Terms & Conditions

Terms & Conditions 

Article 1 – Definitions

In these Terms & Conditions:

1. Consumer means any individual acting for purposes that are wholly or mainly outside their trade, business, craft, or profession.
2. Day means a calendar day.
3. Digital Content means data produced and supplied in digital form.
4. Cooling-off Period means the 14-day period within which a consumer may cancel a distance contract without giving any reason.
5. Distance Contract means a contract concluded between Elyora and the consumer under an organised distance sales scheme, without the simultaneous physical presence of Elyora and the consumer, and using one or more means of distance communication.
6. Durable Medium means any tool that enables the consumer or Elyora to store information personally addressed to them in a way that allows future consultation for a period adequate for the purpose of the information, and which allows unchanged reproduction of the stored information.
7. Right of Withdrawal means the consumer’s statutory right to cancel a distance contract within the cooling-off period.
8. Elyora means the company operating the Elyora webshop in the UK.

Article 2 – Identity of the Trader

Elyora
VAT number: BE1025429263
Registered office: Hoog-kallostraat 109 9120 Belgium
Email: info@elyora.co.uk

Article 3 – Applicability

1. These Terms & Conditions apply to every offer made by Elyora and to every distance contract concluded between Elyora and the consumer.
2. Before a distance contract is concluded, the text of these Terms & Conditions will be made available to the consumer. If this is not reasonably possible, Elyora shall inform the consumer where the Terms & Conditions can be viewed electronically and that they will be sent free of charge upon request.
3. In the event that specific product or service conditions apply in addition to these Terms & Conditions, the consumer may always rely on the most favourable provision.

Article 4 – The Offer

1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer will contain a full and accurate description of the products, digital content, and/or services being offered. The description will be sufficiently detailed to allow the consumer to make a proper assessment. If Elyora uses images, these will be a true representation of the products, services, or digital content offered.
3. Obvious errors or mistakes in the offer are not binding on Elyora.
4. Each offer will contain clear information so that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Contract

1. Subject to the provisions of Article 4, the contract is concluded at the moment the consumer accepts the offer and meets the stated conditions.
2. Elyora shall promptly confirm receipt of the consumer’s acceptance of the offer electronically. As long as Elyora has not confirmed this acceptance, the consumer may dissolve the contract.
3. If the contract is concluded electronically, Elyora will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can pay electronically, Elyora will use appropriate security measures.
4. Elyora may, within legal limits, obtain information about whether the consumer can meet their payment obligations, as well as facts and factors relevant to a sound conclusion of the distance contract. If Elyora has good reason not to enter into the contract, it may refuse an order or attach special conditions to the execution.
5. Elyora shall send the consumer, at the latest upon delivery of the product, digital content, or service, confirmation of the contract, including:
• The identity and contact details of Elyora.
• The conditions under which and the way in which the consumer may exercise the right of withdrawal.
• Clear information about guarantees and after-sales service.

5. The price including taxes, delivery charges, and the method of payment and delivery.

Article 6 – Right of Withdrawal

1. The consumer has the statutory right to withdraw from the contract within 14 days without giving any reason.
2. The withdrawal period will expire 14 days after:
• In the case of a product: the day on which the consumer or a third party indicated by the consumer (other than the carrier) acquires physical possession of the goods.
• In the case of multiple goods ordered by the consumer in one order and delivered separately: the day on which the consumer or a third party acquires physical possession of the last item.
• In the case of a contract relating to regular delivery of goods during a defined period: the day on which the consumer or a third party acquires physical possession of the first item.
• In the case of digital content not supplied on a tangible medium: the day the contract is concluded.
3. To exercise the right of withdrawal, the consumer must inform Elyora of their decision to withdraw from the contract by means of a clear statement (e.g. by email). The consumer may use the European model withdrawal form, but this is not obligatory.
4. To meet the withdrawal deadline, it is sufficient for the consumer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Article 7 – Obligations of the Consumer During the Cooling-off Period

1. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product as far as is necessary to establish the nature, characteristics, and functioning of the goods, as they would in a physical shop.
2. The consumer shall only be liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.

Article 8 – Exercising the Right of Withdrawal and Costs

1. If the consumer exercises their right of withdrawal, they shall notify Elyora within the withdrawal period.
2. The consumer must return the goods to Elyora without undue delay, and in any event no later than 14 days after notifying withdrawal. The consumer bears the direct cost of returning the goods, unless otherwise agreed.
3. If the consumer has paid for the goods, Elyora shall reimburse all payments received from the consumer, including standard delivery costs (but excluding supplementary costs for non-standard delivery options), without undue delay and in any event within 14 days from the day on which Elyora is informed of the decision to withdraw. Elyora may withhold reimbursement until it has received the goods back or until the consumer has supplied evidence of having sent back the goods, whichever is earlier.

Article 9 – Obligations of Elyora in Case of Withdrawal

1. Elyora shall reimburse all payments received from the consumer in respect of the returned goods, including standard delivery costs, without undue delay and within 14 days after being informed of the consumer’s decision to withdraw.
2. Elyora will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise. The consumer shall not incur any fees as a result of such reimbursement.

Article 10 – Exclusions to the Right of Withdrawal

The consumer does not have a right of withdrawal for:

1. The supply of goods made to the consumer’s specifications or clearly personalised.
2. The supply of goods which are liable to deteriorate or expire rapidly.
3. The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
4. The supply of goods which, after delivery, are inseparably mixed with other items.
5. The supply of sealed audio or sealed video recordings or sealed computer software, once unsealed after delivery.
6. The supply of digital content not supplied on a tangible medium, if the performance has begun with the consumer’s prior express consent and their acknowledgment that they thereby lose their right of withdrawal.

Article 11 – Price

1.     All prices of products and/or services offered are inclusive of VAT (where applicable) and any other taxes.

2.     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 due to changes in VAT rates or other mandatory legal regulations.

3.     Contrary to the previous clause, Elyora may offer products or services whose prices are subject to fluctuations in the financial market and over which Elyora has no control. Such fluctuations and the fact that any stated prices may vary must be clearly mentioned in the offer.

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

5.     Price increases from 3 months after the conclusion of the contract are only permitted if Elyora has stipulated this and:

o   they are the result of statutory regulations or provisions; or

o   the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

Article 12 – Performance and Extra Guarantee

1.     Elyora guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of reliability and usability, and existing legal provisions and/or government regulations in the UK at the time of conclusion of the contract.

2.     Any extra guarantee provided by Elyora, its supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert under the contract if Elyora has failed to fulfil its part of the agreement.

3.     An extra guarantee is understood to mean any commitment by Elyora, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims beyond what is legally required in the event that Elyora fails to meet its obligations under the contract.

Article 13 – Delivery and Execution

1.     Elyora will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

2.     The place of delivery is the address provided by the consumer to Elyora.

3.     Subject to what is stated in Article 4 of these terms and conditions, Elyora will execute accepted orders promptly and at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this within 30 days after placing the order. In such cases, the consumer has the right to terminate the contract without cost.

4.     After termination in accordance with the previous clause, Elyora will promptly refund the amount paid by the consumer.

5.     The risk of damage to and/or loss of products rests with Elyora until the time of delivery to the consumer or a third party designated by the consumer and made known to Elyora, unless expressly agreed otherwise.

Article 14 – Duration Contracts: Term, Termination and Renewal

1.     Contracts concluded for a definite period will automatically terminate at the end of the agreed duration.

2.     A consumer may at any time terminate a contract concluded for an indefinite period, taking into account the agreed notice period for termination, which shall not exceed one month.

3.     A consumer may terminate:

o   a contract for an indefinite period at any time, subject to one month’s notice;

o   a fixed-term contract at the end of the fixed term, subject to one month’s notice.

4.     Renewal: A fixed-term contract that is tacitly renewed for a definite period shall be renewed for an indefinite period. The maximum notice period for termination of such a renewed contract shall be one month.

5.     If a contract has a duration of more than one year, the consumer may terminate the contract after one year at any time with one month’s notice, unless this would be unreasonable given the circumstances.

Article 15 – Payment

1.     Unless otherwise agreed in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 (fourteen) days after the start of the withdrawal period, or if there is no withdrawal period, within 14 (fourteen) days after the conclusion of the contract. In the case of a contract for the provision of a service, this period begins the day after the consumer has received confirmation of the contract.

2.     When selling products to consumers, Elyora shall never require advance payment of more than 50% in its general terms and conditions. Where advance payment has been agreed, the consumer cannot assert any rights with regard to the execution of the order or service(s) before the agreed advance payment has been made.

3.     The consumer has the duty to promptly notify Elyora of any inaccuracies in the payment details provided or stated.

4.     If the consumer fails to fulfil their payment obligation(s) on time, and Elyora has informed the consumer of the late payment and allowed a period of 14 (fourteen) days to meet the payment obligations, the consumer will owe statutory interest on the outstanding amount after this 14-day period has passed without payment. Elyora will also be entitled to charge any extrajudicial collection costs incurred. These costs will not exceed:

o   15% on outstanding amounts up to €2,500;

o   10% on the next €2,500;

o   5% on the next €5,000;
with a minimum of €40.
Elyora may, to the consumer’s advantage, deviate from these amounts and percentages.

Article 16 – Complaints Procedure

1.     Elyora has a sufficiently publicised complaints procedure and will handle complaints in accordance with this procedure.

2.     Complaints regarding the execution of the contract must be submitted to Elyora promptly, fully, and clearly described, after the consumer has discovered the defects.

3.     Complaints submitted to Elyora will be answered within 14 (fourteen) days from the date of receipt. If a complaint requires a longer processing time, Elyora will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.

Article 17 – Disputes

1.     Contracts between Elyora and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

2.     All disputes arising from or related to the contract and/or these general terms and conditions will be submitted to the competent court in the district where Elyora is established.

Article 18 – Additional or Deviating Provisions

Any additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.