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Terms of Service

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

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

Consumer: a natural person who is not acting in the course of business and who enters into a distance contract with the trader.

Day: a calendar day.

Ongoing contract: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligations are spread over time.

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

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

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

Distance contract: an agreement concluded in the context of a system organised by the trader for the remote sale of products and/or services, where exclusive use is made of one or more techniques for distance communication.

Means of distance communication: any tool which can be used to conclude an agreement without the consumer and trader being simultaneously present in the same place.

Terms & Conditions: the present Terms & Conditions of the trader.


Article 2 – Identity of the Trader

Business name: XRen Products
Trading name: Elysea Melbourne
Chamber of Commerce (KvK) number: 96520094
VAT number (BTW): NL005214718B91
Customer service email: info@elyseamelbourne.com

 

Article 3 – Applicability

These 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 shall 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 inspected at the trader’s premises and will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions can also be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium.

If specific product or service conditions apply in addition to these terms and conditions, the consumer can always rely on the provision that is most favourable to them in the event of conflicting terms.

If one or more provisions in these terms and conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these conditions shall remain in force. The void provision shall be replaced by a provision that approximates the original as closely as possible.

Situations not covered by these terms and conditions shall be assessed ‘in the spirit’ of these terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions shall also be interpreted ‘in the spirit’ of these terms and conditions.

 

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated.

The offer is non-binding. The trader is entitled to amend or withdraw 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 a proper assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors do not bind the trader.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the contract. Colours of products shown in images may vary slightly from the actual product.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer, particularly regarding:

  • The price (excluding import duties and GST, which may be charged to the customer by customs or the courier).
  • Any shipping costs.

  • The manner in which the contract will be concluded and which actions are necessary.

  • Whether the right of withdrawal applies.

  • The method of payment, delivery, and performance of the contract.

  • The period for accepting the offer, or the period within which the trader guarantees the price.

  • The applicable codes of conduct to which the trader has committed, and how the consumer can consult them electronically.

  • The minimum duration of the distance contract in the event of a long-term transaction.

  • Optional details: available sizes, colours, types of materials.

Article 5 – The Agreement

The agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions attached to it.

If the consumer accepts the offer electronically, the trader shall confirm receipt of acceptance of the offer electronically without delay. As long as this confirmation has not been received, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall implement appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

The trader may, within legal frameworks, obtain information about whether the consumer can meet their payment obligations, as well as other facts and factors relevant to responsibly concluding the distance contract. If the trader has valid grounds not to enter into the agreement based on this research, the trader is entitled to refuse an order or attach special conditions.

The trader shall, at the latest upon delivery of the product or service, provide the following information in writing or in a durable medium accessible to the consumer:

  • The trader’s business address where the consumer can lodge complaints.

  • The conditions under which and the way the consumer can exercise the right of withdrawal, or a clear statement regarding its exclusion.

  • Information about warranties and existing after-sales services.

  • The information referred to in Article 4, paragraph 3, unless the trader has already provided this before the performance of the contract.

  • The requirements for terminating the contract if it has a duration of more than one year or is indefinite.

 

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the agreement without providing reasons within 30 days. The cooling-off period begins the day after the consumer, or a representative designated in advance and made known to the trader, has received the product.

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

If the consumer wishes to make use of the right of withdrawal, they are required to notify the trader within 30 days after receiving the product. Notification must be made in writing or by email. After notifying the trader, the consumer must return the product within 30 days. The consumer is required to provide proof that the goods were returned on time (for example, by providing a shipping receipt). This return may be sent directly to our supplier in China.

If the consumer has not made their intention to withdraw known within the periods mentioned above, or has not returned the product within the stated period, the purchase becomes final.

 

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return costs of the products are fully the responsibility of the consumer. Please note that this may involve returning goods to the country of origin (for example, to our supplier in China).

If the consumer has already paid for the product, the trader shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided the returned product has been received by the trader or conclusive proof of return shipment has been supplied.

 

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for products and services as described in paragraphs 2 and 3. Such exclusion is only valid if the trader clearly indicated this in the offer, or at least in good time before concluding the contract.

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

  • Made to the consumer’s specifications;

  • Clearly personal in nature;

  • Which, by their nature, cannot be returned;

  • That can spoil or age quickly;

  • Whose price depends on fluctuations in the financial market that the trader cannot influence;

  • Individual newspapers or magazines;

  • Audio or video recordings or computer software where the consumer has broken the seal;

  • Hygienic products where the consumer has broken the seal.

 

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for changes due to variations in GST or other taxes.

By way of exception, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader’s control, at variable prices. This link to fluctuations and the fact that any prices stated are target prices will be clearly 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 more than 3 months after the conclusion of the contract are only permitted if:

  • They are the result of statutory regulations or provisions; or

  • The consumer has the right to terminate the contract effective from the day the price increase takes effect.

 

The place of supply, under Dutch VAT law, is considered to be the country where transportation begins. Since in this case delivery takes place outside the EU, no Dutch VAT will be charged. Please note that import GST and/or customs clearance costs may be charged to the customer by the courier or postal service.

All prices are subject to printing and typing errors. No liability will be accepted for the consequences of such errors. In the event of a printing or typing error, the trader is not obliged to supply the product at the incorrect price.

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

  • Relating to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specified period;

  • Where the delivery has begun with the explicit consent of the consumer before the cooling-off period has ended;

  • Relating to betting and lotteries.

 

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications listed in the offer, reasonable requirements of reliability and usability, and any statutory provisions or government regulations applicable at the time the agreement was concluded.

If agreed, the trader also guarantees that the product is suitable for uses 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 defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the trader is equal to the manufacturer’s warranty period. 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 had them repaired and/or modified by a third party;

  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader’s instructions and/or instructions on the packaging;

  • The defect is wholly or partly the result of regulations set or to be set by the government regarding 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 product orders.

The place of delivery is the address 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 execute accepted orders as quickly as possible but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.

In the event of termination under the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.

If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement article. At the latest upon delivery, the consumer will be clearly and comprehensibly informed that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. Any return costs are borne by the trader.

The risk of damage to 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 – Continuing Transactions: Duration, Termination and Renewal

Termination

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

The consumer may terminate a contract concluded for a fixed period, which extends to the regular delivery of products or services, at any time towards the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

  • At any time and not be limited to termination at a specific time or during a specific period;

  • At least in the same manner in which they were entered into by the consumer;

  • Always with the same notice period as the trader has stipulated for themselves.

Renewal
A contract concluded for a fixed term and which extends to the regular delivery of products or services may not be automatically renewed or extended for a fixed duration.

By way of exception, a contract concluded for a fixed term and extending to the regular delivery of newspapers, journals, and magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer can terminate this extended contract at the end of the renewal period with a notice period of no more than one month.

A contract concluded for a fixed term and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, or no more than three months if the contract is for the regular but less than monthly delivery of newspapers, journals, and magazines.

A fixed-term trial or introductory subscription to newspapers, journals, and magazines is not automatically renewed and ends automatically at the end 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 prevent 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 business days after the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer has the duty to promptly notify the trader of any inaccuracies in 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 performance of the contract must be submitted fully and clearly described to the trader within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 30 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

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, either replace or repair the delivered products free of charge.

 

Article 15 – Disputes

Contracts between the trader and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law. This applies even if the consumer resides outside the Netherlands.