Terms of Service
Terms and Conditions
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply.
Reflection period: the period during which the consumer may exercise the right of withdrawal.
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Long term transaction: a distance contract relating to a series of products or services for which the obligation to deliver or purchase is spread over time.
Durable data carrier: any means that allows information addressed personally to the consumer or entrepreneur to be stored in a way that enables future access and unchanged reproduction.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period.
Entrepreneur: the natural or legal person who offers products or services to consumers at a distance.
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling, using one or more means of distance communication.
Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being physically present together.
Terms and Conditions: the present Terms and Conditions of Amara & Elena.
Article 2 – Identity of the entrepreneur
Company name: Amara & Elena
Customer service email: info@amaraelena.com
Business address: ’t Weidje 8
Article 3 – Applicability
These Terms and Conditions apply to every offer made by Amara & Elena and to every distance contract and order concluded between Amara & Elena and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded how the Terms and Conditions can be consulted and that they will be sent free of charge upon request.
If the contract is concluded electronically, the Terms and Conditions may be provided electronically in such a way that the consumer can easily store them on a durable data carrier.
If specific product or service conditions apply in addition to these Terms and Conditions, the consumer may rely on the provision that is most favourable to them in the event of conflicting conditions.
If any provision of these Terms and Conditions is wholly or partially void or annulled, the remaining provisions remain in force. The invalid provision will be replaced by a provision that most closely reflects the original intent.
Situations not covered by these Terms and Conditions must be assessed in the spirit of these Terms and Conditions. Ambiguities in interpretation shall also be interpreted in that spirit.
Article 4 – The offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated.
All offers are non binding. Amara & Elena reserves the right to change or adjust offers.
Each offer includes a complete and accurate description of the products or services offered. Images are intended to represent the products as accurately as possible. Obvious errors or mistakes do not bind Amara & Elena.
All images, specifications, and data are indicative and cannot give rise to compensation or termination of the contract. Colours shown on the website may differ slightly from actual product colours.
Each offer clearly states the rights and obligations attached to acceptance, including the price, shipping costs, payment method, delivery method, execution of the contract, applicability of the right of withdrawal, and contract duration where applicable.
Prices exclude import VAT and customs clearance fees. These costs are borne by the customer and may be collected by the postal or courier service upon delivery.
Article 5 – The contract
The contract is concluded at the moment the consumer accepts the offer and fulfils the stated conditions.
If acceptance occurs electronically, Amara & Elena will confirm receipt electronically without delay. Until confirmation is received, the consumer may dissolve the contract.
Amara & Elena takes appropriate technical and organisational measures to secure electronic data transfer and online payments.
Amara & Elena may assess whether the consumer can meet payment obligations. If justified, an order may be refused or additional conditions may apply.
Upon conclusion of the contract, the consumer will receive written or durable confirmation containing essential contract information.
Each contract is concluded subject to sufficient availability of the products ordered.
Article 6 – Right of withdrawal
The consumer may withdraw from the contract within 14 days without stating a reason. This period starts the day after the consumer receives the product.
During the reflection period, the product and packaging must be handled with care and only used to the extent necessary to assess suitability.
If the right of withdrawal is exercised, the product must be returned in original condition and packaging, including all labels and accessories.
The consumer must notify Amara & Elena of withdrawal within 14 days and return the product within 14 days after notification. Return costs are borne by the consumer.
All returns must be sent to the country of origin in Asia. Returns sent elsewhere may not be processed.
Refunds are subject to inspection. If a product is damaged, incomplete, or used beyond inspection, Amara & Elena may refuse the refund or deduct a reasonable amount.
If notification or return deadlines are not met, the purchase is considered final.
Article 7 – Costs in case of withdrawal
Return shipping costs are the responsibility of the consumer.
Refunds will be issued within 14 days after withdrawal, provided the product has been received or proof of return has been supplied.
Article 8 – Exclusion of the right of withdrawal
The right of withdrawal may be excluded for products that are custom made, personal in nature, perishable, hygienic with broken seals, or otherwise exempt under applicable law, provided this exclusion is clearly stated before purchase.
Article 9 – The price
Prices will not be increased during the validity period of an offer, except for changes due to VAT or legal regulations.
Products shipped from outside the EU are exempt from EU VAT. Import VAT and customs fees may be charged by the carrier upon delivery.
Pricing errors do not oblige Amara & Elena to deliver at the incorrect price.
Article 10 – Conformity and warranty
Products conform to the contract and applicable legal requirements at the time of delivery.
Reported defects must be communicated within 14 days of receipt. Products must be returned in original condition.
Warranty does not apply if products are modified, improperly used, or damaged by external factors.
Article 11 – Delivery and execution
Orders are executed with due care and delivered to the address provided by the consumer.
Orders will be fulfilled within 30 days unless otherwise agreed. In case of delay, the consumer will be informed and may dissolve the contract free of charge.
Risk of loss or damage passes to the consumer upon delivery.
Article 12 – Long term transactions
The consumer may terminate indefinite contracts at any time with a notice period not exceeding one month.
Fixed term contracts may be terminated at the end of the term under the same conditions.
Automatic renewals are subject to legal limitations.
Article 13 – Payment
Payment must be made within 7 working days unless otherwise agreed.
Incorrect payment details must be reported immediately.
In case of non payment, reasonable collection costs may be charged as permitted by law.
Article 14 – Complaints procedure
Complaints must be submitted in writing within 7 days of discovery.
Complaints will be answered within 14 days. If more time is required, the consumer will be informed.
If a complaint cannot be resolved amicably, a dispute arises that may be subject to legal resolution.
A complaint does not suspend obligations unless confirmed in writing by Amara & Elena.
If a complaint is justified, Amara & Elena may replace or repair the product at its discretion.