General terms and conditions

General Terms and Conditions

Table of Contents

  • Article 1 – Definitions

  • Article 2 – Identity of the Entrepreneur

  • Article 3 – Applicability

  • Article 4 – The Offer

  • Article 5 – The Agreement

  • Article 6 – Right of Withdrawal

  • Article 7 – Obligations of the Consumer During the Withdrawal Period

  • Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs

  • Article 9 – Obligations of the Entrepreneur in the Event of Withdrawal

  • Article 10 – Exclusion of the Right of Withdrawal

  • Article 11 – The Price

  • Article 12 – Fulfilment and Additional Warranty

  • Article 13 – Delivery and Performance

  • Article 14 – Duration Transactions: Duration, Termination and Extension

  • Article 15 – Payment

  • Article 16 – Complaints Procedure

  • Article 17 – Disputes

  • Article 18 – Additional or Diverging Provisions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. Additional Agreement: An agreement by which the consumer obtains products, digital content, and/or services in connection with a distance contract, and these are supplied by the trader or a third party based on an agreement between the third party and the trader.

  2. Withdrawal Period: The period within which the consumer can make use of the right of withdrawal.

  3. Consumer: The natural person who is not acting for purposes related to their trade, business, craft, or profession.

  4. Day: Calendar day.

  5. Digital Content: Data produced and delivered in digital form.

  6. Continuing Performance Contract: A contract for the regular supply of goods, services, and/or digital content over a specified period.

  7. Durable Data Carrier: Any device that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period aligned with the purpose of the information, and that allows unchanged reproduction.

  8. Right of Withdrawal: The consumer’s ability to cancel the distance contract within the withdrawal period.

  9. Trader: The natural or legal person offering products, (access to) digital content and/or services to consumers remotely.

  10. Distance Contract: A contract concluded between the trader and the consumer as part of an organized system for the remote sale of products, digital content, and/or services using only or partly remote communication methods until the contract is concluded.

  11. Model Withdrawal Form: The European model withdrawal form included in Annex I. This form does not have to be provided if the consumer has no right of withdrawal.

  12. Means of Remote Communication: Any tool used for concluding a contract without the consumer and trader being in the same place at the same time.

Article 2 – Identity of the Entrepreneur

Elitte BV
Keizersgracht 520H, 1017EK, Amsterdam, The Netherlands
Email: klantenservice@elitte.nl
Chamber of Commerce number: 89799658
VAT number: NL865114444B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer by the trader and to every distance contract concluded between the trader and consumer.

  2. 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, the trader shall indicate how the conditions can be accessed and that they will be sent free of charge upon request.

  3. If the contract is concluded electronically, the text may also be provided electronically in a manner that allows storage on a durable data carrier.

  4. If additional product or service terms apply, the consumer may always rely on the provision most favorable to them in the event of conflicting terms.

Article 4 – The Offer

  1. If an offer is subject to limited duration or conditions, this will be explicitly stated.

  2. The offer will include a complete and accurate description of the products, services, and/or digital content.

  3. The offer will clearly state the rights and obligations involved with acceptance.

Article 5 – The Agreement

  1. The agreement is concluded when the consumer accepts the offer and complies with the conditions.

  2. The trader confirms receipt of acceptance electronically if accepted that way. Until confirmation, the consumer may cancel.

  3. The trader ensures secure data transfer and a safe web environment for electronic transactions.

  4. The trader may verify the consumer's ability to fulfill payment obligations and decline orders with reasons.

  5. Upon delivery, the trader shall provide information on withdrawal, warranties, total price (incl. taxes), delivery costs, and performance method.

  6. For ongoing agreements, this only applies to the first delivery.

Article 6 – Right of Withdrawal (Products)

  1. The consumer may cancel a purchase within at least 14 days without giving a reason.

  2. The withdrawal period starts the day after the consumer or a designated third party receives the product, or:
    a. the last item in case of multiple deliveries;
    b. the last part in case of partial deliveries;
    c. the first product in ongoing deliveries.

  3. If mandatory information is provided late, the period ends 14 days after it's received.

Article 7 – Consumer Obligations During Withdrawal Period

  1. The consumer must handle the product and packaging with care and only unpack/use as necessary to inspect the item as in a store.

  2. The consumer is liable for depreciation if used beyond allowed inspection.

  3. No liability applies if required information about withdrawal was not provided.

Article 8 – Exercising the Right of Withdrawal and Costs

  1. Withdrawal must be communicated using the form or a clear statement.

  2. The product must be returned within 14 days after notice of withdrawal.

  3. Return with all accessories, in original condition and packaging.

  4. Consumer bears the risk and burden of proof.

  5. Return costs are the consumer’s responsibility unless otherwise stated.

  6. If service begins during the withdrawal period, the consumer pays proportionally.

  7. No costs for utilities if not properly informed or consent wasn't given.

  8. No costs for digital content without explicit prior consent and acknowledgement of withdrawal loss.

  9. All related contracts are automatically canceled.

Article 9 – Trader's Obligations in Case of Withdrawal

  1. The trader confirms receipt of withdrawal notice.

  2. Refund all payments including standard delivery costs within 14 days.

  3. Use the same payment method unless agreed otherwise.

  4. No refund of extra costs for non-standard delivery.

Article 10 – Exclusion of Right of Withdrawal

The trader may exclude the following if clearly stated before the contract:

  1. Sealed goods not suitable for return for health/hygiene reasons if unsealed.

  2. Goods irreversibly mixed with others after delivery.

Article 11 – The Price

  1. Prices won’t increase during the offer’s validity except for VAT changes.

  2. Price fluctuations due to financial market are exempt and will be disclosed.

  3. All prices include VAT.

Article 12 – Fulfilment and Additional Warranty

  1. The trader guarantees products/services conform to the contract and legal requirements.

  2. Additional guarantees do not affect legal rights.

  3. An additional guarantee is any extra commitment beyond legal obligation.

Article 13 – Delivery and Performance

  1. The trader handles orders with care.

  2. Delivery address is what the consumer provides.

  3. Delivery is within 30 days unless otherwise agreed. Delays give the consumer the right to cancel.

  4. Canceled orders are refunded promptly.

  5. Risk transfers upon delivery unless otherwise agreed.

Article 14 – Duration Transactions

Termination:

  1. Open-ended contracts may be terminated at any time with one month's notice.

  2. Fixed-term contracts can be canceled at the end with one month's notice.

  3. Termination must be possible at any time, by the same means as agreed, with equal notice for both parties.

Article 15 – Payment

  1. Payments are due within 14 days of the withdrawal period or after the contract date.

  2. The consumer must report incorrect payment details promptly.

  3. Late payments incur legal interest and collection fees (max 15% of €2,500, 10% of next €2,500, 5% of next €5,000, with a minimum of €40).

Article 16 – Complaints Procedure

  1. The trader has a complaints procedure and handles complaints accordingly.

  2. Complaints must be submitted clearly and in a timely manner.

  3. Complaints will be answered within 14 days; complex issues will receive an update.

  4. The consumer must give the trader 4 weeks to resolve the complaint before escalating.

Article 17 – Disputes

  1. Dutch law exclusively applies to agreements covered by these terms.

Article 18 – Additional or Diverging Provisions

Additional or deviating provisions may not be to the consumer’s detriment and must be in writing or stored accessibly on a durable data carrier.