GENERAL TERMS AND CONDITIONS L’élianne

Drawn up on 10 September 2020

Article 1 – Definitions

• L’élianne: L’élianne, established in Amersfoort, Chamber of Commerce no. 99905787.

• Customer: the person with whom L’élianne has entered into an agreement.

• Parties: L’élianne and the customer together.

• Consumer: a customer who is an individual acting for private purposes.

Article 2 – Applicability

1. These general terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of L’élianne.

2. Deviations from these conditions are only valid if expressly agreed upon in writing.

3. The applicability of supplementary and/or deviating general terms and conditions of the customer or third parties is expressly excluded.

Article 3 – Prices

1. All prices are stated in euros, include VAT and exclude additional costs such as administration costs, levies and travel-, shipping- or transport expenses, unless stated otherwise.

2. L’élianne may change prices for products or services shown in its shop or on its website at any time.

3. Unforeseen increases in cost prices may result in price increases.

4. Consumers are entitled to terminate the agreement in case of a price increase, unless the increase results from statutory regulation.

Article 4 – Samples and Models

If a sample or model has been provided, this only serves as an indication of the product, unless explicitly agreed otherwise in writing.

Article 5 – Payments and Payment Term

1. L’élianne may require an advance payment of up to 50% upon conclusion of the agreement.

2. The full amount must be paid within 7 days after delivery.

3. Payment terms are fatal. Failure to pay on time results in immediate default without prior notice.

4. L’élianne may require immediate payment or adequate security before delivery.

Article 6 – Consequences of Late Payment

1. Interest of 1% per month will be charged from the moment of default.

2. Extrajudicial collection costs may be charged in accordance with statutory regulations.

3. L’élianne may suspend its obligations until payment is fulfilled.

4. In case of bankruptcy, suspension of payment or liquidation, all claims become immediately due.

5. Refusal to cooperate does not release the customer from payment obligations.

Article 7 – Right of Recovery of Goods

1. In case of default, L’élianne may reclaim delivered but unpaid products.

2. This right is exercised through written or electronic notice.

3. Products must be returned immediately after notification.

4. Return or collection costs are borne by the customer.

Article 8 – Right of Cancellation (Consumers)

1. Consumers may cancel an online purchase within 14 days without stating reasons, provided the product:

   • has not been used;

   • is not perishable;

   • is not custom-made or adapted;

   • is not excluded for hygienic reasons;

   • has an intact seal (for digital carriers);

   • is not related to travel, leisure, newspapers or urgent repairs;

   • and the right has not been waived.

2. The cooling-off period starts:

   • the day after receipt of the last product of an order;

   • upon receipt of the first subscription product;

   • upon first delivery of a service;

   • after confirmation of digital content purchase.

3. Cancellation can be reported via elianne.business@outlook.com.

4. Products must be returned within 14 days after cancellation notice.

5. Refunds are processed within 14 days after valid withdrawal and receipt of returned goods.

Article 9 – Suspension of Obligations by the Customer

The customer waives the right to suspend any obligation arising from this agreement.

Article 10 – Right of Retention

1. L’élianne may retain delivered products until all outstanding invoices are paid.

2. This also applies to previous agreements.

3. L’élianne is not liable for damage resulting from exercising this right.

Article 11 – Settlement

The customer waives the right to offset any claim against L’élianne.

Article 12 – Retention of Title

1. Ownership of delivered products remains with L’élianne until full payment is made.

2. Products may not be pledged, sold or encumbered before ownership transfer.

3. In case of invocation, the agreement may be dissolved and damages claimed.

Article 13 – Delivery

1. Delivery takes place while stocks last.

2. Delivery occurs at L’élianne unless agreed otherwise.

3. Online orders are delivered to the address provided by the customer.

4. Non-payment entitles L’élianne to suspend delivery.

Article 14 – Delivery Period

1. Delivery periods are indicative unless agreed otherwise in writing.

2. The delivery period starts after order confirmation.

3. Late delivery does not entitle the customer to compensation or dissolution.

Article 15 – Transport, Packaging and Shipping

1. Transport costs are borne by the customer unless agreed otherwise.

2. Visible damage must be reported immediately upon delivery.

3. Failure to report damage releases L’élianne from liability.

Article 16 – Storage

Late acceptance of products is at the customer’s risk and expense.

Article 17 – Guarantee

1. Warranty applies only to manufacturing or material defects.

2. Excludes normal wear, misuse, modifications or unclear causes.

3. Risk transfers to the customer upon delivery.

Article 18 – Exchange

Exchange is only possible if:

• requested within 14 days;

• original invoice is presented;

• product is unused and in original packaging.

Discounted, perishable or custom-made products are excluded.

Article 19 – Indemnity

The customer indemnifies L’élianne against third-party claims related to supplied products or services.

Article 20 – Complaints

1. Complaints must be reported promptly and no later than one month after discovery.

2. Consumers must report within two months.

3. Complaints must be substantiated.

4. Unresolved complaints may be submitted to Webwinkelkeur.

Article 21 – Notices

Notices of default must be submitted in writing and received in time by L’élianne.

Article 22 – Joint and Several Liability

If multiple customers enter into an agreement, each is jointly and severally liable.

Article 23 – Liability

1. L’élianne is only liable for damage caused by intent or gross negligence.

2. Liability is limited to direct damage and insured amounts.

3. Indirect damage is excluded.

Article 24 – Expiry Period

All claims expire 12 months after the event causing liability, subject to statutory provisions.

Article 25 – Dissolution

1. The customer may dissolve the agreement in case of imputable failure.

2. L’élianne may dissolve the agreement if obligations are not fulfilled.

Article 26 – Force Majeure

1. L’élianne is not liable for failures caused by force majeure.

2. Obligations are suspended during force majeure.

3. After 30 days, either party may dissolve the agreement.

Article 27 – Modification of the Agreement

Changes require mutual consultation and agreement.

Article 28 – Changes to the Terms and Conditions

1. L’élianne may amend these terms.

2. Minor changes may be made at any time.

3. Consumers may terminate in case of substantial changes.

Article 29 – Transfer of Rights

Transfer of rights requires prior written consent from L’élianne.

Article 30 – Nullity

If any provision is invalid, the remaining provisions remain in force.

Article 31 – Applicable Law and Competent Court

1. Dutch law applies exclusively.

2. Disputes shall be submitted to the competent court in the district where L’élianne is established, unless mandatory law provides otherwise.

Article 32 – Customs, Duties and International Orders

1. All international orders are subject to customs duties, import taxes and fees as determined by the country of destination.

2. These fees are not included in the order total or shipping costs charged by L’élianne.

3. L’élianne is not responsible for customs duties, taxes or import-related charges.

4. All customs and duty fees must be paid by the recipient of the parcel.

5. Orders are shipped Delivered Duty Unpaid (DDU).

6. Orders that are unclaimed or refused due to unpaid DDU fees may be destroyed by the carrier.

7. L’élianne does not issue refunds for orders refused, unclaimed or destroyed as a result of unpaid customs or duty fees.

Article 33 – Exclusion of Responsibility

1. L’élianne is not responsible for damage or loss caused by:

   • improper use or installation of the product;

   • changes or modifications not approved by L’élianne;

   • failure to follow instructions for use or warnings provided by L’élianne.

2. In rare cases, depending on material and conditions such as heat, humidity or friction, discoloration or marks may occur on car upholstery or other surfaces.

3. L’élianne cannot be held liable for discoloration, staining or damage to upholstery or other materials that come into contact with the product.

4. Customers are advised to take preventive measures, such as using protective covers or cloths, to avoid potential damage to surfaces.