General Terms and Conditions of Elan, located at Hessenweg 229 in Achterveld.
\nChamber of Commerce: 67468640, version valid from 2024-07-04<\/p>\n
1. General<\/strong><\/p>\n 1.1 These general terms and conditions apply to every offer from Elan and to every agreement concluded between Elan and the consumer. The terms and conditions are accessible to everyone and are included on the Elan website. Upon request, we will send you a written copy. <\/p>\n <\/p>\n 1.2 By placing an order, you indicate that you agree to the delivery and payment terms. Elan reserves the right to change its delivery and\/or payment terms after the expiry of the term. <\/p>\n <\/p>\n 1.3 Unless otherwise agreed in writing, general or specific terms or clauses of third parties are not recognized by Elan.<\/p>\n <\/p>\n 1.4 Elan guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.<\/p>\n <\/p>\n 2. Delivery<\/strong><\/p>\n 2.1 Delivery takes place while stocks last.<\/p>\n <\/p>\n 2.2 Within the framework of distance selling rules, Elan will execute orders at least within 30 days, unless another delivery period has been agreed upon. If delivery within 30 days or the otherwise agreed delivery time is not possible (because the ordered item is out of stock or no longer available), or if there is a delay for other reasons, or if an order cannot be executed or can only be partially executed, the consumer will receive notice within 1 month after placing the order and in that case has the right to cancel the order without costs or notice of default. <\/p>\n <\/p>\n 2.3 Elan’s delivery obligation shall, subject to proof to the contrary, be deemed fulfilled once the goods delivered by Elan have been offered to the customer on one occasion. In the case of home delivery, the carrier’s report, containing the refusal of acceptance, shall serve as full proof of the offer of delivery. <\/p>\n <\/p>\n 2.4 All terms mentioned on the website are indicative. Therefore, no rights can be derived from the mentioned terms. <\/p>\n <\/p>\n 3. Prices<\/strong><\/p>\n 3.1 Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.<\/p>\n <\/p>\n 3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. <\/p>\n <\/p>\n 3.3 All prices on the site are in Euros and include 9% VAT.<\/p>\n <\/p>\n 4. Cooling-off period \/ right of withdrawal<\/strong><\/p>\n 4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving a reason. This period begins at the moment the ordered items are delivered. Before proceeding with a return, the customer is obliged to report this in writing to Elan within the period of 14 working days after receipt. If the customer has not reported the use of the legal right of return within the cooling-off period of 14 days after receipt, the purchase is final. During the reflection 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 the nature, characteristics, and functioning of the product. If they exercise their right of withdrawal, they will return the product to the entrepreneur within 28 days after receipt, in accordance with the reasonable and clear instructions provided by the entrepreneur. <\/p>\n <\/p>\n The customer must prove that the delivered items were returned on time, for example by means of proof of postal delivery. Return of the items must take place in the original packaging (including accessories and associated documentation) and in new condition. If the items have been used, encumbered, or damaged in any way by the customer, Elan reserves the right to charge for depreciation. Subject to the provisions of the previous sentence, Elan will ensure a refund within 14 days after proper receipt of the return shipment or 14 days after proof of return (the contents of the return shipment must be explicitly stated on the shipping proof). When returning the entire purchase, the full purchase amount including any calculated shipping and\/or payment costs will be refunded to the customer. When returning only part of the received purchases, only the purchase value of the returned items will be refunded. Additional costs resulting from a more expensive shipping method than the cheapest standard delivery are never reimbursed. The return of the delivered items is entirely at the expense and risk of the customer. <\/p>\n <\/p>\n 4.2 The right of withdrawal does not apply to:<\/p>\n \u2022 service contracts, after full performance of the service, and only when the performance has begun with the consumer’s express prior consent and the consumer has declared that they lose their right of withdrawal as soon as the entrepreneur has fully performed the contract;<\/p>\n \u2022 goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence and which may occur within the withdrawal period;<\/p>\n \u2022 goods manufactured according to the consumer’s specifications, for example custom-made, or which have a clearly personal character;<\/p>\n \u2022 products whose shelf life has expired within the 14-day reflection period (perishables);<\/p>\n \u2022 sealed products that are not suitable for return for health or hygiene reasons and whose seal has been broken after delivery;<\/p>\n \u2022 sealed audio\/video or software carriers whose seal has been broken;<\/p>\n \u2022 for goods or services that by their nature cannot be returned, for example due to hygiene or that can spoil or age quickly;<\/p>\n \u2022 the delivery of individual newspapers and magazines.<\/p>\n <\/p>\n 5. Data management<\/strong><\/p>\n 5.1 If you place an order with Elan, your data will be included in Elan’s customer database. Elan complies with the Personal Records Act and will not provide your data to third parties. See our Privacy Policy. <\/p>\n <\/p>\n 5.2 Elan respects the privacy of the users of the website and ensures confidential treatment of your personal data.<\/p>\n <\/p>\n 5.3 Elan uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list. <\/p>\n <\/p>\n 6. Warranty and conformity<\/strong><\/p>\n 6.1 The entrepreneur guarantees that the products and\/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and\/or usability, and the legal provisions and\/or government regulations existing on the date the agreement was concluded.<\/p>\n <\/p>\n 6.2 An arrangement offered as a guarantee by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur regarding a failure in the fulfillment of the entrepreneur’s obligations based on the law and\/or the distance agreement.<\/p>\n <\/p>\n 6.3 If it appears that the delivered item is incorrect, unsound, or incomplete, the customer must (before proceeding with a return to Elan) report these defects in writing to Elan within 2 months after discovery of the defect. Return of the items must take place in the original packaging (including accessories and associated documentation). Use after discovery of a defect, damage occurring after discovery of a defect, encumbrance, and\/or resale after discovery of a defect, completely voids this right to complain and return. <\/p>\n <\/p>\n 6.4 If complaints from the customer are found to be justified by Elan, Elan will, at the consumer’s choice, repair or replace the delivered items free of charge. Any liability of Elan for damage is limited to a maximum of the invoice amount of the items concerned, or (at Elan’s choice) to the maximum amount covered by Elan’s liability insurance in the relevant case. Any liability of Elan for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage, or damage due to lost profit. <\/p>\n <\/p>\n 6.5 Elan is not liable for damage caused by intent or equivalent conscious recklessness of non-management personnel.<\/p>\n <\/p>\n 6.6 This warranty does not apply if: A) and as long as the customer is in default towards Elan; B) the customer has repaired and\/or modified the delivered items themselves or has had them repaired\/modified by third parties. C) the delivered items have been exposed to abnormal circumstances or are otherwise treated carelessly or in violation of Elan’s instructions and\/or the instructions for use on the packaging; <\/p>\n <\/p>\n 7. Offers<\/strong><\/p>\n 7.1 Offers are without obligation, unless otherwise stated in the offer.<\/p>\n <\/p>\n 7.2 Upon acceptance of a non-binding offer by the buyer, Elan reserves the right to revoke or deviate from the offer within a period of 3 working days after receipt of that acceptance.<\/p>\n <\/p>\n 7.3 Verbal commitments only bind Elan after they have been explicitly confirmed in writing.<\/p>\n <\/p>\n 7.4 Elan’s offers do not automatically apply to repeat orders.<\/p>\n <\/p>\n 7.5 Elan cannot be held to its offer if the customer should have understood that the offer, or part thereof, contained an obvious mistake or clerical error.<\/p>\n <\/p>\n 7.6 Additions, changes, and\/or further agreements are only effective if agreed upon in writing.<\/p>\n <\/p>\n 8. Agreement<\/strong><\/p>\n 8.1 An agreement between Elan and a customer is concluded after an order has been assessed for feasibility by Elan.<\/p>\n <\/p>\n 8.2 Elan reserves the right not to accept orders or assignments without giving reasons, or to accept them only on the condition that the shipment takes place cash on delivery or after prepayment.<\/p>\n <\/p>\n 9. Images and specifications<\/strong><\/p>\n 9.1 All images; photos, drawings, etc.; including data regarding weights, dimensions, colors, images of labels, etc. on the Elan website are only approximate, are indicative, and cannot be a reason for compensation or dissolution of the agreement.<\/p>\n <\/p>\n 10. Force Majeure<\/strong><\/p>\n 10.1 Elan is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.<\/p>\n <\/p>\n 10.2 Force majeure is understood to mean any external cause, as well as any circumstance, which should not reasonably be at its risk. Delays at or default by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in email traffic, and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and\/or manufacturers of Elan as well as auxiliary persons, illness of personnel, defects in auxiliary or transport means explicitly count as force majeure. <\/p>\n <\/p>\n 10.3 In the event of force majeure, Elan reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed such that execution remains possible. In no case is Elan obliged to pay any fine or compensation. <\/p>\n <\/p>\n 10.4 If Elan has already partially fulfilled its obligations at the onset of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or deliverable separately, and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value. <\/p>\n <\/p>\n 11. Liability<\/strong><\/p>\n 11.1 Elan is not liable for damage caused to vehicles or other objects resulting from incorrect use of the products. Before use, read the instructions on the packaging and\/or consult our website. <\/p>\n <\/p>\n 12. Retention of title<\/strong><\/p>\n 12.1 Ownership of all items sold and delivered by Elan to the customer remains with Elan as long as the customer has not fulfilled Elan’s claims under the agreement or previous or subsequent similar agreements, as long as the customer has not yet paid for the work performed or to be performed under these or similar agreements, and as long as the customer has not yet fulfilled Elan’s claims due to failure to comply with such obligations, including claims regarding fines, interest, and costs, all as referred to in Article 3:92 of the Dutch Civil Code.<\/p>\n <\/p>\n 12.2 The items delivered by Elan which fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.<\/p>\n <\/p>\n 12.3 The customer is not authorized to pledge or in any other way encumber the items falling under the retention of title.<\/p>\n <\/p>\n 12.4 The customer already now gives unconditional and irrevocable permission to Elan or a third party to be appointed by Elan to, in all cases in which Elan wants to exercise its property rights, enter all those places where its property will then be located and to take those items with them.<\/p>\n <\/p>\n 12.5 If third parties seize the items delivered under retention of title or wish to establish or assert rights thereto, the customer is obliged to inform Elan thereof as soon as can reasonably be expected.<\/p>\n <\/p>\n 12.6 The customer undertakes to insure the items delivered under retention of title and to keep them insured against fire, explosion, and water damage as well as against theft, and to provide the policy of this insurance for inspection to Elan upon first request.<\/p>\n <\/p>\n 13. Applicable law\/competent court<\/strong><\/p>\n 13.1 Dutch law applies to all agreements.<\/p>\n <\/p>\n 13.2 Disputes arising from an agreement between Elan and the buyer, which cannot be resolved in mutual consultation, will be heard by the competent court within the district of Breda, unless Elan prefers to submit the dispute to the competent court of the buyer’s place of residence, and with the exception of those disputes that fall within the competence of the subdistrict court.<\/p>\n","protected":false},"excerpt":{"rendered":" General Terms and Conditions of Elan, located at Hessenweg 229 in Achterveld. Chamber of Commerce: 67468640, version valid from 2024-07-04 Elan General Terms and Conditions 1. General 1.1 These general terms and conditions apply to every offer from Elan and to every agreement concluded between Elan and the consumer. 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