Table of Contents

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
• Consumer: The natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur.
• Day: Calendar day.
• Duration transaction: A distance contract relating to a series of products and/or services, with obligations spread over time.
• Durable data carrier: Any means that enables the consumer or entrepreneur to store information directed personally to them, allowing future reference and unaltered reproduction of the stored information.
• Right of withdrawal: The consumer's option to withdraw from the distance contract within the cooling-off period.
• Model withdrawal form: The form provided by the entrepreneur that a consumer can complete when they wish to exercise their right of withdrawal.
• Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
• Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for remote sales of products and/or services, using one or more means of remote communication up to the conclusion of the contract.
• Means of remote communication: A method that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place.
• General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Elevated Blue
Hooflaan 4
2678 KM De Lier
The Netherlands

Email: info@elevated-blue.nl
Chamber of Commerce (KVK): 90430182
VAT Number: NL004815072B48

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the contract is concluded where the terms can be viewed and that they will be sent free of charge upon the consumer’s request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically before the contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.
4. In addition to these general terms and conditions, if specific product or service terms apply, paragraphs 2 and 3 will apply accordingly. In case of conflicting conditions, the consumer may always invoke the applicable provision most favorable to them.
5. If any provision in these general terms and conditions is found to be wholly or partially void or nullified, the agreement and the remaining provisions will remain in effect. The void or nullified provision will be replaced in mutual consultation by a provision that closely matches the original intent.
6. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these terms.
7. Any ambiguities regarding the interpretation or content of one or more provisions of these terms must be interpreted 'in the spirit' of these terms.

Article 4 - The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper consumer assessment. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract dissolution.
5. Product images are a true representation of the offered products. However, the entrepreneur cannot guarantee that displayed colors exactly match the actual colors of the products.
6. Each offer includes clear information on the consumer’s rights and obligations upon acceptance. This includes:
• The total price including taxes;
• Any shipping costs;
• The manner in which the agreement will be concluded and necessary actions;
• Whether the right of withdrawal applies;
• The method of payment, delivery, and execution of the contract;
• The period for offer acceptance or the period within which the entrepreneur guarantees the price;
• The cost of remote communication if it differs from the basic rate;
• Whether the contract will be archived and how the consumer can access it;
• The way the consumer can check and correct the information provided before concluding the contract;
• Available languages for the contract besides Dutch;
• The codes of conduct the entrepreneur adheres to and how the consumer can review them electronically;
• The minimum duration of the distance contract in case of a continuing transaction.

Article 5 - The Agreement

1. The agreement is concluded at the moment the consumer accepts the offer and fulfills the stated conditions, subject to paragraph 4.
2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt electronically. Until this confirmation is received, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur will implement appropriate technical and organizational security measures for electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take suitable security measures.
4. The entrepreneur may, within legal limits, investigate whether the consumer can fulfill payment obligations and assess other relevant factors for responsible contract engagement. If the entrepreneur has valid reasons not to conclude the contract, they may refuse an order or attach special conditions to its execution.
5. The entrepreneur will provide the consumer with the following information, in writing or stored on a durable data carrier:
• The business address for consumer complaints;
• The conditions and procedures for the right of withdrawal, or a clear exclusion statement;
• Information on warranties and post-purchase services;
• The data specified in Article 4, unless already provided before contract execution;
• The conditions for contract termination if it exceeds one year or is indefinite.
6. In the case of a continuing transaction, paragraph 5 only applies to the first delivery.
7. Every agreement is entered into under the condition of sufficient product availability.

Article 6 - Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.
2. During the reflection 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, including all accessories, in its original condition and packaging (if reasonably possible), following the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The notification must be made using the model form or another communication method such as email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the product was returned on time, for example, by providing a shipping receipt.
4. If the consumer does not notify the entrepreneur of their withdrawal within the period specified in sections 2 and 3, or if they fail to return the product, the purchase is final.

For the delivery of services:

1. When receiving services, the consumer has the right to dissolve the agreement without stating reasons within at least 14 days from the day the agreement was made.
2. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or at the latest upon delivery.

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, they are responsible for the return shipping costs at most.
2. If the consumer has already paid, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal. The refund will only be issued after the entrepreneur has received the returned product or if the consumer provides conclusive proof of the return shipment. The refund will be made using the same payment method as the original transaction unless the consumer explicitly agrees to another method.
3. If the product is damaged due to improper handling by the consumer, they are liable for any reduction in value.
4. The consumer is not liable for any reduction in value if the entrepreneur has not provided all legally required information regarding the right of withdrawal before the purchase agreement was concluded.

Article 8 - Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the right of withdrawal for certain products, as described in sections 2 and 3. This exclusion is only valid if the entrepreneur clearly stated this in the offer before concluding the agreement.
2. The right of withdrawal may be excluded for products:
• Made to the consumer's specifications;
• That are clearly personal in nature;
• That cannot be returned due to their nature;
• That can spoil or age quickly;
• Whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
• That are newspapers or magazines;
• That are audio, video, or computer software with a broken seal;
• That are hygiene products with a broken seal.
3. The right of withdrawal may be excluded for services:
• Related to accommodation, transport, catering, or leisure activities on a specific date or period;
• That have begun with the consumer’s explicit consent before the reflection period has ended;
• Related to betting and lotteries.

Article 9 - Pricing

1. Prices of products and/or services will not be increased during the offer’s validity period, except for changes due to VAT adjustments.
2. In deviation from section 1, the entrepreneur may offer products or services with variable prices subject to financial market fluctuations beyond their control. The entrepreneur must state this clearly in the offer.
3. Price increases within three months of concluding the agreement are only allowed if resulting from legal regulations.
4. Price increases after three months are only allowed if:
• They result from legal regulations; or
• The consumer has the right to terminate the agreement starting from the date the price increase takes effect.
5. Prices mentioned in the offer include VAT.
6. Printing and typographical errors are non-binding. If such errors occur, the entrepreneur is not required to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, and the legal requirements applicable at the time of the agreement. If agreed upon, the entrepreneur also guarantees suitability for special use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights.
3. Defects or incorrect deliveries must be reported to the entrepreneur in writing within two months of discovery.
4. The entrepreneur’s warranty period corresponds to the manufacturer's warranty period. The entrepreneur is not responsible for product suitability for individual applications or any usage advice.
5. The warranty does not apply if:
• The consumer repairs or modifies the product;
• The product has been exposed to abnormal conditions or used contrary to instructions;
• Defects result from government-imposed regulations on materials.

Article 11 - Delivery and Execution

1. The entrepreneur exercises the utmost care in processing orders and delivering products/services.
2. The delivery address is the one provided by the consumer.
3. Orders are executed within 30 days unless a different period is agreed upon. If delivery is delayed, the consumer is notified within 30 days and may cancel the agreement without cost.
4. Delivery times are estimates. The consumer cannot claim compensation for delays.
5. If an order is canceled, the entrepreneur will refund the consumer within 14 days.
6. If an ordered product is unavailable, the entrepreneur will offer a replacement item. The right of withdrawal still applies.
7. Risk of product damage or loss transfers to the consumer upon delivery.

Article 12 - Duration Transactions: Termination and Renewal

Termination:

1. The consumer may terminate an indefinite agreement for regular deliveries at any time with a maximum one-month notice period.
2. A fixed-term agreement for regular deliveries may be terminated at the end of the period with a maximum one-month notice period.
3. The consumer may terminate agreements:
• At any time;
• Using the same method as the agreement was entered;
• With the same notice period as the entrepreneur applies for themselves.

Renewal:

1. A fixed-term agreement may not be automatically extended.
2. Exceptions apply to newspaper/magazine subscriptions for up to three months.
3. If extended indefinitely, termination is always possible with a one-month notice period (three months for less frequent deliveries).
4. Trial subscriptions automatically end after the trial period.

Duration:

1. Agreements longer than one year may be terminated by the consumer after one year with a one-month notice period unless unfair.

Article 13 - Payment

1. Unless agreed otherwise, payments must be made within seven days after the reflection period begins.
2. The consumer must report any payment inaccuracies immediately.
3. In case of non-payment, the entrepreneur may charge reasonable collection fees.

Article 14 - Complaints Procedure

1. Complaints must be submitted in writing within two months.
2. The entrepreneur responds within 14 days.
3. If unresolved, disputes are subject to a resolution process.

Article 15 - Disputes

1. Dutch law applies to agreements between the entrepreneur and consumer.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Any additional provisions or deviations from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.