Terms of Service

Terms and Conditions

This website is operated by Elle & Co. Throughout the site, the terms "we", "us" and "our" refer to Elle & Co. Elle & Co offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
Reflection period: the period during which the consumer can exercise their right of withdrawal;
Consumer: a natural person not acting in the exercise of a profession or business and who enters into a distance agreement with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance agreement relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable medium: any device that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s right to cancel the distance agreement within the reflection period;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance agreement: an agreement concluded in the context of an organized system for distance sales of products and/or services, where only remote communication techniques are used up to and including the conclusion of the agreement;
Remote communication technique: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same space;
Terms and Conditions: these present general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Business Name: On Request
Email Address: info@elleconewyork.com
Chamber of Commerce Number: On Request
Address: On Request

Article 3 – Applicability

These terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.

Before the distance contract is concluded, the consumer will be provided with the text of these terms and conditions. If this is not reasonably possible, the entrepreneur will indicate, before the contract is concluded, how the terms and conditions can be accessed and that they will be sent free of charge upon request.

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

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

If any provision of these terms is found to be void or annulled in whole or in part at any time, the rest of the agreement and terms will remain in effect, and the invalid provision will be replaced in mutual consultation by a valid provision that closely matches the intent of the original.

Situations not covered by these terms must be assessed according to the spirit of these terms.

Uncertainties about the interpretation or content of one or more provisions should be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is made under conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

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

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

Each offer contains information that makes it clear to the consumer what their rights and obligations are upon accepting the offer. This includes:

  • The price, excluding customs clearance fees and import VAT. These additional costs are the customer’s responsibility. The postal or courier service will apply the special scheme for postal and courier services regarding imports into the EU. The VAT will be collected by the carrier;

  • Any shipping costs;

  • The method of contract formation and what actions are required for that;

  • Whether 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 rate for distance communication if it differs from the base rate;

  • Whether the contract will be archived and how the consumer can access it;

  • How the consumer can check and, if needed, correct the provided information;

  • The possible languages in which the agreement can be concluded besides Dutch;

  • Codes of conduct to which the entrepreneur adheres and how the consumer can consult them;

  • The minimum duration of the distance contract in the case of a long-term transaction;

  • Optional: available sizes, colors, and materials.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and meets the stated conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance. Until this confirmation is received, the consumer may dissolve the agreement.

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

The entrepreneur may, within the law, verify whether the consumer can meet their payment obligations and consider other relevant facts for a responsible distance contract. If the entrepreneur has good reason not to enter into the agreement, they may refuse an order or attach special conditions.

With the product or service, the entrepreneur will provide the following information:

  1. The business address where the consumer can lodge complaints;

  2. The conditions and procedures for exercising the right of withdrawal or a clear indication if this right is excluded;

  3. Information about after-sales service and warranties;

  4. The information from Article 4, unless already provided;

  5. The conditions for terminating the agreement if it is of more than one year's duration or indefinite.

In the case of a long-term transaction, this information applies only to the first delivery.

Each agreement is subject to the condition of sufficient product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract within 14 days without giving reasons. The reflection period starts the day after the consumer or a designated third party receives the product.

During the reflection period, the consumer shall handle the product and packaging with care, unpacking or using it only as necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging, following the entrepreneur’s instructions.

To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or via email within 14 days of receiving the product. After this notification, the consumer must return the product within 14 days. Proof of timely return, such as a shipment receipt, is required.

If the consumer has not notified the entrepreneur or returned the product within the specified periods, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products is their responsibility.

If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after withdrawal, provided the returned product has been received or the consumer has provided proof of return.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for certain products or services, provided this is clearly stated before concluding the contract.

Exclusion is only possible for products:

  1. Made to the consumer's specifications;

  2. Clearly personal in nature;

  3. Which by nature cannot be returned;

  4. That spoil or age quickly;

  5. Whose price depends on market fluctuations beyond the entrepreneur’s control;

  6. Newspapers and magazines;

  7. Audio/video recordings and software with broken seals;

  8. Hygiene products with broken seals.

Exclusion is only possible for services:

  1. Related to accommodation, transport, catering, or leisure activities on specific dates;

  2. Started with the consumer’s explicit consent before the reflection period ended;

  3. Related to betting and lotteries.

    Article 9 – The Price

    During the validity period stated in the offer, prices of the products and/or services will not be increased, except for price changes due to VAT rate changes.

    By way of exception, the entrepreneur may offer products or services with variable prices if those prices depend on fluctuations in the financial market that are beyond the entrepreneur’s control. This is stated in the offer.

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

    Price increases after 3 months are only allowed if:

    1. They result from legal regulations or provisions; or

    2. The consumer has the right to terminate the agreement from the day the price increase takes effect.

    The place of delivery, according to Article 5, paragraph 1 of the Dutch VAT Act 1968, is where transport begins. In this case, the delivery takes place outside the EU. Therefore, VAT/import duties will be collected by the courier. The entrepreneur will not charge VAT.

    All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for such errors. In case of errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

    Article 10 – Conformity and Warranty

    The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of soundness and usability, and with existing legal provisions and regulations on the date of the agreement.

    If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

    A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights of the consumer.

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

    The entrepreneur’s warranty period matches that of the manufacturer. The entrepreneur is never liable for the product's suitability for any particular purpose by the consumer, nor for advice regarding its use.

    The warranty does not apply if:

    • The consumer has repaired and/or altered the product themselves or had it repaired/altered by third parties;

    • The product was exposed to abnormal conditions or handled improperly;

    • The defect results from government regulations regarding materials used.

    Article 11 – Delivery and Execution

    The entrepreneur will take the greatest possible care in receiving and executing orders.

    Taking into account what is stated in Article 4, the entrepreneur will execute accepted orders promptly but no later than within 30 days, unless a longer delivery time was agreed with the consumer.

    If delivery is delayed or cannot be fulfilled in full, the consumer will be informed within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation.

    If the agreement is dissolved under the above terms, the entrepreneur will refund any amount paid as soon as possible but no later than 14 days after dissolution.

    If delivery of a product proves impossible, the entrepreneur will make an effort to offer a replacement item. This will be communicated clearly at the latest upon delivery.

    For replacement items, the right of withdrawal cannot be excluded. Return shipping costs for replacements are at the entrepreneur’s expense.

    The risk of damage and/or loss lies with the entrepreneur until delivery to the consumer or a pre-designated third party, unless otherwise agreed.

    Article 12 – Long-term Transactions: Duration, Termination, and Renewal

    Termination
    The consumer may terminate an agreement entered into for an indefinite period and involving regular delivery of products 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 for the regular delivery of products or services at the end of the term with a notice period of no more than one month.

    The consumer can:

    • Cancel at any time and not be limited to cancellation at a specific time or period;

    • Cancel via the same method the agreement was entered into;

    • Always cancel with the same notice period as the entrepreneur applies.

    Renewal
    A fixed-term agreement for regular delivery may not be renewed automatically for another fixed term.

    By exception, a fixed-term agreement for delivery of daily/weekly newspapers or magazines may be renewed automatically for up to three months, provided the consumer can cancel with a notice period of one month.

    An agreement for a fixed term may be renewed automatically for an indefinite period only if the consumer can cancel at any time with a one-month notice, or three months if it concerns monthly or less frequent deliveries.

    A trial or introductory subscription automatically ends after the trial period and is not renewed.

    Duration
    If an agreement has a term of more than one year, the consumer may cancel at any time after one year with a notice period of one month, unless doing so earlier would be unreasonable.

    Article 13 – Payment

    Unless otherwise agreed, amounts due must be paid within 7 working days after the reflection period begins as stated in Article 6(1). In the case of a service agreement, this period starts after the consumer has received confirmation.

    The consumer must report any inaccuracies in provided or stated payment details to the entrepreneur without delay.

    In case of non-payment by the consumer, the entrepreneur is entitled, within legal limits, to charge the consumer any previously disclosed reasonable costs.

    Article 14 – Complaints Procedure

    Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defect.

    Complaints submitted to the entrepreneur will be answered within 14 days. If a complaint requires longer processing time, the consumer will receive an acknowledgment within 14 days with an estimate of when a full response will be given.

    If a complaint cannot be resolved by mutual agreement, it becomes a dispute subject to dispute resolution.

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

    If a complaint is justified, the entrepreneur will either replace or repair the delivered products at no cost.

    Article 15 – Disputes

    Agreements between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

    Article 16 – Contact Information

    Questions about the Terms of Service can be directed to us at:
    📧 info@elleconewyork.com