Terms and conditions
General Terms and Conditions
Article 1 - Definitions
In these general terms and conditions, the following definitions apply:
- Withdrawal period: the period during which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Ongoing transaction: a distance contract relating to a series of products and/or services, where the obligation of delivery and/or purchase is spread over time;
- Durable data carrier: any means that enables the consumer or the entrepreneur to store information that is personally addressed to them, in a way that allows future consultation and unchanged reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: an agreement in which, within the framework of an organized system by the entrepreneur for distance selling of products and/or services, one or more remote communication techniques are exclusively used up to and including the conclusion of the contract;
- Remote communication technique: any means that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously present in the same location;
- General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Company Name: Eliteship Direct
Email Address: info@emmanoah-losangeles.com
Chamber of Commerce (KVK) Number: 94081808
VAT Number: NL005062952B31
Address: Pond Sterlinglaan 40, 1060RS, Amsterdam (No physical store or visit address)
Article 3 - Applicability
These general terms and conditions apply to any offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. Before the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the conclusion of the contract about where the terms and conditions can be accessed and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be provided to the consumer electronically in such a way that it can be stored easily on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.
In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these terms and conditions shall remain in force, and the relevant provision will be replaced by a provision that aligns as closely as possible with the original intent.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated. The offer is non-binding, and the entrepreneur reserves the right to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these should be an accurate representation of the products and/or services. However, minor discrepancies in images, specifications, or details do not entitle the consumer to compensation or contract termination.
Each offer contains clear information about:
- The total price, excluding taxes if applicable;
- Any additional costs, such as shipping fees;
- The steps required to conclude the contract;
- The applicability of the right of withdrawal;
- The payment, delivery, and performance terms;
- The validity period of the offer;
- Whether the contract is archived and how it can be accessed;
- The ability for the consumer to check and correct data before finalizing the contract;
- Available languages for contract conclusion;
- Any applicable codes of conduct and how the consumer can review them electronically;
- The minimum duration of a long-term contract, if applicable.
Article 5 - The Contract
The contract is concluded when the consumer accepts the offer and meets the required conditions. If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may cancel the contract without any costs.
Article 6 - Right of Withdrawal
The consumer has the right to withdraw from the contract within 14 days without providing any reason. This period starts on the day the consumer, or a third party designated by them, takes possession of the goods.
During the withdrawal period, the consumer must handle the product with care. They may only unpack or use the product as necessary to determine its nature, characteristics, and functioning. To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing (e.g., via email or mail). After withdrawal, the consumer must return the product within 14 days. Return shipping costs are borne by the consumer unless the entrepreneur has agreed to cover these costs.
Article 7 - Exclusion of the Right of Withdrawal
The right of withdrawal is excluded for certain products and services, such as:
- Products that cannot be returned due to their nature;
- Services that have been fully performed with the consumer’s prior consent before the withdrawal period ended.
Article 8 - Prices
All prices in the offer are total prices, including VAT and all other costs unless explicitly stated otherwise. If additional costs, such as shipping or handling fees, apply, these will be clearly communicated before the contract is concluded. The entrepreneur reserves the right to change prices, but any changes will be communicated before concluding a new contract.
Article 9 - Payment
The consumer must pay the total amount at the time of the order, using the payment methods provided by the entrepreneur. The entrepreneur accepts various payment methods, including credit cards, bank transfers, or online payment services. If payment is not made within the agreed period, the entrepreneur may suspend the order or cancel the contract.
Article 10 - Delivery and Contract Execution
The entrepreneur will take all necessary steps to deliver the product or service within the agreed time frame. However, delays may occur due to unforeseen circumstances. If a significant delay occurs, the consumer will be informed as soon as possible. Goods will be delivered to the address provided by the consumer, subject to product availability.
Article 11 - Liability
The entrepreneur is responsible for ensuring that the product or service conforms to the contract. If defects arise, the consumer may request a replacement or refund.
Article 12 - Guarantees
All products are covered by the legal guarantee of conformity and the guarantee against hidden defects. Consumers may request a repair, replacement, or refund in case of defects.
Article 13 - Force Majeure
The entrepreneur is not liable for failure or delays due to force majeure, such as natural disasters, strikes, wars, economic blockages, raw material shortages, or other unforeseen events.
Article 14 - Data Protection
The entrepreneur complies with data protection laws, including the General Data Protection Regulation (GDPR). Personal data will only be collected and processed to execute the contract and fulfill legal obligations.
Article 15 - Changes to the General Terms and Conditions
The entrepreneur reserves the right to modify these terms and conditions at any time. Changes will apply to new orders. Consumers will be informed of significant changes via the website or email.
Article 16 - Governing Law and Jurisdiction
This contract is governed by French law. In case of disputes, the courts in the consumer's place of residence shall have jurisdiction unless the consumer chooses to file a claim in the entrepreneur’s jurisdiction.