Termini e condizioni del servizio

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period during which the consumer can exercise the right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or commercial activity and who concludes a distance contract with the trader;

Day: calendar day;

Long-term contract: a distance contract relating to a series of products and/or services, whose delivery and/or performance obligations are distributed over time;

Durable medium: any means that enables the consumer or trader to store information addressed personally to them, in such a way that they can consult it in the future and reproduce it unchanged;

Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;

Trader: the natural or legal person who offers products and/or services at a distance to consumers;

Distance contract: a contract in which, within the framework of a system organized by the trader for the distance sale of products and/or services, up to the conclusion of the contract, exclusive use is made of one or more distance communication techniques;

Distance communication technique: a means that can be used to conclude a contract, without the consumer and trader being physically present in the same place;

General terms and conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the trader

Company name: ELVORU Trade name: ELVORU Chamber of Commerce number (KvK): 93790694 VAT number: NL005043110B32 Company address: Vastenavondkampstraat 13, 5922 AS Venlo, The Netherlands Customer service email address: info@elvoru.com

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract concluded and order placed between the trader and the consumer.

Before the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance contract it will be indicated where the general terms and conditions can be consulted at the trader's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that, at the consumer's request, they will be sent free of charge electronically or otherwise.

In the event that, in addition to these general terms and conditions, specific conditions relating to products or services also apply, the second and third paragraphs apply and, in case of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are null or void in whole or in part at any time, the contract and these terms and conditions will remain in force for the rest, and the provision in question will be replaced by mutual agreement with a provision that comes as close as possible to the original purpose.

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

Ambiguities about the interpretation or content of one or more provisions of these terms and conditions must be interpreted "in the spirit" of the same.

Article 4 – The offer

If an offer has a limited duration or is subject to specific conditions, this will be clearly indicated in the offer itself.

The offer is without obligation. The trader reserves the right to modify or 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 properly evaluate the offer. If the trader uses images, these faithfully represent the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.

All images, specifications and information contained in the offer are indicative and cannot constitute grounds for claiming compensation or for canceling the contract.

The images of the products faithfully represent what is offered. However, the trader cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.

Each offer contains sufficient information to make clear to the consumer the rights and obligations connected to the acceptance of the offer. In particular, this concerns:

the price, excluding customs costs and import VAT. Such additional costs will be at the customer's expense and risk. The postal service and/or courier will apply the special procedure provided for postal and courier services in relation to importation. This procedure applies when goods are imported into the destination EU Member State, as in this case. The postal service or courier will collect the VAT (possibly together with customs costs) from the recipient of the goods;

any shipping costs;

the manner in which the contract will be concluded and the actions necessary for this purpose;

the possible applicability of the right of withdrawal;

the methods of payment, delivery and execution of the contract;

the deadline within which the offer can be accepted or the deadline within which the trader guarantees the price;

the cost of distance communications, if a rate different from the standard base rate is applied for the means of communication used;

whether the contract will be archived after conclusion, and, if so, how the consumer can consult it;

the manner in which the consumer can, before the conclusion of the contract, verify and, if necessary, correct the data provided;

any languages, in addition to Dutch, in which the contract can be concluded;

the codes of conduct to which the trader adheres and the ways in which the consumer can consult them electronically;

the minimum duration of the distance contract in case of continuing contracts.

Optional: available sizes, colors, types of materials.

Article 5 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment when the consumer accepts the offer and satisfies the conditions provided.

If the consumer has accepted the offer electronically, the trader immediately confirms electronically the receipt of the acceptance of the offer. As long as the receipt of the acceptance has not been confirmed by the trader, the consumer can dissolve the contract.

If the contract is concluded electronically, the trader will adopt appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer is allowed to pay electronically, the trader will adopt appropriate security measures for this purpose.

The trader may – in compliance with legal provisions – inquire whether the consumer is able to fulfill their payment obligations, as well as all those facts and factors that are relevant for a responsible conclusion of the distance contract. If, based on this inquiry, the trader has good reasons not to conclude the contract, they have the right to refuse an order or request with justification, or to make its execution subject to special conditions.

The trader will provide the consumer, at the time of delivery of the product or service, with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the physical address of the trader's premises where the consumer can submit any complaints the conditions and methods by which the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal the information regarding existing warranties and after-sales services the data referred to in article 4, paragraph 3, unless the trader has already provided them to the consumer before the conclusion of the contract the requirements for terminating the contract, if it has a duration of more than one year or is indefinite

In the case of a continuing contract, the provision of the previous paragraph applies only to the first delivery.

Each contract is concluded with the suspensive condition of sufficient availability of the related products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the possibility to dissolve the contract without stating reasons within a period of 14 days. This reflection period begins the day after receipt of the product by the consumer or by a representative previously designated by the consumer and communicated to the trader.

During the reflection period, the consumer will treat the product and packaging with care. They will unpack or use the product only to the extent necessary to determine whether they wish to keep it. If the consumer decides to exercise the right of withdrawal, they must return the product with all accessories provided and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they are required to communicate this to the trader within 14 days of receiving the product. The communication must be made by written message or email. After communicating the intention to exercise the right of withdrawal, the consumer must return the product within 14 days to the place of origin. The consumer must be able to prove that they returned the goods within the required time, for example through proof of shipment.

If, at the end of the periods indicated in paragraphs 2 and 3, the consumer has not communicated the intention to exercise the right of withdrawal or has not returned the product to the trader, the purchase is considered final.

Article 7 – Costs in case of withdrawal

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

If the consumer has already made a payment, the trader will refund this amount as soon as possible, and in any case within 14 days of withdrawal. Provided, however, that the product has already been received by the online seller or that proof is provided confirming the complete return.

Article 8 – Exclusion of the right of withdrawal

The seller can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is valid only if the seller has clearly indicated this in the offer, or at least before the conclusion of the contract.

The exclusion of the right of withdrawal is possible only for products made by the seller according to consumer specifications, for products clearly of a personal nature, for products that by their nature cannot be returned, for products that deteriorate or expire quickly, for products whose price is subject to fluctuations in the financial market over which the seller has no influence, for newspapers and magazines sold individually, for audio or video recordings and computer software whose seal has been broken by the consumer, and for hygienic products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is also possible for services relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period, for services whose execution has begun with the explicit consent of the consumer before the expiry of the withdrawal period, and for services relating to betting and lotteries.

Article 9 – The price

During the validity period indicated 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 above, the seller may offer products or services whose prices are subject to fluctuations in the financial market, over which they have no influence, at variable prices. Any dependence on such fluctuations and the fact that the indicated prices are guide prices will be indicated in the offer.

Price increases within 3 months of the conclusion of the contract are permitted only if they result from legislative or regulatory provisions.

Price increases from 3 months after the conclusion of the contract are permitted only if the seller has provided for this contractually and:

– they are the result of legislative or regulatory provisions; or – the consumer has the right to terminate the contract from the day on which the price increase takes effect.

Pursuant to Article 5, paragraph 1, of the Value Added Tax Act 1968, the place of delivery is considered to be the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, import VAT and/or customs costs will be collected by the postal service or courier from the buyer. Therefore, the seller will not charge VAT.

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

Article 10 – Compliance and Warranty

Previous Contract This contract covers the period from April 1, 2024 to April 15, 2025.

Future Contract This contract comes into effect on April 15, 2025 and remains valid for a duration of 1 year, until April 15, 2026.

The seller guarantees that the products and/or services comply with the contract, the specifications indicated in the offer, the reasonable requirements of quality and/or usefulness and the legislative and/or regulatory provisions in force on the date of conclusion of the contract. If agreed, the seller also guarantees that the product is suitable for use other than normal use.

A warranty provided by the seller, manufacturer or importer does not prejudice the legal rights and remedies that the consumer can exercise against the seller based on the contract.

Any defects or incorrectly delivered products must be reported in writing to the seller within 14 days of delivery. Products must be returned in the original packaging and in new condition.

The warranty period offered by the seller corresponds to that provided by the manufacturer's warranty. However, the seller is never responsible for the final suitability of the products for each specific use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply in the following cases:

– The consumer has repaired and/or modified the products on their own initiative or had them repaired and/or modified by third parties; – The products have been exposed to abnormal conditions or treated with negligence, or have been used in a manner not in accordance with the seller's instructions and/or what is indicated on the packaging; – The defect is wholly or partially caused by regulations issued or to be issued by the authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The seller will exercise the utmost care in receiving and executing orders for products.

The delivery address is understood to be the address communicated by the consumer to the seller.

In compliance with what is indicated in article 4 of these general terms and conditions, the seller will execute accepted orders with due speed and in any case within 30 days, unless a different delivery deadline has been agreed with the consumer. If delivery is delayed, or if the order cannot be fulfilled, even partially, the consumer will receive notification within 30 days of placing the order. In this case, the consumer has the right to terminate the contract without additional costs and has the right to possible compensation.

In case of termination according to the previous paragraph, the seller will refund the amount paid by the consumer as soon as possible, and in any case within 14 days of termination.

If delivery of an ordered product proves impossible, the seller will endeavor to provide a substitute product. At the time of delivery it will be communicated clearly and comprehensibly that it is a substitute product. For substitute products, the right of withdrawal cannot be excluded. Any return costs will be borne by the seller.

The risk of damage and/or loss of products is borne by the seller until the moment of delivery to the consumer or to a representative designated by them and notified to the seller, unless explicitly agreed otherwise.

Article 12 – Long-term contracts: duration, termination and renewal

Termination

The consumer may terminate a contract concluded for an indefinite duration, which provides for the regular delivery of products (including electricity) or services, at any time, in compliance with the agreed termination rules and with a maximum notice period of one month.

The consumer may terminate a contract concluded for a specific duration, which provides for the regular delivery of products (including electricity) or services, at any time, at the end of the established duration, in compliance with the agreed termination rules and with a maximum notice period of one month.

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

at any time without being bound to a specific deadline or a specific period;

at least in the same manner in which the contract was concluded;

always with the same notice period that the seller has provided for themselves.

Renewal

A contract concluded for a specific duration, which provides for the regular delivery of products (including electricity) or services, cannot be automatically renewed or extended for a specific period.

Notwithstanding the previous paragraph, a contract concluded for a specific duration, which provides for the regular delivery of daily newspapers, news and weekly magazines, may be automatically renewed for a specific period of maximum three months, if the consumer can terminate such renewed contract at the end of the renewal period with a maximum notice period of one month.

A contract concluded for a specific duration, which provides for the regular delivery of products or services, may be automatically renewed for an indefinite duration only if the consumer can terminate at any time with a maximum notice period of one month and with a maximum notice period of three months in case the contract provides for the regular delivery, but less than once a month, of daily newspapers, news and weekly magazines.

A limited duration contract for the regular delivery of daily newspapers, news and weekly magazines for trial or familiarization purposes is not automatically renewed and ends at the end of the trial or familiarization period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year, with a maximum notice period of one month, unless reasonableness and fairness prevent termination before the expiry of the agreed period.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the reflection period referred to in article 6, paragraph 1. In the case of a contract for the provision of a service, this deadline begins after the consumer has received confirmation of the contract.

The consumer is obliged to promptly notify the trader of any errors in the payment data provided or indicated.

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

Article 14 – Complaint Procedure

Complaints relating to the execution of the contract must be submitted in writing in a complete and clear manner to the trader within 7 days from the date on which the consumer detected the defects.

Complaints submitted to the trader will be resolved within a period of 14 days from the date of receipt. If a complaint requires a longer foreseeable processing time, the trader will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute will arise that will be subject to the dispute resolution procedure.

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

If a complaint is deemed founded by the trader, they will decide, at their choice, whether to replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to contracts between the trader and the consumer to which these general terms and conditions apply. This also applies in case the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced and tightened in 2024 regarding the "Amendment to the Value Added Tax Act 1968 (Implementation Act of the Directive on Payment Service Providers)" and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record data in the European CESOP system.