Terms of service
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and who enters into a distance contract with the trader;
Day: calendar day;
Continuous performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any tool that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organised system for distance selling of products and/or services by the trader, whereby, up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same place at the same time;
Terms and Conditions: these terms and conditions of the trader.
Article 2 – Identity of the trader
Company name: A&B Commerce LTD
Trading name: Elvya
Company Registration Number: 16529064
Registered address:
71-75 Shelton Street
Covent Garden
London WC2H 9JQ
United Kingdom
Website: www.elvya.nl
E-mail: info@elvya.nl
Article 3 – Applicability
These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the terms and conditions can be viewed at the trader's premises and that they will be sent free of charge as quickly as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium.
In the event that, in addition to these terms and conditions, specific product or service terms also apply, the consumer may always rely on the applicable provision that is most favourable to them in the event of conflicting terms and conditions.
Should one or more provisions of these terms and conditions be wholly or partly void or be annulled at any time, the contract and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.
Situations not provided for in these terms and conditions must be assessed in the spirit of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The trader has 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 allow the consumer to make a proper assessment of the offer.
Obvious mistakes or errors in the offer do not bind the trader.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
The contract is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure online environment.
Every contract is concluded subject to sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving any reason for a period of 14 days after receipt of the product.
In addition to the statutory 14-day right of withdrawal, Elvya offers a voluntary 90-day money-back guarantee on selected products. The terms of this guarantee are set out in the return and refund policy.
During the withdrawal period, the consumer will handle the product and packaging with care.
If the consumer wishes to exercise their right of withdrawal, they must notify us in writing within 14 days of receipt at info@elvya.nl.
After the consumer has indicated that they wish to exercise their right of withdrawal, the product must be returned within 14 days, accompanied by proof of shipment.
Article 7 – Costs of withdrawal
The costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days of withdrawal, provided the product has been received in return or conclusive proof of return has been submitted.
Article 8 – Exclusion of the right of withdrawal
The right of withdrawal is excluded for products:
which, by their nature, cannot be returned;
which can spoil or deteriorate quickly;
for hygiene products where the consumer has broken the seal, including mouthpieces and products that come into contact with the mouth;
which are clearly personal in nature;
for audio and video recordings and computer software where the consumer has broken the seal.
The trader may only exclude the right of withdrawal if this is clearly stated in the offer before the contract is concluded.
Article 9 – Price
All prices on the website are displayed inclusive of applicable taxes, unless stated otherwise.
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
Article 10 – Compliance and warranty
The trader warrants that the products comply with the contract, the specifications stated in the offer, and the reasonable requirements of soundness and/or usability.
Any defects or incorrectly delivered products must be reported in writing within 14 days of delivery at info@elvya.nl.
Article 11 – Delivery and performance
The trader will exercise the greatest possible care when receiving and executing orders.
The delivery address shall be the address that the consumer has communicated to the company.
Accepted orders will be executed within 30 days at the latest, unless a longer delivery period has been agreed.
If delivery is delayed, the consumer will be notified as soon as possible.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer.
Article 12 – Payment
Amounts owed by the consumer must be paid using the payment methods offered at checkout.
The consumer has a duty to promptly report any inaccuracies in the payment details provided to the trader at info@elvya.nl.
Article 13 – Complaints procedure
Complaints about the performance of the contract must be submitted fully and clearly described at info@elvya.nl.
We aim to respond to all complaints within 24 hours on business days.
If a complaint requires a longer processing time, the consumer will receive an acknowledgement of receipt with an indication of the expected response time.
If a complaint is found to be justified, the trader will, at its own discretion, replace, repair or refund the delivered products free of charge.
Article 14 – Disputes
Dutch law applies to contracts between the trader and the consumer to which these terms and conditions relate, insofar as permitted by law.
Disputes will initially be resolved through mutual consultation. If no solution is reached, the consumer may make use of the available statutory dispute resolution procedures.