General conditions
Article 1 - Definitions
Capitalized terms in these general terms and conditions shall have the following meanings, unless expressly stated otherwise:
- Elvou: the user of these general conditions, being "Elvou B.V." located in Rosmalen (5248 NT) at Berlicumseweg 8h;
- Consumer: you, as the person entering into a contract with Elvou/the other party to Elvou;
- Party(s): Elvou and Consumer together, each separately also a "Party".
Article 2 - Applicability of general conditions
- These general conditions apply to all quotes, offers, work, contracts and any other legal relationship between Elvou and Consumer.
- Amendments to the agreement and deviations from these general terms and conditions shall only be effective if they have been agreed in writing between the Parties.
- Should any provision of these general terms and conditions be void or non-binding, the other provisions shall remain in full force and effect. The parties shall replace the void or non-binding provision(s) by a provision that is binding and whose purport is as similar as possible to the provision(s) to be replaced, taking into account the purpose and purport of these general terms and conditions.
Article 3 - Formation of agreement
- All quotes and/or quotations (in any form) issued by Elvou are always without obligation and may be revoked by Elvou at any time.
- The agreement between Elvou and Consumer is established as soon as Elvou has received an order from Consumer and has confirmed it by means of an order confirmation.
- Orders or orders from Consumers will only be processed by Elvou if the amount due has been paid and correct and complete details are provided with the order. Elvous is entitled to refuse incorrect, incomplete and/or unclear orders (in which case no agreement will be established). Elvou is not liable for any damage caused by the fact that Consumer has provided incorrect, unclear and/or incomplete data or the data was not provided in time.
- The use and possible abuse of the login data of Consumer, is at the expense and risk of Consumer. Elvou may assume that actions on the website performed after registration and entry of the login and/or registration data, are or will be performed by Consumer.
- If Consumer changes an order and Elvou agrees to this change, Elvou is entitled to charge Consumer for all (additional) costs due to the change, including the costs already incurred in connection with the execution of the original order.
Article 4 - Prices and payment
- All Elvou prices are exclusive of VAT and/or any other duty or tax, unless expressly stated otherwise.
- All Elvou prices do not include transportation/shipping charges unless otherwise expressly stated.
- Payment by Consumer shall be made upon placing the order, without recourse to discount and/or set-off by bank transfer or payment systems such as iDEAL, PayPal or by credit card. Goods will not be delivered until payment thereof is received by Elvou.
Article 5 - Right of withdrawal
- Consument kan de koopovereenkomst kosteloos ontbinden tot veertien dagen na ontvangst van de bestelde goederen (de “Bedenktijd”). Een ontbindingsverzoek kan worden ingediend per e-mail op: info@elvou.com. Consument zal hiervan een ontvangstbevestiging ontvangen.
- Consumer must return to Elvou, at its own expense, the goods for which it timely invokes the right of withdrawal, within fourteen days of its invocation.
- If the goods are damaged and/or used, or not returned in the original packaging then Elvou is not obliged to return the full amount to Consumer.
Article 6 - Packaging and shipping
- Elvou will pack the goods properly so that the goods reach their destination in good condition during normal transportation.
- The Goods shall be shipped by Elvou for delivery to the place or places designated by Consumer in the ways specified in the order or subsequently agreed upon. Unless otherwise agreed, Elvou shall be entitled to determine the method of shipment (transport company, packaging, etc.) at its sole discretion.
- Shipping costs are always the responsibility of Consumer.
- Indicated delivery times are indicative only. Exceeding a delivery period does not entitle Consumer to compensation or the right to dissolve the agreement.
Article 7 - Conformity of goods
- Elvou guarantees that the goods comply with the agreement, the specifications mentioned in the offer and the reasonable requirements of soundness and/or usability of the delivered goods, insofar as there is normal use of the delivered goods. Normal use means use according to the instructions for use.
- The warranty set forth in Article 7.1 does not apply if:
- the Consumer has processed the delivered goods himself or had them processed by third parties;
- the Consumer has exposed the delivered goods to abnormal conditions or otherwise treated or used them carelessly or contrary to the instructions for use.
- The goods sold by Elvou have been tested and Elvou holds a 100%-Clean Label in this context.
- Elvou shall never be liable towards Consumer for damages resulting from processing of the goods, exposure to abnormal conditions of the goods, careless handling and/or preservation of the goods and/or use of the goods contrary to the manual.
Article 8 - Duty of investigation and complaint
- Consument is verplicht de goederen binnen 24 uur na levering op eventuele tekortkomingen, gebreken en/of beschadigingen te controleren. Consument dient zichtbare gebreken binnen 48 uur na levering en niet-zichtbare gebreken binnen 48 uur na het ontdekken daarvan schriftelijk te melden bij Elvou. Meldingen kunnen worden gedaan aan: info@elvou.com. Na het verstrijken van de voornoemde termijn(en) kan Consument geen beroep meer doen op een gebrek in de geleverde goederen.
- If Consumer's complaint is deemed well-founded in Elvou's opinion, Elvou will, without being obliged to pay any further compensation, at Consumer's option: repair or replace the delivered goods (at least the defective part). If repair/replacement is not possible, then Consumer may dissolve the agreement (partially) and Elvou will refund (part of) the invoice amount.
- If (part of) the Agreement is rescinded in line with article 8.2, Consumer shall return the relevant goods to Elvou within fourteen (14) days from the moment of rescission. Return must be in the original packaging or other comparable/appropriate packaging. Costs for return shipment will be for Elvou's account.
- Any damage to the Goods in the period between delivery to Consumer and (return) receipt by Elvou shall be borne by Consumer. Elvou shall be entitled to set off any damage incurred during the aforementioned period against any claim of Consumer.
Article 9 - Transfer of ownership and risk
Unless otherwise provided in these general terms and conditions, ownership of and risk for the goods shall pass to Consumer at the time of receipt of the goods by Consumer.
Article 10 - Force majeure
- An indicated delivery period will be extended by the period, during which Elvou is prevented from fulfilling its obligations due to force majeure.
- Force majeure on the part of Elvou means, in addition to what is understood by it in the law and jurisprudence, all external causes, foreseen or unforeseen, over which Elvou has no influence, but which prevent Elvou from fulfilling its obligations under the agreement (or its preparations), such as (for example) as a result of war, terrorism, business interruptions, a pandemic or epidemic, (work) strikes, fire, water damage flooding, internet failure, failure of (software) systems, defects in machinery, occupation, import and export impediments, failure in the supply of energy, lack of raw materials, government measures, all this both at Elvou's company and at third parties engaged by Elvou (e.g. for necessary materials or raw materials, storage or transport) and also due to all other causes, which are beyond Elvou's fault or sphere of risk.
- If due to force majeure the delivery is delayed for more than two (2) months, Consumer is authorized to dissolve the Agreement. If due to force majeure, Elvou's fulfillment of the Agreement is practically impossible, each Party is authorized to dissolve the Agreement.
- If the force majeure occurs, while the agreement has already been partially executed, then Consumer is obliged to keep the already delivered part of the goods and pay the purchase price due for it, unless the Parties agree otherwise in writing.
Article 11 - Liability
- Elvou's liability shall at all times be limited to the amount covered by its liability insurance. If in any case the insurer does not pay out, Elvou's liability shall be limited to a maximum of the invoice amount of the order in question from which the damage resulted.
- Elvou's liability is limited to the performance of free repair of a defective good to replacement of the good, at Consumer's option, if and insofar as Consumer's damage relates to a defective or wrong number of delivered goods.
- Damage suffered by Consumer as a result of the use of the goods can only be recovered from Elvou if Consumer can prove that a) the goods were used in line with the instructions for use, and b) the goods were stored in a proper manner, and c) the goods were not processed, and d) the damage suffered is the direct result of the use of only the delivered goods.
- Under no circumstances shall Elvou be liable for damages resulting from acts or omissions of Consumer, such as failure to adequately package, improperly store and/or adequately protect the goods, as well as failure to use the goods in line with the instructions for use.
- In case of intentional or deliberate recklessness on the part of Elvou, its liability is not limited.
Article 12 - Instructions for use
- It is essential that Consumer use the goods according to the instructions in the instructions for use belonging to the relevant product.
- Under no circumstances shall Elvou be liable for damages that result from Consumer making a mistake in using the goods, such as not using the goods according to the instructions for use.
Article 13 - Intellectual property
All intellectual property rights to trade/brand names, logos, domain names and other items used for the purpose of and during the performance of the agreement belong in property to Elvou Consumer is not entitled to use, copy or simplify the trade/brand names, logos, domain names and/or other items unless Elvou has given its written consent.
Article 14 - Termination and suspension
- Elvou shall be entitled to terminate all or part of the Agreement with immediate effect and/or (at Elvou's option) suspend all or part of its obligations under the Agreement in the event that:
- of (a petition for) bankruptcy of Consumer;
- The Natural Persons Debt Rescheduling Act (WSNP) becomes applicable to Consumer;
- Consumer's property is seized or Consumer otherwise loses free control of its assets;
- Consumer engages in spam or phishing or any other obscene or immoral purpose, as well as if Customer uses Elvou's goods for illegal or unauthorized purposes, or violates laws and/or regulations;
- Consumer violates IP rights of Elvou;
- Consumer damages Elvou's good name, in Elvou's opinion;
- Consumer is in default of one or more obligations under the agreement (including these terms and conditions).
- Consumer dies.
- In the event of termination under this Article, Consumer shall be liable for damages suffered by Elvou, including, but not limited to, reasonable compensation for loss or loss of profits suffered by Elvou. Any amounts already paid by Consumer Elvou under the Agreements need not be refunded by Elvou in the event of cancellation under this Article.
Article 15 - Reviews
- Consumer can leave a review. Elvou has the right to post only a selection of consumer-generated reviews on its website. In selecting reviews, Elvou may take into account, among other things, general standards of decency, which shall be at Elvou's sole discretion.
- Consumer acknowledges and accepts that the reviews visible on Elvou's website may not fully reflect all reviews made. No rights can be derived from the reviews.
Article 16 - Personal data
Consumer, upon entering into the agreement/placing the order, agrees to the processing of personal data by Elvou in the performance of the agreement and/or other processing as described in the Privacy Policy. The Privacy Policy can be found here.
Article 17 - Applicable law and dispute resolution
- All agreements between Elvou and Consumer are governed by Dutch law. The Vienna Sales Convention does not apply to the agreements.
- All disputes between Elvou and Consumer will be judged and settled exclusively by the competent court of the district of Consumer's residence.
Article 18 - Identity of the seller
Elvou B.V.
Berlicumseweg 8h
5248 NT Rosmalen
Telefoon: 06 45 42 73 17
E-mailadres: info@elvou.com
Chamber of Commerce number: 91615216
BTW-identificatienummer: NL865712992B01