Terms of service

General Terms and Conditions

These terms and conditions are managed by Ella&Stella. Throughout the site, the terms "we", "us" and "our" refer to Ella&Stella. Ella&Stella offers this website, including all information, tools and services available on this site, to you, the user, on the condition that you agree to all the terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you participate in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and policies referred to herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants and/or contributors of content. Please read these Terms of Service carefully before visiting or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms of this agreement, you may not visit the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store are also subject to the Terms of Service. You can view the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal.

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the trader.

Day: calendar day.

Ongoing 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 personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.

Trader: the natural or legal person who offers products and/or services remotely to consumers.

Distance contract: a contract whereby, within the framework of a system organized by the trader for 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 contract.

Means of distance communication: a means that can be used for concluding a contract, without the consumer and trader being simultaneously present in the same place.

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

Article 2 – Identity of the Trader

Email address: Company name: Chamber of Commerce number: Address:

Article 3 – Applicability

These general 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 general 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 general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, prior to the conclusion of the distance contract, 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or in another way upon request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may, in the event of conflicting general terms and conditions, always invoke 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 partially void or annulled, the contract and these terms and conditions shall otherwise remain in force, and the relevant provision shall be immediately replaced by mutual agreement with a provision that approximates the purpose of the original as closely as possible.

Situations not governed by these general terms and conditions shall be assessed in the spirit of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall 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 non-binding. The trader is entitled 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 allow the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract. Images of products are a truthful representation of the products offered. The trader cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

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

  • The price, excluding customs clearance costs and import VAT. These additional costs will be borne by and at the risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to the import. This arrangement applies when goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will collect the VAT (together with any customs clearance charges) from the recipient of the goods.
  • Any shipping costs.
  • 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 execution of the contract.
  • The deadline for accepting the offer, or the deadline within which the trader guarantees the price.
  • The rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used.
  • Whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer.
  • The way in which the consumer can check and, if desired, correct the data provided in the context of the contract before its conclusion.
  • Any other languages, in addition to Dutch, in which the contract can be concluded.
  • The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically.
  • The minimum duration of the distance contract in the case of an ongoing transaction. Optionally: available sizes, colors, types of materials.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set therein. If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve 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 will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader may – within legal frameworks – investigate whether the consumer is able to meet their payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance contract. If the trader has good grounds based on this investigation to refuse to enter into the contract, they are entitled to refuse an order or request with stated reasons or to attach special conditions to its execution.

The trader will send the following information to the consumer 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:

  1. The visiting address of the trader's establishment where the consumer can go with complaints.
  2. The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
  3. Information about warranties and existing after-sales service.
  4. The details included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the execution of the contract.
  5. The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery. Every contract is entered into under the suspensive condition of 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 reasons within 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the trader.

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

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. The consumer must do so by means of a written statement/email. After the consumer has indicated their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned in a timely manner, for example by means of proof of shipment. If the customer has not indicated their wish to exercise the right of withdrawal and has not returned the product to the trader after the expiry of the periods mentioned in paragraphs 2 and 3, 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 are at the consumer's expense. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer, or that conclusive proof of complete return shipment 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, or 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 trader in accordance with the consumer's specifications.
  2. That are clearly of a personal nature.
  3. That cannot be returned by their nature.
  4. That can deteriorate or expire rapidly.
  5. The price of which is tied to fluctuations in the financial market over which the trader 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 of which the consumer has broken the seal.

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

  1. Concerning accommodation, transportation, restaurant services or leisure activities to be performed on a specific date or during a specific period.
  2. The delivery of which has begun with the express consent of the consumer before the cooling-off period has expired.
  3. Concerning bets 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.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of 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:

  1. They are the result of statutory regulations or provisions; or
  2. The consumer has the right to cancel the contract with effect from the day on which the price increase takes effect.

The place of delivery, pursuant to Article 5, paragraph 1 of the Turnover Tax Act 1968, takes place in the country where transportation begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT and/or customs clearance costs from the recipient. Consequently, no VAT will 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 conform to the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force on the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Return of products must be made in the 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 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 themselves, or has had them repaired and/or modified by third parties.
  • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the trader's instructions and/or those on the packaging.
  • The defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The trader will exercise the greatest possible care when receiving and executing orders for products. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly, but no later than 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 notified no later than 30 days after placing the order. The consumer then has the right to dissolve the contract free of charge and the right to any compensation.

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

If delivery of an ordered product proves to be impossible, the trader will make an effort to make a replacement item available. At the time of delivery at the latest, it will be clearly and understandably communicated that a replacement item is being delivered.

The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the trader's expense.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a previously designated representative made known to the trader, unless expressly agreed otherwise.

Article 12 – Ongoing Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract concluded for a definite period that provides for the regular delivery of products (including electricity) or services at any time before the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts mentioned in the previous paragraphs:

  • At any time and may not be restricted to termination at a specific time or in a specific period.
  • At least in the same manner as they were entered into.
  • Always with the same notice period as the trader has stipulated for themselves.

Renewal

A contract concluded for a definite period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Contrary to the previous paragraph, a contract concluded for a definite period that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, if the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.

A contract concluded for a definite period that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in cases where the contract provides for the regular, but less than once monthly, delivery of daily, news and weekly newspapers and magazines.

A contract of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end at the expiry of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.

The consumer is obliged to immediately notify the trader of any inaccuracies in the payment details provided or stated.

In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted to the trader fully and clearly described within 7 days of the consumer discovering the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period 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 obligations of the trader, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

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

Article 16 – Contact Information

Questions about the Terms of Service can be sent to us via shopcontactdt@gmail.com