Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed personally to them in a way that makes future consultation and unchanged reproduction of the stored information possible;

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

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

Distance contract: a contract concluded within the framework of an organised system for the distance sale of products and/or services by the entrepreneur, whereby up to and including the moment of conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time;

General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: ELIRA VOGUE
Chamber of Commerce number: 76751570
Trade name: Bouwbedrijf Garcia
VAT number: NL003113944B11
Customer service email: support@eliravogue.com
Business address: Netherlands, Sterreschans 2, 1567CR Assendelft

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated, before the distance contract is concluded, that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be stated, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the remainder of the agreement and these terms and conditions shall remain in effect, and the relevant provision shall be replaced without delay, in mutual consultation, by a provision that approaches the purpose and intent of the original as closely as possible.

Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of these terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to certain conditions, this shall be expressly stated in the offer.

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

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

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed will exactly match the actual colours of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer. This particularly concerns:

  • The price, excluding customs clearance fees and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will, with regard to import, make use of the special arrangement for postal and courier services. This arrangement applies when the goods are imported into the EU country of destination, which in this case is applicable. The postal and/or courier service will collect the VAT (possibly together with the clearance fees charged) from the recipient of the goods;

  • Any shipping costs;

  • The manner in which the agreement will be concluded and which actions are required for this;

  • Whether or not 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 amount of the fee for distance communication if the cost of using the means of distance communication is calculated on a different basis than the regular base rate for the communication method used;

  • Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;

  • The way in which the consumer, before concluding the agreement, can check the information provided by them in connection with the agreement and, if desired, correct it;

  • Any other languages in which, besides Dutch, the agreement can be concluded;

  • The codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes of conduct electronically; and

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

Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.

The entrepreneur may – within legal boundaries – obtain information about whether the consumer can meet their payment obligations, as well as about any facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution thereof.

The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  1. the visiting address of the entrepreneur’s business location where the consumer can submit complaints;

  2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  3. information about guarantees and existing after-sales service;

  4. the information referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason for a period of 14 days. This cooling-off period starts on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, has received the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise the right of withdrawal, the consumer shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of the right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must do so in writing/by email. After notifying the entrepreneur of the intention to withdraw, the customer must return the product within 14 days to the place of origin. The consumer must be able to prove that the returned goods were sent back in time, for example by providing proof of shipment.

If, after the periods mentioned in paragraphs 2 and 3, the consumer has not notified the entrepreneur of their intention to use the right of withdrawal or has not returned the product to the entrepreneur, the purchase becomes final.

Article 7 – Costs in the Event of Withdrawal

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

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. that have been created by the entrepreneur in accordance with the consumer’s specifications;

  2. that are clearly of a personal nature;

  3. that, by their nature, cannot be returned;

  4. that can spoil or age quickly;

  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

  6. that are individual newspapers and magazines;

  7. that are audio or video recordings and computer software where the consumer has broken the seal;

  8. that are hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  1. relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;

  2. whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;

  3. relating to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are guide prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  1. they are the result of statutory regulations or provisions; or

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

The place of delivery is, pursuant to Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, in the country where the transport begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will charge the recipient import VAT and/or customs clearance fees. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged 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 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. 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 and claims that the consumer may assert against the entrepreneur under the agreement.

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

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;

  • The delivered products have been exposed to abnormal conditions, treated carelessly, or handled contrary to the instructions of the entrepreneur and/or the packaging;

  • The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the utmost care when receiving orders for products and when executing them.

The place of delivery is the address that the consumer has provided to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without cost and is entitled to possible compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to offer a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Term, Termination, and Renewal

Termination
The consumer may terminate an agreement concluded for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed period and which provides for the regular delivery of products (including electricity) or services, at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

In the cases referred to in the previous paragraphs, the consumer:

  • May terminate the agreement at any time and shall not be restricted to termination at a specific time or during a specific period;

  • May terminate the agreement in the same manner as it was entered into;

  • May always terminate the agreement with the same notice period that the entrepreneur has stipulated for themselves.

Renewal
An agreement concluded for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.

By way of derogation from the previous paragraph, an agreement concluded for a fixed period and which provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer may terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.

An agreement concluded for a fixed period and which provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and with a notice period of no more than three months in the case of agreements providing for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

An agreement for a fixed period for the regular delivery, by way of introduction, of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and will automatically end after the trial or introductory period.

Term
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer the reasonable costs made known in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has identified the defects.

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

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

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

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

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

Article 16 – CESOP

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