Terms of service

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

  • Reflection period: The period within which the consumer may exercise their right of withdrawal.
  • Consumer: A natural person not acting in the exercise of a trade, business, or profession who enters into a distance contract with the entrepreneur.
  • Day: A calendar day.
  • Duration transaction: A distance contract relating to a series of products and/or services where delivery and/or performance is spread over time.
  • Durable data carrier: Any medium that allows the consumer or entrepreneur to store information addressed to them in such a way that it can be consulted and reproduced unaltered in the future.
  • Right of withdrawal: The consumer’s right to rescind the distance contract within the reflection period.
  • Entrepreneur: The natural or legal person offering products and/or services at a distance.
  • Distance contract: An agreement concluded by means of one or more techniques for distance communication, where the parties are not simultaneously present.
  • Technology for distance communication: Tools or means used to conclude a distance contract.
  • General Terms and Conditions: These Terms and Conditions.

Article 2 – Identity of the Entrepreneur

  • E-mail address: contact@theelyacollection.com
  • Company Registration Number: [BUSINESS NUMBER – as registered in the UK]
  • VAT Number: [UK VAT Number]

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between the entrepreneur and the consumer in the United Kingdom.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer (electronically or in print). Should it not be reasonably possible before conclusion, the consumer will be informed where these conditions can be inspected, and they will be provided free of charge upon request.

If specific product or service conditions apply in addition to these general conditions, the provisions in these sections shall apply mutatis mutandis. In case of conflicting terms, the most favourable provision for the consumer shall apply.

If any provision is held wholly or partially invalid, the remainder of the agreement remains in force, and the invalid provision shall be replaced by a term that most closely reflects the original intent.

Uncertainties regarding interpretation shall be resolved in a manner that reflects the “spirit” of these conditions.

Article 4 – The Offer

  • Any offer subject to a limited validity or conditions shall state so clearly.
  • Offers are non-binding. The entrepreneur reserves the right to change or adjust any offer.
  • Offers contain complete and accurate descriptions of products and/or services, including images that are representative but not guaranteed to exactly reproduce real-life colours.
  • The offer shall include all necessary details to inform the consumer of their rights and obligations, including:
    • Price (excluding any customs clearance charges or import VAT if applicable to goods imported into the UK – which will be borne by the customer).
    • Cost of shipping (if any).
    • Conditions for establishing the agreement.
    • Whether or not a right of withdrawal applies.
    • Payment, delivery, and performance methods.
    • Offer acceptance period or price guarantee period.
    • Any additional costs (such as for using particular communication techniques).
    • Whether the agreement is archived and how it can be accessed.
    • Instructions for reviewing and correcting the consumer’s data before contract conclusion.
    • Any other applicable languages for contract conclusion.
    • Codes of conduct to which the entrepreneur adheres and details on how to consult them electronically.
    • For duration transactions: the minimum contract period and details such as available sizes, colours, and material types.

Article 5 – The Agreement

  • The distance contract is concluded when the consumer accepts the offer and meets the specified conditions.
  • If the offer is accepted electronically, the entrepreneur will immediately confirm receipt. Until confirmation is received, the consumer may rescind the contract.
  • Appropriate technical and organisational measures will be taken to secure data transfer and online payment.
  • The entrepreneur may, within legal limits, verify the consumer’s ability to meet payment obligations and may refuse or condition the contract if concerns arise.
  • With each product or service delivery, the entrepreneur will include:
    • The registered office address for complaints.
    • Information regarding the right (or exclusion) of withdrawal.
    • Warranty and after-sales service information.
    • Data required under Article 4 (unless provided earlier).
    • Requirements for terminating long-term contracts.
  • In the case of a duration transaction, the above applies only to the first delivery.
  • Each agreement is conditional upon the availability of the products.

Article 6 – Right of Withdrawal

  • When purchasing products, the consumer has 14 days from the day after receipt to rescind the contract without providing any reason.
  • During this period, the product must be handled only as necessary to determine its nature, characteristics, and functioning.
  • To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing (e.g. by email) within 14 days of receipt.
  • Upon withdrawal, the product (with all accessories and in as near original condition as possible) must be returned within 14 days.
  • Proof of return (e.g. shipping receipt) should be kept.
  • Failure to notify or return the product within the stipulated period means the purchase is confirmed.

Article 7 – Costs in Case of Withdrawal

  • The consumer bears the cost of returning the product.
  • If the consumer has paid, the entrepreneur will refund the amount within 14 days after receiving the returned product or evidence of its return.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for:

  • Products made to the consumer’s specifications.
  • Products that are clearly personal in nature.
  • Products that cannot be returned by their nature.
  • Products liable to spoil or deteriorate rapidly.
  • Products for which the price fluctuates in the financial market over which the entrepreneur has no control.
  • Newspapers, magazines, audio/video recordings, and software (if the seal is broken), or hygienic products once unsealed.

For services, withdrawal may be excluded for:

  • Services related to travel, accommodation, restaurant or leisure activities on a specific date or period.
  • Services for which performance began with the consumer’s express consent before the expiry of the withdrawal period.
  • Betting services and similar.

Article 9 – The Price

  • Prices remain fixed during the offer’s validity (except for changes due to VAT rate adjustments).
  • Some products/services may be offered at variable prices due to market fluctuations – this will be clearly indicated.
  • Price increases within three months of contract conclusion are allowed only due to legal changes.
  • For orders where the place of supply is outside the UK (e.g. import shipments), any import VAT or customs charges will be collected by the postal or courier service from the consumer.
  • All prices are subject to typographical errors. In such cases, the entrepreneur is not obliged to supply the product at the erroneous price.

Article 10 – Conformity and Warranty

  • The entrepreneur guarantees that products/services conform to the contract, the offer’s description, and applicable legal standards in force at the time of contract conclusion.
  • A manufacturer’s warranty does not limit the consumer’s legal rights.
  • Defects or mis-deliveries must be reported in writing within 14 days of receipt. Products should be returned in their original, unused condition.
  • The warranty period is that provided by the manufacturer, though the entrepreneur is not liable for individual suitability or usage advice.
  • The warranty does not apply if the consumer has modified or mishandled the product, or if the defect results from abnormal use or failure to follow instructions.

Article 11 – Delivery and Performance

  • The entrepreneur will take all reasonable care in processing orders.
  • The delivery address will be the one provided by the consumer.
  • Orders will be dispatched as quickly as possible and, in any event, within 30 days unless otherwise agreed.
  • If delivery is delayed or partial, the consumer will be informed within 30 days of order placement and may cancel the order.
  • In case of cancellation due to delay, the entrepreneur will refund any amounts paid within 14 days.
  • If a product is unavailable, the entrepreneur will offer a replacement. Replacement products are subject to the right of withdrawal.
  • The risk for loss or damage remains with the entrepreneur until the product is delivered to the consumer or a nominated representative (unless otherwise agreed).

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination:

  • The consumer may terminate contracts (whether indefinite or fixed-term) relating to the regular supply of products or services in accordance with the agreed notice period (not exceeding one month).

Extension:

  • A fixed-term contract for regular delivery may only be tacitly renewed for an indefinite period if the consumer may cancel it at any time (with up to one month’s notice) or for a period not exceeding three months for less frequent deliveries.
  • Contracts for trial or introductory periods will automatically end at the conclusion of that period.

Duration:

  • For contracts lasting more than one year, the consumer may cancel with a notice period not exceeding one month after the first year unless fairness or reason prevents early termination.

Article 13 – Payment

  • Unless otherwise agreed, payment is due within 7 working days after the start of the reflection period (or after confirmation in the case of services).
  • The consumer must promptly report any discrepancies in payment information.
  • In the event of non-payment, the entrepreneur reserves the right (subject to legal limits) to charge the consumer reasonable costs incurred.

Article 14 – Complaints Procedure

  • Complaints regarding the performance of the agreement must be reported in writing within 7 days after a defect is discovered.
  • The entrepreneur will respond within 14 days of receiving the complaint; if more time is needed, the consumer will be informed of the expected response time.
  • A justified complaint will result in repair or replacement of the product at the entrepreneur’s discretion.
  • Complaints do not suspend the entrepreneur’s obligations unless expressly stated.

Article 15 – Governing Law and Dispute Resolution

  • These general conditions and any resulting distance contracts are governed exclusively by UK law (specifically, English law, if applicable). This applies even if the consumer is based abroad.
  • Any disputes arising from these agreements that cannot be resolved amicably will be submitted to the appropriate UK dispute resolution body or the courts of the relevant UK jurisdiction.