Terms of service
Terms of services
Article 1 – Definitions
In these terms, the following definitions apply:
Reflection period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Duration transaction: 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 means that enables the consumer or trader 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 option for the consumer to cancel the distance contract within the reflection period;
Trader: 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 a system organized by the trader for the distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Distance communication technology: a means that can be used to conclude an agreement 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: Evelior Address: 41 Minstead Gardens, London SW15 4ER, United Kingdom Email: STORE EMAIL info@evelior.com
Article 3 – Applicability
These general terms and conditions apply to every offer from 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, before the distance contract is concluded it will be indicated that the terms and conditions can be viewed at the trader's premises and that they will be sent free of charge as soon 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. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partly void or annulled, the remainder of the contract and these terms and conditions will remain in force, and the provision in question will be replaced immediately, by mutual agreement, with a provision that closely approximates the original.
Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these terms and conditions.
Any uncertainty about the interpretation or content of one or more provisions of our terms and conditions must be interpreted "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 expressly stated in the offer.
The offer is without obligation. The trader has the right to modify 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 allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. 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 termination of the contract.
Product images are a true representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the actual colors of the products.
Every offer contains information such that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
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the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special scheme reserved 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 also the case here. The postal and/or courier service collects VAT (whether or not accompanied by invoiced customs clearance costs) from the recipient of the goods;
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any shipping costs;
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the manner in which the agreement will be concluded and what actions are required for this;
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whether or not the right of withdrawal applies;
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the method of payment, delivery, and performance of the contract;
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the period for accepting the offer, or the period within which the trader guarantees the price;
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the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
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whether the contract is archived after its conclusion, and if so, how it can be accessed by the consumer;
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the way in which the consumer, before concluding the contract, can check the data they have provided under the contract and, if desired, restore it;
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any other language in which, in addition to Dutch, the contract can be concluded;
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the codes of conduct to which the trader is subject and the way in which the consumer can view these codes of conduct electronically; and
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the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The Agreement
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may cancel the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may — within legal limits — inform themselves as to whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
The trader will send the consumer the following information along 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 medium:
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the visiting address of the trader's place of business where the consumer can go with complaints;
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the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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information about warranties and existing after-sales service;
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the information included in Article 4, paragraph 3 of these terms, unless the trader has already provided this information to the consumer prior to performance of the contract;
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the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into subject to sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to cancel the contract without giving reasons within 14 days. This reflection period begins on the day after the product is received by the consumer, or by a representative designated in advance by the consumer and made known to the trader.
During the reflection 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 to the trader with all accessories supplied and — if reasonably possible — in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the trader within 14 days of receiving the product. The consumer must do so by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is 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 trader will refund this amount as soon as possible, but no later than within 14 days of cancellation. This is subject to the condition that the product has already been returned by the online retailer, or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The trader may 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 trader has clearly stated this in the offer, at least in time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
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that have been created by the trader according to the consumer's specifications;
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that are clearly personal in nature;
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that by their nature cannot be returned;
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that can spoil or age quickly;
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whose price is subject to fluctuations in the financial market over which the trader has no influence;
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for individual newspapers and magazines;
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for audio and video recordings and computer software of which the consumer has broken the seal;
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for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
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concerning accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
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the delivery of which has begun with the express consent of the consumer before the reflection period has expired;
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concerning betting and lotteries.
Article 9 – The Price
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.
Notwithstanding the previous paragraph, the trader may offer products or services with variable prices, where such prices are subject to fluctuations in the financial market over which the trader has no influence. This susceptibility to fluctuation and the fact that any stated prices are indicative prices are stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this, and:
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they are the result of statutory regulations or provisions; or
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the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
In accordance with Article 5, paragraph 1 of the Turnover Tax Act 1968, the place of delivery takes place in the country of departure of transport. In this case, this delivery takes place outside the EU. The postal or courier service will then collect the import VAT or customs clearance costs from the customer. No VAT will therefore be charged by the trader.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions in force on the date the contract is concluded and/or government regulations. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.
Any defect or incorrectly delivered product must be reported in writing to the trader within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.
The warranty does not apply if:
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The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
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The delivered products have been exposed to abnormal conditions or have been handled negligently or contrary to the trader's instructions and/or the instructions on the packaging;
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The defect arises wholly or partly from regulations that the government has imposed or will impose on the nature or quality of the materials used.
Article 11 – Delivery and Performance
The trader will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
With due observance of what is stated in Article 4 of these terms and conditions, the company will process accepted orders as quickly as possible, 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 be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract free of charge and is entitled to any compensation.
In the event of cancellation in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the cancellation.
If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Cancellation, and Extension
Cancellation
The consumer can cancel a contract concluded for an indefinite period at any time, that extends to the regular delivery of products (including electricity) or services, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer can cancel a contract concluded for a fixed period, that extends to the regular delivery of products (including electricity) or services, at any time up to the end of the fixed period, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer can cancel the contracts referred to in the previous paragraphs:
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cancel at any time and not be limited to cancellation at a specific time or within a specific period;
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cancel at least in the same manner in which they were concluded;
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always cancel with the same notice period as stipulated by the trader for themselves.
Extension
An agreement concluded for a fixed period, that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a contract concluded for a fixed period that extends to the regular delivery of daily or weekly news and magazines may be tacitly extended for a fixed period of up to three months, if the consumer may cancel this extended agreement, at the end of the extension, with a notice period of no more than one month.
A contract concluded for a fixed period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement extends to the regular delivery, but less than once a month, of daily and weekly news and magazines.
A contract with a limited duration for the regular delivery of daily and weekly news and magazines for trial purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may cancel the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the trader.
In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge reasonable costs communicated to the consumer in advance.
To optimize the payment process, a partnership has been established with: STORE NAME, located in [CITY/COUNTRY]. This means that all payments from the various payment service providers are transferred to STORE NAME, which then forwards them. STORE NAME is therefore not liable in any way for defects arising from the purchase.
Article 14 – Complaints Procedure
Complaints about the performance of the contract must be submitted fully and clearly described to the trader within 7 days of the consumer discovering the defects.
Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the trader and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and strengthened in 2024 regarding the "Amendment to the Turnover Tax Act 1968 (implementation of the Payment Services Providers Directive)" and thus the implementation of the Central Electronic System of Payment information (CESOP), payment service providers may record data in the European CESOP system.
Company Name: Evelior
Address: 41 Minstead Gardens, London SW15 4ER, United Kingdom
Email: info@evelior.com
Customer service hours:
Monday to Friday: 8:00 - 17:00
Saturday to Sunday: 9:00 - 16:00
We aim to respond to all enquiries within 12 hours.