Terms & Conditions
Terms and Conditions for Elavere
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: The time during which the consumer can exercise their right of withdrawal.
- Consumer: A natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur.
- Day: November 1, 2024.
- Continuous Transaction: A distance contract regarding a series of products and/or services with delivery and/or purchase obligations spread over time.
- Durable Data Carrier: Any medium that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future retrieval and unchanged reproduction.
- Right of Withdrawal: The option for the consumer to cancel the distance contract within the cooling-off period.
- Entrepreneur: The natural or legal person offering products and/or services to consumers from a distance.
- Distance Contract: A contract concluded as part of an organized system by the entrepreneur for remote sales of products and/or services, using one or more means of remote communication exclusively up to the conclusion of the contract.
- Means of Remote Communication: A method that can be used to conclude a contract without the consumer and entrepreneur meeting simultaneously in the same space.
- General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
- Business Name: Elavere
- Chamber of Commerce (KvK) Number: 95200401
- Trade Name: Elavere
- VAT Number: NL005137458B38
- Customer Service Email: info@elavere.nl
Article 3 – Applicability
These terms and conditions apply to every offer made by the entrepreneur and every contract or order concluded between the entrepreneur and the consumer at a distance.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If it is not reasonably possible, it will be indicated before the contract is concluded that the terms and conditions can be viewed at the entrepreneur’s location and will be sent free of charge upon the consumer's request.
If the contract is concluded electronically, and if reasonably possible, the terms and conditions will be provided electronically in a way that allows the consumer to store them on a durable medium. If this is not reasonably possible, it will be indicated where the terms can be electronically reviewed and that they can be sent free of charge upon the consumer’s request.
In addition to these terms and conditions, specific product or service conditions may apply. In case of conflicting terms, the provision that is most favorable to the consumer applies.
If one or more provisions of these terms and conditions are found to be invalid or nullified, the rest of the agreement and conditions remain in force, and the invalid provision will be replaced by a provision that approximates the original intent as closely as possible.
Situations not covered by these terms and conditions should be interpreted in the spirit of these terms.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.
The offer is non-binding, and the entrepreneur reserves the right to adjust or amend the offer.
The offer provides a full and accurate description of the offered products and/or services, with sufficient detail to allow the consumer to make a proper assessment. If images are used, they represent the products and/or services truthfully. Errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indications and cannot be grounds for any compensation or contract cancellation.
The offer specifies:
- The price, excluding import VAT and clearance fees, which are the consumer's responsibility.
- Any shipping costs.
- The process for concluding the contract and necessary steps.
- Whether the right of withdrawal applies.
- Payment, delivery, and execution methods for the contract.
- The offer acceptance period or price guarantee period.
- Any additional costs for distance communication if applicable.
- Whether the contract is archived and if so, how the consumer can access it.
- The way the consumer can check and correct data before concluding the contract.
- Other languages available for concluding the contract.
- Applicable codes of conduct and access to these.
- Minimum contract duration for continuous transactions, if applicable.
Article 5 – The Contract
The contract is concluded upon the consumer’s acceptance of the offer and compliance with its terms.
If accepted electronically, the entrepreneur will immediately confirm receipt. The consumer can cancel the contract until this confirmation is received.
For electronic contracts, the entrepreneur ensures data transfer security and maintains a secure web environment. For electronic payments, the entrepreneur observes appropriate security measures.
The entrepreneur may verify the consumer’s ability to meet payment obligations and gather relevant information. If there is a valid reason, the entrepreneur may decline or impose additional conditions on an order.
The entrepreneur provides the following information with the product or service, accessible in a durable format:
- The entrepreneur's address for complaints.
- Conditions and method for withdrawal, or a statement if withdrawal is excluded.
- Warranty and after-purchase services.
- Information listed in Article 4(3), unless already provided.
- Requirements for contract termination if applicable to continuous transactions.
Each contract is subject to the availability of products.
Article 6 – Right of Withdrawal
For product purchases, the consumer has 14 days to withdraw without reason, starting from receipt of the product.
During this period, the consumer should handle the product and packaging carefully, only using it as necessary to assess the purchase. If withdrawing, the consumer should return the product with all accessories and packaging, following the entrepreneur’s clear instructions.
The consumer must notify the entrepreneur of the withdrawal within 14 days and return the product within 14 days after notification. Proof of timely return, such as a shipping receipt, is required.
If the consumer fails to notify or return the product in time, the purchase is binding.
Article 7 – Costs in Case of Withdrawal
The consumer bears the return shipping costs for withdrawal.
Any payment made by the consumer will be refunded within 14 days after the entrepreneur receives the product or receives proof of return.
Article 8 – Exclusion of Right of Withdrawal
The right of withdrawal does not apply to:
- Custom-made or personalized products.
- Products with a limited shelf life.
- Products sealed for hygiene that have been unsealed.
- Services involving accommodation, transport, or leisure, with specific dates.
- Services that started with the consumer’s consent before the cooling-off period ended.
Article 9 – Pricing
During the offer period, prices do not change except for VAT adjustments.
Products or services tied to market fluctuations beyond the entrepreneur’s control may be offered with variable prices, indicated in the offer.
Price increases within 3 months of contract conclusion are only allowed due to legal changes.
Article 10 – Conformity and Warranty
Products/services meet contract specifications, reasonable usability, and relevant regulations.
Warranty does not affect the consumer’s legal rights.
Faults or incorrectly delivered products should be reported within 14 days of delivery and returned in the original packaging.
The warranty is void if:
- The consumer modifies or repairs the products.
- The products are used in abnormal conditions.
- Defects result from regulatory requirements.
Article 11 – Delivery and Execution
The entrepreneur ensures careful handling and delivery within 30 days unless a longer period is agreed upon. If delayed, the consumer may cancel the contract.
Risk transfers to the consumer upon delivery.