Update – 3 November 2026
These Terms cover website use, bespoke projects and sales by Elemntz B.V., including Le Rouge Label, Racing Relics and Late for Monaco. The sections below distinguish business customers from consumers. Mandatory consumer rights always take precedence.
Part I General provisions
Article 1 Identity and contact
1. The contracting party is Elemntz B.V., Industrielaan 11, 5405 AA Uden, the Netherlands, referred to below as “Elemntz”, “we”, “us” or “our”.
2. General enquiries: info@elemntz.com. Order, return and product enquiries: support@elemntz.com. Telephone: +31 (0)6 24 44 25 94. Our contact form is available on the Contact Us page. Studio visits are by appointment.
3. Chamber of Commerce registration number: 58.20.36.21
. VAT identification number : NL 85 29 22 449 B01
4. Le Rouge Label, Racing Relics and Late for Monaco are labels operated by Elemntz B.V., not separate contracting parties, unless a different seller is expressly identified before the agreement is concluded.
Article 2 Definitions and scope
1. A “consumer” is a natural person acting for purposes outside their trade, business, craft or profession. A “business customer” is a customer who is not acting as a consumer. A “customer” means either, as applicable.
2. These Terms apply, when validly incorporated into the agreement, to our quotations, orders, sales, deliveries, design and engineering work, production, installation and other agreed services. Part II also addresses use of our website.
3. Part I and Part VI contain general provisions. Part III applies specifically to bespoke projects. Part IV applies to products and webshop orders. Part V applies whenever the customer is a consumer, including a consumer commissioning a bespoke project.
4. Individually agreed terms prevail over these standard Terms. More specific provisions prevail over general provisions, always subject to mandatory law. The business-only clauses identified in these Terms do not apply to consumers.
5. For business contracts, we reject the customer’s purchasing or other standard terms unless expressly accepted in writing. Whether either party’s terms apply remains subject to the applicable rules on incorporation and conflicting standard terms.
6. Amendments to an individual agreement must be recorded in writing. Email is sufficient unless another form is legally required. This does not exclude a consumer’s right to rely on statements or agreements that are binding under mandatory law.
7. If a provision is invalid or unenforceable, the remaining provisions continue to apply where the agreement can reasonably continue. An unfair consumer term will not be replaced or enforced in a manner that circumvents consumer protection.
Article 3 Quotations and formation of agreements
1. Quotations are non-binding unless a validity period or binding offer is expressly stated. The scope, deliverables, price and applicable terms are set out in the quotation, product information or order process.
2. A project agreement is formed when an offer is accepted and, where the offer requires this, confirmed by Elemntz, or when we begin agreed work with the customer’s consent. The webshop process is addressed in Article 30.
3. An obvious clerical, calculation or pricing error does not bind us where the customer could not reasonably have understood it to be our genuine offer. This is not a general right to cancel a concluded contract.
4. A combined quotation does not oblige us to supply part of it for a proportionate price. Earlier quotations or prices do not automatically apply to subsequent orders.
5. Drawings, photographs, renders, samples, dimensions and specifications must be read together with the agreed product description and any approved reference standard. Indicative presentation does not remove binding specifications, agreed essential characteristics or mandatory conformity obligations.
Article 4 Prices and additional costs
1. Business prices exclude VAT and other applicable levies unless stated otherwise. Consumer prices include VAT and unavoidable charges, with any additional delivery or other costs disclosed before the order is placed.
2. Transport, insurance, packaging, installation, travel, accommodation, engineering, certification and other project costs are included only where expressly identified as included in the quotation. Any costs chargeable to a consumer must be disclosed and agreed as required by law.
3. For business contracts, documented changes in taxes, duties, material or transport costs, exchange rates or supplier prices may be passed on only to the extent allowed by the agreement and applicable law. Scope changes are governed by Article 16.
4. We do not reserve an unrestricted right to increase an agreed consumer price. Any consumer price change requires a valid legal and contractual basis and any cancellation or other rights required by law.
Article 5 Payment
1. Business invoices are payable within 14 days of the invoice date unless otherwise agreed in writing. An individual quotation may agree a different term.
2. Business advances, stage payments or security may be agreed before work or production starts or continues. We may suspend the affected work for overdue amounts where legally justified and proportionate.
3. A dispute about part of a business invoice does not suspend payment of its undisputed part. Consumers retain all statutory rights to suspend payment.
4. If a business customer is in default, statutory commercial interest and recoverable collection costs may be due under applicable law. Consumer default, interest and collection costs are governed by the applicable statutory requirements, including any required payment reminder and period to pay.
5. Consumer payment methods and timing are disclosed before the contract is concluded. For consumer purchases of goods, these Terms do not require advance payment of more than half the purchase price. Full advance payment may be chosen voluntarily where lawful; a compliant alternative must be available.
Article 6 Specialist suppliers and third parties
1. We may engage specialist suppliers, engineers, manufacturers, carriers and installers to perform the agreed work.
2. The use of third parties does not itself extend the agreed scope. It does not, however, automatically release Elemntz from responsibility for parties used to perform its own contractual obligations.
3. Technical limitations, manufacturing tolerances and supplier requirements must be assessed against the agreed specification. They do not automatically override the contract or become binding customer terms merely because a supplier uses them.
Part II Website use
Article 7 Accounts and lawful use
1. You must provide accurate and current information when placing an order or creating an account, protect your login details and notify us of suspected unauthorised use.
2. You may not misuse the website, infringe intellectual property rights, upload malicious code, interfere with security, collect personal data without authority, engage in fraud, phishing or spam, or submit unlawful, abusive or defamatory material.
3. We may restrict access where reasonably necessary to address misuse, fraud, security risks or legal obligations. This does not cancel existing orders or remove customer rights without a separate lawful basis.
4. A person entering a contract must have legal capacity or any consent required by law. Visiting the website alone is not treated as acceptance of every contractual provision applicable to purchases or projects.
Article 8 Website information and availability
1. We take reasonable care to present accurate and current information. We may correct errors and update or discontinue website features, subject to existing agreements and applicable law.
2. Product appearance may vary with screens, lighting and photography. This does not exclude responsibility for the product’s agreed characteristics or misleading information.
3. We cannot promise uninterrupted or error-free website access. Liability for website operation is determined by applicable law; these Terms do not impose the business project liability limits on consumers.
4. Prices or availability displayed for future orders may change. Changes to website content do not by themselves change a contract already concluded.
Article 9 External services and links
1. Third-party tools, embedded services and external websites may have their own terms and privacy policies. Review the relevant provider’s information where you use its independent services.
2. We do not control independent external websites. This does not exclude responsibility for our own statements, selection or integration of services, or for providers performing our contractual obligations where the law makes us responsible.
3. Payment information is processed by the relevant payment provider. We use appropriate security measures; the Privacy Policy explains personal data processing.
Article 10 Website content and submissions
1. Unless otherwise indicated, website text, photographs, renders, designs, graphics, logos, trademarks and other creative content are owned by or licensed to Elemntz or the identified rights holder.
2. Content may not be copied, modified, published, distributed or commercially exploited without permission, except where permitted by law. Buying a physical product does not transfer intellectual property rights in its design.
3. You must have the necessary rights to material you submit. Submitting comments, suggestions, drawings or other material does not automatically transfer ownership or grant us an unrestricted commercial licence. Any further use requires an appropriate legal basis or agreement.
Article 11 Privacy and related policies
1. Personal data processing is explained in our Privacy Policy. Cookies and similar technologies are explained in our Cookie Policy. These notices do not substitute for consent where consent is required.
2. Practical shipping and return information appears on the Delivery and Returns page. Mandatory rights and individually agreed contractual terms take precedence. A policy does not remove a more favourable binding promise made to the customer.
3. The Disclaimer explains brand independence, cultural references and intended product use. It does not override agreed characteristics, product safety duties or mandatory customer rights.
Part III Bespoke projects
Article 12 Agreed scope
1. Project deliverables and responsibilities are defined by the quotation, order confirmation and agreed written changes.
2. Engineering, calculations, certification, installation, structural or electrical provisions, software, integration, transport and testing are included only where expressly agreed. This does not exclude duties imposed by law on the work actually undertaken.
3. We assume responsibility for structural calculations, classification, certification or system integration only to the extent included in the agreed scope or required by mandatory law.
4. Supplying an object for a ship, building or larger installation does not make us responsible for the entire installation. We remain responsible for our agreed contribution and any applicable duty to warn about apparent defects, unsafe instructions or unsuitable interfaces.
Article 13 Customer information and coordination
1. The customer must provide the measurements, drawings, CAD files, technical details, connections, materials, site information and shipyard, designer or engineer requirements needed for the agreed work in good time.
2. We may generally rely on customer information unless verification is included in our scope or there is reason, including an applicable professional or statutory duty, to question it or warn the customer.
3. For business customers, additional costs and delay caused by inaccurate, incomplete or late information are for the customer to the extent attributable to that customer. This does not excuse our own attributable errors or breach of a duty to warn.
Article 14 Designs samples and prototypes
1. Renders communicate design intention, shape and finish. Samples, prototypes and material swatches may differ from final production within the agreed or objectively reasonable tolerances.
2. A sample approved as a binding reference standard applies within the agreed material and production tolerances. Variations must not defeat essential agreed characteristics.
3. Charges for samples, prototypes, mock-ups, tests and additional development rounds must follow the agreed quotation or an authorised change. They are not automatically free, and these Terms do not authorise undisclosed consumer charges.
Article 15 Approval and production release
1. The customer must carefully review drawings, dimensions, specifications, finishes, materials and samples submitted for approval.
2. Written approval by the customer or an authorised representative constitutes a production release to the extent identified in the approval request. We may then place supplier orders and begin production.
3. Approval does not release us from responsibility for our own design or execution errors, mandatory product duties or risks that we were required to identify or explain.
4. Changes after approval may affect price, timing and completed components. Unavoidable commitments are addressed under the agreed change or lawful cancellation rules; they are not charged twice.
Article 16 Changes and additional work
1. Changes to design, dimensions, materials, finish, technology, quantity, site or scheduling may require additional work and a revised delivery date.
2. We will explain foreseeable price and timing consequences and seek agreement before implementing a change. Where legally required, we will warn the customer in good time that additional work increases the price.
3. Unforeseen necessary work does not create an unrestricted right to charge extra. Entitlement depends on the agreement, the customer’s authorisation and applicable law, including the rules on cost-increasing circumstances and additional work.
4. We need not carry out a requested change until its consequences are agreed, except where another duty applies. A customer-requested change does not itself create a right to cancel the original order free of charge.
Article 17 Handmade products and material variations
1. Bespoke and small-series production can involve natural or manufacturing variations in colour, grain, texture, gloss, patina, oxidation, glass, bronze, stone, timber, castings, joints, polishing and dimensions.
2. A variation is not a defect merely because it is inherent in the agreed material or process and falls within agreed or reasonable tolerances. A variation that breaches an agreed characteristic, safety requirement or mandatory conformity rule is not excused by this clause.
3. For consumers, a departure from objectively required product characteristics requires the specific information and separate express acceptance required by law; a general reference to handmade variation is insufficient.
Article 18 Project planning and delay
1. Project dates are estimates unless agreed as binding. The agreed context and applicable law determine whether a date is essential.
2. For business customers, exceeding a non-essential date does not itself justify damages or termination before any legally required notice and reasonable additional performance period. This does not exclude cases where default arises without notice under law.
3. Timing may be reasonably adjusted for customer delay, late approvals, authorised changes, missing information, overdue payments, site conditions or force majeure, to the extent these actually affect the critical work and are not attributable to Elemntz.
4. Supplier delay is not automatically force majeure. We will communicate material delays and reasonable mitigation measures. Consumer delivery rights are governed by Article 34.
Article 19 Delivery transport and storage
1. The quotation or order confirmation identifies the delivery arrangements. Where an Incoterm is agreed, the version stated in that agreement applies.
2. For business customers, risk passes at the agreed delivery point. An Incoterm does not override mandatory consumer delivery protection.
3. If a business customer postpones agreed delivery after completion, reasonable storage, transport, insurance and handling costs may be charged following notice. Agreed payment milestones remain applicable where legally justified.
4. Consumer risk in goods passes under Article 34. Additional consumer storage charges require a valid legal or contractual basis.
Article 20 Installation and site conditions
1. Where installation is agreed, the customer must provide safe, accessible and suitable working conditions and coordinate site access and work by other contractors.
2. Responsibility for structures, mounting points, power supplies and other interfaces follows the agreed scope and applicable law, including our duties to warn about apparent unsuitability.
3. For business customers, demonstrable waiting time, repeat visits and additional work attributable to an unprepared site or other contractors may be charged on the agreed basis. Consumer charges require the disclosure, warning and agreement required by law.
Article 21 Inspection and business complaints
1. A business customer must inspect delivery promptly. Visible defects must be reported in writing with sufficient detail within 14 days of delivery or completion. Hidden defects must be reported within 14 days of discovery or the time they reasonably should have been discovered.
2. These contractual periods apply only to business customers and only to the extent enforceable in the circumstances. Consumer complaints are governed by Article 39.
3. The customer must allow a reasonable inspection. Third-party repairs intended to be charged to Elemntz require prior written consent, except for demonstrably necessary immediate mitigation or where the customer is otherwise legally entitled to arrange repair.
Article 22 Business bespoke warranty and remedies
1. Unless otherwise agreed in writing, business bespoke products have a contractual warranty of one year from delivery. This is a business warranty, not a limit on consumers’ statutory rights.
2. For third-party components, the contractual business warranty is limited to the transferable manufacturer or supplier warranty received by us, where legally permissible. This does not exclude other liability that cannot validly be excluded.
3. Warranty cover does not apply to the extent the defect is caused by misuse, normal wear, poor maintenance or storage, unauthorised changes or third-party repairs, incorrect third-party installation, unsuitable external systems or environmental conditions, or failure to follow instructions.
4. For a justified business claim, we must first have a reasonable opportunity to investigate and offer repair, replacement of a component, remanufacture or another appropriate solution. A repairable defect does not automatically justify replacement of the whole product or termination.
5. Any separately agreed treatment of on-site access, removal, travel or installation costs must be checked in the relevant quotation and warranty. These Terms do not introduce an undisclosed exclusion of such costs.
Article 23 Cancellation of bespoke work
1. A business customer cannot cancel a confirmed bespoke order free of charge merely because it is made to order. Cancellation requires agreement or a contractual or statutory right.
2. Where a business cancellation is accepted or permitted and the law allows recovery, the settlement may include completed design and engineering, materials and components ordered, unavoidable supplier commitments, completed parts, third-party cancellation charges and demonstrable loss on reserved capacity. Savings, reusable materials, resale proceeds and avoided costs must be taken into account. No double recovery is permitted.
3. For agreements classified as contracts for work, the applicable statutory cancellation and settlement rules govern unless validly varied. These Terms do not make the customer’s statutory cancellation rights disappear.
4. A consumer’s withdrawal rights and bespoke exceptions are governed by Articles 35 to 37. A bespoke exception to withdrawal does not remove remedies for non-performance or other mandatory cancellation rights.
Article 24 Retention of title for business customers
1. Delivered goods remain our property until the business customer’s obligations covered by a legally valid retention of title have been paid. The reservation applies only to the extent permitted by law and does not create ownership rights that the law does not recognise after incorporation, accession or processing.
2. Goods subject to retention of title may not be pledged or otherwise encumbered. Disposal in the ordinary course of business is allowed only where compatible with the reservation and agreed arrangements.
3. The business customer must keep the goods identifiable where reasonably possible and appropriately insured until title passes.
Article 25 Project intellectual property and confidentiality
1. Rights in designs, concepts, drawings, renders, CAD and 3D files, prototypes, technical solutions, samples, models and creative work developed by or for us remain with Elemntz or the original rights holder, subject to any express agreement and applicable law.
2. Payment for design, development or manufacture does not itself transfer intellectual property. The customer receives the use rights agreed for the project, including those reasonably necessary for the agreed purpose.
3. Without permission, project designs and technical solutions may not be reused for other projects, reproduced by third parties or supplied to third parties for production or commercial exploitation, except as permitted by law or the agreed licence.
4. Any transfer of intellectual property requires an express agreement and the formalities required by law. Necessary access to technical information for safe use, maintenance or compliance must be addressed in the project agreement.
5. Customer confidential information will not be publicly disclosed. Disclosure to project suppliers is limited to what is reasonably necessary for performance under appropriate confidentiality arrangements, or what law requires. Public portfolio use of confidential client projects requires an appropriate permission or legal basis.
Article 26 Liability in business projects
1. This Article applies only to business projects. Liability requires an attributable breach or other legally recognised basis and, where required, default after a reasonable opportunity to remedy.
2. To the extent enforceable, compensation is limited to direct loss. Indirect and consequential losses are excluded, including lost profit, turnover, savings, production, charter income, use or reputation, shipyard and vessel delay, berth and financing costs, third-party penalties and consequential owner, yard or contractor claims.
3. We are not liable to the extent loss is attributable to customer information or instructions, unauthorised use, third-party work outside our responsibility or integration outside our scope. Customer approval is not an automatic defence to our own errors or breach of a duty to warn.
4. Where enforceable, our liability is capped at the insurance payment actually made for the event plus the applicable deductible. If no payment is made, the cap is the net price, excluding VAT, of the part of the project to which the liability relates, not exceeding the total net project price.
5. Connected events count as one event for this cap. Employees, directors, subcontractors and other assistants may rely on these protections to the extent permitted by law.
6. No exclusion or limit applies to fraud, intent or deliberate recklessness of Elemntz or its management, or to any liability that cannot lawfully be excluded or limited. A limitation also does not apply where reliance on it would be unacceptable under the applicable standards of reasonableness and fairness.
7. This business allocation does not limit consumer liability claims, mandatory product liability or liability for death or personal injury where exclusion is prohibited.
Article 27 Business indemnity
1. A business customer indemnifies Elemntz against third-party claims to the extent caused by that customer’s attributable instructions, designs, materials, systems or work, including work by parties for whom that customer is responsible.
2. The indemnity does not cover our own attributable fault or obligations that cannot lawfully be transferred. We will give reasonable notice and cooperation and will not agree a settlement at the customer’s expense without appropriate consultation.
Article 28 Force majeure in projects
1. Performance may be suspended where an event outside our reasonable control prevents performance and is not attributable to us under law, the agreement or generally accepted principles.
2. War, government restrictions, fire, major transport or energy disruption and similar events may qualify, depending on the circumstances. Supplier problems, shortages or increased costs are not automatically force majeure.
3. We will notify the customer, explain the affected work and seek reasonable mitigation. Only work actually performed and amounts otherwise lawfully due may be invoiced; these Terms do not make all unfinished work payable.
4. Statutory or agreed termination rights and any obligation to refund unearned payments remain applicable. Consumer remedies are not excluded by this Article.
Part IV Products and webshop orders
Article 29 Collections and product information
1. Products under Le Rouge Label, Racing Relics and Late for Monaco are sold by Elemntz B.V. unless another seller is expressly identified before purchase.
2. Product descriptions identify relevant characteristics, materials, dimensions, condition and any agreed intended use. Pictures are read with that information and do not remove conformity obligations.
3. Limited editions and numbered products may be available in restricted quantities. A specific edition number is supplied only where expressly agreed.
4. Le Rouge Label may offer both our own designs and selected design objects. The product information must distinguish these where relevant.
5. Age, wear, patina and earlier restoration may be part of a vintage or used object’s disclosed condition. A specific departure from consumer conformity expectations must be disclosed and separately expressly accepted where law requires; generic vintage wording is not sufficient.
6. Apparel and lifestyle accessories are not professional racing or protective equipment unless expressly described and lawfully supplied as such. This does not exclude safety obligations for their ordinary intended use.
Article 30 Webshop orders and acceptance
1. Before ordering, the customer can review the product, total price, delivery restrictions, payment arrangements and applicable terms and correct input errors. A paid order must be placed through a button or equivalent action clearly indicating the payment obligation.
2. A webshop contract is formed when we send confirmation accepting the order. An automatic message acknowledging receipt is not acceptance if it clearly says so. The wording of the actual order communications and applicable law determine when the contract is formed.
3. We may refuse an order before acceptance on reasonable lawful grounds. Once a contract is formed, we may cancel only where a contractual or legal right permits it; a stock error, suspected fraud or website clause does not create an unlimited cancellation right.
4. If a product is unexpectedly unavailable, we will promptly inform the customer, discuss lawful alternatives and refund amounts due for an order that is validly cancelled or terminated.
5. We provide the order and required contractual information in a durable form, such as an email with the applicable Terms attached or otherwise provided in a form that can be retained unchanged.
Article 31 Shipping arrangements and charges
1. The following shipping arrangements apply to online purchases from Elemntz B.V., including products offered under Le Rouge Label, Racing Relics and Late for Monaco. Shipping within the Netherlands is complimentary, with an estimated delivery time of 1 to 3 business days. Shipping to selected EU countries costs a flat rate of €20 per order, with an estimated delivery time of 3 to 7 business days.
2. Orders are carefully packaged and dispatched from the Netherlands. Deliveries take place Monday through Saturday. Delivery times are estimates and may vary due to local conditions, subject to binding commitments and consumer delivery rights.
3. Shipping costs and available destinations are clearly shown before the order is placed. The webshop currently ships only within the European Union. In accordance with our Delivery and Returns policy, no customs duties, import taxes or additional delivery fees are charged on those EU deliveries. A destination not supported on that basis is not offered without prior clear disclosure and agreement.
4. Transport for an individually quoted bespoke project follows that project’s quotation or order confirmation. This does not change the stated webshop shipping rates.
5. Customers must provide accurate delivery information. The consequences of an address error depend on responsibility and applicable law; consumer risk does not automatically pass because an address was entered incorrectly.
6. These Terms do not introduce delivery outside the EU for webshop orders. Any separate project shipment to another territory requires its own agreed transport and customs arrangements.
7. Delays, risk and remedies for consumers are governed by Part V. Carrier conditions do not override our obligations to the customer.
Part V Consumer rights
Article 32 Priority of consumer protection
1. Mandatory Dutch and applicable European consumer protection prevails over every conflicting provision. Business complaint deadlines, the one-year business warranty, the business liability cap and the business limitation period do not apply to consumers.
2. Consumers retain their rights in relation to misleading information, unfair terms, defective performance, statutory conformity, withdrawal and dispute resolution. Exceptions or restrictions apply only where the law permits and the relevant requirements are satisfied.
3. Project clauses apply to consumers only insofar as compatible with mandatory consumer law and the legal classification of the agreement. A mixed goods and services contract must be assessed on that basis.
Article 33 Consumer information and payment
1. Before a consumer is bound, we provide the legally required information about the seller, products or services, price, additional charges, payment, delivery, complaint handling, withdrawal and any relevant exceptions.
2. This information is provided again in a durable form within the legally required time. Mandatory information is not supplied merely by a vague reference to the website.
3. Payments and advances are governed by Article 5. Optional charges require express consent; they are not imposed through preselected choices.
Article 34 Consumer delivery and risk
1. Goods are delivered by the agreed date or, if none is agreed, without undue delay and no later than 30 days after the contract is concluded, unless a different period is lawfully agreed.
2. If we fail to deliver, the consumer may give an appropriate additional period and then terminate if delivery still does not take place. No additional period is required where the law permits immediate termination, for example where we refuse delivery or an essential agreed deadline is missed.
3. Risk remains with us until the consumer, or a third party designated by the consumer other than the carrier, physically receives the goods. The statutory exception may apply where the consumer independently appoints a carrier not offered by us.
4. On valid termination for non-delivery, payments due back are refunded without undue delay. Consumer rights to other remedies remain unaffected.
Article 35 Withdrawal from distance purchases
1. Unless a statutory exception applies, a consumer buying goods at a distance may withdraw without giving a reason within 14 days after the day the consumer or their designated recipient receives the goods.
2. For goods in one order delivered separately, the period generally begins after receipt of the last good. For goods supplied in several lots or pieces, it begins after the last lot or piece. Other statutory starting rules apply where relevant.
3. For a distance service contract, the period generally runs for 14 days after the day the contract is concluded. Article 37 addresses early performance.
4. The consumer may withdraw by an unequivocal statement, including email to support@elemntz.com or post to our address in Article 1, by the model form in the Annex, or through our online withdrawal function where required for contracts concluded through an online interface. The model form is optional.
5. A notice sent before the withdrawal period expires is timely. The consumer should retain evidence. Where withdrawal is submitted online, we provide the required acknowledgement on a durable medium without undue delay.
6. Our online interface must provide the clear, accessible withdrawal function required by applicable law. It is an additional route and does not replace email, post or the model form.
7. Where legally required withdrawal information has not been supplied, the withdrawal period is extended as provided by law, potentially by up to 12 months.
Article 36 Returns and reimbursement after withdrawal
1. Unless we offer collection, the consumer must send back or hand over the goods without undue delay and within 14 days after notifying withdrawal. Sending within that period is sufficient.
2. Returns may be sent to Elemntz B.V., Industrielaan 11, 5405 AA Uden, the Netherlands, unless another suitable return address has been clearly provided. Contacting support can help identify the return but is not a condition for a valid withdrawal.
3. As stated in our Delivery and Returns policy, direct return shipping costs are the customer’s responsibility unless otherwise agreed or required by law, and only where informed before purchase as legally required. For goods that cannot normally be returned by post, the legally required cost information or estimate must be provided before purchase. Costs of remedying defective or incorrect delivery are governed by Article 38.
4. Items should be returned unworn, unused and unwashed, and where reasonably possible with original tags and packaging, subject always to the consumer’s right to inspect or try goods as necessary to establish their nature, characteristics and functioning. Only depreciation caused by handling beyond that level may be charged where legally permitted and after the required withdrawal information has been supplied.
5. Original packaging, labels and proof of order are helpful, but absence of packaging or an order printout does not automatically remove withdrawal rights. The purchase may be established by other reasonable evidence.
6. We reimburse payments covered by withdrawal, including the original standard delivery charge when the whole order is withdrawn, without undue delay and within 14 days after we are informed of withdrawal. Extra cost of a more expensive delivery option chosen by the consumer need not be refunded. For partial returns, delivery reimbursement follows the law and the charges that would apply to the retained goods.
7. Unless we offer collection, we may withhold reimbursement only until we receive the goods or evidence of return, whichever occurs first. Inspection or internal approval does not create a further postponement right.
8. We use the original payment method unless the consumer expressly agrees otherwise, without reimbursement fees. Once we have received and inspected the return, we notify the customer about the return within 3 business days. This operational target does not postpone the statutory reimbursement deadline.
9. As explained in our Delivery and Returns policy, depending on the bank or payment provider, a processed refund may take up to 10 business days to appear in the account. This describes bank processing only and does not extend our obligation to initiate and make reimbursement within the statutory deadline. Contact support@elemntz.com if the payment has not appeared after that period.
10. We recommend tracked return shipping and retaining proof of postage. Return transit risk follows applicable law; it normally rests with the consumer arranging the return, while risk in a collection arranged by us follows the relevant statutory rules.
11. Returned items are inspected on receipt. We may document opening and inspection for condition, completeness, authenticity and dispute handling, using the documentation only for those purposes and handling personal data in accordance with our Privacy Policy. Inspection is not an additional condition for timely withdrawal or an extra refund waiting period.
Article 37 Bespoke exceptions and early service performance
1. Withdrawal is excluded for goods made to the consumer’s specifications or clearly personalised only where the statutory exception applies. We clearly disclose the exception before purchase as required by law. Limited editions, numbering, ordering from a supplier or lack of stock do not by themselves create an exception.
2. The consumer retains statutory conformity rights for bespoke goods. Exclusion of withdrawal is not exclusion of warranty or remedies for defective performance.
3. We begin a service during a withdrawal period only on the consumer’s express request and with the information and acknowledgements required by law.
4. If the consumer then withdraws before completion, only a proportionate amount for lawfully requested work may be charged where the legal conditions are met. Withdrawal is lost after full performance only where all required prior express consent and acknowledgement conditions have been met.
5. Digital content not supplied on a tangible medium requires its own statutory consent, acknowledgement and confirmation formalities before withdrawal can be lost. These Terms alone do not obtain that consent.
Article 38 Conformity and consumer remedies
1. Goods must conform to the agreement and meet the applicable subjective and objective statutory requirements. Dutch statutory conformity rights have no universal fixed one-year or two-year cut-off; reasonable expectations depend on the product and circumstances.
2. A manufacturer or commercial warranty supplements statutory rights and does not replace our responsibility as seller. A consumer is not required to pursue only the manufacturer.
3. Where goods do not conform, the consumer has the statutory rights to free repair or replacement within a reasonable time and without significant inconvenience and, where the conditions are met, price reduction or termination. Necessary transport, labour and material costs and any legally required removal or installation costs are not charged to the consumer.
4. The law determines the burden of proof, including the applicable presumption for defects appearing within the first year after delivery. These Terms do not reverse that burden.
5. Normal wear and damage actually caused by misuse, inadequate maintenance or an accident are not automatically our responsibility. We must substantiate a defence where the law requires it. Relevant vintage condition is assessed with Article 29 and mandatory law.
6. Where goods contain digital elements, we supply the conformity, update and information obligations required by law for the relevant period. Bespoke software and related services remain subject to their legal classification and agreed scope.
Article 39 Complaints and access to remedies
1. Complaints can be sent to support@elemntz.com or through the Contact Us page. Include a description, order details and, where reasonably possible, photographs. Photographs or video are not absolute conditions for exercising statutory rights.
2. For damaged, defective or incorrect deliveries, we request contact within 48 hours of receipt with a clear description and, where possible, photos or a short video. This helps us resolve the issue quickly and does not affect statutory rights. A consumer must notify a conformity complaint within a reasonable time after discovering it. Notification within two months after discovery is in any event timely for consumer goods where the statutory rule applies. Business 14-day deadlines and a request to report transport damage within 48 hours do not shorten consumer rights.
3. We assess complaints within a reasonable time and explain any proposed remedy. This internal procedure does not prevent access to a competent court, statutory remedies or an applicable dispute procedure.
4. No membership of a dispute board or ADR scheme is claimed unless separately confirmed. Any compulsory participation or legally required information will be provided where applicable.
Article 40 Voluntary returns exchanges and liability
1. To exchange a correctly supplied item under our voluntary exchange process, return the original item first; once that return has been completed and approved, a new order can be placed. This process does not restrict a consumer’s statutory right to replacement of a non-conforming product. Any other voluntary return or repair service is additional to statutory rights and follows the applicable offer or policy.
2. Consumer liability claims are assessed under applicable law. These Terms do not impose the business project cap, business consequential-loss exclusion, business indemnity or shortened business limitation period on consumers.
3. Nothing excludes liability for defective products, personal injury or other loss where exclusion or limitation is prohibited by law.
Part VI Final provisions
Article 41 Business suspension termination and limitation
1. We may suspend or terminate a business agreement for a sufficiently serious breach, following notice and a reasonable cure period where required by law, and subject to the rules applicable to the type of contract.
2. We may seek reasonable security or payment where justified doubts about business performance or creditworthiness arise. Insolvency, liquidation or a moratorium is dealt with under applicable law, including any restrictions on termination or enforcement.
3. To the extent validly agreed and enforceable, a business customer’s damages claim against Elemntz is contractually limited to one year after the customer knew or reasonably should have known of the damage and Elemntz as the potentially liable party. This clause does not shorten consumer time limits or override mandatory law, fraud or the exceptions in Article 26.
Article 42 Governing law and disputes
1. Dutch law governs these Terms and agreements, subject to any mandatory rules. The United Nations Convention on Contracts for the International Sale of Goods is excluded for business agreements.
2. For consumers, the choice of Dutch law does not deprive them of mandatory protection under the law that would apply without that choice, including protection of their habitual residence where applicable.
3. Parties will first seek a practical resolution. Business disputes are submitted exclusively to the competent Dutch court in the district of Elemntz B.V.’s registered office, insofar as that choice is lawful and validly agreed.
4. Consumers retain access to the courts and dispute procedures available under mandatory law. No exclusive business forum clause applies to them.
Article 43 Versions changes and language
1. The version validly incorporated when an agreement is concluded applies to that agreement unless a later change is lawfully agreed. Posting a new version does not retrospectively change concluded contracts.
2. Changes to continuing agreements require a valid basis, appropriate notice and any rights to refuse or terminate required by law. New website rules apply to future use only to the extent lawfully applicable.
3. We make the applicable Terms available in a form the customer can read and retain. Project customers should receive them before concluding their agreement; webshop customers must receive timely access before ordering and the required durable confirmation.
4. This document is the consolidated English version. If corresponding language versions are offered, any agreed language precedence must be clearly stated and must not prejudice mandatory consumer protection. An earlier version does not take precedence merely because it is in another language.