Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Ongoing transaction: a distance contract concerning a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;

Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future reference and unchanged 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 offering products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of an organized system by the entrepreneur for the sale of products and/or services at a distance, whereby up to and including the conclusion of the contract only one or more means of distance communication are used;

Means of distance communication: a tool that can be used to conclude a contract without the consumer and the entrepreneur being together in the same space at the same time;

Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Company Name: The Online Market
• Chamber of Commerce number: 91299691
• Trade name: Elevy Fashion
• VAT number: NL004880883B31
• Customer Service email: info@elevyfashion.com
• Business address: Berkweg 4, 7556CN Hengelo, The Netherlands

Article 3 – Applicability

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

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

If the distance contract is concluded electronically, the text of these terms and conditions can be provided electronically to the consumer in such a way that the consumer can store them easily on a durable medium. If this is not reasonably possible, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer’s request.

If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the most favorable provision in case of conflicting conditions.

If one or more provisions in these terms and conditions are at any time wholly or partially void or annulled, the agreement and the remaining provisions of these terms will remain in effect, and the void or annulled provision will be replaced by a provision that approximates the intent of the original as closely as possible.

Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.

Any ambiguities about the interpretation or content of one or more provisions of these terms should be interpreted 'in the spirit' of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly 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 offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and details in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.

Product images are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information making it clear to the consumer what rights and obligations are attached to accepting the offer, particularly:

• The price, excluding customs fees and import VAT. These additional costs will be the responsibility of the customer, and the postal or courier service will use the special scheme for postal and courier services regarding importation. This scheme applies if the goods are imported into the EU destination country, which is applicable in this case. The postal or courier service collects VAT (along with any customs clearance fees) from the recipient;
• Any shipping costs;
• The way the agreement will be concluded and the actions required for it;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and execution of the agreement;
• The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• The tariff for distance communication if the costs of using the means of distance communication are calculated on a different basis than the regular base rate for the used means;
• Whether the contract will be archived, and if so, how the consumer can consult it;
• The way the consumer can check the information provided under the agreement before concluding the contract and correct it if necessary;
• Any other languages besides Dutch in which the contract may be concluded;
• The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;
• The minimum duration of the distance contract in case of an ongoing transaction;
• Optionally, available sizes, colors, and types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set forth.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 may dissolve the agreement.

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

The entrepreneur may, within legal frameworks, obtain information on whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding a distance agreement. If, based on this investigation, the entrepreneur has legitimate reasons not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its execution.

The entrepreneur will provide the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, to the consumer along with the product or service:

• The business address of the entrepreneur’s establishment where the consumer can lodge complaints;
• The conditions under which and the way in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information on warranties and existing after-sales service;
• The data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the ordered products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer, or a pre-designated representative notified to the entrepreneur, receives the product.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, following the entrepreneur’s reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. The consumer must do this by sending a written message/email. After the consumer has notified the entrepreneur of their intention to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the delivered goods were returned in time, for example by means of a proof of shipment.

If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not notified the entrepreneur that they wish to exercise their 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 their right of withdrawal, the costs of returning the products are 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 the withdrawal. The condition is that the product has been received back by the entrepreneur, or that conclusive proof of complete return can be provided.

Article 8 – 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 only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before concluding the agreement.

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

• That have been produced according to the consumer's specifications;
• That are clearly personal in nature;
• That cannot be returned due to their nature;
• That can spoil or age quickly;
• Whose price is dependent on fluctuations in the financial market that the entrepreneur has no influence on;
• For individual newspapers and magazines;
• For audio and video recordings and computer software where the consumer has broken the seal;
• For hygienic products where the seal has been broken by the consumer.

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

• Relating to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specified period;
• Where delivery has started with the consumer’s explicit consent before the cooling-off period has expired;
• Concerning betting and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services 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 over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices, are mentioned in the offer.

Price increases within 3 months after the agreement has been concluded are only allowed if they are the result of legal regulations or provisions.

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

• They are the result of legal regulations or provisions; or
• The consumer has the right to terminate the agreement as of the day on which the price increase takes effect.

The place of delivery is determined by Article 5, paragraph 1, of the Dutch VAT Act 1968, which establishes that the place of delivery is where transportation begins. In this case, the delivery takes place outside the EU. As a result, import VAT and clearance fees will be collected by the postal or courier service. Therefore, the entrepreneur will not charge 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 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and any existing legal provisions and/or government regulations 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 warranty 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 in writing to the entrepreneur 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. The entrepreneur is never responsible for the ultimate suitability of the products for any 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 altered the delivered products themselves or has had them repaired and/or altered by third parties;
• The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
• The defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.

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

Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed but at least within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be carried out or only partially, the consumer will be informed of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but at least within 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated at the latest at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are 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 pre-designated representative, unless expressly agreed otherwise.

Article 12 – Ongoing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that has been concluded for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.

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

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

Extension

A fixed-term agreement that has been concluded for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Contrary to the previous paragraph, a fixed-term agreement that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.

A fixed-term agreement that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the case of an agreement for the regular, but less than once a month, delivery of daily news and weekly newspapers and magazines.

A limited-duration agreement for the regular delivery of daily news, weekly newspapers, and magazines (trial or introductory subscriptions) is not tacitly renewed and automatically ends at the end of 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 dictate otherwise before the end of the agreed term.

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 starts after the consumer has received confirmation of the agreement.

The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time 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 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed response.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

In the event of complaints, a consumer must first turn to the entrepreneur. In case of complaints that cannot be resolved by mutual agreement, the consumer has the option to submit the complaint to the European Union's Online Dispute Resolution platform (http://ec.europa.eu/odr).

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its 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 relate are exclusively governed by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.