General conditions

General Terms and Conditions
Article 1 - Definitions

In these general terms and conditions, the following definitions shall apply:

Grace 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 profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day; 11-03-2023

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 medium: any means that enables the consumer or entrepreneur to store information 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 goods and/or services to consumers at a distance;

Distance contract: an agreement whereby, within the framework of a system organized 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: the present general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Elorett

E-mail address: Info.elorett@gmail.com

Chamber of Commerce number: 94419078

Clause 3 - Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.

If, notwithstanding the preceding paragraph, the distance contract is concluded electronically, the text of these general 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 data carrier. 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, at the consumer's request, they will be sent electronically or otherwise free of charge.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the provisions of paragraphs 2 and 3 apply by analogy and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.

If one or more provisions in these general conditions at any time wholly or partially void or voidable, then the other provisions of these general conditions remain in full force and the provision concerned will immediately be replaced by mutual agreement by a provision that the scope and purpose of the original provision as closely as possible.

Situations not provided for in these general terms and conditions shall be judged “in the spirit” of these general terms and conditions.

Ambiguities concerning the interpretation or content of one or more provisions of our general terms and conditions shall 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 must be expressly stated in the offer.

The offer is without obligation. The entrepreneur is authorized to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection 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 be a reason for compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the depicted 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 the acceptance of the offer. This concerns in particular

the price including taxes

any delivery costs

the way in which the contract is concluded and what actions are required for this

whether or not the right of withdrawal is applicable

the method of payment, delivery and performance of the contract

the period for accepting the offer, or the period within which the entrepreneur guarantees the price

the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;

the manner in which the consumer can check and, if necessary, repair the data provided by him with the contract before the contract is concluded;

all languages other than Dutch in which the contract can be concluded;

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in case of a fixed-term contract.

Optional: available sizes, colors, type 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 the fulfillment of the conditions thereby set.

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 will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may - 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 conclusion of the distance contract. If, based on this assessment, 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 implementation, while giving reasons.

The trader will send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium

the visiting address of the trader's office where the consumer can lodge complaints
the conditions under which and the way in which the Consumer may exercise the right of withdrawal, or, if applicable, clear information indicating that the Consumer is exempt from the right of withdrawal
the information on guarantees and existing after-sales services;
the information referred to in Article 4 (3) of these conditions, unless the trader has already provided the consumer with this information before the performance of the contract;
the conditions for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a contract entered into for a definite period, the provision of the previous paragraph applies only to the first delivery.
Each agreement is concluded under the suspensive condition 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 14 days. This reflection period commences 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 with all accessories supplied 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.

If the consumer wishes to exercise his right of withdrawal, he shall notify the entrepreneur within 14 days after receipt of the product. The consumer should make this known by means of a written notification/email. After the consumer has indicated that he wants to use his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If the consumer has not expressed his desire to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiration of the periods referred to in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer uses his right of withdrawal, the costs of returning the goods are at his expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after revocation. The condition is that the product has already been returned to the entrepreneur or that sufficient evidence of complete return can be presented.

Article 8 - Exclusion of 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 applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products

that have been created by the trader in accordance with the consumer's specifications
that are clearly of a personal nature
that cannot be returned due to their nature
Which spoil or age quickly
whose price is subject to fluctuations in the financial market that are beyond the Entrepreneur's control;
For individual newspapers and magazines;
For audio and video recordings and computer software of which the consumer has broken the seal.
for hygiene articles of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services

that relate to accommodation, transport, restaurant business or leisure activities and are to be provided on a certain day or during a certain period;
whose delivery has begun with the express consent of the consumer before the withdrawal period has expired;
which relate to betting and lotteries.
Article 9 - The price

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

Notwithstanding the previous paragraph, the entrepreneur can 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 link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has agreed and

they result from statutory regulations or provisions; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

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 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 existing legal provisions and/or government regulations at the time 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 under the agreement can assert against the entrepreneur.

Defective or wrongly delivered products should be reported to the entrepreneur in writing within 14 days after delivery. Products should 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 guarantee does not apply if:

the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;

the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of Contractor and/or on the packaging;

the failure is wholly or partially the result of government regulations or regulations yet to be issued 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 for products.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders as soon as possible, 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. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.

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 proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.

The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.

Article 12 - Duration of the transactions: duration, termination and extension

Termination

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

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

Consumers may terminate the agreements referred to in the previous paragraphs.

terminate at any time and not be limited to termination at a specific time or during a specific period;

at least terminate in the same manner as he concluded them;

always terminate with the same notice period that the entrepreneur has set for himself.

Extension

A contract entered into for a fixed period and intended for the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a contract entered into for a fixed period and intended for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer is at all times entitled to terminate this extended contract at the end of the extended period with a notice period of no more than one month.

A contract entered into for a fixed period and intended for the regular delivery of products or the provision of services may only be tacitly extended for an indefinite period if the consumer may terminate at all times with a notice period of no more than one month and with a notice period of no more than three months if the contract relates to the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.

A fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Term

For agreements with a term 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 termination before the end of the agreed term is not permitted according to standards of reasonableness and fairness.

Article 13 - Payment

Unless otherwise agreed, the amounts owed 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 commences after the consumer has received confirmation of the agreement.

The consumer has the duty to report any inaccuracies in the payment details provided or stated 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 made known to the consumer in advance.

Article 14 - Complaints procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days 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 subject to the dispute resolution procedure.

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 will, at his 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 apply. Even if the consumer lives abroad.