General terms and conditions

General terms and conditions

This website is operated by DigitalDash. Throughout the site, the
terms ‘we’, ‘us’ and ‘our’ refer to DigitalDash. DigitalDash provides
this website, including all information, tools and services available on this site
are provided to you, the user, conditioned upon your acceptance of all such
terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing anything from us, you are participating in our
‘Service’ and you agree to be bound by the following general
terms and conditions (‘Terms of Service’, ‘Terms’), including those additional
terms and policies referred to herein and/or available via a
hyperlink. These Terms of Service apply to all users of the
Site, including but not limited to users who are browsers, vendors, customers
vendors and/or content contributors. 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
Site 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 shop
added are also subject to the Terms of Service. You can download the most
latest version of the Terms of Service at any time on this page.
We reserve the right to update, change or modify any part of these Terms of Service
update, modify or replace by posting updates and/or changes on our
website. It is your responsibility to regularly
check this page for changes. Your continued use of or access to the website after
the posting of any changes constitutes your acceptance of those changes.
accept.Our shop 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.
sell to you.

Article 1 - Definitions.
In these terms and conditions, the following definitions apply: Grace period: the period within which the
consumer can make use of his right of withdrawal; Consumer: the natural
natural person who is not acting in the exercise of a profession or business and
distance contract with the trader; Day: calendar day;Duration transaction: a
distance contract relating to a series of production and/or services,
of which the obligation to deliver and/or purchase is spread over time; Durable
data carrier: any means that enables the consumer or entrepreneur to receive
information that is addressed to him personally, to be stored in a way that can be
future consultation and unaltered reproduction of the stored information
possible. Right of withdrawal: the possibility for the consumer to, within the
reflection period to waive the distance contract; Entrepreneur: the natural or
legal person who offers products and/or services to consumers at a distance
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers; Distance contract: an agreement whereby in the framework of a
by the entrepreneur organised system for distance selling of products
and/or services,up to and including the conclusion of the agreement, exclusive use is made of one or more
one or more techniques for distance communication is used; Technique
for distance communication: means that can be used for concluding
an agreement, without the consumer and entrepreneur being in the same
have come together in the same space.
General Terms and Conditions: the present General
Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
Email address: info@ellenovia.com
Company name: DigitalDash
Chamber of Commerce number: 73555088
Address: Binnendijk 5c, 5705CH Helmond

Article 3 - Applicability
These general conditions apply to every offer of the entrepreneur
and to each concluded distance contract and orders between
entrepreneur and consumer. Before the distance contract is concluded,
the text of these general terms and conditions is made available to the consumer.
made available. If this is not reasonably possible, before the distance contract is
distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the
entrepreneur can be inspected and, at the consumer's request, they will be
be sent free of charge. If the distance contract is concluded electronically
is concluded, notwithstanding the previous paragraph and before the distance contract is
distance contract is concluded, the text of these general terms and conditions can be made
be made available to the consumer electronically in such a
manner that it can be easily stored by the consumer on a sustainable
stored on a durable data carrier. If this is not reasonably possible
is, before the distance contract is concluded, it will be indicated
where the general terms and conditions can be inspected electronically and
and that at the consumer's request they will be sent electronically or
otherwise will be sent free of charge. In case in addition to these
general terms and conditions, specific product or service conditions also apply.
apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may
In the event of conflicting general terms and conditions, the consumer may always
rely on the applicable provision which is most favourable to him. If one
or more provisions in these general terms and conditions are at any time wholly or
partially void or annulled, the agreement and these
conditions shall otherwise remain in force and the provision in question shall immediately be replaced by a new provision in mutual consultation.
replaced without delay by a provision that approaches the purport of the original provision as closely as possible.
original provision as closely as possible. Situations not covered by these general
should be assessed in the spirit' of these general terms and conditions.
general terms and conditions. Uncertainties about the interpretation or content of one or more
provisions of our terms and conditions are to be interpreted ‘in the spirit
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 shall be
this shall be explicitly stated in the offer. The offer is without obligation. The
entrepreneur is entitled to change and adjust the offer. The offer
contains a complete and accurate description of the production and/or
services. The description is sufficiently detailed to make a good assessment of
the offer by the consumer as possible. If the entrepreneur makes use
uses images, these are a truthful representation of the
products and/or services offered. Obvious mistakes or obvious errors
in the offer do not bind the entrepreneur. All images, specifications
in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
dissolution of the agreement. Images of products are a truthful
truthful representation of the products offered. Entrepreneur cannot
guarantee that the colours displayed correspond exactly to the real colours of the products.
of the products. Each offer contains such information, that for the consumer
clear what the rights and obligations are, which are attached to the acceptance of the
are attached to the acceptance of the offer. This concerns in particular: the price, excluding
customs clearance costs and import VAT. These additional costs will be at the expense and
risk of the customer. The postal and/or courier service shall, with regard to import
use the special regulation for postal and courier services. This
Scheme applies if the goods are imported into the EU country of destination,
which is also the case in the present case. The postal and or courier service collects the VAT (either
or not together with the customs clearance fees charged) from the recipient
of the goods; any costs of shipment; how the
agreement will be concluded and what actions are required for that purpose; whether or not the
or not applicable of the right of withdrawal; the method of payment,
delivery and performance of the agreement; the period for accepting the offer, or the period within which
offer, or the period within which the trader guarantees the price; the
amount of the rate of distance communication if the costs of using the
of the technique for distance communication are calculated on a different
basis than the regular basic rate for the means of communication used; whether the
agreement is archived after conclusion, and if so how
can be consulted by the consumer; the manner in which the consumer, before concluding the
conclusion of the agreement, the information provided by him in the context of the agreement
can check and, if desired, repair the data provided by him within the framework of the agreement; any
languages other than Dutch in which the agreement can be concluded
the codes of conduct to which the trader is subject and the
manner in which the consumer can consult these codes of conduct electronically
and the minimum duration of the distance contract in case of an extended transaction.
duration transaction. Optional: available sizes, colours, type of materials.

Article 5 - The agreement
The agreement comes into effect, subject to the provisions of paragraph 4, at the
moment of acceptance by the consumer of the offer and meeting the
conditions thereby stipulated. If the consumer has accepted the offer electronically
has accepted the offer electronically, the trader will immediately confirm electronically the
receipt of the acceptance of the offer. As long as the receipt of this
acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the
agreement. If the agreement is concluded electronically, the entrepreneur
appropriate technical and organisational measures to protect the electronic transfer of
protect the electronic transfer of data and shall ensure a safe
web environment. If the consumer can pay electronically, the entrepreneur will
observe appropriate security measures. The entrepreneur can - within
within legal frameworks - on whether the consumer can meet his
payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the contract.
are important for a responsible conclusion of the remote agreement. If
the entrepreneur has good grounds on the basis of this investigation to conclude the
not to enter into the agreement, he is entitled to refuse an order or
application or to attach special conditions to the execution. The
entrepreneur will provide the consumer with the product or service with the following
information, in writing or in such a way that it can be
accessible way can be stored on a durable data carrier,
1. the visiting address of the trader's office where the consumer can lodge complaints
consumer can go to with complaints;2. the conditions under which and the way
way the consumer can make use of the right of withdrawal, or a
clear notification regarding the exclusion of the right of withdrawal;3.
information on guarantees and existing after-sales service;4. the information included in article 4 paragraph 3
of these conditions, unless the entrepreneur has already
already provided to the consumer before the execution of the agreement;5. the
requirements for terminating the agreement if the agreement has a duration
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 shall only apply to the first
Every agreement is entered into under the suspensive conditions of sufficient availability of the
conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the agreement without
without giving reasons for a period of 14 days. This cooling-off period
starts on the day after receipt of the product by the consumer or a previously
designated by the consumer and made known to the trader.
representative. During the reconsideration period, the consumer will carefully handle
the product and its packaging. He will only unpack or
use to the extent necessary to assess whether he wishes to keep the product.
retain it. If he exercises his right of withdrawal, he will return the product
with all delivered accessories and - if reasonably possible - in its original
condition and packaging to the entrepreneur, in accordance with the
entrepreneur provided reasonable and clear instructions. If the consumer
wishes to exercise his right of withdrawal, he is obliged to do so within 14
days, after receipt of the product, to make this known to the entrepreneur. The
consumer must do so by means of a written message/email.
After the consumer has made known that he wants to use his
right of withdrawal, the consumer must return the product within 14 days. The
consumer must prove that the delivered goods have been returned in time,
e.g. by means of proof of dispatch. If, after the expiry
of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he
right of withdrawal or has not returned the product to the company
has returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs for
returning the products are at the expense of the consumer. If the
consumer pays an amount, the entrepreneur will refund this amount as soon as possible,
but at the latest within 14 days after withdrawal. This is subject to the
condition that the product has already been received back by the entrepreneur or
conclusive proof of complete return can be submitted.

Article 8 - Exclusion of the right of withdrawal
The trader can exclude the consumer's right of withdrawal for
products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal
The exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, at least in good time before
before concluding the contract. Exclusion of the right of withdrawal is
only possible for products:1. that were created by the entrepreneur in accordance
2. that are clearly of a personal nature
3. that cannot be returned due to their nature; 4. that spoil or age quickly
spoilage or obsolescence;5. whose price is subject to fluctuations on the
financial market on which the entrepreneur has no influence;6. for single newspapers and
magazines;7. for audio and video recordings and computer software of which the
8. for hygienic products of which the consumer has broken the seal
the consumer has broken the seal. Exclusion of the right of withdrawal is
only possible for services:1. concerning accommodation, transport, restaurant business or
leisure activities to be performed on a specific date or during a specific
period;2. whose delivery has started with the express consent of the consumer
started before the cooling-off period has expired;3. concerning betting and
lotteries.

Article 9 - The price
During the validity period stated in the offer, the prices of the
products and/or services offered are not increased, except for price changes due to
as a result of changes in VAT rates. Contrary to the previous paragraph, the
Entrepreneur may offer products or services whose prices are subject to
fluctuations in the financial market and on which the entrepreneur has no influence.
has no influence on, with variable prices. This link to fluctuations and
the fact that any prices stated are target prices, shall be stated with the offer
mentioned. Price increases within 3 months after the conclusion of the
agreement are only allowed if they are the result of statutory
regulations or provisions. Price increases from 3 months after the conclusion
of the agreement are only allowed if the entrepreneur has stipulated them
and:1. these are the result of legal regulations or stipulations; or 2. the
consumer has the authority to terminate the agreement as of the
day on which the price increase takes effect. The place of delivery takes place pursuant to
Article 5, first paragraph, Turnover Tax Act 1968 takes place in the country where the
transport commences. In the present case, this delivery takes place outside the EU. In
Following this, the postal or courier service will collect import VAT c.q.
clearance charges will be collected from the customer by the postal or courier service. Consequently, the entrepreneur will not charge VAT.
charged by the entrepreneur. All prices are subject to printing and
printing errors. No liability is accepted for the consequences of printing and typing errors.
accepted. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product
according to the incorrect price.

Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, to the reasonable requirements of
soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded.
agreement existing legal provisions and/or government regulations. If
agreed, the entrepreneur also guarantees that the product is suitable
for other than normal use. A guarantee provided by the trader, manufacturer or importer
guarantee provided does not affect the legal rights and claims that the
consumer under the agreement against the entrepreneur can assert.
assert. Any defects or wrongly delivered products should be delivered within 14
days after delivery to the entrepreneur in writing. Returns
of the products should be in the original packaging and in new condition.
condition. The guarantee period of the entrepreneur corresponds to the
factory guarantee period. However, the entrepreneur is never responsible for the final suitability of the
final suitability of the products for each individual application by the consumer
consumer, nor for any advice regarding the use or application of the products.
application of the products. The guarantee does not apply if: The consumer has
repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties
The delivered products have been exposed to abnormal conditions or otherwise carelessly.
exposed or otherwise carelessly treated or contrary to the instructions of the entrepreneur and/or on the
instructions of the entrepreneur and/or have been treated on the packaging
defectiveness is entirely or partially the result of regulations which the
government has set or will set regarding the nature or quality of the materials used.
materials used.

Article 11 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and executing orders.
receiving and executing orders of products. With
observance of what is stated in article 4 of these general terms and
mentioned, the company will execute accepted orders with convenient speed but at the latest within
within 30 days, unless the consumer has agreed to a longer delivery period.
longer delivery period. If delivery is delayed, or if an order cannot
order cannot be fulfilled or can only be partially fulfilled, the
of this within 30 days after he has placed the order.
In that case, the consumer has the right to dissolve the agreement without cost
dissolve the agreement and be entitled to any damages. In case of dissolution in accordance
the previous paragraph, the entrepreneur will refund the amount the consumer has paid as
as soon as possible, but at the latest within 14 days after dissolution. If
delivery of an ordered product turns out to be impossible, the entrepreneur will make
make an effort to provide a replacement product. At the latest upon
delivery, it will be clearly and comprehensibly stated that a replacement
article will be delivered. With replacement items, the right of withdrawal cannot
be excluded. The costs of any return shipment shall be borne by
of the entrepreneur. The risk of damage and/or loss of products
rests with the entrepreneur until the moment of delivery to the consumer or a
previously designated and made known to the entrepreneur representative,
unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension
Termination The consumer can terminate an indefinite agreement
which extends to the regular delivery of products (including electricity) or services, at any time.
(including electricity) or services, at any time with due observance of
agreed termination rules and a notice period not exceeding one month.
one month. The consumer may terminate a fixed-term contract
entered into and which extends to the regular delivery of products (including electricity) or services
(including electricity) or services, at any time towards the end of the fixed term with
with due observance of the applicable termination rules and a
notice of up to one month. The consumer may terminate the agreements mentioned in the previous paragraphs
agreements referred to in the previous paragraphs: terminate them at any time and not be limited to
terminate them at a specific time or during a specific period; at least terminate them
in the same way as they were entered into by him; always terminate them with the same
notice period as the entrepreneur has stipulated for himself. Extension A
agreement entered into for a definite period and which extends to the regular
delivery of products (including electricity) or services, may not be
be tacitly extended or renewed for a fixed term. In deviation from
the previous paragraph, an agreement entered into for a definite period of time which extends to the
to the regular delivery of daily or weekly newspapers and magazines
be tacitly renewed for a fixed term not exceeding three months,
if the consumer can terminate this extended agreement at the end of the extension with
may terminate this extended agreement with a period of notice that does not exceed one month. A contract
entered into for a definite period and which extends to the regular delivery of
products or services, may only be tacitly extended for an indefinite period of time if the
renewed if the consumer may terminate it at any time with a period of notice of one month
not more than one month and a period of notice not exceeding three months if
the agreement involves the regular, but less than once a month
delivery of daily or weekly newspapers and magazines. A contract with
limited duration to the regular delivery of daily or weekly newspapers and magazines
weeklies and magazines (trial or introductory subscription) is not
tacitly and ends automatically at the end of the trial or
introductory period. Duration If an agreement has a duration of more than one year
year, the consumer may terminate the contract at any time after one year with a
notice of up to one month, unless reasonableness and fairness dictate otherwise.
fairness oppose termination before the end of the agreed term.
resist.

Article 13 - Payment
Insofar as not otherwise agreed, the amounts due by the consumer should be
should be paid within 7 working days after the start of the reflection
reflection period as referred to in article 6 paragraph 1. In the case of an agreement to
providing a service, this period commences after the consumer has received the confirmation
of the agreement. The consumer has the duty to correct inaccuracies
in payment details provided or mentioned to the entrepreneur without delay. In
case of non-payment by the consumer, the entrepreneur has, subject to legal
limitations, the right to charge reasonable
costs made known to the consumer in advance.

Article 14 - Complaints procedure
Complaints about the implementation of the agreement must be within 7 days fully
clearly described and submitted to the entrepreneur, after the consumer has
has discovered the defects. Complaints submitted to the entrepreneur
answered within 14 days from the date of receipt.
answered. If a complaint requires a foreseeably longer processing time, it will be
answered by the entrepreneur within the period of 14 days with a notice of receipt and an
receipt and an indication of when the consumer can expect a more detailed answer
can expect. If the complaint cannot be resolved by mutual agreement
a dispute arises that is susceptible to the dispute settlement procedure. A complaint does not suspend the
obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
indicates otherwise. If a complaint is found well-founded by the entrepreneur, the
entrepreneur, at its discretion, either replace or
repair.

Article 15 - Disputes
On agreements between the entrepreneur and the consumer to which these
general terms and conditions are subject to Dutch law.
applicable. Even if the consumer resides abroad.

Article 16 - Contact information
Questions about the Terms of Service can be sent to us at info@ellenovia.com.