TERMS OF SERVICE
General Terms and Conditions – Ella-Jane
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise the right of withdrawal.
Consumer: the natural person who is not acting for purposes related to a trade, business or profession and who enters into a distance contract with the trader.
Day: calendar day.
Durable data carrier: any medium that enables the consumer or trader to store information addressed to them personally, in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Trader / Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for distance selling of products, where up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication.
General Terms and Conditions: these present General Terms and Conditions of the trader.
Article 2 – Identity of the Trader
Business name: Shoplyn
Trade name: Ella-Jane
VAT number: BE0801.653.233
Registered office: Sint-Gertrudisplein 7 Bus 2, 3740 Bilzen-Hoesselt, Limburg, Belgium
Country of registration: Belgium
Customer service email: customercare@ella-jane.uk
Article 3 – Applicability
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These General Terms and Conditions apply to every offer made by the trader and to every distance contract concluded between trader and consumer.
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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 trader shall indicate, before the distance contract is concluded, how the Terms can be inspected and that they will be sent to the consumer free of charge upon request.
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If the distance contract is concluded electronically, the text of these Terms and Conditions will be made available electronically in such a way that the consumer can easily store it on a durable data carrier.
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Situations not covered by these Terms and Conditions, or ambiguities regarding the interpretation of one or more provisions, shall be assessed "in the spirit" of these Terms and Conditions.
Article 4 – The Offer
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The offer is non-binding. The trader is entitled to change or adjust the offer.
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The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment by the consumer. Obvious mistakes or errors in the offer do not bind the trader.
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Images of products are a truthful representation of the products offered. The trader cannot guarantee that the displayed colours exactly match the real colours of the products.
Article 5 – The Agreement
The contract is concluded at the moment of acceptance by the consumer of the offer and fulfilment of the corresponding conditions.
If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data.
The trader may – within legal frameworks – obtain information about whether the consumer can meet their payment obligations. If the trader has good reasons not to conclude the agreement, they are entitled to refuse an order.
Article 6 – Right of Withdrawal
The consumer has the right to withdraw from the contract within 14 days without giving any reason. This cooling-off period starts the day after the consumer receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product.
If the consumer makes use of the right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the direct costs of returning the goods shall be borne by the consumer.
Please note: our warehouse is not always located in the UK. In some cases, returns may need to be sent to a fulfilment centre outside the United Kingdom. Full instructions and return address details will be provided upon approval of your return.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible but no later than 14 days after withdrawal, provided the returned goods have been received.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer’s right of withdrawal for certain products if this has been clearly stated in the offer. This applies in particular to:
products purchased during sales or promotions (final sale), except as required by law;
products manufactured according to the consumer’s specifications;
products that are clearly personal in nature;
products that cannot be returned due to health protection or hygiene reasons (if unsealed after delivery, such as underwear, swimwear or earrings).
Article 9 – Prices
Prices of the products and/or services offered shall not be increased during the validity period stated in the offer, except for changes in VAT rates.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of such errors.
Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, and with reasonable requirements of reliability and usability.
Any defects or incorrectly delivered products must be reported in writing to the trader immediately upon discovery. Consumers must provide photos in case of damaged or incorrect items.
There is no return cost for defective, incorrect or damaged items. A replacement will be sent at no extra cost, or a full refund will be issued.
The warranty does not apply if:
The consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly.
Article 11 – Delivery and Execution
The trader shall take the greatest possible care in receiving and executing product orders.
The place of delivery is the address given by the consumer to the company.
Accepted orders will be executed promptly but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, the consumer will be informed within 30 days.
The risk of damage and/or loss of products rests with the trader until the time of delivery to the consumer.
Article 12 – Duration Transactions and Termination
The consumer may terminate an agreement that has been concluded for an indefinite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been concluded for a definite period at the end of the fixed term with a notice period of no more than one month.
Contracts concluded for definite periods will not be tacitly extended or renewed.
Article 13 – Complaints Procedure
Complaints must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 30 days. If a complaint requires a longer processing time, the consumer will receive an acknowledgement within 30 days and an indication of when a detailed response can be expected.
If the complaint cannot be resolved by mutual agreement, it will result in a dispute that is subject to dispute resolution.
Article 14 – Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Belgium, without prejudice to the mandatory consumer protection laws of the United Kingdom, where applicable.