Terms of service
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
"Cooling-off period": the period during which the consumer may exercise the right of withdrawal.
"Consumer": a natural person who is not acting for purposes related to their trade, business or profession, and who enters into a distance contract with the entrepreneur.
"Day": a calendar day.
"Fixed-term transaction": a distance contract relating to a series of products or services for which the delivery and/or purchase obligation is spread over time.
"Durable medium": any tool that enables the consumer or entrepreneur to store information addressed to them personally, in a way that makes it accessible for future reference and allows the unchanged reproduction of the stored information.
"Right of withdrawal": the consumer’s right to withdraw from the distance contract within the cooling-off 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 under an organized system for distance selling, with exclusive use of one or more means of distance communication up to the moment the contract is concluded.
"Means of distance communication": any tool that can be used for concluding a contract without the consumer and entrepreneur being together in the same space.
"General Terms and Conditions": these general terms and conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
- Trade name: Ellie Adelaide
- Customer service email: info@ellie-adelaide.com
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
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, it will be indicated before the distance contract is concluded that the terms can be reviewed at the entrepreneur’s business premises and will be sent free of charge upon the consumer’s request.
If the distance contract is concluded electronically, the text of these terms may be provided to the consumer in such a way that it can be easily 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 electronically or otherwise free of charge upon request.
In the event that specific product or service terms apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting conditions, the consumer may rely on the provision that is most favorable to them.
Should one or more provisions of these terms be found to be wholly or partially invalid or unenforceable at any time, the contract and these terms will remain in effect, and the relevant provision shall be replaced by mutual agreement with a provision that closely reflects the original intent.
Situations not covered by these terms shall be assessed in the spirit of these general terms.
Any ambiguities in the interpretation or content of one or more provisions shall be interpreted in the spirit of these general terms and conditions.
Article 4 – The Offer
If an offer has limited validity or is subject to conditions, this will be clearly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to change and adjust the offer.
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. Images used are a true representation of the products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images and technical data are indicative and cannot be grounds for compensation or contract cancellation.
Accompanying product images reflect the products offered. However, we cannot guarantee that displayed colours precisely match actual product colours.
Each offer includes sufficient information to make the consumer aware of their rights and obligations when accepting the offer. This includes:
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the price, excluding any customs duties and import VAT (which are the responsibility of the customer);
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any applicable shipping costs;
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customs fees for returns are also the responsibility of the customer;
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the method of conclusion and steps required;
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the right of withdrawal and its conditions;
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payment, delivery, and performance methods;
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the deadline for accepting the offer or the period the price is guaranteed;
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the cost of using means of communication if it deviates from the base rate;
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whether the agreement will be archived and how it can be accessed;
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how the consumer can correct or verify information before the contract is concluded;
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available languages for the agreement other than English;
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applicable codes of conduct and how they can be accessed electronically;
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the minimum duration of a distance contract, if applicable;
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options: available sizes, colours, and materials.
Article 5 – The Contract
Subject to paragraph 4, the contract is concluded when the consumer accepts the offer and meets the stated conditions.
If the consumer accepted the offer electronically, the entrepreneur will promptly confirm receipt electronically. Until this confirmation is received, the consumer may cancel the agreement.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to ensure secure data transmission and a safe online environment. If electronic payment is possible, appropriate security measures will also be in place.
The entrepreneur may inquire, within legal boundaries, into the consumer’s ability to fulfill their payment obligations and other factors relevant to a responsible distance contract. If, based on this assessment, the entrepreneur has valid reasons not to conclude the agreement, they may reject the order or attach specific conditions.
The entrepreneur will provide the following information to the consumer with the delivery:
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the business address for complaints;
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conditions and procedures for exercising the right of withdrawal, or clear notification if this right is excluded;
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warranty and post-sale service details;
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information as outlined in Article 4(3), unless already provided;
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the cancellation conditions for long-term contracts.
For continuous delivery agreements, the above only applies to the first delivery.
Every contract is subject to product availability.
Article 6 – Right of Withdrawal
Consumers may withdraw from the contract within 30 days of receiving the product, without stating a reason. The withdrawal period begins the day after the consumer or an authorized third party receives the product.
During the withdrawal period, the consumer will handle the product and packaging with care. The product will only be unpacked or used to the extent necessary to decide whether to keep it.
If exercising the right of withdrawal, the consumer must notify the entrepreneur within 30 days via written message or email, and then return the product within 30 days of notification. Return shipping is at the consumer's expense. Note: returns are sent to our warehouse in China, and some items may need to be returned separately depending on origin.
Proof of return (e.g., shipping receipt) is required.
After the return period or if the product has not been returned, the purchase becomes final.
Article 7 – Return Costs
If the consumer exercises the right of withdrawal, return shipping costs are the consumer’s responsibility.
If payment has been made, the entrepreneur will refund the amount as soon as possible, no later than 14 days after withdrawal, provided the product has been returned or proof of return is supplied.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for specific products or services, provided this was clearly stated before the contract was concluded.
Exclusion applies to:
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products made to consumer specifications;
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clearly personalized items;
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items that by nature cannot be returned;
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perishable or aging products;
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products with price fluctuations outside the entrepreneur’s control;
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single newspapers and magazines;
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audio/video recordings and software with broken seals;
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sanitary items with broken seals.
Services excluded from withdrawal:
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accommodation, transport, catering or leisure for a specific date;
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services started with express consent before withdrawal period ended;
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betting or lottery services.
Article 9 – Prices
Prices will not change during the offer period, unless VAT rates change.
Products or services subject to market fluctuations may be offered with variable prices. The offer will state this.
Price increases within three months of agreement are only allowed if due to legal regulations. Price increases after three months require consumer consent.
Per Section 5(1) of the 1968 VAT Act, the place of supply is where transport begins. Since shipping starts outside the EU, the consumer may be charged import VAT or handling fees by the courier.
Prices may contain typographical or formatting errors. The entrepreneur is not obliged to deliver products at incorrect prices.
Customs clearance and import duties are not included in the price and must be paid by the customer.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services conform to the contract, the offer, and legal requirements at the time of agreement. If agreed, the entrepreneur also guarantees suitability for non-standard use.
The entrepreneur’s or manufacturer’s warranty does not affect consumer rights under the contract.
Defective or incorrect items must be reported in writing within 14 days. Products must be returned in original packaging and condition.
The warranty period corresponds to the manufacturer’s warranty. The entrepreneur is not liable for suitability for individual use or for advice given.
Warranty is void if:
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the consumer or a third party modifies the product;
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the product is treated improperly or against instructions;
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the defect results from regulations regarding material composition.
Article 11 – Delivery and Execution
The entrepreneur will exercise due care in receiving and executing orders.
Delivery is made to the address provided by the consumer.
Orders will be executed promptly, no later than 30 days, unless otherwise agreed. If delayed, the consumer will be informed within 30 days and may cancel the contract with a refund.
If delivery is impossible, the entrepreneur may offer a replacement. This will be clearly stated, and the right of withdrawal still applies. Return shipping for replacements is covered by the entrepreneur.
Risk of loss or damage remains with the entrepreneur until delivery is complete, unless otherwise agreed.
Article 12 – Duration, Cancellation, and Renewal
Consumers may cancel indefinite-term contracts for regular deliveries with up to one month’s notice.
Fixed-term contracts can be cancelled at the end of the term with the same notice.
Contracts may be cancelled:
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at any time;
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by the same method used to enter into them;
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with the same notice period the entrepreneur observes.
Fixed-term contracts may not be automatically extended or renewed.
Newspaper/magazine subscriptions may be extended by up to three months with one-month cancellation.
Contracts of indefinite duration may be cancelled at any time with one-month notice, or three months for monthly publication subscriptions.
Trial subscriptions end automatically.
Contracts over one year may be cancelled after one year with up to one-month notice.
Article 13 – Payment
Unless agreed otherwise, payment must be made within 7 working days of the withdrawal period starting.
Consumers must report inaccuracies in payment details immediately.
If payment is not made, the entrepreneur may charge reasonable collection costs, provided these were stated in advance.
Article 14 – Complaints Procedure
Complaints must be submitted clearly and in full within 7 days of discovery.
Complaints will be answered within 14 days. If more time is needed, the consumer will be notified within 14 days with a resolution timeline.
Unresolved complaints result in a dispute, subject to legal resolution.
Filing a complaint does not suspend obligations unless the entrepreneur states otherwise.
If a complaint is valid, the entrepreneur may replace or repair the product free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and consumer governed by these terms are subject to UK law, even if the consumer resides abroad.
Article 16 – CESOP
Due to the 2024 amendments to the UK VAT Act implementing the Payment Service Providers Directive and introducing the Central Electronic System of Payment Information (CESOP), payment service providers may record transaction data in the CESOP system.