General terms and conditions

Terms and Conditions of Elan, located at Hessenweg 229, Achterveld. Chamber of Commerce: 67468640, version valid from 04-07-2024

General Terms and Conditions of Elan

1. General

1.1 These general terms and conditions apply to every offer made by Elan and to every agreement concluded between Elan and the consumer. The conditions are accessible to everyone and included on Elan’s website. A written copy can be sent upon request.

1.2 By placing an order, you indicate that you agree with the delivery and payment conditions. Elan reserves the right to change its delivery and/or payment conditions after the expiry of the term.

1.3 Unless otherwise agreed in writing, Elan does not recognize any general or specific conditions or stipulations of third parties.

1.4 Elan guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

2. Delivery

2.1 Delivery takes place while stocks last.

2.2 In accordance with the rules on distance selling, Elan will execute orders within 30 days at the latest, unless a different delivery period has been agreed upon. If delivery within 30 days or another agreed delivery period is not possible (because the ordered item is not in stock or no longer available), or if there is a delay for other reasons, or if an order can only be partially executed, the consumer will receive a notification within 1 month after placing the order and, in that case, has the right to cancel the order without any costs and without default notice.

2.3 Elan’s obligation to deliver shall be fulfilled, subject to proof to the contrary, once the goods delivered by Elan have been offered to the purchaser once. In the case of home delivery, the carrier’s report, indicating the refusal of acceptance, shall serve as full proof of the offer to deliver.

2.4 All terms mentioned on the website are indicative. Therefore, no rights can be derived from the aforementioned terms.

3. Prices

3.1 Prices will not be increased during the validity period of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.

3.2 All prices on the site are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.

3.3 All prices on the site are in Euros and include 9% VAT.

4. Cooling-off Period / Right of Withdrawal

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 purchaser has the right to return the delivered goods within a period of 14 working days without stating a reason. This period begins at the moment the ordered goods have been delivered. The purchaser is obliged to notify Elan in writing within 14 working days after receipt, before proceeding with the return. If the purchaser has not notified Elan of the use of the legal right of return within the 14-day reflection period, the purchase is a fact. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur within 28 days after receipt, in accordance with the reasonable and clear instructions provided by the entrepreneur.

The purchaser must prove that the returned goods have been sent on time, for example by means of a postal receipt. Return of the goods must be made in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the purchaser, encumbered, or damaged in any way, Elan reserves the right to charge for the depreciation. In consideration of what is stated in the previous sentence, Elan will ensure a refund within 14 days after proper receipt of the return or 14 days after proof of return (the shipping receipt must explicitly state the content of the return), within 14 days after good receipt of the return shipment. In case of a return of the entire purchase, the full purchase price, including any shipping and/or payment costs, will be refunded to the purchaser. In case of a return of only part of the received goods, 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 will never be refunded. The return of the delivered goods is entirely at the expense and risk of the purchaser.

4.2 The right of withdrawal does not apply to:

• Service agreements, after full performance of the service, and only when the performance has begun with the consumer’s explicit prior consent, and the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
• Goods or services whose price is subject to fluctuations in the financial market that the supplier cannot influence and that may occur within the withdrawal period;
• Goods made according to the consumer’s specifications, such as custom-made products or products with a clearly personal character;
• Products whose expiration date has passed within the 14-day reflection period (perishability);
• Sealed products that are not suitable for return for health or hygiene reasons and whose seal has been broken after delivery;
• Sealed audio, video, or software carriers whose seal has been broken;
• Goods or services that cannot be returned due to their nature, such as hygiene reasons, or that can deteriorate or age quickly;
• The delivery of single newspapers and magazines.

5. Data Management

5.1 If you place an order with Elan, your details will be included in Elan’s customer database. Elan adheres to the Personal Registration Act and will not provide your information to third parties. See our Privacy Policy.

5.2 Elan respects the privacy of users of the website and ensures the confidential treatment of your personal information.

5.3 Elan occasionally uses a mailing list. Each mailing contains instructions to remove yourself from this list.

6. Warranty and Conformity

6.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the agreement’s formation.

6.2 Any scheme offered by the entrepreneur, manufacturer, or importer as a warranty does not affect the rights and claims that the consumer can assert regarding a shortcoming in the fulfillment of the entrepreneur’s obligations towards the entrepreneur under the law and/or the distance agreement.

6.3 If it appears that the delivered item is incorrect, defective, or incomplete, the purchaser must report these defects to Elan in writing within 2 months after discovering the defect before returning the items to Elan. The return of the goods must be made in the original packaging (including accessories and accompanying documentation). Use after finding a defect, damage occurring after finding a defect, encumbrance, and/or resale after finding a defect will invalidate the right to complain and return.

6.4 If the purchaser’s complaints are found to be justified by Elan, Elan will, at its discretion, repair or replace the delivered goods free of charge. Any liability of Elan for damage is limited to at most the invoice amount of the relevant goods, or (at Elan’s discretion) to the maximum covered amount by Elan’s liability insurance in the relevant case. Elan’s liability for any other form of damage is excluded, including additional compensation in any form, compensation for indirect damage or consequential damage, or damage due to lost profit.

6.5 Elan is not liable for damage caused by intent or equivalent deliberate recklessness by non-executive personnel.

6.6 This warranty does not apply if: A) and as long as the purchaser is in default towards Elan; B) the purchaser has repaired and/or processed the delivered goods themselves or has had them repaired/processed by third parties. C) the delivered goods are exposed to abnormal conditions or otherwise treated carelessly or contrary to Elan’s instructions and/or instructions on the packaging.

7. Offers

7.1 Offers are non-binding unless otherwise stated in the offer.

7.2 Upon acceptance of a non-binding offer by the buyer, Elan reserves the right to revoke or deviate from the offer within 3 working days after receipt of the acceptance.

7.3 Verbal promises only bind Elan after they have been explicitly confirmed in writing.

7.4 Offers from Elan do not automatically apply to repeat orders.

7.5 Elan cannot be held to its offer if the purchaser should have understood that the offer, or part of it, contained an obvious mistake or typographical error.

7.6 Additions, changes, and/or further agreements are only valid if agreed upon in writing.

8. Agreement

8.1 An agreement between Elan and a customer is concluded after an order has been assessed for feasibility by Elan.

8.2 Elan reserves the right to refuse orders or assignments without stating reasons or to accept them only on the condition that the shipment is made cash on delivery or after prepayment.

9. Images and Specifications

9.1 All images; photos, drawings, etc.; including data on weights, dimensions, colors, label images, etc. on Elan’s website are only approximate, are indicative, and cannot give rise to compensation or termination of the agreement.

10. Force Majeure

10.1 Elan is not liable insofar as its obligations cannot be met due to force majeure.

10.2 Force majeure is defined as any foreign cause, as well as any circumstance that should not reasonably be at its risk. Delays or non-performance by our suppliers, disruptions in the internet, power failures, disruptions in email traffic, or changes in technology supplied by third parties, transportation difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of Elan, as well as auxiliaries, staff illness, defects in auxiliary or transport means expressly count as force majeure.

10.3 Elan reserves the right, in the case of force majeure, 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 is modified so that execution remains possible. In no case is Elan obliged to pay any penalty or compensation.

10.4 If Elan has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately, and the purchaser is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

11. Liability

11.1 Elan is not liable for damage caused to vehicles or other objects resulting from the incorrect use of the products. Please read the instructions on the packaging before use and/or consult our website.

12. Retention of Title

12.1 Ownership of all goods sold and delivered by Elan to the purchaser remains with Elan as long as the purchaser has not paid Elan’s claims under the agreement or any earlier or later similar agreements, has not paid for the work performed or still to be performed under this or similar agreements, and as long as the purchaser has not paid Elan’s claims due to non-compliance with such obligations, including claims relating to penalties, interest, and costs, as referred to in Article 3:92 of the Dutch Civil Code.

12.2 The goods delivered by Elan that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.

12.3 The purchaser is not authorized to pledge or otherwise encumber the goods subject to retention of title.

12.4 The purchaser already unconditionally and irrevocably authorizes Elan or a third party to be appointed by Elan to enter all places where Elan’s property may be found, in all cases in which Elan wishes to exercise its property rights, and to take those items there.

12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights over them, the purchaser is obliged to inform Elan of this as soon as can reasonably be expected.

12.6 The purchaser undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion, and water damage, as well as theft, and to provide the policy of this insurance for inspection to Elan upon the first request.

13. Applicable Law/Competent Court

13.1 All agreements are subject to Dutch law.

13.2 Any disputes arising from an agreement between Elan and the buyer that cannot be resolved by mutual agreement shall be submitted to the competent court in the district of Breda, unless Elan prefers to submit the dispute to the competent court of the buyer’s place of residence, except for disputes that fall under the jurisdiction of the subdistrict court.