General Terms and Conditions

These general terms and conditions apply to the use of the website and services of Élise Noa. By using the website and/or placing an order, the consumer agrees to these terms and conditions. Read the terms and conditions carefully before using the services of Élise Noa.

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

  1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal.

  2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with Élise Noa.

  3. Day: calendar day.

  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

  5. Durable medium: any instrument that enables the consumer or Élise Noa to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.

  7. Entrepreneur: Élise Noa, who offers eco-friendly beauty products to consumers remotely.

  8. Distance contract: an agreement whereby, within the framework of a system organised by Élise Noa for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.

  9. Distance communication technology: means that can be used to conclude an agreement without the consumer and Élise Noa being in the same room at the same time.

  10. General Terms and Conditions: the present General Terms and Conditions of Élise Noa.

Article 2 – Identity of the entrepreneur

Elise Noa
Address: Strevelsweg 700, 3083 AS Rotterdam
Email address: support@elisenoa.nl
Chamber of Commerce number: 96646314
VAT identification number: NL005223327B16

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from Élise Noa and to every distance contract and orders concluded between Élise Noa and consumer.

  2. 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 contract is concluded that the general terms and conditions can be viewed at Élise Noa and will be sent free of charge to the consumer upon request.

  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.

  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the consumer can invoke the provision that is most favourable to him in the event of conflicting general terms and conditions.

  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will, in mutual consultation, approximate the original as much as possible.

  6. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

  2. The offer is without obligation. Élise Noa is entitled to change and adapt the offer.

  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If Élise Noa uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Élise Noa.

  4. Images of products are a true representation of the products offered. Élise Noa cannot guarantee that the displayed colours correspond exactly to the real colours of the products.

  5. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.

  2. If the consumer has accepted the offer electronically, Élise Noa will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Élise Noa, the consumer can dissolve the agreement.

  3. If the agreement is concluded electronically, Élise Noa will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Élise Noa will take appropriate security measures.

  4. Élise Noa may – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If Élise Noa has good reasons not to enter into the contract on the basis of this investigation, she is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

  5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

    • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;

    • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

    • the information about guarantees and existing after-sales service;

    • the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

  6. In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

  7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Élise Noa.
  2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Élise Noa, in accordance with the reasonable and clear instructions provided by Élise Noa.
  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify Élise Noa of this within 14 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
  4. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to Élise Noa, the purchase is a fact.

Article 7 – Costs in case of revocation

  1. If the consumer exercises his right of withdrawal, the costs of returning the products will be borne by the consumer.
  2. If the consumer has paid an amount, Élise Noa will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition here is that the product has already been received by Élise Noa or conclusive proof of complete return can be provided.

Article 8 – Right of withdrawal

  1. The consumer has the right to cancel the agreement with Élise Noa within 14 days after receipt of the product without giving any reason, unless the product is excluded from the right of withdrawal as described in paragraph 3 of this article.

  2. The withdrawal period will expire after 14 days from the day: a. on which the consumer, or a third party designated by the consumer, acquires physical possession of the product; b. in the case of a contract for multiple products delivered separately, the day on which the consumer or a third party designated by the consumer acquires physical possession of the last product; c. in the case of a contract for the regular delivery of products during a defined period, the day on which the consumer or a third party designated by the consumer acquires physical possession of the first product.

  3. The right of withdrawal does not apply to the delivery of: a. products that are made to the consumer's specifications or are clearly intended for a specific person; b. products that are perishable or have a limited shelf life; c. sealed products that cannot be returned for health protection or hygiene reasons if the seal has been broken after delivery; d. audio or video recordings or computer software of which the consumer has broken the seal.

  4. To exercise the right of withdrawal, the consumer must inform Élise Noa of his/her decision to withdraw from the contract within the withdrawal period of 14 days, by means of an unequivocal statement (e.g. in writing, by post or by e-mail). The consumer may use the attached model withdrawal form for this purpose, but is not obliged to do so.

  5. If the consumer revokes the agreement, Élise Noa will refund all payments received, including delivery costs (with the exception of additional costs resulting from the consumer's choice of a method of delivery other than the cheapest standard delivery offered by Élise Noa), without delay, but in any case within 14 days after the day on which Élise Noa was informed of the revocation of the agreement. Élise Noa will use the same payment method for refunds as the consumer used for the original transaction, unless the consumer has expressly agreed otherwise.

  6. The consumer must return or transfer the product with all delivered accessories, if reasonably possible, in the original condition and packaging to Élise Noa, without unreasonable delay and in any case within 14 days after the day on which the consumer has invoked his right of withdrawal.

  7. The consumer is only liable for the depreciation of the product resulting from the use of the product that goes beyond what is necessary to determine the nature, characteristics and functioning of the product. If the product is used in a way that is not necessary to determine the nature, characteristics and functioning of the product, Élise Noa can claim damages.

Article 9 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services will not be increased, except for price changes due to changes in VAT rates.

  2. Élise Noa can offer products or services whose prices are subject to fluctuations in the financial market, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices, are stated in the offer.

  3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of a change in VAT rates.

  4. Price increases from 3 months after the conclusion of the agreement are only permitted if Élise Noa has stipulated this and: a. the consumer has the option to terminate the agreement with effect from the day on which the price increase takes effect; b. the consumer was informed of this option at the time of concluding the agreement in the event of a price increase.

Article 10 – Conformity and warranty

  1. Élise Noa guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement was concluded.
  2. If a product or service does not comply with the provisions of paragraph 1, the consumer is entitled to repair, replacement or refund, as described in the warranty provisions of Élise Noa.
  3. The warranty on the products does not apply to defects resulting from improper use, lack of care or normal wear and tear.

Article 11 – Delivery and execution

  1. Élise Noa will take the greatest possible care when receiving and executing orders for products.

  2. The address provided by the consumer to Élise Noa is considered the place of delivery.

  3. Unless otherwise agreed, the place of delivery is the consumer's address as known to Élise Noa at the time the agreement is concluded.

  4. The delivery time is observed by Élise Noa as much as possible, but is indicative. Exceeding a stated delivery time does not entitle the consumer to compensation.


Article 12 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after confirmation of the order.

  2. The consumer has the obligation to report any inaccuracies in payment details provided or stated to Élise Noa without delay.

  3. In the event of late payment, Élise Noa is entitled to suspend the agreement until payment has been received, or to terminate the agreement, without Élise Noa being obliged to pay damages.

  4. All payments are made via the payment methods indicated on the Élise Noa website.

Article 13 – Intellectual property rights

  1. All intellectual property rights to the products and services offered through the Élise Noa website, including but not limited to copyrights, trademarks, models, databases and domain names, are vested in Élise Noa or its licensors.

  2. The consumer is prohibited from reproducing, modifying, distributing or trading the products and/or services in whole or in part without the permission of Élise Noa, unless this concerns lawful use within the framework of the applicable legislation.


Article 14 – Liability

  1. Élise Noa is not liable for damage resulting from an error in the execution of the agreement that is attributable to the consumer.

  2. Élise Noa is only liable for damage resulting from a shortcoming in the performance of the agreement if this shortcoming is the result of intent or gross negligence on the part of Élise Noa.

  3. Élise Noa's liability is in all cases limited to the amount paid by the consumer for the product or service that caused the damage.

  4. Élise Noa is not liable for indirect damage, consequential damage, loss of profit or loss of turnover, unless this is the result of intent or gross negligence on the part of Élise Noa.

Article 15 – Complaints procedure

  1. Élise Noa has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

  2. Complaints about the performance of the agreement must be submitted to Élise Noa fully and clearly described within a reasonable period after the consumer has discovered or could reasonably have discovered the defects.

  3. In the event of a complaint, Élise Noa will respond as soon as possible, but in any case within 14 days of receipt of the complaint. If more time is needed to provide a substantive response, Élise Noa will inform the consumer about the term of response.

  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that can be submitted to a competent court or a dispute committee if both parties agree to do so.