General terms & conditions

Terms and Conditions Elleloom.care

Table of Contents

General Terms and Conditions for Elleloom Hardware

  • Article 1.1 - Definitions
  • Article 1.2 – Identity of the Entrepreneur
  • Article 1.3 – Applicability
  • Article 1.4 – The Offer
  • Article 1.5 – The Agreement
  • Article 1.6 – Right of Withdrawal
  • Article 1.7 – Consumer Obligations during the Cooling-off Period
  • Article 1.8 – Exercising the Right of Withdrawal by the Consumer and Costs thereof
  • Article 1.9 – Entrepreneur’s Obligations in Case of Withdrawal
  • Article 1.10 – Exclusion of the Right of Withdrawal
  • Article 1.11 – The Price
  • Article 1.12 – Fulfillment of the Agreement and Additional Warranty
  • Article 1.13 – Delivery and Execution
  • Article 1.14 – Duration Transactions: Duration, Termination, and Renewal
  • Article 1.15 – Payment
  • Article 1.16 – Complaint Procedure
  • Article 1.17 – Disputes
  • Article 1.18 – Additional or Deviating Provisions

Appendix I: Model Withdrawal Form

General Terms and Conditions for Elleloom Software

  • Article 2.1 Interpretation and Definitions
  • Article 2.2 Acknowledgement
  • Article 2.3 Placing Orders for Goods
  • Article 2.4 Pricing Policy
  • Article 2.5 Payments
  • Article 2.6 Subscriptions
  • Article 2.7 In-app Purchases
  • Article 2.8 Promotions
  • Article 2.9 User Accounts
  • Article 2.10 Intellectual Property
  • Article 2.11 Your Feedback to Us
  • Article 2.12 Links to Other Websites
  • Article 2.13 Termination
  • Article 2.14 Limitation of Liability
  • Article 2.14 Applicable Law
  • Article 2.15 Dispute Resolution
  • Article 2.16 Severability and Waiver
  • Article 2.17 Amendments to These Terms and Conditions

General Terms and Conditions for Elleloom Hardware
Article 1.1 - Definitions

In these terms and conditions, the following definitions apply:

  • Supplementary Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in relation to a distance contract, and these products, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between the third party and the entrepreneur;
  • Cooling-off Period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activities;
  • Day: calendar day;
  • Digital Content: data that is produced and supplied in digital form;
  • Continuing Performance Contract: an agreement that aims for the regular supply of goods, services, and/or digital content over a specified period;
  • Durable Data Carrier: any device – including email – that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation or use for a period tailored to the purpose of the information and that allows unaltered reproduction of the stored information;
  • Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who is a member of the Stichting Webshop Keurmerk and offers products, (access to) digital content, and/or services to consumers remotely;
  • Distance Contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby one or more means of distance communication are used exclusively up to and including the conclusion of the agreement;
  • Model Withdrawal Form: the European model withdrawal form included in Appendix I of these terms and conditions;
  • Means of Distance Communication: a tool that can be used for concluding an agreement without the consumer and entrepreneur being physically present in the same space simultaneously.

Article 1.2 – Identity of the Entrepreneur
De Gezondheidsspecialist B.V.
Terminalweg 19A
3821AJ Amersfoort
The Netherlands

support@elleloom.care
+31 (0)33 798 13 25
Opening hours: by appointment

Chamber of Commerce: 80344437
VAT Number Netherlands: NL 8616 389 80 B01

Article 1.3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

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 distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or by other means upon the consumer's request.

In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly, and the consumer may always invoke the most favorable provision in case of conflicting terms.

Article 1.4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer includes a complete and accurate description of the offered products, digital content, and/or services. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, these will be a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Every offer contains sufficient information to make clear to the consumer what their rights and obligations are if they accept the offer.

Article 1.5 – The Agreement
The agreement 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 set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. 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 will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

The entrepreneur may, within legal frameworks, gather information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to reject an order or request or attach special conditions to its execution, with motivation.

The entrepreneur will, at the latest upon delivery of the product, service, or digital content to the consumer, provide the following information, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable data carrier:

  • the address of the entrepreneur's business where the consumer can lodge complaints;
  • the conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information about warranties and existing after-purchase services;
  • the price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
  • the requirements for terminating the agreement if the contract has a duration of more than one year or is indefinite;
  • if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

 

Article 1.6 – Right of Withdrawal
For products:
The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige them to provide their reason(s).

The cooling-off period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer, who is not the carrier, receives the product, or:

  • if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that they have clearly informed the consumer about this before the order process.
  • if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or part.
  • for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, receives the first product.

For services and digital content not delivered on a tangible medium:
The consumer can dissolve a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium during a cooling-off period of at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige them to provide their reason(s).

The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not delivered on a tangible medium if not informed about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the original cooling-off period, as determined by the previous paragraphs of this article.

If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 1.7 – Consumer Obligations During the Cooling-off Period
During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer should only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

The consumer is only liable for any decrease in the value of the product that results from handling the product in a manner beyond what is permitted in paragraph 1.

The consumer is not liable for any decrease in the value of the product if the entrepreneur has failed to provide all the legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 1.8 – Exercising the Right of Withdrawal by the Consumer and Costs Thereof
If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) the entrepreneur. This does not apply if the entrepreneur has offered to collect the product themselves. The consumer has complied with the return period if they send the product back before the cooling-off period has expired.

The consumer must return the product with all supplied accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates they will bear the costs, the consumer does not have to pay the return costs.

If the consumer withdraws after having explicitly requested that the provision of the service or the supply of gas, water, or electricity (not ready for sale in a limited volume or quantity) begin during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.

The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity (not ready for sale in a limited volume or quantity), or for district heating if:

  • the entrepreneur has not provided the legally required information about the right of withdrawal, the compensation for costs in the event of withdrawal, or the model withdrawal form, or;
  • the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the cooling-off period.

The consumer does not bear any costs for the full or partial supply of digital content not delivered on a tangible medium if:

  • they have not expressly consented to the commencement of the performance of the contract before the end of the cooling-off period;
  • they have not acknowledged losing their right of withdrawal by giving consent; or
  • the entrepreneur has failed to confirm this acknowledgment from the consumer.

If the consumer exercises their right of withdrawal, any supplementary agreements will be automatically dissolved by operation of law.

Article 1.9 – Entrepreneur's Obligations in Case of Withdrawal
If the entrepreneur allows the consumer to notify them of the withdrawal electronically, they must send an acknowledgment of receipt without delay after receiving this notification.

The entrepreneur must refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 14 days following the day the consumer informs the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product back or until the consumer provides proof of having returned the product, whichever occurs first.

The entrepreneur must use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund must be free of charge for the consumer.

If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

Article 1.10 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least before the conclusion of the agreement:

  • Products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, and which may occur within the withdrawal period;
  • Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
  • Service agreements, after full performance of the service, but only if:
    • the execution has begun with the consumer's explicit prior consent; and
    • the consumer has declared that they will lose their right of withdrawal once the entrepreneur has fully performed the agreement;
  • Service agreements for the provision of accommodation, if the agreement specifies a particular date or period of performance and other than for residential purposes, goods transport, car rental services, and catering;
  • Agreements related to leisure activities, if the agreement specifies a particular date or period of performance;
  • Products manufactured according to the consumer's specifications that are not prefabricated and are made based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
  • Products that spoil quickly or have a limited shelf life;
  • Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery;
  • Products that are, by their nature, inseparably mixed with other products after delivery;
  • Alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
  • Sealed audio or video recordings and computer software, whose seal has been broken after delivery;
  • Newspapers, periodicals, or magazines, except for subscriptions to them;
  • The delivery of digital content not supplied on a tangible medium, but only if:
    • the performance has begun with the consumer's explicit prior consent; and
    • the consumer has declared that this will cause them to lose their right of withdrawal.

Article 1.11 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any listed prices are target prices will be stated in the offer.

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

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

  • they are the result of legal regulations or provisions; or
  • the consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 1.12 – Performance of the Agreement and Additional Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur fails to fulfill their part of the agreement.

Additional guarantee refers to any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required if they fail to fulfill their part of the agreement.

Article 1.13 – Delivery and Execution
The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.

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

Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will promptly refund any amount paid by the consumer.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 1.14 – Duration Transactions: Duration, Termination, and Renewal

Termination:
The consumer may terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed-upon termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been entered into for a fixed period and that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed-upon termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

  • at any time and is not limited to termination at a specific time or within a certain period;
  • at least in the same manner as the agreement was originally made;
  • always with the same notice period that the entrepreneur has stipulated for themselves.

Renewal:
An agreement entered into for a fixed period and involving the regular delivery of products (including electricity) or services cannot be automatically extended or renewed for a fixed period.

In deviation from the previous paragraph, an agreement entered into for a fixed period and involving the regular delivery of daily, news, or weekly newspapers and magazines may be automatically renewed for a fixed period of no more than three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period and involving the regular delivery of products or services can only be automatically extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period may be up to three months if the agreement involves the regular, but less than monthly, delivery of daily, news, or weekly newspapers and magazines.

An agreement with a limited duration for the regular introductory delivery of daily, news, or weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and will end automatically at the end of the trial or introductory period.

Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 1.15 – Payment
Unless otherwise specified in the agreement or supplementary terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins the day after the consumer receives confirmation of the agreement.

When selling products to consumers, the consumer must never be obliged to make an advance payment of more than 50% under the general terms and conditions. If advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.

The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.

If the consumer fails to meet their payment obligation(s) on time, after being notified by the entrepreneur of the late payment and being granted a 14-day period to still fulfill the payment obligations, the consumer will owe statutory interest on the outstanding amount after the expiration of this 14-day period. The entrepreneur is also entitled to charge the out-of-court collection costs they have incurred. These collection costs amount to a maximum of:

  • 15% on outstanding amounts up to €2,500;
  • 10% on the following €2,500;
  • and 5% on the next €5,000, with a minimum of €40.
    The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 1.16 – Complaint Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described, within a reasonable time after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved within a reasonable time or within 3 months after it was submitted, it will become a dispute that is subject to the dispute resolution procedure.

Article 1.17 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 1.18 – Additional or Deviating Provisions
Additional provisions or deviations from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Appendix I: Model Withdrawal Form

(Only complete and return this form if you wish to withdraw from the agreement)

  • To: [Name of the entrepreneur]

  • I/We* hereby inform you that I/we* withdraw from our agreement regarding:

    • the sale of the following products: [product description]*
    • the delivery of the following digital content: [digital content description]*
    • the performance of the following service: [service description]*

  • Ordered on*/received on* [date of order for services or receipt for products]

  • [Name of consumer(s)]

  • [Address of consumer(s)]

  • [Signature of consumer(s)] (only if this form is submitted on paper)

Terms and Conditions for Elleloom Software
Last updated: July 3, 2024

Please read these terms and conditions carefully before using our services.

Article 2.1 Interpretation and Definitions

Interpretation
Words with capitalized initial letters have meanings defined under the following conditions. The following definitions have the same meaning whether they appear in singular or plural.

Definitions
For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company and downloaded by you on an electronic device, called Elleloom.
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) where the Application has been downloaded.
  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other voting securities for the election of directors or other managing authority.
  • Account means a unique account created for you to access our Service or parts of our Service.
  • Country refers to: Amersfoort, The Netherlands.
  • Company (referred to as "the Company," "We," "Us," or "Our" in this Agreement) refers to De Gezondheidsspecialist B.V., Terminalweg 19a, 1821 AJ Amersfoort, The Netherlands.
  • Device means any device that can access the Service, such as a computer, mobile phone, or digital tablet.
  • Feedback means feedback, innovations, or suggestions sent by you regarding the attributes, performance, or features of our Service.
  • Free Trial refers to a limited period that may be free when purchasing a subscription.
  • Goods refer to the items offered for sale on the Service.
  • In-app Purchase refers to the purchase of a product, item, service, or subscription through the Application and is subject to these Terms and Conditions and/or the terms of the respective Application Store.
  • Orders refer to a request by you to purchase Goods from The Netherlands.
  • Service refers to the Products, Application, or Website, or both.
  • Subscriptions refer to the services or access to the Service offered to you by the Company on a subscription basis.
  • Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • Website refers to Elleloom, accessible via https://elleloom.care/.
  • You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Article 2.2 Acknowledgement
These are the Terms and Conditions that govern the use of this Service and the agreement that is in effect between You and the Company. These Terms and Conditions outline the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you may not access the Service.

You declare that you are over the age of 18. The Company does not permit individuals under the age of 18 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and informs You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Article 2.3 Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information
If you wish to place an Order for Goods available on the Service, you may be required to provide certain information relevant to your Order, including, but not limited to, your name, email address, phone number, credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with an Order; and that (ii) the information you provide to us is true, correct, and complete.

By submitting such information, you grant us the right to provide the information to third parties for payment processing purposes to facilitate the completion of your Order.

Order Cancellation
We reserve the right to refuse or cancel your Order at any time for certain reasons, including but not limited to:

  • Goods availability
  • Errors in the description or prices of Goods
  • Errors in your Order

We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Right to Cancel an Order
Any Goods you purchase can only be returned in accordance with these Terms and our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy for more information about your right to cancel your Order.

Your right to cancel an Order applies only to Goods that are returned in the same condition as you received them. You must also include all products, instructions, documents, and packaging. Goods that are damaged, not in the same condition as you received them, or that have been used after opening the original packaging will not be refunded. Therefore, you should take reasonable care of the purchased Goods while they are in your possession.

We will reimburse you no later than 14 days from the day we receive the returned Goods. We will use the same payment method that you used for the Order, and you will not incur any fees for such reimbursement.

You do not have the right to cancel an Order for the delivery of any of the following Goods:

  • The supply of Goods made to your specifications or clearly personalized.
  • The supply of Goods which by their nature are not suitable to be returned, deteriorate rapidly, or where the expiry date has passed.
  • The supply of Goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • The supply of Goods which, after delivery, are inseparably mixed with other items by their nature.
  • The supply of digital content not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of the right of withdrawal.

Availability, Errors, and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Article 2.4 Pricing Policy

The Company reserves the right to revise its prices at any time before accepting an order.

The prices quoted may be revised by the Company after accepting an Order in the event of any occurrence affecting delivery due to government action, a change in customs duties, increased shipping charges, higher foreign exchange costs, or any other matter beyond the control of the Company. In such a case, you have the right to cancel your order.

Article 2.5 Payments

All purchased goods are subject to a one-time payment. Payment can be made via various payment methods we make available, such as Ideal, Visa, MasterCard, or online payment methods (for example, PayPal).

Payment cards (credit or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we are not liable for any delay or non-delivery of your order.

Article 2.6 Subscriptions

Subscription Period
The Service or some parts of the Service are only available with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of subscription you select when purchasing the Subscription.

At the end of each period, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it.

Cancellation of Subscriptions
You may cancel the renewal of your Subscription either through your account settings page or by contacting the Company. You will not receive a refund for the fees you have already paid for your current subscription period, and you will have access to the service until the end of your current subscription period.

If the Subscription was made via an In-app Purchase, you can cancel the renewal of your Subscription in the App Store.

Billing
You must provide the Company with accurate and complete billing information, including full name, address, state, postal code, phone number, and a valid payment method.

If automatic billing fails to occur for any reason, the Company will issue an electronic invoice indicating that you must manually proceed, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If the Subscription was made via an In-app Purchase, all billing is handled by the App Store and is governed by the App Store’s own terms and conditions.

Changes to Fees
The Company, at its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide you with reasonable prior notice of any change in Subscription fees to give you the opportunity to terminate your Subscription before such changes become effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee.

Refunds
Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription was made via an in-app purchase, the refund policy of the App Store applies. If you wish to request a refund, you may do so by contacting the Application Store directly.

Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period.

You may be required to enter your billing information to sign up for the free trial.

If you do enter your billing information when signing up for the free trial, you will not be charged by the Company until the free trial has expired. On the last day of the Free Trial period, unless you have canceled your subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

The Company reserves the right to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel such Free Trial offer at any time and without prior notice.

Article 2.7 In-app Purchases

The Application may contain In-app Purchases that allow you to buy products, services, or Subscriptions.

For more information on how to manage in-app purchases on your device, please refer to the terms and conditions of the App Store or the Help settings of your device.

In-app purchases can only be used within the Application. If you make an in-app purchase, that in-app purchase cannot be canceled once you have started the download. In-app purchases cannot be redeemed for cash or any other compensation and cannot be transferred in any other way.

If an In-app Purchase is not successfully downloaded or does not function after being successfully downloaded, once we become aware of the error or you notify us of the error, we will investigate the reason for the error. We will act reasonably in determining whether to provide you with a replacement In-app Purchase or a patch to fix the error. In no event will We charge you for replacing or repairing the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase, or are unable to do so within a reasonable time and without significant inconvenience to you, We will authorize the App Store to refund you an amount up to the cost of the relevant In-app Purchase. If you wish to request a refund, you can also do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from which you downloaded the Application and are governed by the terms and conditions of that Application Store.

If you experience any payment issues with in-app purchases, you must contact the Application Store directly.

Article 2.8 Promotions

Any Promotions made available through the Service may be governed by rules separate from these Terms.

If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Article 2.9 User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your account on Our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Our Service or a Third-party Social Media Service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use a username that is the name of another person or entity without proper authorization, a name or trademark that is subject to the rights of another person or entity other than you, or a name that is otherwise offensive, vulgar, or obscene.

Article 2.10 Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the country and foreign jurisdictions.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Article 2.11 Your Feedback to Us

You assign all rights, titles, and interests in any Feedback you provide to the Company. If such an assignment is ineffective for any reason, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without any restrictions.

Article 2.12 Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Article 2.13 Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including but not limited to if you breach these Terms and Conditions.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the service.

Article 2.14 Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 euros if you haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such jurisdictions, the liability of each party will be limited to the greatest extent permitted by law.

Article 2.15 Applicable Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Article 2.16 Dispute Resolution

If you have any concerns or disputes about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

For users in the European Union (EU)
If you are a consumer in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident.

Article 2.17 Severability and Waiver

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Article 2.18 Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice at least 30 days prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use Our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us
If you have any questions about these Terms and Conditions, you can contact us:

By email: support@elleloom.care

Get a clear insight into your fertility period

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Get a clear insight into your fertility period

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