Terms and Conditions
Below you will find a translation of our Terms and Conditions as originally written in Dutch.
Although we've done our best to provide an accurate translation, the original document in Dutch will always prevail in any legal proceedings.
The original Dutch Terms and Conditions can be found under this link.
Terms and Conditions elise-shop.com BV
Definitions within these Terms and Conditions:
(a) elise-shop: the limited company elise-shop.com B.V. and the limited company elise-shop.com UK Ltd. acting under the name elise-shop.com.
(b) client: each party which comes to an agreement with elise-shop or which is in negotiation to reach an agreement with elise-shop;
(c) Agreement: each agreement between elise-shop en client, each change in the agreement or addition to the agreement but also all action in preparation or execution of the agreement;
(d) products: everything which is subject to the agreement;
(e) Order: each purchase order from client to elise-shop;
2.1 The Terms are applicable to all our agreements (including quotations, sales, deliveries and contracts to perform work of any kind.)
2.2 Any (previous) reference by the Client to its own or other general conditions is expressly rejected by elise-shop and therefore not accepted.
2.3 elise-shop reserves the right to change the Conditions at any time. The amended terms and conditions will apply from the time elise-shop publishes on its website, with the proviso that already issued orders remain subject to the terms and conditions, which were effective on the day the order was established.
2.4 If any provision of these Terms is invalid, void or voidable, the terms and conditions of the remaining provisions shall remain in full force and effect. The provisions, which are not legally valid or can not be applied, will be replaced by provisions that reflect as much as possible the scope of the provisions to be replaced so that the replacement provisions are legally binding.
3.1 Offers and price quotations do not bind elise-shop and only apply as an invitation to place an order unless otherwise agreed in writing. Orders can be refused without the need to provide any reason.
3.2 Pictures, drawings, models, specifications and prices which are offered in catalogs or on the elise-shop website are prepared with great care. However elise-shop does not guarantee its accuracy. The images, drawings, models and specifications are only indications of the products and are only intended to give a general impression of what elise-shop has to offer.
4.1 The agreement is established at the time elise-shop has accepted this in writing or by e-mail, or the execution thereof is started, or by disclosure or disclosure to client of the invoice relating to the agreement.
4.2 Possible amendments at later date or (verbal) agreements and / or commitments of our staff or on our behalf by our distributors or other intermediaries are only binding when agreed by us in writing or by e-mail.
4.3 elise-shop is authorized - if elise-shop sees necessary or desirable - for the proper execution of the agreement to use third parties. If needed and / or if necessary, elise-shop will inform Client.
5.1 All prices are exclusive of VAT and expressed in Euro, unless otherwise agreed.
5.2 Agreements are concluded at the prices set by elise-shop at the time of the agreement unless parties agree otherwise in writing.
6.1 Unless otherwise agreed in writing, Client will pay all costs without any deduction in relation with the order at the time Client places the order.
6.2 If Client doesn't comply with one or more payment obligations, Client will be at default and all claims from elise-shop will be due immediately. From due date onwards Client is liable for interest per month, where any part fo the month will be calculated as a full month. The interest is based on article 6:119a Dutch civil code for commercial transactions and article 6:119 Dutch civil code for consumer transactions and is valid for all overdue payments Client is also liable for the extrajudicial and judicial collection costs. The costs to be paid by client are at least 15% of the amount of arrears and without prejudice to the right to reimbursement of the full cost. 6.3 Any amount received from the client will first serve to settle any claims from elise-shop on which elise-shop has not made a property reservation in accordance with article 8. Any further amount received from the client will first and foremost be used to pay any interest and costs referred to in article 6.2, and then serve as payment of outstanding invoices, whereby the invoice with the oldest fatal date is credited first, even if the client states that the payment relates to a later invoice. elise-shop is at all times entitled to offset its claims against the client with what elise-shop is due or will be due to the customer.
7.1 Any specified delivery time by elise-shop is based on information, prevailing circumstances and where applicable depending on the performance of third parties which was available at the time of concluding the contract. This delivery time will be observed by elise-shop for as much as possible. Stated delivery times will never be regarded as deadlines, unless expressly agreed otherwise in writing.
7.2 Client is not entitled to any compensation in this respect when the delivery time is exceeded.
7.3 If products are ordered specifically for the Client (such as original Lotus parts) delivery time may more than 30 days. Client has the right to cancel the order at all times, but if any of these specifically purchased parts have already arrived, Client will either take the partial order or will agree with a 20% restocking fee.
7.4 If elise-shop needs information of resources provided by Client to execute the order the delivery time will start at the moment Client provided the information or resources.
7.5 elise-shop has the right, but not the obligation to deliver partial orders.
7.6 The client is obliged to check content and/or the packaging immediately upon delivery for any shortages or damage. Any shortages or damage to the goods and / or packaging delivered which are present during delivery, have to be reported on the delivery note / transport documents.
7.7 Any returns must consequently be made within 14 days from delivery date.
8.1 Notwithstanding the actual delivery, the ownership of the products will only pass on to the client when the client has fulfilled all its financial obligations to elise-shop under or pursuant to an agreement with him - before - delivered or - in the future - to provide products, respectively performed for him or provide services, and in respect of claims arising from the failure to fulfill an agreement, including claims relating to penalties, interest and costs
8.2 The client is fully responsible for the products delivered under retention of title and shall keep them with due care and as recognizable property of elise-shop.
8.3 Before the ownership of the products to the client is passed, the client is not entitled to hire the products out or give in use, to pledge or otherwise encumber. The client is only entitled to use the products, which elise-shop owner, to sell or deliver, to the extent necessary within the framework of the normal business of the client. The client will inform its customers of any proprietary rights of elise-shop informed
8.4 For assets other than in Section 3:92 paragraph 2 DCC said, is that elise-shop on the delivered products, which are passed by payment owned by the client, and in which the retention of title as a result - future - claims pursuant to Article 3: 92 paragraph 2 BW is not revived and / or will revive, retains elise shop now for then liens referred to in article 3: 237 Dutch Civil Code. as additional security for claims which elise-shop for whatever reason may have against the client.
8.5 If the client fails to fulfill its payment obligations to elise-shop or elise-shop has good reason to fear that he will default in these obligations, elise-shop is entitled to take back the goods delivered under retention of title, without any default or judicial intervention being required. The customer is required elise-shop or to grant designated by elise-shop party access to the places where the products are delivered under retention.
9.1 elise-shop only vouches for the quality of the products in the state in which they reside at the time of delivery, and guarantees only that the products have the properties that are necessary for their regular use.
9.2 elise-shop grants the same warranty period for the products supplied by its suppliers. The warranty applies only during the warranty period requested by its suppliers.
9.3 The warranty means elise-shop will replace products upon receipt of the returned products. A warranty claim doesn't install the obligation to credit invoice amounts
9.4 The warranty only applies if the client has met all its obligations to elise-shop.
9.5 The warranty expires, regardless of the warranty period, from the moment that products have been used into other products.
9.6 The shape and colour of technical products may vary over time. Images on the website of elise-shop.com may differ from the actual product(s).
9.7 The warranty on products which are marked as consumables expires when a sealed package is opened or when the product is installed.
10.1 Notwithstanding the warranty provisions, elise-shop excludes any further liability to the client or any third party for any damages, on any ground whatsoever, including all direct and indirect damage such as damage to the product, consequential loss or damage, except the liability for damage caused by intent or gross negligence of elise-shop, or employees and / or third parties hired by elise-shop.
10.2 If and insofar elise-shop has any liability on any grounds whatsoever, the entire liability of elise-shop is at all times limited to three times the invoice amount with a maximum of €2500 per claim or related series of cases, without prejudice to liability under Title 3, Section 3 of Book 6 DCC as well as coverage of our liability insurance. 10.3 The client indemnifies elise-shop for all third party claims for damages caused by or in connection with the by elise-shop products and services, unless the damage was caused by gross negligence or intent of elise-shop, its employees and / or third parties.
11.1 Client is obliged to inspect products as soon as possible and within reasonability after delivery of the goods. Complaints regarding defects which have been discovered at inspection or defects which within reasonability could have been discovered need to be reported to elise-shop in writing within 14 days after receipt of the products. If Client fails to do so, Client cannot claim products didn't meet the agreement.
11.2 Defects that reasonably could not have been discovered within the period referred to in the previous paragraph will be reported in writing to elise-shop.com within 14 days of discovery. Upon discovery of a defect the client is obliged to cease any use of the products, as a prudent debtor to ensure the preservation of the products and to take the necessary steps to mitigate his loss as much as possible. Client will scrupulously respect the guidance of elise-shop and assist to investigat the defect and its associated conditions, such as the treatment and use of the products. If elise-shop requests, client will return the products
12 Returns and Cancellations
12.1 Notwithstanding any other provisions within these Conditions orders accepted by the elise-shop can not be canceled, and not be returned or exchanged products delivered by elise-shop where the products and / or packaging are not in good condition.
12.2 Products which have been purchased by elise-shop specifically for Client cannot be returned, credicted or exchanged if the products or packaging is not in good condition.
12.3 Product returns other than due to faulty delivery are only possible if elise-shop has agreed in writing or by e-mail.
12.4 Returns must include a delivery note, stating the date and number of the packing list or of elise-shop. Items which can not be shown to be supplied by elise-shop, are not credited.
12.5 Credit's which relate to returned products will be calculated at the original price agreed upon in the order.
12.6 Client is obliged to return the goods within 14 days of written or email notification. The return costs are paid by the Client.
13.1 Besides the rights which come from the creation of the agreeement and the law, elise-shop can terminate the agreement without further notice or judicial intervention and liability for compensation to the client at all times either in total or the part which has not been fulfilled yet if the client fails to fulful its obligation under the Agreement or other agreements towards elise-shop, if he is declared bankrupt, if he (provisional) suspension of payment or offer a payment plan to its creditors if he ceases to exist, ceases to operate or liquidation proceeds or if batter is laid on its ability relevant substantial debts or if he is unable to meet its due debts or due debts unpaid or an application which sought to apply the statement of the law on debt repayment, at death.
13.2 If the previous article subsection applies, elise-shop has the right to take back products under retention of title, subject to other to elise-shop belonging rights such as the right of compensation for costs, damages and interest, including the cost of return of the products.
14 Force Majeure
14.1 In case of force majeure, elise-shop are entitled at its own discretion and without judicial intervention to suspend the execution of the contract for a maximum of six months, to suspend or to terminate the agreement in whole or in part. Client waves any right for compensation.
14.2 Force majeure means all independent circumstances, even though they were present at the time of creation of the contract, which the fulfillment of the agreement permanently or temporarily, in whole or in part, prevent to fulfill the obligations of elise-shop or can not reasonably be required. Such circumstances may include in any case: war, civil war, threat of war, riots, strikes, fires, epidemics, not timely delivery of materials and products by the importer / factory or the supplier, restrictive government measures or the lack of a government issued license. The above also applies if the circumstances referred to above are with respect to, or in the company, factories, importers and other traders who elise-shop products involves committing or encounters involve.
15 Right of withdrawal
15.1 If client has placed the order through the elise-shop website client has the right to cancel the order within 14 days after placing it.
15.2 To exercise the right of withdrawal elise-shop kindly requests Client to use the model withdrawal form as in the underlying link.
16 Applicable law and disputes
16.1 All agreements concluded by elise-shop are exclusively excercised under Dutch law.
16.2 The applicability of the Vienna Sales Convention 1980 (CISG) is excluded. 16.3 Any dispute relating to, arising from, or related by elise-shop offers made, deliveries, understandings or agreements, will, if these disputes belong to the jurisdiction of the court, be heard by the court in The Hague, The Netherlands
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