Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous performance contract: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – 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 shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that most closely approximates the intent of the original provision.

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

Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 3 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

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

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

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

the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by the customer. The postal and/or courier service will apply the special arrangement for postal and courier services with regard to imports. This arrangement applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (possibly together with the customs clearance costs charged) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for that purpose;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for acceptance of the offer or the period during which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;
the manner in which the consumer can review and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuous performance contract.

Optional: available sizes, colors, types of materials.

Article 4 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or application with justification or to attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information on warranties and existing after-sales service;
the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before performance of the agreement;
the requirements 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 continuous performance contract, the provision in the previous paragraph applies only to the first delivery.

Each agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 30 days. This cooling-off period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they shall return the product to the entrepreneur with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. Notification must be made by written message or email. After notifying the entrepreneur of the intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the goods were returned in time, for example by means of a proof of shipment.

If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the periods referred to in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase shall be final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has already been received by the webshop or conclusive proof of complete return shipment has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer or at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

manufactured by the entrepreneur in accordance with the consumer’s specifications;
clearly of a personal nature;
which by their nature cannot be returned;
which can deteriorate or expire quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
single newspapers and magazines;
audio and video recordings and computer software for which the consumer has broken the seal;
hygienic products for which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
the delivery of which has begun with the consumer’s explicit consent before the cooling-off period has expired;
relating to betting and lotteries.

Article 8 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependency on fluctuations and the fact that any prices stated are indicative prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement as of the day the price increase takes effect.

Pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968, the place of delivery is the country where transport begins. In this case, delivery takes place outside the EU. Consequently, import VAT and/or customs clearance costs will be charged to the recipient by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.

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

Article 9 – Identity of the Entrepreneur

Company name: Elanova-boutique
Business address: Molenbochtstraat 32, Tilburg, The Netherlands
Email: support@elanova-boutique.com
Chamber of Commerce number: 78566452
VAT identification number: NL003351738B73

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 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 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 warranty does not apply if:

the consumer has repaired or modified the delivered products themselves or had them repaired or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
the defect is wholly or partly 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 Performance

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall endeavor to make a replacement item available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, 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 previously designated representative made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Continuous Performance Contracts: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed period that provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

at any time and not be restricted to termination at a specific time or during a specific period;
at least in the same manner as they were entered into;
always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

Notwithstanding the previous paragraph, an agreement entered into for a fixed period that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

An agreement entered into for a fixed period that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of agreements providing for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the purpose of regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has identified the defects.

Complaints submitted to the entrepreneur shall be answered within 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 30 days with an acknowledgment 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 dispute settlement.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced and strengthened as of 2024 in connection with the “Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)” and the resulting implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register transaction data in the European CESOP system.