Terms and Conditions
Article 1 – Definitions
In these General Terms and Conditions, the following terms shall have the following meanings:
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Withdrawal Period: the period within which the consumer may exercise their right of withdrawal.
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Consumer: a natural person who acts for purposes outside their trade, business, or profession, and who enters into a distance contract with the seller.
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Day: calendar day.
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Ongoing Contract: a distance contract relating to a series of products and/or services where the delivery and/or purchase obligations are spread over time.
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Durable Medium: any tool that enables the consumer or trader to store information personally addressed to them in a way that allows future consultation and unchanged reproduction.
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Right of Withdrawal: the consumer’s option to dissolve the distance contract within the withdrawal period.
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Seller (or Trader): a natural or legal person offering products and/or services remotely to consumers.
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Distance Contract: an agreement concluded within an organized system for the remote sale of goods and/or services without simultaneous physical presence of the parties, using one or more means of distance communication.
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Means of Distance Communication: any tool that may be used to conclude a contract without the consumer and the seller being in the same place.
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General Terms and Conditions: these terms, applicable to the agreement between the seller and the consumer.
Article 2 – Seller’s Identity
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Company Name: Bagcivan Ecom
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Company Registration Number: 93746202
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VAT Number: NL004767237B77
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Customer Service Email: info@ellisonandclarke.com
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Company Address: Bruijnstraat 84B, Rotterdam
Article 3 – Applicability
These terms apply to all offers from Ellison & Clarke and to all distance contracts concluded between the seller and the consumer.
Before the contract is concluded, the text of these terms shall be made available. If this is not reasonably possible, information will be provided on how they can be obtained, and they will be sent free of charge upon request.
In case of electronic agreements, the terms may be supplied on a durable medium.
In the event of conflict between specific provisions and these general terms, the consumer shall always benefit from the most favorable condition.
If any clause is invalid, the remaining provisions remain valid.
Unregulated situations shall be interpreted in line with the spirit of these terms.
Article 4 – Offers
Offers are non-binding and subject to change.
Product descriptions and images are accurate but not binding in the case of obvious errors or visual discrepancies.
Each offer shall include, at a minimum:
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Prices (excluding import VAT and customs duties for deliveries outside the EU).
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Shipping costs.
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Procedure for concluding the contract.
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Applicability of the right of withdrawal.
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Terms of payment, delivery, and fulfillment.
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Validity of the offer.
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Any communication costs, if applicable.
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Available languages.
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Contract duration for ongoing agreements.
Article 5 – The Contract
The contract is concluded upon the consumer’s acceptance of the offer and compliance with the stipulated conditions.
For online purchases, a confirmation will be sent via email. If confirmation is not received, the consumer may cancel the order.
Security measures are in place for electronic transactions.
The seller may verify payment reliability and reject orders with justification.
Once the contract is concluded, the consumer shall receive:
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The address for complaints.
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Information on the right of withdrawal.
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Warranty and after-sales service details.
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Terms for terminating the contract.
Article 6 – Right of Withdrawal
The consumer has the right to cancel the purchase within 30 days of receiving the product.
Products must be returned in original condition and, if possible, in original packaging with all accessories.
Notice of withdrawal must be made in writing (including by email) within the withdrawal period. Products must be returned within 30 days of notification.
Returns can be sent either to our warehouse in the Netherlands or directly to the supplier in China (proof of shipment required).
Article 7 – Return Costs
Return shipping costs, including international shipping, are borne by the customer.
Refunds will be issued within 30 days after receipt of the return or proof of return shipment.
Article 8 – Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to:
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Custom-made or personalized products.
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Sealed items that cannot be returned for hygiene reasons once opened.
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Products that by their nature cannot be returned or that deteriorate rapidly.
Article 9 – Prices
Prices are fixed during the validity period of the offer, except for changes in VAT or exchange rates.
For orders outside the EU, customs duties and import VAT may apply and are payable by the customer.
Obvious pricing errors are not binding.
Article 10 – Conformity and Warranty
Products must conform to the contract, be reasonably usable, and comply with applicable laws.
Manufacturer warranties do not limit the consumer’s statutory rights.
Defects must be reported within 30 days. Products must be returned in original condition and packaging.
Warranty does not cover:
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Improper use or modification of the product.
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Failure to follow instructions.
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Changes in legislation.
Article 11 – Delivery and Fulfillment
Delivery takes place at the address provided. The maximum delivery time is 30 days unless otherwise agreed.
Any delays will be communicated. If delivery exceeds the agreed time, the consumer may cancel the purchase.
If stock is depleted, a replacement product may be offered. Returns in such cases are free of charge.
Risk passes to the consumer upon delivery.
Article 12 – Ongoing Contracts: Duration and Termination
Ongoing contracts may be terminated with one month’s notice.
Fixed-term contracts may be terminated at the end of the agreed period.
Extensions beyond one year may be terminated with one month’s notice.
Article 13 – Payment
Unless otherwise agreed, payment must be made within 7 business days.
Invoice errors must be reported immediately.
In the event of non-payment, reasonable collection costs may be charged.
Article 14 – Complaints
Complaints must be reported within 7 days of discovering the issue.
A response will be provided within 30 days. If more time is needed, the consumer will be informed.
If the issue cannot be resolved, the matter may be referred to mediation.
A justified complaint may result in replacement or repair of the product.
Article 15 – Disputes
American law shall exclusively govern these terms and all agreements with Ellison & Clarke, including those with international customers.