Terms & Conditions

General Terms and Conditions

Table of Contents:

  • Article 1 – Definitions
  • Article 2 – Identity of Elvorial
  • Article 3 – Applicability
  • Article 4 – The Offer
  • Article 5 – The Agreement
  • Article 6 – Right of Withdrawal
  • Article 7 – Consumer Obligations During the Reflection Period
  • Article 8 – Exercising the Right of Withdrawal and Associated Costs
  • Article 9 – Obligations of Elvorial in Case of Withdrawal
  • Article 10 – Exclusion of the Right of Withdrawal
  • Article 11 – The Price
  • Article 12 – Compliance and Extra Guarantee
  • Article 13 – Delivery and Execution
  • Article 14 – Long-Term Transactions: Duration, Termination, and Extension
  • Article 15 – Payment
  • Article 16 – Complaints Procedure
  • Article 17 – Disputes
  • Article 18 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Supplementary agreement: An agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these are supplied by Elvorial or by a third party based on an arrangement between that third party and Elvorial.
  2. Reflection period: The period within which the consumer can make use of the right of withdrawal.
  3. Consumer: The natural person not acting for purposes related to trade, business, craft, or profession.
  4. Day: Calendar day.
  5. Digital content: Data produced and delivered in digital form.
  6. Long-term agreement: An agreement that provides for the regular delivery of goods, services, and/or digital content over a specified period.
  7. Durable data carrier: Any tool – including email – that allows the consumer or business to store information directed to them personally, in a way that allows future consultation or use for a period adequate for the purpose of the information, and which allows unchanged reproduction of the stored information.
  8. Right of withdrawal: The option for the consumer to withdraw from the distance contract within the reflection period.
  9. Distance contract: An agreement between Elvorial and the consumer concluded within an organized system for distance selling of products, digital content, and/or services, where exclusive or additional use is made of one or more techniques for distance communication.
  10. Model withdrawal form: The European model withdrawal form included in Annex I of these terms and conditions.
  11. Elvorial: The legal entity defined in Article 2 that offers products, access to digital content, and/or services at a distance to consumers under these terms and conditions.
  12. Technique for distance communication: Means that can be used for concluding a contract without the consumer and entrepreneur being together in the same space.

Article 2 – Identity of Elvorial

  • Name of entrepreneur: Elvorial , Burink Products
  • Business address: Avondroodvlinder 102, Enschede, The Netherlands
  • Email address: info@elvorial.com
  • Chamber of Commerce number (KvK): 94471320
  • VAT identification number:

Dutch: NL005085933B06

Norwegian:

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from Elvorial and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Elvorial will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed and that they will be sent free of charge to the consumer upon request.
  3. 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 provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, Elvorial will indicate where the terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer’s request, either electronically or otherwise.
  4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the most favorable applicable provision.

Article 4 – The Offer

  1. If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Elvorial uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer do not bind Elvorial.
  3. Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and complies with the corresponding conditions.
  2. If the consumer accepts the offer electronically, Elvorial shall immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by Elvorial, the consumer may dissolve the agreement.
  3. If the contract is concluded electronically, Elvorial shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Elvorial will take appropriate security measures.
  4. Elvorial may, within the limits of the law, check whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If Elvorial has good reasons not to enter into the agreement based on this investigation, it is entitled to refuse an order or request with justification, or to attach special conditions to the execution.
  5. No later than upon delivery of the product, service, or digital content, Elvorial shall provide the consumer with the following information, in writing or in a way that allows the consumer to store it on a durable data carrier:
    • The visiting address of Elvorial’s establishment for complaints;
    • The conditions and process for exercising the right of withdrawal, or a clear statement of exclusion of the right of withdrawal;
    • Information about after-sales service and warranties;
    • The total price including all taxes, delivery charges (if applicable), and the method of payment, delivery, or execution;
    • The conditions for terminating the agreement if it has a duration of more than one year or is of indefinite duration;
    • The model withdrawal form if the consumer has a right of withdrawal.
  6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

                                                                                

Article 6 – Right of Withdrawal

For products:

  1. The consumer may dissolve a contract regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. Elvorial may ask the consumer for the reason for withdrawal but may not require it.
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer (not being the carrier), has received the product, or:
    • If the consumer ordered multiple products in the same order: the day on which the consumer or a third party receives the last product.
      Elvorial may, provided it clearly informed the consumer beforehand, refuse an order of multiple products with different delivery times.
    • If the delivery consists of several shipments or parts: the day on which the consumer or a third party receives the last shipment or part.
    • For agreements for regular delivery of products during a defined period: the day on which the consumer or a third party receives the first product.

For services and digital content not delivered on a physical medium:

  1. The consumer may dissolve a service contract and a contract for the supply of digital content not delivered on a physical medium within at least 14 days without stating reasons. Elvorial may ask for the reason but may not require it.
  2. The reflection period starts the day after the contract is concluded.

Extended reflection period if not informed about the right of withdrawal:

  1. If Elvorial has not provided the consumer with the legally required information about the right of withdrawal or the withdrawal form, the reflection period expires twelve months after the end of the original reflection period.
  2. If Elvorial provides the consumer with the required information within twelve months after the start of the original reflection period, the reflection period ends 14 days after the day the consumer receives that information.

Article 7 – Consumer Obligations During the Reflection Period

  1. During the reflection period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The basic principle is that the consumer may handle and inspect the product as they would in a store.
  2. The consumer is only liable for diminished value of the product resulting from handling beyond what is permitted under paragraph 1.
  3. The consumer is not liable for diminished value if Elvorial did not provide the legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercising the Right of Withdrawal and Costs

  1. If the consumer exercises the right of withdrawal, they must notify Elvorial within the reflection period via the withdrawal form or another clear statement.
  2. The consumer must return the product within 14 days from the day following the notification, or hand it over to Elvorial (or its representative), unless Elvorial offers to collect the product. The deadline is met if the product is returned before the 14-day period expires.
  3. The consumer returns the product with all supplied accessories, preferably in original condition and packaging, and following Elvorial’s reasonable and clear instructions.
  4. The consumer bears the risk and burden of proof for timely and correct exercise of the right of withdrawal.
  5. The consumer bears the direct cost of return shipping, unless Elvorial has failed to inform them or agrees to cover the cost.
  6. The consumer does not bear costs for:
    • Delivery of digital content not on a physical medium, if:
      1. They did not expressly consent to early delivery,
      2. They did not acknowledge they would lose the right of withdrawal, or
      3. Elvorial failed to confirm this.
  7. If the consumer withdraws, any supplementary contracts are automatically dissolved.

Article 9 – Obligations of Elvorial in Case of Withdrawal

  1. If Elvorial allows the consumer to withdraw electronically, it will send a confirmation of receipt without delay.
  2. Elvorial refunds all payments made by the consumer, including delivery costs (if charged), within 14 days from the day of the withdrawal notice. Unless Elvorial offers to collect the product, it may wait to refund until it has received the returned product or proof of return.
  3. Refunds will be made using the same payment method unless the consumer agrees to a different method. Refunds are free of charge for the consumer.
  4. If the consumer chose a more expensive delivery option than the standard method, Elvorial is not required to refund the additional cost.

Article 10 – Exclusion of the Right of Withdrawal

Elvorial may exclude the following products and services from the right of withdrawal, but only if it clearly stated this in the offer or at the latest before the conclusion of the contract:

  1. Products or services whose price is subject to fluctuations in the financial market over which Elvorial has no influence and which may occur within the withdrawal period.
  2. Contracts concluded during a public auction. A public auction is defined as a method of sale where products, digital content, and/or services are offered by Elvorial to consumers who attend or are given the opportunity to attend in person, led by an auctioneer, and where the successful bidder is obliged to purchase.
  3. Service contracts, after full performance of the service, but only if:
    • Performance began with the express prior consent of the consumer, and
    • The consumer acknowledged losing the right of withdrawal once the service was fully performed.
  4. Accommodation services, if the contract provides for a specific date or period of performance and the services are not for residential purposes, goods transport, car rental, or catering.
  5. Leisure activities, if the contract provides for a specific date or period of performance.
  6. Products made to consumer specifications, not prefabricated, and made based on an individual choice or clearly intended for a specific person.
  7. Perishable products or those with a limited shelf life.
  8. Sealed products not suitable for return for health protection or hygiene reasons, and where the seal was broken after delivery.
  9. Products that, by their nature, are inseparably mixed with other products after delivery.
  10. Alcoholic beverages with a price agreed upon at the time of contract, but delivery only after 30 days, and whose value depends on market fluctuations beyond Elvorial's control.
  11. Sealed audio or video recordings and computer software, where the seal has been broken after delivery.
  12. Newspapers, magazines, or journals, except for subscriptions.
  13. The delivery of digital content not on a physical medium, but only if:
    • Execution began with the express prior consent of the consumer, and
    • The consumer acknowledged losing the right of withdrawal.

Article 11 – The Price

  1. During the validity period stated in the offer, prices of products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. In deviation from paragraph 1, Elvorial may offer products or services whose prices are subject to fluctuations in the financial market beyond its control, with variable prices. This connection to market fluctuations and the fact that prices are target prices must be clearly stated in the offer.
  3. Price increases within 3 months of the conclusion of the contract are only allowed if resulting from legal regulations or provisions.
  4. Price increases after 3 months are only allowed if Elvorial has stipulated this and:
    • They are the result of legal regulations or provisions, or
    • The consumer has the right to terminate the agreement effective from the day the price increase takes effect.
  5. All prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance with Agreement and Additional Guarantee

  1. Elvorial guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and existing legal provisions and/or government regulations on the date of the agreement. If agreed, Elvorial also guarantees that the product is suitable for use other than normal.
  2. Any additional guarantee provided by Elvorial, its supplier, manufacturer, or importer shall never limit the consumer's legal rights and claims under the agreement if Elvorial fails to fulfill its obligations.
  3. An additional guarantee is any commitment from Elvorial, its supplier, importer, or producer granting the consumer certain rights or claims that go beyond what is legally required if Elvorial fails to fulfill its part of the agreement.

Article 13 – Delivery and Execution

  1. Elvorial will exercise the utmost care in receiving orders and executing product deliveries and service requests.
  2. The place of delivery is the address provided by the consumer to Elvorial.
  3. With due regard to Article 4, Elvorial will execute accepted orders within 30 days, unless a different delivery period has been agreed. If delivery is delayed or the order cannot (or only partially) be fulfilled, the consumer will be informed within 30 days. In that case, the consumer has the right to dissolve the contract at no cost and claim compensation if applicable.
  4. Upon dissolution under the previous paragraph, Elvorial will promptly refund any amount paid by the consumer.
  5. The risk of damage and/or loss of products lies with Elvorial until the product is delivered to the consumer or a designated representative.

Article 14 – Long-Term Transactions: Duration, Termination, and Extension

Termination:

  1. The consumer may terminate a contract concluded for an indefinite period and which involves the regular delivery of products or services at any time, subject to agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate a fixed-term contract that involves the regular delivery of products or services at the end of the fixed duration, subject to agreed termination rules and a notice period of no more than one month.
  3. For the contracts referred to in the preceding paragraphs, the consumer may:
    • Terminate at any time without being restricted to a specific date or period,
    • Terminate in the same way the contract was concluded,
    • Always terminate with the same notice period that Elvorial has stipulated for itself.

Extension:

  1. A contract for a definite period involving the regular delivery of products or services may not be automatically extended or renewed for a fixed duration.
  2. In deviation from the previous paragraph, a fixed-term contract may be tacitly extended for a period of up to three months, if the consumer can terminate the extended contract at any time with a notice period of no more than one month.
  3. A fixed-term contract for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month.

Duration:

  1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year, with a notice period of no more than one month, unless the nature of the agreement justifies otherwise due to fairness or equity.

Article 15 – Payment

  1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days from the start of the reflection period, or if no reflection period applies, 14 days after concluding the agreement. In the case of a service agreement, this period begins the day after the consumer receives confirmation of the agreement.
  2. When selling products to consumers, the consumer may not be required to make an advance payment of more than 50% in the general terms. If an advance payment is agreed, the consumer cannot assert any rights regarding the execution of the order or service until the agreed advance payment has been made.
  3. The consumer must report inaccuracies in payment details provided or mentioned without delay.
  4. If the consumer fails to meet their payment obligations on time, Elvorial will issue a reminder and grant a 14-day period to still comply. After this period, if payment is not made, statutory interest is due on the outstanding amount, and Elvorial may charge extrajudicial collection costs, which may amount to:
    • 15% for amounts up to €2,500,
    • 10% for the next €2,500,
    • 5% for the next €5,000,
      with a minimum of €40.
      Elvorial may choose to apply lower fees in favor of the consumer.

Article 16 – Complaints Procedure

  1. Elvorial has a well-publicized complaints procedure and handles complaints according to this procedure.
  2. Complaints about the performance of the agreement must be submitted to Elvorial in a timely manner, fully and clearly described, once the consumer has discovered the defects.
  3. Complaints submitted to Elvorial will be answered within 14 days from the date of receipt. If more time is needed, Elvorial will acknowledge receipt within 14 days and indicate when the consumer can expect a more detailed response.

Article 17 – Disputes

  1. Contracts between Elvorial and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
  2. All disputes arising from the agreement and/or these general terms and conditions shall be submitted to the competent court in the district where Elvorial is located.

Article 18 – Additional or Deviating Provisions

Any additional provisions or deviations from these general terms and conditions may not be to the consumer's disadvantage and must be recorded in writing or in a way that they can be stored by the consumer on a durable medium.