Terms of service
ARTICLE 1 - DEFINITIONS
In these general terms and conditions, the following definitions shall apply:
Reflection period : the period within which the consumer can exercise his right of withdrawal;
Consumer : the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Duration transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier : every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal : the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur : the natural or legal person who offers distance products and/or services to consumers;
Distance contract : an agreement in which, as part of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication : means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General terms and conditions : these general terms and conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Elanora Trends
E-mail address:
support@elanora-trends.com
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded 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 reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If, contrary to the previous paragraph and before the distance contract is concluded, the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that, in addition to these general terms and conditions, certain product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favourable to him.
If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these general terms and conditions shall otherwise remain in force and the provision in question shall immediately be replaced by a provision as close as possible to the purpose of the original.
Situations not covered by these general terms and conditions are to be assessed "in the spirit" of these general terms and conditions.
Any lack of clarity regarding the interpretation or content of one or more provisions of our general terms and conditions should be interpreted "in the spirit" of these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is detailed enough to enable a fair assessment of the property
offer of the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services on offer. 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 be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the products on offer. The entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Each offer contains such information that the consumer is aware of the rights and obligations attached to the acceptance of the offer. This concerns in particular:
the price, excluding customs clearance costs and import turnover tax. These additional costs are at the customer's expense and risk. The postal and/or courier service uses the special regime for postal and courier services when importing. This rule applies when the goods are imported into the EU country of destination, which is also the case in this instance. The postal and/or courier company collects the VAT (whether or not together with the invoiced customs clearance charges) from the recipient of the goods;
any shipping costs;
the way in which the contract is concluded and what actions are required for that purpose;
whether or not the right of withdrawal exists;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer or the period within which the trader guarantees the price;
the height of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, can check and, if necessary, rectify the data provided by him in the context of the contract;
any languages other than Dutch in which the agreement can be concluded;
the codes of conduct provided by the trader and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a duration transaction. Optional: available sizes, colours, material type.
ARTICLE 5 - THE AGREEMENT
Subject to the provisions of paragraph 4, the agreement comes into effect at the moment the consumer accepts the offer and fulfills the conditions set out in it.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse or request an order or to attach special conditions to the implementation, while stating his reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions on which and how the consumer can make use of his right of withdrawal, or a clear statement about the exclusion of the right of withdrawal
the information on guarantees and existing after-sales services;
the details included in article 4 paragraph 3 of these general terms and conditions, unless the trader has already provided the consumer with these details before the performance of the contract;
the conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provisions of the previous paragraph only apply to the first delivery.
Each agreement is concluded under the suspensive conditions of sufficient availability of the relevant products.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 60 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to report this to the entrepreneur within 60 days of receiving the goods. The consumer should announce this by means of a written message/email. After the consumer has announced that he wishes to exercise his right of withdrawal, the customer must return the product within 60 days. The consumer must prove that the delivered goods were returned on time, e.g. by providing proof of dispatch.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 5 working days after withdrawal. Condition is that the product has already been received back by the web shop owner or conclusive proof of the complete return shipment can be submitted.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the products do not meet these conditions:
The products must be in original condition and bear the original labels and tags.
The packaging must not be damaged and must be in original condition.
The items to be returned must show no signs of use.
The entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
ARTICLE 9 - THE PRICE
During the validity period mentioned in the offer, the prices of the products and/or services on offer 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 on which the Entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that the prices stated are indicative shall be stated with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are based on statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated them and:
resulting from legal regulations or stipulations; or
The consumer has the right to terminate the agreement from the day on which the price increase takes effect.
The place of delivery is based on article 5 paragraph 1 of the Value Added Tax Act 1968 in the country where the transport begins. In the present case, this delivery takes place outside the EU. Then the postal or courier company will collect the import tax or clearance charges from the customer. Thus, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.
ARTICLE 10 - CONFORMITY AND WARRANTY
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or ease of use and the statutory provisions and/or government regulations existing at the time of concluding the contract. concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee from the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 60 days after delivery. Products should be returned in the original packaging and in new condition.
The guarantee period of the entrepreneur corresponds to the guarantee period of the manufacturer. However, the entrepreneur 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.
The guarantee does not apply if:
the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
The inadequacy is entirely or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND IMPLEMENTATION
The entrepreneur will take the greatest possible care when receiving and executing orders of products.
Place of delivery is the address that the consumer has given to the entrepreneur.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to damages.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative made known to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
completion
The consumer may at any time terminate an open-ended contract that was concluded for the regular delivery of products (including electricity) or services, subject to the applicable termination rules and a maximum notice period of one month.
The consumer may at any time terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at the end of the fixed-term, subject to agreed termination rules and a notice period of no more than one month.
For the contracts referred to in the previous paragraphs, the consumer may
terminate at any time and not be limited to termination at a specific time or during a specific period;
at least cancel in the same way as they were received from him;
Always cancel with the same notice period that the entrepreneur has set for himself.
renewal
An agreement entered into for a definite period and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months if the consumer may terminate this renewed contract at the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly prolonged for an indefinite period of time if the consumer gives notice of termination at the end of the prolongation with a notice period not exceeding one month and not exceeding three months if the contract extends to the agreed period of regular supply of daily or weekly newspapers and magazines but less than once a month.
A temporary agreement to regularly deliver daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract lasts more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the amounts due by the consumer should be paid within 7 working days from the start of the reflection period in accordance with article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in payment details supplied or provided immediately to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs communicated in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
Complaints about the implementation of the agreement should be submitted to the entrepreneur within 7 days 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved amicably, a dispute arises that is open to dispute resolution.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found by the entrepreneur to be justified, the entrepreneur shall, at his discretion, replace or repair the delivered products free of charge.
ARTICLE 15 - DISPUTES
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer lives abroad.
ARTICLE 16 - SMS MARKETING
By agreeing to Elanora-Trends SMS marketing at checkout and initialising a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including reminders for aborted checkout), SMS marketing offers and transactional SMS messages, including requests for reviews from us, even if your mobile number is registered on a national or federal do-not-call list. The frequency of messages varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we have given you in all our messages. You understand and agree that alternative methods of unsubscribing, such as using alternative words or requests, are not considered a reasonable way to unsubscribe. We do not charge for the Service, but you are responsible for all charges and fees related to text messages imposed by your mobile operator. Message and data rates may apply.
For questions, you can text HELP to the number from which you received the messages. You can also contact us at https://
elanora-trends.com/pages/contact for more information.
We have the right to change any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a phone number or short code that we have changed, including STOP or HELP requests, may not be received and that we will not be liable to honour any requests in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed or misdirected delivery of information sent through the Service, any errors in such information and/or any action you may or may not take Reliance on the information or service.
Your right to privacy is important to us. You can review our privacy policy https://
elanora-trends.com/policies/privacy-policy to determine how we collect and use your personal information.