General terms and conditions
Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: a calendar day;
Ongoing transaction: a distance contract relating to a series of products and/or services, for which the obligation of delivery and/or purchase is spread over time;
Durable medium: any tool that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: tools that can be used for concluding a contract, without the consumer and the trader being in the same room at the same time;
General Terms and Conditions: these general terms and conditions of the trader.
Article 2 – Identity of the trader
Trading name: Elliston London
Article 3 – Scope
These general terms and conditions apply to every offer from the trader and to every distance contract and order concluded between the trader and the consumer.
Prior to the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the terms can be viewed at the trader’s premises and will be sent free of charge upon request.
If the distance contract is concluded electronically, the previous paragraph may be deviated from and the text of the general terms and conditions may be made available to the consumer in such a way that it can be stored on a durable medium. If this is not reasonably possible, the consumer will be informed where the terms can be accessed electronically and that they will be sent free of charge upon request.
Where specific product or service conditions apply in addition to these terms, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer may always rely on the applicable provision most favourable to them.
If one or more provisions in these general terms and conditions are invalid or annulled, the remaining provisions shall remain in effect. The invalid provision shall be replaced by a valid one that reflects the original intention as closely as possible.
Uncovered situations must be assessed in the spirit of these terms and conditions.
Ambiguities in the interpretation or content of these provisions must also be interpreted in the spirit of these terms.
Article 4 – The Offer
If an offer has a limited period of validity or is made subject to conditions, this will be clearly stated in the offer.
All offers are non-binding. Elliston London reserves the right to modify or withdraw an offer at any time.
Each offer will include a complete and accurate description of the products and/or services being offered. This description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If Elliston London uses images, these will be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding.
All images, specifications, and information provided are indicative and do not constitute grounds for compensation or contract cancellation.
Product images are a realistic representation of the offered products. However, Elliston London cannot guarantee that the colours exactly match the real-life product colours.
Each offer will include information such as:
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The price, excluding customs duties and import VAT. These additional charges are the responsibility of the customer. The postal or courier service will apply the special VAT scheme for postal services. This applies to goods imported into France, which is the case here. The courier/postal service will collect import VAT (and possibly customs clearance fees) from the recipient;
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Any applicable shipping costs;
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How the contract will be concluded and what steps are required;
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Whether or not the right of withdrawal applies;
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The method of payment, delivery, and contract fulfilment;
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The validity period of the offer, or the period during which the price is guaranteed;
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The cost of using distance communication if it differs from the standard rate;
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Whether the contract will be archived after conclusion and if so, how the consumer may access it;
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How the consumer can correct input errors before submitting the order;
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The languages in which the contract may be concluded (in addition to UK);
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Any relevant codes of conduct the trader complies with and how the consumer can review them electronically;
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The minimum duration of a distance contract, if applicable.
Optional details: available sizes, colours, material types.
Article 5 – The Contract
The contract is concluded at the moment the consumer accepts the offer and meets its stated conditions.
If the consumer accepts the offer electronically, Elliston London shall immediately confirm receipt of the acceptance electronically. Until this confirmation is received, the consumer may cancel the contract.
If the contract is concluded electronically, Elliston London will take suitable technical and organisational measures to ensure the secure transmission of data and will offer a secure web environment. If the consumer is able to pay electronically, the trader shall take appropriate security measures for this as well.
Elliston London is entitled – within the boundaries of the law – to investigate whether the consumer can meet their payment obligations, and to obtain information relevant to responsibly concluding the distance contract. If, based on this research, Elliston London has valid grounds not to conclude the contract, the company may refuse an order or apply special conditions.
Upon delivering the product or service, Elliston London will provide the consumer with the following information in writing or in a durable medium:
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The company’s business address for complaints;
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Information on how and under what conditions the consumer may exercise the right of withdrawal, or a clear statement that the right does not apply;
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Information about after-sales service and guarantees;
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The details referred to in Article 4, paragraph 3, unless these have already been provided before contract fulfilment;
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The terms for cancelling the contract, where applicable, for contracts of over one year or of indefinite duration.
For contracts involving ongoing transactions, the above only applies to the first delivery.
All contracts are concluded subject to product availability.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to cancel the contract without giving a reason within 30 days. This period starts on the day following receipt of the product by the consumer or a third party designated in advance.
During the withdrawal period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If exercising the right of withdrawal, the consumer must return the product – including all delivered accessories, in the original condition and packaging as reasonably possible – in accordance with the trader’s reasonable and clear instructions.
To exercise the right of withdrawal, the consumer must notify Elliston London in writing or by email within 30 days of receiving the product. The consumer must return the product within 30 days after this notification and prove that it was returned in time, such as by providing proof of postage. Returns may also be sent directly to our supplier in China.
If the consumer does not inform Elliston London of the withdrawal intention within the set deadline or fails to return the product in time, the purchase will be considered final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the return shipping costs will be borne entirely by the consumer. Note that returns must be sent to our supplier in China.
If the consumer has already paid, Elliston London will refund the payment as soon as possible and no later than 30 days after the withdrawal. However, the refund will only be processed after the returned item has been received or proof of return has been provided.
Article 8 – Exclusion of Right of Withdrawal
Elliston London may exclude the consumer's right of withdrawal in specific cases as described in paragraphs 2 and 3. This exclusion only applies if it has been clearly stated in the offer or prior to contract conclusion.
The right of withdrawal may be excluded for:
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Products made to the consumer’s specifications;
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Products of a clearly personal nature;
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Products that, due to their nature, cannot be returned;
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Products that spoil quickly or have a limited shelf life;
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Products whose price depends on financial market fluctuations;
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Newspapers and magazines;
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Sealed audio/video or software products once unsealed;
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Hygiene products once unsealed.
Exclusion is also possible for services relating to:
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Accommodation, transport, catering, or leisure arranged for a specific date or period;
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Services initiated with the consumer’s explicit consent before the cooling-off period ends;
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Betting and lotteries.
Article 9 – Price
During the validity period stated in the offer, the prices of the products and/or services will not be increased, except for changes in VAT rates.
Contrary to the above, Elliston London may offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the trader has no control. These fluctuations and the fact that any prices mentioned are indicative will be clearly stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of legal regulations.
Price increases after 3 months are only permitted if:
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They result from legal regulations or provisions; or
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The consumer has the right to cancel the contract as of the date the price increase takes effect.
The place of delivery, under Section 5(1) of the UK VAT Act 1994, is considered to be outside the EU (as the dispatch originates outside the EU). Therefore, the consumer will be liable for import VAT and any customs clearance fees. Elliston London will not charge VAT on the order.
All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of a pricing error, Elliston London is not obligated to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
Elliston London guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and usability, and the applicable legal provisions and government regulations on the date of the contract’s conclusion.
Where agreed, Elliston London also guarantees that the product is suitable for purposes beyond normal use.
Any guarantee offered by Elliston London, the manufacturer, or the importer does not affect the consumer’s legal rights and remedies under the contract.
Defects or incorrectly delivered products must be reported to Elliston London in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.
The warranty period corresponds to the manufacturer's warranty. Elliston London is not responsible for the ultimate suitability of products for any specific purpose or for any advice regarding their use or application.
The guarantee does not apply if:
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The consumer has repaired or modified the product themselves or had it repaired or modified by a third party;
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The product has been exposed to abnormal conditions or mistreated, or used contrary to the instructions provided by Elliston London or those on the packaging;
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The defect is the result of government regulations concerning the nature or quality of the materials used.
Article 11 – Delivery and Performance
Elliston London will take the utmost care when receiving and executing orders for products.
The place of delivery is the address provided by the consumer.
Subject to what is stated in Article 4, Elliston London will process accepted orders as quickly as possible, and no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot be fulfilled (in part or whole), the consumer will be notified within 30 days after placing the order. In such cases, the consumer is entitled to cancel the contract at no cost and may be entitled to compensation.
In the event of cancellation as described above, Elliston London will refund any amounts paid by the consumer as soon as possible and no later than 30 days after cancellation.
If delivery of an ordered product proves impossible, Elliston London will make reasonable efforts to offer a replacement product. Upon delivery, it will be clearly stated that a replacement is being supplied. For replacement items, the right of withdrawal cannot be excluded, and return shipping costs will be covered by Elliston London.
The risk of damage and/or loss of products lies with Elliston London until delivery to the consumer or a representative previously designated in writing, unless expressly agreed otherwise.
Article 12 – Duration Contracts: Termination and Renewal
Termination
The consumer may terminate a contract of indefinite duration for the regular supply of products (including electricity) or services at any time, subject to the agreed termination conditions and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract for the regular supply of products or services at the end of the fixed term, observing the agreed termination rules and a notice period not exceeding one month.
Consumers may terminate the contracts referred to above:
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At any time, and not limited to a particular date or period;
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In the same manner as the contract was concluded;
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With a notice period equal to or less than that which the trader has for themselves.
Renewal
A fixed-term contract for the regular supply of products or services may not be automatically extended or renewed for a fixed term.
By exception, a fixed-term contract for the regular supply of newspapers, magazines, or journals may be automatically renewed for up to three months, provided the consumer can cancel this renewed contract at the end of the renewal period with a notice period of no more than one month.
A fixed-term contract for the regular supply of products or services may only be automatically extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month (or three months for delivery of newspapers, magazines, or journals less than once a month).
Trial or introductory subscriptions to newspapers, magazines, or journals will not be automatically renewed and will end automatically after the trial period.
Duration
If a contract lasts more than one year, the consumer may cancel the contract at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, all payments by the consumer must be made within 7 days after the start of the cooling-off period as stated in Article 6, paragraph 1. For service contracts, this period begins upon receipt of the contract confirmation.
The consumer must immediately report any inaccuracies in the payment details provided to Elliston London.
If the consumer fails to pay, and after being notified of the delay, Elliston London may charge the consumer the reasonable costs previously communicated.
Article 14 – Complaints Procedure
Complaints regarding the execution of the contract must be submitted in writing to Elliston London as soon as possible, and no later than 7 days after the consumer discovers any defects, providing a clear and complete description.
Elliston London will respond to complaints within 30 days of receipt. If more time is needed, the consumer will receive a confirmation of receipt and an indication of when they can expect a detailed response.
If a complaint cannot be resolved through mutual agreement, it may escalate into a dispute subject to a formal dispute resolution procedure.
Filing a complaint does not suspend the consumer’s obligations under the contract unless Elliston London agrees otherwise in writing.
If a complaint is found to be justified, Elliston London may choose to replace or repair the defective product(s) free of charge.
Article 15 – Disputes
All agreements between the trader and the consumer governed by these general terms and conditions shall be exclusively governed by UK law, even if the consumer resides abroad.
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