Terms and conditions
The general terms and conditions consist of a number of articles. These are described below. However, first you will see a number of definitions described that you will come across in the articles.
Seller: Dutch Elephant
Buyer: a natural person who is of legal maturity and who does not act in the exercise of profession or business and with which person, the Seller concludes an agreement.
Order: an order placed by the Buyer in the heading `How to order ‘for the delivery of one or more products.
Product: an item offered by the Seller on the Website by Dutch Elephant.
Purchase price: the price of a Product stated on the Website including VAT and shipping costs.
Agreement: the order accepted by the Seller as such.
Article 1. Application of the general conditions
These general conditions, which are made available online by the Seller on www.dutchelephant.com, apply to all agreements made on the Website. This is mainly about orders.
Article 2. Establishment of the agreement.
2.1 There is an agreement if the Buyer follows and executes the steps below in its entirety.
Step 1. Click on the product.
Step 2. Choose your size.
Step 3. Product availability. There will be a bar on your screen indicating whether the product is available. If the product is available you can add the product in the shopping cart.
Step 4. Go to the shopping cart and click on order.
Step 5. Enter your personal details and continue to pay.
Step 6. Payment methods. It is only possible to pay with iDeal. Once you have paid and Dutch Elephant has received the amount of payment, the order will be sent as soon as possible.
2.2 The agreement will only come into effect if the Seller has accepted the order. This will be done either by a confirmation email as well as by delivering the product.
Article 3. Method of delivery
3.1 Delivery takes place by a carrier designated by the Seller.
3.2 After the conclusion of the agreement and the Seller has received the full sales price, the Product will be sent as soon as possible. Within no more than 14 calendar days.
3.3 We only accept orders that are within Europe.
3.4 The risk with regard to damage or loss of the products will be charged to the Buyer from the moment of delivery.
Article 4. Price and payment
4.1 The prices stated on the Seller’s website are shown in euros. The price includes VAT and excluding shipping costs. The costs of shipping and any return shipment are for the Buyer.
4.2 The Seller may adjust prices on the Website from time to time without any given notice.
Article 5. Right to return
Users who make use of a remote transaction have a legal right of withdrawal if they buy a product.
5.1 The period of revocation is fourteen calendar days after the Buyer has taken the product into possession.
Article 6. Force majeure
The Seller is not liable for any damage resulting from a delay in delivery or non-delivery of an order. If the Seller is unable or unable to fulfil his obligations under the Agreement due to force majeure, the Seller has the right to execute the Agreement within a reasonable period of time or – if performance is not possible within a reasonable period of time – The agreement to dissolve in whole or partly, without the Seller having to pay compensation.
Article 7. Complaints
7.1 The contact details of the Seller are listed at the bottom of the website under the heading “Contact”.
7.2 The Buyer must inspect the Product upon delivery and inform the Seller within a reasonable period of time (14 working days) about any visible defects or complaints of the Product that was delivered with the order.
7.3 Buyer will fully cooperate with any recall action set by the Seller.
Article 8.Intellectual property rights
8.1 All product names, logos, models and designs shown or indicated on the Products are the property of the Seller. The Buyer recognizes Seller’s right to property rights and will refrain from any use of the IP rights and will refrain from any behaviour that may cause damage or adversely affect Seller’s IP rights.
Article 9. Retention of title.
The Seller retains the title to all Products until the Buyer has fulfilled his payment obligations.
Article 10. Warranty and liability
10.1 The Seller is by law obliged to deliver a Product that complies with the contract with the Buyer.
10.2 Seller is not liable for indirect, incidental or consequential damages of whatever nature the Buyer suffers due to the Agreement. Any direct damage for which the Seller is legally liable will never exceed the selling price of the order or product.
Article 11. Applicable law.
The law of the country where you live is applicable to this agreement.
Article 12. Invalid provisions
If any provision of these general terms and conditions turns out to be invalid, then: the remaining provisions of these general terms and conditions will nevertheless remain in force and the ineffective provision will be converted into an effective provision.
Article 13. Adjustment of general conditions.
The Seller may adjust these general terms and conditions from time to time. These will then be adjusted on the website as soon as possible.