General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following terms are defined as:
Cooling-off period: the period within which the consumer may
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;
Day: calendar day;
Duration transaction: a distance contract relating to
a range of products and/or services, where the obligation to deliver and/or
purchase is spread over time;
Durable medium: any instrument that enables the consumer or
entrepreneur to store information that is addressed to him personally,
in a way that allows future consultation and unchanged reproduction of
the stored information.
Right of withdrawal: the option for the consumer to waive 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: an agreement in which, as part of a system
organized by the entrepreneur for the 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: a means that can be
used to conclude an agreement, without the consumer and the entrepreneur
having met in the same space at the same time.
General Terms and Conditions: the present General Terms and
Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Elevare (www.elevare-eu.com) is a trade name of DamienSolutions.
DamienSolutions
Vierheemskinderstraatje 10a, 4101BV Culemborg;
E-mail address: Support@Elevare-eu.com
Chamber of Commerce number: 73643823
VAT identification number: NL002255899B52
Article 3 – Applicability
These general terms and conditions apply to every offer made by
the entrepreneur and to every distance contract and order established
between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general
terms and conditions is made available to the consumer. If this is not
reasonably possible, it will be indicated before the distance contract is
concluded that the general terms and conditions can be inspected at
the entrepreneur's premises and that they will be sent free of charge
at the consumer's request as soon as possible.
If the distance contract is concluded electronically, in deviation from
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 it can be easily stored by the
consumer on a durable medium. If this is not reasonably possible,
it will be indicated before the distance contract is concluded where
the general terms and conditions can be consulted electronically and
that they will be sent free of charge at the consumer's request
electronically or in any other way.
In the event that specific product or service terms apply in addition to
these general terms and conditions, the second and third paragraphs
apply accordingly, and in the event of conflicting general terms and
conditions, the consumer may always invoke the applicable provision
that is most favorable to him.
If one or more provisions in these general terms and conditions are at
any time wholly or partially void or annulled, the agreement and these
terms and conditions shall otherwise remain in force and the relevant
provision shall be replaced by mutual agreement
by one that approaches the original as closely as possible.
Situations not regulated in these general terms and conditions should be
assessed ‘in the spirit’ of these general terms and conditions.
Unclear points about the explanation or content of one or more
provisions of our 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 subject to conditions,
this is explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change 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 allow 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 obvious errors
in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative
and cannot lead to compensation or dissolution of the agreement.
Images of products are a true representation of the offered products.
The entrepreneur cannot guarantee that the colors displayed exactly
match the real colors of the products.
Each offer contains such information that it is clear to the consumer
what rights and obligations are attached to the acceptance of the
offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions
are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which the
entrepreneur guarantees the price;
the rate for distance communication if the costs of using the technique for
distance communication are calculated on a basis other than the regular
base rate for the communication medium used;
whether the agreement is archived after conclusion, and if so, how it
can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the
information provided by him in the context of the agreement before
concluding the agreement;
any other languages in which, besides Dutch, the agreement can be
concluded;
and the way in which the consumer can consult these codes of conduct
electronically; and
the minimum duration of the distance contract in the event of a
duration transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4,
at the moment of acceptance by the consumer of the offer and compliance
with the conditions stated therein.
If the consumer has accepted the offer electronically, the entrepreneur
immediately confirms 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 can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes
appropriate technical and organizational measures to secure the
electronic transfer of data and ensures a secure web environment. If the
consumer can pay electronically, the entrepreneur will observe
appropriate security measures for this.
The entrepreneur can – within legal frameworks – inform himself
whether the consumer can meet his payment obligations, as well as all
those facts and factors that are important for a responsible entry into the
distance contract. If, based on this investigation, the entrepreneur has
good grounds not to enter into the agreement, he is entitled to refuse
an order or application or to attach special conditions to the execution
with stated reasons.
With the product or service, the entrepreneur will send the following
information to the consumer, in writing or in such a way that it can be
stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur's branch where the
consumer can address complaints;
b. the conditions under which and the manner in which the consumer can
make use of the right of withdrawal, or a clear notification regarding
the exclusion of the right of withdrawal;
c. information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these terms, unless the
entrepreneur has already provided this information to the consumer
before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has
a duration of more than one year or is of indefinite duration.
In the event of a duration transaction, the provision in the previous paragraph
only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of
sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the
agreement without giving any reason for 30 days. This is longer than the
statutory cooling-off period of 14 days. This cooling-off period starts 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 will handle the product and the 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 with all delivered accessories and – if reasonably possible – in the 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 make this known to the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of a written message/e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that he wishes to use 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 for 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 no later than 14 days after withdrawal. The condition for this is that the product has already been received back by the web store owner or conclusive proof of complete return can be submitted.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the entrepreneur in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software for which the consumer has broken the seal.
h. for hygienic products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. regarding accommodation, transport, restaurant business, or leisure activities to be carried out on a certain date or during a certain period;
b. the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
c. regarding bets and lotteries.
Article 9 – The price
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence. This link to fluctuations and the fact that any prices mentioned are target prices will be stated with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported 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 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 and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or the instructions on the packaging;
The defect is entirely or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with reasonable 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 be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. It will be reported in a clear and understandable manner at the latest upon delivery that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of 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 and announced representative to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, cancellation and extension
Cancellation
The consumer may at any time cancel an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of at most one month.
The consumer may at any time cancel an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, by the end of the definite duration, with due observance of the agreed cancellation rules and a notice period of at most one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:
at any time and not be limited to cancellation at a certain time or in a certain period;
at least cancel in the same way as they have been entered into by them;
always cancel with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement that has been entered into for
a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can cancel this extended agreement towards the end of the
month.
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of at most one month, unless the agreed duration prevents this.
Article 13 – Payment
Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the 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 obligation to report 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 legal restrictions, to charge the reasonable costs previously made known to the consumer.
Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated 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 confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the disputes settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found valid by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer is resident abroad.