Terms and conditions of
We kindly advise you to read these Terms and Conditions carefully so you are aware of your rights and obligations under this Agreement. You are referred to in these Terms and Conditions as the Customer. For the sake of convenience we choose the masculine gender, but where “he” is mentioned we also mean “she”.
Article 1 – Definitions
Article 2 – Applicability
Article 3 – Offer and establishment of the Agreement
Article 4 – Use and Availability of the Website
Article 5 – Price and payment
Article 6 – Delivery
Article 7 – Privacy
Article 8 – Withdrawal and complaints
Article 9 – Conformity
Article 10 – Liability
Article 11 – Miscellaneous
Article 1 - Definitions
The terms and conditions listed in this document as used by Ele’phants Clothing.
The natural person or legal entity who places an order on the Website.
The general partnership Ele’phants Clothing, established and having an office at (9212 RR) Boornbergum at Helmblom 35. (KVK number:70413320)
The agreement between the Customer and Ele’phants Clothing, which is concluded via the Website on the basis of which the Customer buys the Product from Ele’phants Clothing.
A product that is offered on the Website by Ele’phants Clothing;
The Privacy Statement of Ele’phants Clothing, which can be found on the Website.
The website owned by Ele’phants Clothing, on which the Product is offered.
Article 2 - Applicability
- These Terms and Conditions apply to every offering made by Ele’phants Clothing on the Website, to every Agreement concluded via the Website and to every use of the Website.
- Ele’phants Clothing may amend and / or complement these Terms and Conditions at any time. Changes do not apply to already concluded Agreements. The most up to date version of the Terms and Conditions can be found on the Website. If the Customer does not agree with the amended and / or complemented Terms and Conditions, the Customer cannot order the Product.
- The applicability of any of the Customer’s purchasing terms and conditions or other conditions is expressly rejected by Ele’phants Clothing.
Article 3 - Offer and establishment of the Agreement
- The Agreement enters into force by completing the ordering process on the Website and accepting the Terms and Conditions.
- An offer on the Website is always without any obligation and can be revoked by Ele’phants Clothing immediately after an order.
- Ele’phants Clothing is not bound by apparent errors and clerical errors in the offer on the Website.
Article 4 - Use and Availability of the Website
- Ele’phants Clothing does not guarantee that information on the Website is always correct, current or complete.
Article 5 - Price and payment
- The stated price of the Product is valid the moment it is displayed on the Website. VAT is included in the stated total price. Any additional costs, such as shipping and payment costs, will be mentioned on the Website. (VAT number: NL858310211B01)
- The payment methods will be mentioned on the Website When the Customer chooses a method of payment after delivery, the payment term depends on the payment method chosen, as indicated on the Website. The payment term is a deadline.
- If the Customer exceeds the payment deadline or Ele’phants Clothing is unable to collect the amount due by means of the payment instrument chosen by the Customer before the end of the payment term, the Customer shall legally be in default, regardless of whether Ele’phants Clothing sends any further warning or notice.
- If the Customer is in default with regard to his payment obligation, Ele’phants Clothing may refer the debt for collection, in which case the Customer shall also be obliged to pay the costs incurred by Ele’phants Clothing in accordance with the graduated scale of judicial collection expenses (BIK)
Article 6 - Delivery
- The delivery deadlines on the Website and / or during the ordering process are indicative and cannot be considered legal deadlines.
Article 7 - Privacy
- When visiting the Website, placing an order, (personal) information is supplied to Ele’phants Clothing. This (personal) information shall be processed in accordance with the applicable laws and regulations and the Privacy Statement.
Article 8 - Withdrawal and complaints
- Within 14 days after the receipt of the Product the Customer has the right to dissolve the Agreement without providing reasons, unless one of the exceptions in Article 6:230p of the Dutch Civil Code applies. If the right of dissolution applies, then the Customer can invoke this right by filling in the model form for dissolution, as provided by Ele’phants Clothing, and by returning this form – together with the Products delivered but not desired by the Customer – to Ele’phants Clothing. The costs of return shipment are at the expense of the Customer.
- In the event of dissolution of the Agreement, the Customer is obliged to return the Product delivered but not desired by the Customer as quickly as possible, and in any case within 14 days after the declaration of dissolution.
- In the event of dissolution of the Agreement, Ele’phants Clothing will refund the already paid amount under the Agreement by the Customer within 14 days after receipt of the declaration of dissolution. Ele’phants Clothing is entitled to deduct the value reduction of the Product from the amounts to be refunded, insofar as this decrease in value is the result of use by the Customer that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.
- If the Customer has opted for a different method of shipment than the standard shipping method, only the costs for the standard shipping will be reimbursed by Ele’phants Clothing.
- Complaints about the Product can be sent to email@example.com. Ele’phants Clothing will react substantively to the complaint within a reasonable period of time.
Article 9 - Conformity
- If a Product does not comply with the Agreement, Ele’phants Clothing will repair the Product free of charge and within a reasonable time period at the discretion of Ele’phants Clothing or, in case of absence of a Product or parts thereof, still deliver them. If the repair is not possible or can’t be demanded of Ele’phants Clothing, Ele’phants Clothing will replace the Product.
- If Ele’phants Clothing has not repaired the Product within a reasonable period, the Customer is entitled to address another party for recovery. Ele’phants Clothing will reimburse the reasonable costs invoiced by this third party with regard to the recovery.
- An appeal to the Product’s non-compliance with the Agreement is not possible if it was already known or could reasonably have been known to the Customer upon the conclusion of the Agreement that there was a defect, or if the nature of the purchased Product or the nature of the defect is contrary to this.
Article 10 - Liability
1. Ele’phants Clothing does not accept any liability for indirect or consequential damages, such as loss of profit, loss of turnover, loss of expected savings and other similar financial losses, as well as loss of goodwill or damage to reputation.
2. To the extent that Ele’phants Clothing is liable, this liability is limited to a maximum of the price of the Product.
Article 11 - Miscellaneous
1. The Customer may not transfer the rights and obligations arising from the Agreement to third parties.
2. The use of the Website, these Terms and Conditions and / or the Agreement are subject solely to Dutch law.