Terms and conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the trader;
Day: calendar day;
Long-term contract: a distance contract relating to a series of products and/or services, for which the obligation of supply and/or purchase is spread over time;
Durable medium: any tool that enables the consumer or trader to store information addressed personally to them in a way that allows for future consultation and reproduction without alteration;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Trader: the natural or legal person offering products and/or services remotely to consumers;
Distance contract: a contract concluded in the framework of an organized system set up by the trader for the distance sale of products and/or services, whereby, up to the conclusion of the contract, only one or more means of distance communication are used;
Means of distance communication: any method that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same place;
General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Trader’s Identity

Company name: AJG Commerce
Chamber of Commerce (KvK) registration number: 84001739
Trade name: Elyra Rose
VAT number: NL003905863B09
Customer service email: info@elyraparis.com
Business address: Kolibrievlinder 203, 1791 TX

Article 3 – Scope

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader shall indicate, before the conclusion of the contract, how the general terms and conditions can be consulted and that they will be sent free of charge at the consumer’s request.

If the distance contract is concluded electronically, a copy of these terms and conditions may, by way of derogation, be provided electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated where the conditions can be consulted electronically and that they will be sent free of charge upon request, electronically or otherwise.

Where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs also apply, and in case of contradiction, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these general terms and conditions are null or annulled, the remaining provisions remain in effect, and the relevant provision will be replaced, by mutual agreement, with a provision that comes as close as possible to the original intent.

Situations not covered by these general terms and conditions should be interpreted “in the spirit” of these terms and conditions.

Any doubts regarding the interpretation or content of one or more provisions must also be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The trader reserves the right to change or adjust the offer.

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

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the contract.

The images of the products are a true representation of the offered products. The trader cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains clear information regarding the rights and obligations arising from acceptance, in particular:

  • the price, excluding customs clearance fees and import VAT, which are at the customer’s expense and risk. The postal service and/or carrier will apply the special scheme for postal and courier services upon import into the EU destination country. This service collects VAT (possibly with clearance fees) from the recipient of the goods;

  • any shipping costs;

  • the manner in which the contract will be concluded and the necessary steps;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the contract;

  • the period for accepting the offer or the period during which the trader guarantees the price;

  • the tariff for distance communication if it differs from the basic rate;

  • whether the contract will be archived after conclusion and, if so, how the consumer can access it;

  • the way the consumer can check and, if necessary, correct the information provided before concluding the contract;

  • the languages, besides Dutch, available for concluding the contract;

  • the codes of conduct to which the trader is subject and how the consumer can consult them electronically;

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

  • if applicable: sizes, colors, types of materials available.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the associated conditions.

If the consumer accepts the offer electronically, the trader shall promptly confirm receipt of acceptance electronically. As long as this confirmation has not been received by the consumer, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader 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, the trader shall take suitable security measures for that purpose.

The trader may, within the legal framework, check whether the consumer can meet their payment obligations, as well as all relevant facts and factors for a responsible conclusion of the distance contract. If the trader has good reason not to enter into the contract, they are entitled to refuse an order or attach special conditions to its execution.

The trader will provide the consumer with the following information, in writing or on another durable medium accessible to the consumer, at the latest upon delivery of the product or service:

  • the address of the trader’s establishment where the consumer can lodge complaints;

  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  • information on existing after-sales services and guarantees;

  • the information referred to in Article 4, paragraph 3, unless already provided before contract execution;

  • the conditions for terminating the contract if it has a duration of more than one year or is indefinite.

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

Each contract is concluded subject to sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 30 days without giving any reason. The withdrawal period starts on the day after the consumer, or a representative designated by the consumer and notified to the trader, has received the product.

During the withdrawal 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 assess the nature and characteristics of the product. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories, and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

To exercise the right of withdrawal, the consumer must notify the trader in writing or by email within 30 days of receiving the product. After notification, the consumer must return the product within 30 days. The consumer must prove that the goods have been returned on time, for example by providing proof of shipment. This may include direct return to our supplier in China.

If the consumer has not notified their intention within the deadline or has not returned the product on time, the sale is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return costs are entirely at their own expense, including possible return costs to the country of origin (our supplier in China).

If the consumer has already paid, the trader shall refund the amount paid as soon as possible and no later than 30 days after withdrawal, provided the product has been received or sufficient proof of return has been supplied.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the right of withdrawal for products and services described in paragraphs 2 and 3, provided this was clearly stated in the offer or at the latest before the conclusion of the contract.

Exclusion of the right of withdrawal is possible for:

  • products made to the consumer’s specifications;

  • clearly personalized products;

  • products that cannot be returned due to their nature;

  • products liable to deteriorate or expire rapidly;

  • products whose prices depend on financial market fluctuations beyond the trader’s control;

  • newspapers and periodicals;

  • audio and video recordings, as well as computer software, if the seal has been broken by the consumer;

  • hygiene products if the seal has been broken.

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

  • relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

  • which began with the express consent of the consumer before the end of the withdrawal period;

  • concerning bets and lotteries.

Article 9 – Prices

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

By way of derogation, the trader may offer products or services whose prices are subject to fluctuations in the financial market beyond the trader’s control, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.

Price increases within 3 months of contract conclusion are only permitted if they result from statutory regulations.

Price increases from 3 months after contract conclusion are only permitted if the trader has stipulated this and:

  • they result from statutory regulations; or

  • the consumer has the right to terminate the contract from the day the increase takes effect.

The place of delivery is determined in accordance with Article 5(1) of the Dutch VAT Act (Wet op de Omzetbelasting 1968), namely in the country where transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge import VAT and/or clearance fees to the recipient. No VAT will be charged by the trader.

All prices are subject to printing or typographical errors. The trader is not obliged to deliver a product at an incorrect price if this is due to such an error.

Article 10 – Conformity and Guarantee

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and applicable legal provisions and regulations in effect at the time of contract conclusion. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.

A guarantee provided by the trader, manufacturer, or importer does not affect the legal rights of the consumer under the contract.

Defects or wrongly delivered products must be reported in writing to the trader within 30 days of delivery. Returns must be made in their original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. The trader is not responsible for the ultimate suitability of the products for each individual application, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the consumer has repaired and/or modified the delivered products themselves, or had them repaired and/or modified by a third party;

  • the products have been exposed to abnormal conditions, treated negligently, or contrary to the trader’s instructions and/or the packaging;

  • the defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution

The trader shall exercise the utmost care in receiving and executing product orders.

The address provided by the consumer to the trader is considered the place of delivery.

Subject to the provisions of Article 4, the trader shall execute accepted orders promptly and no later than 30 days, unless a different period has been agreed with the consumer. If delivery is delayed, or if an order cannot be executed (in full or in part), the consumer will be informed within 30 days of the order. The consumer then has the right to dissolve the contract free of charge and is entitled to a refund.

In the event of dissolution under the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible and no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the trader will make reasonable efforts to provide a replacement product. This will be clearly communicated at delivery. Replacement products do not exclude the right of withdrawal. Any return costs in such cases are borne by the trader.

The risk of loss and/or damage to products rests with the trader until delivery to the consumer or a representative designated in advance, unless explicitly agreed otherwise.

Article 12 – Long-Term Contracts: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite contract providing for the regular supply of products or services at any time, subject to a notice period of no more than one month.

The consumer may terminate a fixed-term contract providing for the regular supply of products or services at the end of the fixed period, subject to a notice period of no more than one month.

In all cases, the consumer may:

  • terminate the contract at any time without being restricted to a specific date or period;

  • terminate the contract in the same way it was concluded;

  • terminate the contract with the same notice period that the trader must observe.

Renewal

A fixed-term contract providing for the regular supply of products or services may not be tacitly renewed or extended for a fixed period.

By way of exception, a fixed-term contract for the regular supply of newspapers, periodicals, or magazines may be tacitly renewed for a maximum of three months, provided the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or three months in the case of a supply occurring less than once per month.

A fixed-term contract for trial or introductory delivery of newspapers, periodicals, or magazines ends automatically at the end of the trial period.

Duration

If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless early termination before the agreed end date is unreasonable and unfair.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of a service contract, this period starts upon receipt by the consumer of the confirmation of the contract.

The consumer must immediately report any inaccuracies in provided or stated payment details to the trader.

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

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the trader within 7 days, with a full and clear description, after the consumer has identified the defects.

Complaints submitted to the trader will be answered within 30 days of receipt. If a longer handling period is required, the trader will notify the consumer within 30 days, stating the expected timeframe for a more detailed response.

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

A complaint does not suspend the consumer’s obligations, unless the trader confirms otherwise in writing.

If a complaint is justified, the trader will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts concluded between the trader and the consumer and governed by these general terms and conditions are exclusively subject to Dutch law, even if the consumer resides abroad.

Free delivery

Always free delivery with Canada post, including track & trace.

Service client

Always available, response within 24 hours.

We offer a 100% satisfaction guarantee

Not happy? Simply return it within 14 days.

Secure payment

Secure and fast payment by:

  • Credit / Debit Cards
  • Interac (Debit & e-Transfer)
  • Mobile Wallets (Apple Pay, Google Pay)