Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur 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;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services by the entrepreneur, where up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer from 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 shall be made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be provided to the consumer electronically in such a way that it can easily be stored on a durable data carrier by the consumer. If this is not reasonably possible, the entrepreneur shall indicate where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
Where, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer may always rely on the provision most favorable to them.
If one or more provisions in these general terms and conditions are null and void or annulled in whole or in part at any time, the remaining provisions of the agreement and these terms shall remain in force, and the relevant provision will be replaced in mutual consultation by a provision that approximates the original intent as closely as possible.
Situations not covered by these general terms and conditions must be assessed “in the spirit” of these terms.
Uncertainties about the interpretation or content of one or more provisions of these terms should likewise be interpreted “in the spirit” of these general terms and conditions.

Article 3 – The Offer

If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a true representation of the offered items, but the entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This includes, in particular:

the price, excluding customs clearance costs and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will, regarding the import, use the special scheme for postal and courier services, applicable when goods are imported into the destination EU country, which applies here. The postal or courier service collects the VAT (possibly together with clearance costs) from the recipient;
any shipping costs;
the way in which the contract will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the contract;
the period for accepting the offer or the period during which the entrepreneur guarantees the price;
the rate for distance communication if it differs from the basic rate of the communication means used;
whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer can check and, if desired, correct the information provided in connection with the contract before conclusion;
any other languages in which the contract may be concluded besides Dutch;
the codes of conduct to which the entrepreneur has subscribed and how the consumer can consult them electronically; and
the minimum duration of the distance contract in the case of a continuing performance contract.
Optional: available sizes, colors, types of materials.

Article 4 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the stipulated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may—within legal limits—obtain information about whether the consumer can meet their payment obligations, as well as other facts and factors relevant for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request or attach special conditions to the execution, with justification.
The entrepreneur shall send to the consumer, with the product or service, the following information in writing or in a form that allows it to be stored on a durable data carrier:

the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if this right is excluded;
information about guarantees and existing after-sales service;
the data referred to in Article 4(3) of these terms, unless already provided before execution of the contract;
the conditions for terminating the contract if it has a duration of more than one year or is indefinite.
In the case of a continuing performance contract, the previous paragraph applies only to the first delivery.
Each contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 14 days. This cooling-off period starts on the day after the consumer or a representative designated by the consumer and known to the entrepreneur receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall unpack or use the product only to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product, via written message or email. After notifying withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by providing proof of shipment.
If the consumer has not indicated their intention to exercise the right of withdrawal within the period specified in paragraphs 2 and 3, or has not returned the product, the purchase is a fact.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products is borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received by the seller or conclusive proof of complete return has been provided.

Article 7 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion is only possible if clearly stated in the offer or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:

that have been produced according to the consumer’s specifications;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
single newspapers and magazines;
audio and video recordings or computer software whose seal has been broken by the consumer;
hygienic products whose seal has been broken.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant or leisure activities performed on a specific date or during a specific period;
the delivery of which has begun with the consumer’s explicit consent before the end of the cooling-off period;
relating to betting and lotteries.

Article 8 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for changes resulting from changes in VAT rates.
By way of exception, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control, at variable prices. This link to fluctuations and the fact that any quoted prices are target prices will be stated in the offer.
Price increases within 3 months after conclusion of the contract are only allowed if they result from statutory regulations or provisions.
Price increases from 3 months after conclusion of the contract are only allowed if agreed by the entrepreneur and:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the contract from the day the price increase takes effect.
The place of delivery, under Article 5(1) of the Dutch VAT Act 1968, is the country where the transport begins. In this case, delivery takes place outside the EU. Therefore, the postal or courier service will collect import VAT and/or clearance fees from the customer. Consequently, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 9 – Identity of the Entrepreneur

Company name: Next Winners
Business address: kilstraat 4, 1441JH
Email: info@elevra-london.com
Chamber of Commerce number: 98645536
VAT identification number: NL005345117B06

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of reliability and/or usability, and existing legal provisions and/or government regulations at the time of conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims against the entrepreneur under the contract.
Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the final suitability of the products for each individual application, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

the consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions, handled carelessly, or treated contrary to the entrepreneur’s instructions and/or those on the packaging;
the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing product orders.
The place of delivery is the address provided by the consumer to the company.
Subject to what is stated in Article 4 of these terms, the company shall execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed or if an order cannot be executed or only partially, the consumer shall be informed no later than 30 days after placing the order. The consumer then has the right to dissolve the contract without cost and may be entitled to compensation.
In the event of dissolution pursuant to the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, the consumer will be clearly informed that a replacement product is being supplied. In case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer, unless otherwise expressly agreed.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

Termination
The consumer may terminate an indefinite-term contract for the regular delivery of products (including electricity) or services at any time, with due regard for the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time at the end of the agreed period, observing a notice period of no more than one month.
The consumer may:

terminate contracts as described above at any time and not be restricted to termination at a specific time or in a specific period;
terminate them in the same way as they were entered into;
always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
A fixed-term contract for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
By way of exception, a fixed-term contract for the regular delivery of newspapers, news, or weekly magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month, and a maximum of three months for contracts involving the delivery of newspapers or magazines less than once per month.
A limited-duration trial or introductory subscription for the regular delivery of newspapers or magazines shall not be tacitly continued and ends automatically after the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period as referred to in Article 6(1). In the case of a service contract, this period starts after the consumer has received confirmation of the contract.
The consumer must immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.
In case of non-payment by the consumer, and subject to legal limitations, the entrepreneur has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within seven days after the consumer has identified the defects.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless stated otherwise in writing by the entrepreneur.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced and reinforced from 2024 under the “Act amending the 1968 Turnover Tax Act (law implementing the Payment Services Directive)” and thus the implementation of the Central Electronic System of Payment information (CESOP), payment service providers may record data in the European CESOP system.

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