General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or purchase is spread over a specific period;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques of distance communication are used;

Technique of distance communication: means that can be used for the conclusion of a contract, without the consumer and the entrepreneur being simultaneously present in the same room.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.


Article 2 - Identity of the entrepreneur

Company Name: Elamsovin
Website Name: Elamsovin Germany
Email: qzaqklfglwg@hotmail.com

Article 3 - Applicability

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

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or voided, then the agreement and these terms and conditions will remain in effect for the remainder, and the provision in question will be immediately replaced by mutual agreement by a provision that approximates the scope of the original as closely as possible.

Situations not provided for in these General Terms and Conditions are to be assessed "in the spirit" of these General Terms and Conditions.

Uncertainties about the interpretation or content of one or more provisions of our General Terms and Conditions are to 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 made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt 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 are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. The operator cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:

The price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services with regard to imports. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (possibly together with the customs clearance fees) from the recipient of the goods;

any costs of shipping;

the manner in which the contract will be concluded and what actions are required for this

whether or not the right of withdrawal applies;

the method of payment, delivery, and performance of the contract;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

the amount of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the regular basic tariff for the communication means used;

whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;

the way in which the consumer, before concluding the contract, can check the information provided by them under the contract and, if desired, restore it;

any languages other than Dutch in which the contract can be concluded;

the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a continuous transaction.

Optional: available sizes, colors, type of materials.

Article 5 - The contract

Subject to the provisions in paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions stipulated therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

1. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about guarantees and existing after-sales service;
4. the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the conclusion of the contract;
5. the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period.

In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons during a period of 30 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. The consumer must do this in the form of a written communication/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If the customer has not expressed their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by them.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition for this is that the product has already been received by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:
1. that have been manufactured by the entrepreneur according to the consumer's specifications;
2. that are clearly personal in nature
3. that cannot be returned due to their nature;
4. that spoil or age quickly;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines
7. for audio and video recordings and computer software of which the consumer has broken the seal.
8. for hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:
1. relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
2. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
3. relating to bets and lotteries.

Article 9 - The price

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

Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated them and:
1. they are based on legal regulations or provisions; or
2. the consumer is entitled to terminate the contract on the day the price increase takes effect.

The place of delivery in accordance with Article 5 paragraph 1 of the Turnover Tax Act 1968 is in the country where the transport begins. In the present case, this delivery takes place outside the EU. Consequently, the postal or courier service will collect the import VAT or clearance fees from the customer. Therefore, no VAT will be charged by the entrepreneur.

The prices stated on our website for products include delivery costs, but no fees, taxes, duties, or similar government-imposed charges ("duty unpaid and untaxed").

All rights, fees, customs duties, taxes or other government charges and declarations for the import of products to the delivery address are your responsibility, will be borne by you and are not included in the product prices. For all deliveries, additional costs may be incurred in individual cases, for which the seller is not responsible and which must be borne by the customer. In addition to shipping costs, these may include customs duties or import VAT if the goods are shipped from a non-EU country (China). Customs duties or import VAT are not paid by us and are at the expense of the buyer. Our goods are always shipped DDU (delivery duty unpaid) / "duty unpaid and untaxed". The buyer is the "Importer of Record" and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. As rules for importing goods vary from country to country, you should check your country's customs duties and import taxes before placing your order. The buyer is obliged to check upon receipt of the goods whether all laws and regulations of the importing country have been complied with.

All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the goods at the incorrect price.

Article 10 - Compliance and Warranty

The entrepreneur 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 the legal provisions and/or government regulations applicable at the time of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.

Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 30 days after delivery. The return of the products must be in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, 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 himself or had them repaired and/or modified by third parties;

the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging;

The inadequacy is wholly or partly the result of regulations that the state has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The company will exercise the greatest possible care in receiving and executing product orders.
The place of delivery is the address that the consumer has made known to the company.

Subject to the provisions in Article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and without the right to compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of return are for the account of the entrepreneur.

The risk of damage and / or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated and announced representative, unless expressly agreed otherwise.

Article 12 - Term transactions: duration, termination and renewal

Termination

The consumer can terminate a contract entered into for an indefinite period, which extends to the regular delivery of goods (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of up to one month.

The consumer can terminate a fixed-term contract that has been entered into for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term with due observance of the applicable termination rules and a notice period of no more than one month.

The consumer can terminate the contracts mentioned in the previous paragraphs at any time:

terminate at any time and not be limited to termination at a specific time or in a specific period;

terminate at least in the same way as they were entered into;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

A fixed-term contract that has been entered into for the regular delivery of goods (including electricity) or services may not be tacitly extended or renewed for a specified duration.

Notwithstanding the previous paragraph, a fixed-term contract that has been entered into for the regular delivery of daily newspapers and weekly magazines may be tacitly extended for a fixed period of a maximum of three months if the consumer can terminate this 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 delivery of goods or services can 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; the notice period may not exceed three months if the contract extends to the regular, but less than once a month, delivery of daily newspapers, news and weekly magazines.

A fixed-term contract for the regular delivery of trial days, newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer can terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints Procedure

Complaints about the implementation of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

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

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.

If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.

By purchasing or entering your email address, you agree to receive marketing emails. 

Article 16 - CESOP

Since 2024, payment service providers are obliged, according to EU regulations, to report certain cross-border payment data in the central CESOP system. The aim is to combat VAT fraud within the EU.

For you as a customer, nothing changes in the ordering process – we are merely obliged to inform you about this regulation.

Contact

Email: qzaqklfglwg@hotmail.com