TERMS

 

Effective:  July 2017

Company identity

The websites www.elysianbyem.com, www.elysianaccessories.be, www.elysianaccessories.com and www.elysian.be are owned and operated by Elysian by EM located at Emile Clausstraat 9 b6, 1000 Brussels, Belgium – VAT BE 0647.999.689, registered in Brussel with the registration number 0647.999.689.

1.      Scope

Elysian by EM, located at Emile Clausstraat 9 b6, 1000 Brussel, Belgium, (‘Company’, ‘We’) provides the websites www.elysianbyem.com, www.elysianaccessories.be, www.elysianaccessories.com and www.elysian.be (‘Website’) through which it offers products for purchase (‘Products’). All of the use of the Website is governed by these terms and conditions (‘Terms’). Please read them carefully before using the Website and ordering Products. All use of the Website is governed by these Terms. By using the Website and ordering Products, the visitor of the Website (‘You’, the ‘User’) unconditionally agree to be bound to the Terms. You can only use the Website by accepting the Terms and Conditions. If You do not agree to be bound by the Terms, You should not use the Website or order Products.

We reserve the right to update and modify the Terms at any time without informing You in advance. Please review these Terms regularly. You automatically accept the new Terms when You continue to use of the Website after any updates or modifications.

In addition to the Terms, you will be subjected to any other policy notices on the Website such as the Privacy Policy http://elysianaccessories.com/privacy-policy  and Shipping Policy http://elysianaccessories.com/shipping .

 

2.      Copyright, trademarks and other intellectual property rights

All materials contained within the Website, included but not limited to software, text, graphics, images, icons, photographs, trademarks, logo’s and design (“Content”) are protected worldwide by copyrights, trademark and/or other intellectual property rights belonging to the Company.

The Content is displayed for informational and promotional purposes only. No right, title or interest in any Content may be deemed assigned to You as a result of any download or copying. No Content may be copied or reproduced without prior and explicit written permission.

You are not allowed to modify, reproduce, rent, loan, sell, distribute or create derivative works based in total or in part on the Content present on the Website except for private, personal and non-commercial use.

You may not insert or implement any link to the Website without prior written permission of the Company.

Unauthorized use of the Content results in violation of copyright, trademark and other laws.

 

3.      Product Offer

Any Product offer made on the Website is valid as long as the stock lasts and may at all time be adapted by the Company without prior notice. The product offer is displayed as accurately as possible and is subject to the availability of the Products. The Company cannot be held liable in case a good is not available.

All photographs and texts illustrating and describing the Products are not binding. They are displayed as accurately as possible and for information purposes only. Except in case of willful misconduct and gross negligence, the Company shall not be held liable in case of errors or omissions in the photographs and texts.

We do our best to keep the available stock accurate. It may however happen that you purchased an item out of stock. In that case, we will contact you to offer an exchange or the total refund of your order. We are under no obligation to compensate you.

 

4.      Placing an order

We only permit individuals that are at least 18 years old to place an order for a Product. Please ask your parents or legal guardians to place the order if you are under 18 years old.

The order process is as follows:

-          Select the Product you would like to purchase

-          Add the Product to the shopping chart

-          Validate the content of the shopping chart

-          Choose themeans of payment

-          Validation of the payment

You will automatically receive an order confirmation by e-mail with an order number after placing the order. This e-mail only confirms receipt of the order by Us. The order confirmation is not a contract. Orders may be canceled by The Company at any time due to insufficient stock, inability to authorize a credit card or any other reason, as We see fit. The order may be cancelled whether or not your credit card has been charged. If your credit card has been charged when you order is cancelled by Us, We shall issue a credit to You. You will receive an email to notify You of the cancellation.

 

5.      Termination

The Company reserves the right at its sole discretion to terminate, suspend, block or restrict your access to all or part of the Website including the right to reject any order You place or placed for the purchase of a Product, without providing a prior notice or reason.

 

6.      Pricing

The prices listed on the Website are in EUR including VAT and excluding shipping costs and other taxes or duties. The Belgian VAT rate of 21% is applicable and included in the price. The company may apply shipping costs which will be indicated separately on the Website.

Prices can be changed by the Company at any moment and without prior notice.

 

7.      Payment and sanctions in case of late payment

You agree to provide payment information at the time You order any Product on the Website. By placing an order, you agree to have sufficient funds or credit available to ensure that the Company can collect the payment. For the processing of our payments we work with the third party payment processor, Stripe. The processing by Stripe is governed by Stripe’s Terms of Service https://stripe.com/be/legal and Privacy Policy https://stripe.com/be/privacy. The Company is not responsible for the performance of Stripe.

We accept Visa, MasterCard, American Express and Discover credit cards.

Payment is due by the User immediately after the order has been placed. The price is payable in full in a single payment.

Products shall remain property of the Company until the full payment has been received.

 

8.      Delivery and Shipping

We are shipping worldwide.

The shipping and delivery of the Products is governed by the Shipping Policy http://elysianaccessories.com/shipping/ . Please review it if you would like to know about the shipping of the Products.

The risk of loss or damage passes on to the User after reception of the Product by the User.

Upon reception of the package, the User is required to visually check the status of the package. Any observable defect, such as an open or damaged package, at the time of delivery must be communicated to Us within the day following the delivery, by e-mail at info@elysianaccessories.com.

The User must immediately after receiving the package, check the compliance of the content of the package. In case of non-compliance with the order, the User must contact Us by e-mail at info@elysianaccessories.com within 48 hours of receipt. After 48 hours, your item will fall under the return policy.

 

9.      Ownership

The ownership of the goods remains with the Company until full payment of the goods.

 

10.  Right of withdrawal

You have the right to return or exchange your products within 14 calendar days starting from the day after the delivery date, without giving any reason and without penalties nor additional costs, except for return costs. Only products that are not worn nor damaged can be refunded or exchanged. We ask you to return the products with the brand tag and in the original packaging. The products are to be returned at the customer’s expense.

To exercise this right, please do the following:

·       STEP 1

You inform Us in writing to info@elysianaccessories.com within 14 calendar days starting from the day after the delivery date that you wishes to return the Product. We will need your name, address and invoice number. We will then send you the return form with the modalities of the return. To meet the withdrawal deadline, it is sufficient for the User to send its communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

·       STEP 2

You return the unused and undamaged products in the same condition as you received them with the brand tag and in the original packaging, together with the invoice or order confirmation. We recommend you to use a trusted carrier so that they can provide evidence that they have delivered the goods back to us. Please note that we may not refund item(s) that are sent without any returns paperwork.

·       STEP 3

Once your return is received and inspected, we will send you an email to notify that we have received your returned product. We will notify you of the approval or rejection of your return or refund. If your refund is accepted, the returned products will be credited within 30 days after your written notice. The Company will carry out such reimbursement using the same means of payment as the User for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the User will not incur any fees as a result of such reimbursement.

Products returned incomplete, damaged or soiled will not be accepted. In case of abuse the Company reserves the right to refuse subsequent orders. We cannot be responsible for any loss of products or risks related to the carrier responsible for the return of the products.

 

11.  Privacy and cookies

The Company abides by the provisions of the Belgian Data Protection Act of 8 December 1992. The privacy of the Website is governed by the Privacy Policy http://elysianaccessories.com/privacy-policy. Please review it if you would like to know how we collect, use and treat your information.

 

12.  Evidence

The Customer acknowledges and agrees that electronic communications and back-ups constitute proof of transactions between the Customer and the Company.

 

13.  Force majeure

The Company shall not incur any liability for any losses or damages of any nature whatsoever incurred or suffered by the Customer if and to the extent such losses or damages are caused by a force majeure event.

 

14.  Disclaimer

The Website may contain typographical errors, inaccuracies or errors related to product descriptions, pricing, promotions and availability and may be subject to modification or updates by the Company at any time, in its sole discretion and without prior notice.

 

15.  Indemnification

None of our directors, employees, suppliers or other representatives will be liable in contract, tort, and negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website.

 

16.  Severability

If any part of the Terms shall become or found invalid, illegal or unenforceable by any court having competent jurisdiction, the invalidity shall not affect the validity of the remaining provisions of these Terms. All other provisions will remain in full force and effect.

If We do not act on or enforce any part of these Terms, it does not mean We give up the right to enforce that provision or any other provision in these Terms. For a waiver of compliance with these Terms to be effective, it has to be made in writing through one of our authorized representatives.

 

17.  Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Belgium. No matter where You are located, the applicable law in the event of any disputes will be the Belgian law and the courts of the judicial district of Brussels have exclusive jurisdiction.

In case of disagreements, the User should first contact the Company to obtain an amicable solution.

 

18.  Contact information

For more information and assistance You can contact Us by phone at +32 478 55 85 18, by e-mail at info@elysianaccessories.com or by mail at: Elysian by EM, Emile Clausstraat 9b6, 1000 Brussels, Belgium.