automatically terminated without FIXSY owing any compensation.
FIXSY will refund the Client within a maximum of 7 calendar days from the total or partial cancellation of the order and termination of the Contract the amounts paid for the canceled Products or the entire order.
Delivery costs are mentioned during the order process and include applicable VAT. You must pay delivery costs in addition to Product prices, where applicable.
The Client may personally pick up the Products from FIXSY’s headquarters at Bulevardul Dacia no. 38, Sector 1, Bucharest, by phone appointment, during working hours Monday to Friday, 08:00–16:30.
PRODUCTS REMAIN OUR PROPERTY UNTIL FULL PAYMENT AND DELIVERY TO YOU. BOTH CONDITIONS MUST BE MET. The risk of loss or damage transfers to you when you or a third party designated by you (other than the carrier) takes physical possession of the Products.
IF THE CLIENT PROVIDES AN INCORRECT AND/OR INCOMPLETE ADDRESS, FIXSY WILL NOT BE RESPONSIBLE FOR DELIVERY FAILURE OR DELAYS.
________________________________________
10. Right of Withdrawal
FIXSY acknowledges the rights granted to consumers under Law no. 365/2002 on electronic commerce, as well as Emergency Ordinance no. 34/2014 regarding consumer rights in contracts concluded with professionals, and any amendments or replacements thereof.
The Client has the right to withdraw from the Contract concluded with FIXSY, without penalties and without having to justify the decision, within 14 calendar days from the date the Client or a third party, other than the carrier, indicated by the Client, takes physical possession of the ordered Product, or from the date of possession of the last Product in the case of multiple Products ordered in a single order and delivered separately.
To exercise the right of withdrawal, you must inform us at the following address:
HELIX Tech Systems SRL
Trade Register No.: J40/10249/2009
CUI: 26107834
Legal Representative (Administrator): Constantin Minculescu
Phone: +40 785 241 373
Email: info@fixsy.eu
Postal Address: Bulevardul Dacia no. 38, 2nd floor, Sector 1, 010415 Bucharest, Romania
You may do so via an unequivocal statement (e.g., by postal letter or email) regarding your decision to withdraw from the Contract, or by using the withdrawal form below (its use is not mandatory).
Withdrawal Form
This form should be returned completed only if you wish to withdraw from the Contract.
- To [insert name, postal address, and, if applicable, phone number, fax number, and email address of the professional]:
- I/we (*) hereby give notice of my/our (*) withdrawal from the Contract for the sale of the following Products (*)
Ordered on (*)/received on (*)
(*) Delete as appropriate. - Name of consumer(s)/Client(s)
- Address of consumer(s)/Client(s)
- Signature of consumer(s)/Client(s) (only if this form is notified on paper)
- Date
To exercise the right of withdrawal, the Product must be returned by you complete, with all accessories, in perfect working condition and without signs of wear, within 14 days from the date you notified us of your decision to withdraw.
You will bear the direct cost of returning the Products. The approximate direct cost of returning the Products is estimated at a maximum of [amount] RON. You will also bear any reduction in the value of the Products if it results from handling beyond what is necessary to determine their nature, characteristics, and functioning.
In case of withdrawal, FIXSY will refund all payments received from you, including delivery costs, except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us, within a maximum of 14 days from receiving your withdrawal notice.
Refunds will be made using the same payment method used for the initial transaction, unless you expressly agree to another method. No fees will be charged for such refunds.
We will refund returned Products as soon as possible and no later than 14 days from receiving them. Refunds will be made to the debit or credit card used to pay for the Products. Please note that we may reduce the refund amount to reflect any decrease in value resulting from how the Products were handled.
________________________________________
11. Product Warranty
All Products available in the FIXSY online store (FIXSY.eu) are original and covered by the General Warranty Conditions of their manufacturers. Other Products sold through FIXSY’s online store also benefit from a 12-month warranty from the date of purchase. Detailed information about these warranties and their conditions can be found in the warranty certificate attached to the Product.
Differences in visual characteristics of Products due to device settings (e.g., color, proportions, etc.) cannot be grounds for complaints or return requests, except under the right of withdrawal described in Article 10.
Products covered by the Contract are subject to Romanian mandatory legislation regarding product warranties, including conformity warranty (e.g., Law no. 449/2003, Ordinance no. 21/1992, Emergency Ordinance no. 34/2014, Law no. 296/2004), legal liability for product defects (e.g., Civil Code, Ordinance no. 21/1992, Law no. 296/2004), and liability for defective products (e.g., Law no. 240/2004).
Regarding the legal conformity warranty, our responsibility to repair or replace the Product applies to any lack of conformity existing at the time of delivery, if it appears within 2 years of delivery and you notify us within 2 months of discovering it.
We will repair or replace the non-conforming Product within 15 calendar days from receiving your complaint or, if applicable, from the date you hand over the Product to us or our designated person, based on a handover report.
After this period, you may request repair or replacement of the Product if it cannot be used for its intended purpose due to hidden defects during its average lifespan.
Unless proven otherwise, any lack of conformity appearing within 6 months of delivery is presumed to have existed at the time of delivery, unless incompatible with the nature of the Product or the defect.
For any complaints regarding non-conformity, please contact us within 2 months of discovering the issue at:
Phone: +40 785 241 373
Email: info@fixsy.eu
Address: Bulevardul Dacia no. 38, 2nd floor, Sector 1, 010415 Bucharest
FIXSY will respond to your complaints within 15 days of receipt.
________________________________________
12. Force Majeure
Force majeure means an external, unforeseeable, absolutely invincible, and unavoidable event beyond the reasonable control of a party, such as war, revolutions, natural disasters, fires, epidemics, pandemics, government acts and measures (including the COVID-19 / SARS-CoV-2 pandemic and related government actions) that prevent a party from fulfilling its contractual obligations and exempt the invoking party from liability.
Neither party shall be liable for failure to perform its contractual obligations if such failure is due to a force majeure event as defined above and under the Romanian Civil Code.
IF THE EVENT DOES NOT CEASE WITHIN 30 (THIRTY) DAYS FROM ITS OCCURRENCE, EITHER PARTY MAY NOTIFY THE OTHER OF THE AUTOMATIC TERMINATION OF THE CONTRACT WITHOUT EITHER PARTY BEING ENTITLED TO CLAIM DAMAGES.
________________________________________
13. Assignment and Subcontracting
We may assign our rights under the Contract to any third party and/or subcontract any third party for the fulfillment of our obligations under the Contract or related obligations, with subsequent notification to you, but without requiring your consent.
However, in such cases, we will always remain responsible for fulfilling our obligations under the Contract.
________________________________________
14. Applicable Law
THE CONTRACT IS GOVERNED EXCLUSIVELY BY ROMANIAN LAW, excluding the United Nations Convention on Contracts for the International Sale of Goods (published in the Official Gazette of Romania, Part I, no. 54 dated 19.03.1991).
________________________________________
15. Disputes
If you are not satisfied with our Products and/or the way we have handled your complaints, you have the legal right to contact the National Authority for Consumer Protection.
Additionally, the European Commission provides an online dispute resolution platform accessible at: https://consumer-redress.ec.europa.eu/index_en
However, please note that FIXSY is not obligated to participate in dispute resolution procedures before a mediation body between merchant and consumer on this platform or otherwise. We reserve the right to refuse resolution of disputes between us and you by an independent body via the platform or other means.
Nonetheless, our users can contact FIXSY regarding any disputes related to the Products or the Contract by sending an email to: info@fixsy.eu
If FIXSY and you do not reach an amicable agreement beforehand, DISPUTES BETWEEN FIXSY AND YOU REGARDING THE CONTRACT WILL BE RESOLVED BY THE COMPETENT COURTS IN BUCHAREST.
________________________________________
16. Final Provisions
The information about Products displayed in the FIXSY online store (FIXSY.eu) does not constitute a contractual offer under the provisions of the Civil Code.
FIXSY MAKES EVERY EFFORT TO MAINTAIN ACCURATE AND UP-TO-DATE INFORMATION ON FIXSY.EU, but this does not exclude the possibility of discrepancies or omissions due to objective reasons or reasons beyond our control, including interruptions in the operation of the online store (FIXSY.eu) due to technical causes (maintenance, equipment replacement, etc.) and/or technical limitations of the devices used by the Client.
FIXSY is not liable for damages caused to you due to these reasons or in connection with accessing or being unable to access our website. Likewise, FIXSY is not responsible for the information (including its completeness and accuracy) contained on other websites to which our website contains external links.
BY PLACING AN ORDER IN OUR ONLINE STORE (FIXSY.EU) AND/OR BY ENTERING INTO THE CONTRACT, YOU EXPRESSLY AND IRREVOCABLY ACCEPT ALL PROVISIONS OF THE CONTRACT AND THESE TERMS AND CONDITIONS, acknowledging that some of these clauses may be interpreted as standard or unusual clauses, including those written in uppercase, such as those in: Art. 1, Art. 2, Art. 4, Art. 8, Art. 9, Art. 12, Art. 14, Art. 15, and this Art. 16.
