Terms of service

Article 1 - Definitions

In these 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 course of business or profession and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Duration Transaction: a distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time.

Durable Medium: any medium that allows the consumer or the entrepreneur to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information.

Right of Withdrawal: the consumer’s option to withdraw from the distance contract within the withdrawal period.

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

Distance Contract: a contract in the context of a system organized by the entrepreneur for the remote sale of products and/or services, in which, up to and including the conclusion of the contract, only one or more remote communication techniques are used.

Remote Communication Technique: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room at the same time.

General Terms and Conditions: the current general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Business name: Elva København

Chamber of Commerce number: 84528109

Trade name: Elva København

VAT number: NL003976702B39

Customer service email: info@elvakobenhavn.nl

Business address: Copenhagen

Article 3 - Applicability

These general terms and conditions apply to any offer from the entrepreneur and any distance contract and order entered into between the entrepreneur and the consumer.

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

If the distance contract is concluded electronically, the text of these general terms and conditions can, notwithstanding the previous sentence, be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable medium. If this is not reasonably possible, it must be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically, and that they will be sent electronically or otherwise free of charge at the consumer’s request.

In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the case of conflicting general terms and conditions, the consumer may always invoke the provision most favorable to them.

If one or more provisions in these general terms and conditions are entirely or partially invalid or void, the agreement and these terms and conditions remain in force, and the provision in question will immediately be replaced by a provision that approximates the original purpose as much as possible by mutual agreement.

Situations not covered by these general terms and conditions will be evaluated "in the spirit" of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions in these terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur has the right to change 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 the consumer to make an informed assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or the cancellation of the agreement.

Images accompanying the products are a true representation of the offered products. The entrepreneur cannot guarantee that the colors shown correspond exactly to the real colors of the products.

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

the price, excluding customs fees and import VAT. These extra costs are at the customer's expense and risk. The post and/or courier service will apply the special arrangement for post and courier services related to imports. This arrangement applies if goods are imported to the destination country within the EU, which is the case here. The post and/or courier service will collect VAT (whether collected together with customs fees or not) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and which actions are necessary to do so;
whether the right of withdrawal applies or not;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the rate for remote communication if the costs of using remote communication techniques are calculated on a basis other than the usual base rate for the communication technique used;
whether the agreement is filed after its conclusion, and if so, how the consumer can access it;
the manner in which the consumer, before concluding the contract, can check the information they have provided in accordance with the contract and, if desired, correct it;
any other languages the agreement can be concluded in besides Dutch;
the codes of conduct the entrepreneur has adhered to and the manner in which the consumer can consult these codes of conduct electronically, and;
the minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colors, material types.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out in it.

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

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate security measures.

The entrepreneur may, within legal limits, inform themselves about whether the consumer can meet their payment obligations, as well as any facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur, based on this investigation, has valid reasons not to enter into the agreement, they have the right to reject an order or application or to attach specific conditions to the implementation, providing reasons.

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

the visiting address of the entrepreneur’s business where the consumer can address complaints;
the conditions and the way the consumer can exercise their right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the data included in Article 4, paragraph 3, of these terms, unless the entrepreneur has already provided these to the consumer before performing the agreement;
the requirements for terminating the agreement if the agreement lasts more than one year or is indefinite.

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

Each agreement is concluded subject to the availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 14 days. This cooling-off period starts the day after the consumer or a representative designated by the consumer receives the product.

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

If the consumer wishes to exercise their right of withdrawal, they are obligated to inform the entrepreneur within 14 days after receiving the product. The consumer must notify this via a written communication/email. Once the consumer has notified their desire to exercise their right of withdrawal, they must return the product to its original location within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by using a shipping receipt.

If the consumer has not expressed their desire to use their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase becomes final.

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 the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that decisive proof of complete return is 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 applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

That were produced according to the consumer’s specifications;
That are clearly personalized or for products that, due to their nature, cannot be returned.

Article 9 - Delivery

The entrepreneur will take the utmost care when receiving and executing orders for products.

The address provided by the consumer for delivery must be correct. Delivery times are indicative and will not exceed 30 days unless agreed otherwise. If the product cannot be delivered on time, the consumer will be notified promptly.

Article 10 - Compliance and Warranty

In the case of defective or incorrect deliveries, the products must be reported in writing to the entrepreneur within 14 days of delivery. The products should be returned in their original condition and packaging, with all accessories and documentation, unless otherwise agreed.

Article 11 - Complaints and Disputes

The entrepreneur offers a possibility to resolve complaints and disputes in a timely and efficient manner.
The consumer must notify the entrepreneur of any complaints within a reasonable period of time, preferably within 14 days after the issue arose.
If the complaint is not resolved to the satisfaction of the consumer, they can submit the complaint to the competent authority or dispute resolution body. If applicable, the entrepreneur will cooperate in the process.

Article 12 - Liability

The entrepreneur is liable for any defects in the products or services provided. The entrepreneur guarantees that the products meet the contract’s specifications and will ensure the product’s quality and functionality for the period outlined in the agreement or under Dutch law.
In the case of defects, the entrepreneur will offer either a repair or replacement product at no additional cost to the consumer, provided the product is returned within a reasonable time frame.
The entrepreneur is not liable for any indirect or consequential damages, unless otherwise specified in these terms and conditions.

Article 13 - Force Majeure

The entrepreneur is not liable if they are unable to fulfill their obligations due to force majeure. This includes any unforeseen or unavoidable events beyond the entrepreneur’s control, such as natural disasters, war, strikes, or other major disruptions.
In such cases, the entrepreneur will inform the consumer of the situation and provide an estimated time frame for the fulfillment of the agreement once the force majeure event has passed.

Article 14 - Privacy

The entrepreneur respects the privacy of their consumers and will only collect personal data to the extent necessary for fulfilling orders or legal obligations.
All personal data will be stored and processed according to the applicable privacy laws, including the General Data Protection Regulation (GDPR).
The consumer has the right to request access to, correction, or deletion of their personal data.

Article 15 - Intellectual Property

All intellectual property rights, including copyrights, trademarks, and patents, related to the products and services offered by the entrepreneur are owned by the entrepreneur or its licensors.
The consumer is not allowed to copy, modify, distribute, or exploit the products or content of the entrepreneur without prior written permission.

Article 16 - Governing Law and Jurisdiction

These terms and conditions are governed by Dutch law.
Any disputes arising from or in connection with these terms and conditions will be submitted to the competent court in the Netherlands, unless the consumer has a statutory right to submit the dispute to another court.

Article 17 - Amendments to the General Terms and Conditions

The entrepreneur reserves the right to amend these terms and conditions at any time. The amended terms will be published on the website and will be effective immediately.
If any changes affect the consumer’s rights, they will be notified promptly, and the consumer will have the option to terminate the agreement under the previous terms if they so wish.

Article 18 - Final Provisions

These general terms and conditions are part of the agreement between the entrepreneur and the consumer.
If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced by a valid provision that reflects the original intent as closely as possible.
These terms and conditions apply as of 23 February 2025, replacing any previous versions.