General terms and conditions

General Terms and Conditions

Article 1 - Definitions In these terms and conditions the following is understood:

Reflection period: the period during which the consumer can exercise his
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 entrepreneur.

Day: calendar day;

Long-term transaction: a distance contract concerning a series of products
and/or services, for which the delivery and/or acceptance obligation is spread over time

Durable data carrier: any means that enables the consumer or entrepreneur to
information addressed personally to him, to store in a way that allows future
consultation and unchanged reproduction of the stored information possible.

Right of withdrawal: the consumer's option to cancel the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract concluded in the context of a
entrepreneur organized system for distance selling of goods and/or services, up to and including the conclusion of the contract exclusively using one or more techniques for distance communication. Technique for distance communication: means that can be used for concluding
of a contract, without the consumer and entrepreneur being present in the same space at the same time.

General Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

ElleGems Amsterdam

Chamber of Commerce No. 99207877

VAT No. NL868866696B01

Country of establishment: Netherlands


Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to
each distance contract and order concluded between entrepreneur and
consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it is indicated before the distance contract is concluded that the
general terms and conditions can be viewed at the trader and that they will be sent free of charge upon request of
will be sent to the consumer free of charge as soon as possible.

Contrary to the previous paragraph, when the distance contract is electronically
is concluded, the text of these general terms and conditions before the conclusion of the
distance contract made available to the consumer in electronic form in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible,
before the distance contract is concluded, it is indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

If, in addition to these general terms and conditions, special product or
terms of service apply, paragraphs 2 and 3 of the corresponding
application and the consumer can, in case of conflicting general terms and conditions,
always rely on the provision most favorable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or
partially invalid or voided, the rest of the agreement and these
General Terms and Conditions remain in effect and the relevant provision will be promptly,
replaced by a provision that reflects the intent of the
approached as closely as possible to the original provision.

Situations not covered by these General Terms and Conditions must be
assessed "according to the spirit" of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or
more provisions of our General Terms and Conditions must be interpreted "according to
the "spirit" of these General Terms and Conditions.

Article 4 - The offer

If an offer has a limited validity period or is made under conditions,
this is explicitly stated in the offer.

The offer is subject to change. The entrepreneur has the right to change the offer
change and adjust.

The offer contains a complete and accurate description of the offered
products and/or services. The description is sufficiently detailed to enable the consumer to
is able to correctly assess the offer. If the entrepreneur makes use of
images, these are a truthful representation of the offered products
and/or services. Obvious mistakes or obvious errors in the offer bind the
entrepreneur not.

All images, specifications, and data in the offer are indicative and cannot
may give rise to compensation or termination of the agreement.

The images of the Products are a faithful representation of the offered
Products. The Company cannot guarantee that the depicted colors exactly
correspond to the actual colors of the Products.

Each offer contains information from which the consumer can deduce which rights and obligations
are linked to the acceptance of the offer. This concerns in particular:

the price, excluding customs clearance costs and import VAT. These additional costs
are at the customer's expense and risk. The postal and/or courier service uses
the special regulation for postal and courier services upon import. This regulation applies if the goods are imported into the EU country of destination, which here
the case is. The postal and/or courier company collects the VAT (also in connection with the
customs clearance costs) to the recipient of the goods;

the shipping costs, if applicable;

the way in which the contract must be concluded and the conditions for the conclusion
necessary actions;

whether or not the right of withdrawal applies;

the method of payment, delivery, and performance of the agreement;

the period for acceptance of the offer or the period within which the trader must set the price
guarantees;

the amount of the rate for distance communication, if the costs of using
of the technique for distance communication are calculated on a different basis
then the regular basic rate for the communication technique used;

whether the contract is archived after its conclusion and, if so, in what way it
can be consulted by the consumer.

The way in which the consumer, before concluding the contract, the information he has provided in the
can check the information provided within the framework of the contract and, if desired,
correct;

all languages other than 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
that can consult codes of conduct electronically; and

The minimum duration of the distance contract in case of a longer transaction.

Optional: available sizes, colors, types of materials.

Article 5 - The contract

The contract is concluded, subject to the provisions of paragraph 4, at the
moment of acceptance by the consumer of the offer and compliance with the
conditions attached thereto.

If the consumer has accepted the offer electronically, the
entrepreneur immediately confirms receipt of the acceptance of the
offer. 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 entrepreneur takes appropriate
technical and organizational measures to secure the electronic transfer of data
to protect and ensure a secure web environment. If the consumer
pays electronically, the trader will take appropriate security measures.

The trader may - within the legal framework - obtain information about whether the consumer is able to meet his payment obligations and about all those facts and
factors that are important for responsibly entering into the distance contract. If the trader, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.

The trader provides the consumer, together with the product or service, in writing or
in such a way that it can be accessed by the consumer in an accessible manner
saved on a durable data carrier, the following information

1. the address of the trader's registered office where the consumer can direct complaints
is entitled to;

2. the conditions under which and the manner in which the consumer can exercise his
can exercise the right of withdrawal, or a clear notice of the
excluded from the right of withdrawal;

3. the information about guarantees and the existing after-sales service;

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4. the data referred to in article 4, paragraph 3, of these conditions, unless the
trader has already provided this information before the execution of the agreement to the
consumer has provided;

5. the conditions for terminating the agreement if the agreement has a
duration of more than one year or of indefinite duration.

In the case of a term agreement, the provision in the previous paragraph only applies
application to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient
availability of the products involved.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to cancel the agreement
terminate without giving reasons within 14 days. This reflection period starts on
the day after the consumer or a representative designated in advance by the consumer and the trader
designated representative has received the product.

During the cooling-off period, the consumer will handle the product and the
packaging. He will only unpack or use the product to the extent that
necessary to assess whether he wishes to keep the product. If he exercises his
exercises the right of withdrawal, he sends the product with all delivered accessories and,
as far as reasonable, return to the trader in the original condition and packaging, in accordance with the
reasonable and clear instructions provided by the trader.

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If the consumer wishes to exercise his right of withdrawal, he must
inform the entrepreneur within 14 days after receipt of the product.
notify. The consumer must do this in the form of a written notification/email.

After the consumer has communicated that he wishes to exercise his
right of withdrawal, he must return the product within 14 days. The consumer must
prove that the delivered product was returned on time, e.g., by proof of
shipment.

If the customer has not indicated after the periods referred to in paragraphs 2 and 3
given that he wishes to exercise his right of withdrawal, or the product does not meet
the trader has returned, the purchase is final.
Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of
return shipment of the goods 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 the withdrawal, refund. The condition is that
the goods have already arrived at the trader or that conclusive evidence of the
proof of full return can be provided.

Article 8 - Exclusion of the right of withdrawal

The trader can exclude the consumer from the right of withdrawal for the products described in paragraphs 2
and 3 described products. The exclusion of the right of withdrawal only applies if the

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entrepreneur clearly states this in the offer, at least in time before concluding the agreement,
has stated.

The exclusion of the right of withdrawal is only possible for products

1. that have been created by the trader according to the specifications of
the consumer

2. that are clearly personal in nature

3. that by their nature cannot be returned, or

4. that spoil or age quickly;

5. whose price is subject 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 whose seal has been broken by
the consumer has broken; and

8. for hygiene products whose seal the consumer has broken. 18

The exclusion of the right of withdrawal is only possible for services:

1. concerning accommodation, transport, hospitality, or leisure activities to be performed on a
a specific date or during a specific period;

2. whose delivery has started with the explicit consent of the consumer
before the cooling-off period expires

3. on bets and lotteries.
Article 9 - The price
During the validity period stated in the offer, the prices of the
offered products and/or services are not increased, except
price changes due to changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices
subject to fluctuations in the financial market over which he has no influence,
offer with variable prices. This is related to fluctuations and the fact that the
the mentioned prices are recommended prices, this is stated in the offer.

Price increases within 3 months after concluding the agreement are only
allowed if they are the result of legal regulations or provisions.

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Price increases from 3 months after the conclusion of the agreement are only
allowed if the entrepreneur has agreed to this and:

1. they arise from legal provisions or regulations, or

2. the consumer has the right to cancel the agreement starting from the
day on which the price increase takes effect.

According to Article 5, paragraph 1, of the 1968 VAT Act, the place of delivery is the country where
the transport begins. In that case, the delivery takes place outside the EU.
Accordingly, the postal or courier company will charge VAT upon import and/or the
charge the customer's customs clearance fees. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and
typographical errors are not accepted. In case of printing and typographical errors,
entrepreneur is not obliged to deliver the product at an incorrect price.
Article 10 - Compliance and warranty

The entrepreneur guarantees that the products and/or services comply with the
agreement, meet the reasonable requirements of
soundness and/or usability and the specifications listed in the offer at the date of the

applicable statutory provisions and/or government regulations. If
agreed, the entrepreneur also guarantees that the product is suitable for
other than normal use.

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

Any defects or incorrectly delivered products must be reported within 14 days of delivery
must be reported in writing to the entrepreneur. The products must be in the original
packaging and must be returned in new condition.

The warranty period of the Entrepreneur corresponds to the warranty period of the
Manufacturer. However, the entrepreneur is never responsible for the final
suitability of the products for any 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 himself or through a
have a third party repair and/or modify;

The delivered products have been exposed to abnormal conditions or otherwise
carelessly or in violation of the entrepreneur's instructions have been handled and/or on

the packaging has been treated;

The defectiveness is wholly or partly due to regulations imposed by the state
issued or will issue regarding the type or quality of the
used materials.

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Article 11 - Delivery and execution

The entrepreneur will exercise the greatest possible care when receiving
take into account and in the execution of orders for products.

The place of delivery is the address that the consumer has made known to the entrepreneur
has made.

Subject to the provisions of article 4 of these general terms and conditions
stated, the entrepreneur will accept orders with due speed but no later than
executed within 30 days unless the consumer has agreed to a longer
delivery period. If the delivery is delayed, or if an order cannot be
can only be partially executed, the consumer will receive notification of this no later than
Message 30 days after he placed the order. In that case, the consumer
the right to terminate the agreement free of charge and the right to any
compensation.

In case of termination according to the previous paragraph, the entrepreneur will refund the amount the

consumer has paid as soon as possible, but no later than 14 days after
termination, refund.

If it is not possible to deliver an ordered product, the entrepreneur will
make efforts to provide a replacement item. At the latest upon delivery,
to be clearly and understandably communicated that a replacement item is

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delivered. The right of withdrawal cannot be excluded for replacement items. The
return shipping costs are borne by 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 notified
representative made known to the entrepreneur, unless expressly stated otherwise
agreed.
Article 12 - Continuation of work: duration, termination, and extension

Planning

The consumer may terminate the agreement entered into for an indefinite period and which aims to
to the regular delivery of products (including electricity) or services, at
at all times terminate with observance of the agreed termination rules and
a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed term and which aims to

the regular delivery of products (including electricity) or services, at all
time towards the end of the fixed term with observance of the agreed
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

terminate it at any time and not only at a specific time or during a
fixed period

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always terminate them at least in the same way as they were concluded by them

terminate with the same notice period as the trader has set for themselves.

Extension

An agreement concluded for a fixed term and relating to the regular
delivery of goods (including electricity) or services cannot be tacitly
may be extended or renewed for a fixed term.

Notwithstanding the previous paragraph, a fixed-term agreement for periodic
the provision of daily and weekly newspapers and magazines is tacitly extended for
a fixed duration of no more than three months, if the consumer has the right to
extended agreement to be terminated at the end of the extension period with

observance of a notice period of no more than one month.

A fixed-term agreement concerning the regular delivery of goods or
the provision of services can only be tacitly extended for an indefinite period
if the consumer has the option to terminate the agreement at any time
subject to a notice period of no more than one month, which in the case of
an agreement for the regular delivery of daily and weekly newspapers or magazines,
but less than once a month, may not be longer than three months.

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A temporary contract for the regular delivery of daily and weekly newspapers and
magazines (trial or introductory subscription) will not be tacitly continued and
ends automatically after the trial or introductory period.

Durability
If an agreement has a duration of more than one year, the consumer may after the expiry
of a year, the agreement may be terminated at any time with a notice period of no more than one
cancel monthly, unless reasonableness and fairness oppose cancellation before the end
postpone the agreed duration.

Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer
paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In
in case of an agreement concerning the provision of a service, this period starts
after the consumer has received the confirmation of the agreement.

The consumer has the duty to report inaccuracies in the provided data or the
indicated payment must immediately report to the operator.

In case of non-payment by the consumer, the entrepreneur, subject to legal
limitations the right to charge all reasonable costs that have been communicated to him in advance to the
charged to the consumer.

Article 14 - Complaints

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Complaints about the execution of the agreement must be fully and clearly described
are submitted to the entrepreneur within 7 days after the consumer has discovered the defects.
has been established.

Complaints submitted to the trader will be answered within 14 days after the date
of receipt. If a complaint requires a foreseeable longer
processing time is requested, it will be answered by the trader within the period of 14 days
answered with an acknowledgment of receipt and an indication of when the consumer can expect a
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 entrepreneur, the entrepreneur will
at their choice or replace or repair the delivered products free of charge.

Article 15 - Disputes

On agreements between the entrepreneur and the consumer to which these general
terms and conditions apply, only Dutch law applies. Even if
the consumer lives abroad.