Terms and Conditions

GENERAL TERMS AND CONDITIONS

Effective date: 26 March 2026

General Terms and Conditions for the entrepreneur conducting sales in the dropshipping model

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off Period: The period within which the consumer can exercise their right of withdrawal.

Consumer: A natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur.

Ongoing Contract: A distance contract concerning a series of products or services, with obligations spread over time.

Right of Withdrawal: The consumer’s option to withdraw from the distance contract within the cooling-off period.

Entrepreneur: The natural or legal person offering products or services remotely to consumers.

Distance Contract: A contract concluded between the entrepreneur and the consumer using remote communication techniques.

Website: The online store operated by the entrepreneur under the trade name Elvena.

CESOP: The Central Electronic System of Payment Information introduced by the European Union to monitor payment service providers.

Article 2 – Identity of the Entrepreneur

Business Name: VM Collective

Legal Form: Sole Proprietorship

Chamber of Commerce (KvK) Number: 867647334

VAT Number: [VAT Number, if applicable]

Customer Service Email: info@elvena.pl

Business Address: Keurenplein 41 BOX C8362, 1069CD Amsterdam, The Netherlands

Website: https://elvena.pl

Article 3 – Applicability

These General Terms and Conditions apply to every offer by the entrepreneur and every concluded distance contract between the entrepreneur and the consumer.

Before the agreement is finalized, these Terms and Conditions are made available electronically or otherwise in an accessible manner.

By using the Website and placing an order, the consumer confirms that they have read, understood and accepted these Terms and Conditions.

The consumer agrees to use the Website and the offered products and services in a manner that complies with the law, these Terms and Conditions and good morals.

If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law. The invalid or unenforceable part will be deemed severed, and the remaining provisions will remain valid and enforceable.

Article 4 – The Offer

Offers are non-binding. The entrepreneur reserves the right to modify offers.

The offer clearly specifies the total costs, including product price, shipping fees, customs duties, and any additional charges collected by the postal or courier service, to the extent these costs are known or can reasonably be calculated in advance.

Product images, colors, sizes and descriptions are displayed as accurately as possible. However, the entrepreneur cannot guarantee that the colors displayed on the consumer’s screen will be fully accurate, as this may depend on screen settings, lighting, photography and product batches.

All product descriptions, product prices, promotions and availability may be changed at any time before an order is confirmed.

The entrepreneur reserves the right to discontinue any product at any time.

Article 5 – The Agreement

The agreement is established once the consumer accepts the offer by placing an order and complying with the specified terms, including payment.

The entrepreneur will confirm acceptance of the order immediately by email.

The entrepreneur reserves the right to refuse or cancel any order. This may include orders with incorrect customer information, suspected fraud, pricing errors, stock issues, payment issues, or orders that appear to be placed by dealers, resellers or distributors.

If an order is cancelled by the entrepreneur after payment has already been made, the consumer will receive a refund.

Article 6 – Right of Withdrawal

Consumers have the right to withdraw from the contract within 14 days of receiving the product without providing a reason.

The Cooling-off Period starts on the day after the consumer, or a third party designated by the consumer other than the carrier, receives the product.

To exercise the Right of Withdrawal, the consumer must contact the entrepreneur at info@elvena.pl within the Cooling-off Period.

The consumer may inspect the product as they would reasonably be allowed to do in a physical store. If the consumer uses the product beyond what is necessary to inspect it, the entrepreneur may deduct any reduction in value from the refund.

Return shipping costs are borne by the consumer when exercising the Right of Withdrawal, provided this was clearly communicated before purchase.

Article 7 – Costs in Case of Withdrawal

The entrepreneur will reimburse payments within 14 days of the withdrawal, provided the product is returned in its original condition or the consumer has provided proof of return shipment, where applicable.

The entrepreneur may withhold the refund until the returned product has been received or until the consumer has provided proof of return shipment, whichever occurs first.

Refunds will be made using the same payment method used by the consumer, unless otherwise agreed.

The original delivery costs will be refunded up to the amount of the least expensive standard delivery method offered by the entrepreneur. Any additional costs resulting from the consumer choosing a more expensive delivery method are not refundable.

Returned products must be unworn, unused, in original condition, and with attached tags where applicable. The consumer may be liable for any reduction in value caused by handling the product beyond what is necessary to inspect it.

Article 8 – Customs, Import Duties, and VAT Liability

8.1

All goods offered and sold through this Website may be shipped under the delivery term Delivered Duty Unpaid (DDU), as defined under the Incoterms 2000. This means that the customer may be responsible for costs and obligations arising from the importation of the goods into the destination country.

8.2

Such obligations include, but are not limited to:

(a) payment of import duties, value-added tax (VAT) or goods and services tax (GST), and other taxes or levies applicable at the point of entry;

(b) customs clearance costs, including any brokerage, inspection, or handling fees imposed by customs authorities, postal carriers, or courier services; and

(c) compliance with local laws, product regulations, restrictions, and required certifications in the country of delivery.

8.3

The seller, referred to as “the entrepreneur”, does not act as the importer of record for any order. Legal title and responsibility for the goods transfer to the customer upon shipment. This does not affect any mandatory consumer rights that cannot be limited or excluded under applicable law.

The entrepreneur is not liable for delays, seizures, refusals, fines or additional charges arising from the customer’s failure to comply with applicable import laws or settle required fees, unless mandatory consumer law provides otherwise.

8.4

The entrepreneur provides the necessary commercial documentation for international shipment, including where required a pro forma or commercial invoice, product description, and declared value.

However, the entrepreneur does not guarantee that the documentation or goods will meet specific regulatory or technical import requirements in the country of destination. The customer is responsible for verifying whether the ordered goods are permitted for import, restricted, or require special permits or licenses.

8.5

The customer agrees to indemnify and hold the entrepreneur harmless from financial consequences, claims, penalties, or charges imposed by customs authorities or third parties as a result of the customer’s non-compliance with applicable import regulations, to the extent permitted by applicable law.

8.6

It is strongly advised that customers contact their local customs authority or consult relevant import guidelines prior to placing an order, to avoid unexpected charges, delays, or refusals at the border.

8.7

Some products may be shipped from an international logistics warehouse or directly from a supplier located outside the European Union. The entrepreneur does not control customs authorities, postal carriers, or courier services and is not responsible for delays caused by customs checks, inspections, or import procedures, unless mandatory consumer law provides otherwise.

8.8

If the customer refuses to pay applicable import costs or refuses to cooperate with customs clearance, this may lead to delays, return of the shipment, or additional costs. In such cases, the entrepreneur may deduct reasonable costs from any refund, to the extent permitted by applicable law.

Article 9 – CESOP Compliance

From 2024, payment service providers will register transaction data in the CESOP system, the Central Electronic System of Payment Information, as per EU regulations.

The entrepreneur complies with applicable regulations, which may impact the monitoring and reporting of payments.

The entrepreneur cooperates with applicable legal and payment reporting obligations where required. This may affect the processing, monitoring, or reporting of certain payments by payment service providers.

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products meet the agreement and applicable legal requirements.

The consumer’s statutory rights regarding defective or non-conforming products remain fully applicable.

If a product is defective, damaged, incomplete, or different from what was ordered, the consumer should contact the entrepreneur at info@elvena.pl with the order number and, where possible, photos showing the issue.

Complaints about defects should be reported in writing within a reasonable time after discovery. Failure to report within a short period does not automatically remove the consumer’s statutory rights.

Products should be returned in their original packaging and condition where reasonably possible.

If the complaint is accepted, the entrepreneur may offer repair, replacement, refund, discount, or another appropriate solution in accordance with applicable consumer law.

Article 11 – Delivery

Orders are delivered to the address provided by the consumer during checkout.

The consumer is responsible for providing complete and accurate delivery details, including full name, street, house number, apartment number, postal code, city, country, email address and phone number where required.

Orders are delivered within 30 days unless otherwise agreed.

In case of delays, the entrepreneur will inform the consumer within 14 days of the order date or as soon as reasonably possible.

Orders are shipped under terms that make the customer the recipient and responsible party for any import-related processes, unless mandatory consumer law provides otherwise.

The entrepreneur ensures that products are dispatched in compliance with international shipping regulations but bears no responsibility for delays or issues arising during customs clearance, unless mandatory consumer law provides otherwise.

Any failure by the customer to comply with import obligations does not constitute grounds for cancellation or refund of the order, unless mandatory consumer law provides otherwise.

If the shipment is marked as delivered by the courier to the address provided by the customer, the order will generally be considered delivered.

If the customer disputes delivery, the entrepreneur may request additional information and may open an investigation with the courier.

The entrepreneur is not responsible for failed or delayed delivery caused by incorrect or incomplete delivery information provided by the customer, unless mandatory consumer law provides otherwise.

Article 12 – Complaint Resolution

Complaints must be submitted in writing to info@elvena.pl.

The customer should include the order number, a clear description of the complaint, and where relevant, photos or other evidence.

Complaints should be submitted within a reasonable time after discovering the issue.

The entrepreneur will respond to complaints within 14 days. If a longer resolution time is required, the entrepreneur will provide an estimated timeline.

Article 13 – Returns

To start the return process, the consumer must contact the entrepreneur at info@elvena.pl and provide the order number.

After receiving the return request, the entrepreneur will send detailed return instructions and the applicable return address.

Products should not be returned without prior contact and without receiving return instructions. Returns sent without prior notice may be delayed or may not be accepted if they cannot be identified.

For standard returns based on a change of mind, the consumer bears the direct cost of returning the product, provided this was clearly communicated before purchase.

The return address may be an international logistics warehouse, which may be located outside the European Union, including Asia. Return costs may therefore be higher than domestic shipping costs and may vary depending on the carrier chosen by the consumer.

If the product is defective, damaged, incomplete, or different from what was ordered, the customer will not be responsible for return costs, unless mandatory consumer law provides otherwise.

Article 14 – Exclusion of the Right of Withdrawal

The Right of Withdrawal may be excluded for products that are clearly personalized, made to the consumer’s specifications, sealed for hygiene reasons and unsealed after delivery, or otherwise excluded under applicable law.

If an exclusion applies, this will be clearly communicated before purchase where required by law.

Article 15 – Products, Images and Availability

Some products may be available exclusively online through the Website and may be available in limited quantities.

The entrepreneur makes every effort to display product colors, images, sizes and descriptions as accurately as possible.

However, the entrepreneur cannot guarantee that the colors displayed on the customer’s screen will be fully accurate, as this may depend on screen settings, lighting, photography and product batches.

Slight differences in color, texture, fit, size or appearance may occur and do not automatically mean that the product is defective.

All product descriptions, prices and availability may be changed at any time before an order is confirmed.

The entrepreneur reserves the right to limit the sale of products or services to any person, geographic region, or jurisdiction, to the extent permitted by law.

The entrepreneur reserves the right to limit quantities of products or services offered.

The entrepreneur reserves the right to discontinue any product at any time.

Article 16 – Accuracy of Customer Information

The customer is responsible for providing complete and accurate order details, including full name, delivery address, postal code, city, country, email address and phone number where required.

The customer agrees to promptly update account and other information, including email address, billing details and delivery information, so that the entrepreneur can complete transactions and contact the customer as needed.

If the customer provides incorrect or incomplete delivery information, the entrepreneur is not responsible for delays, failed delivery or additional costs resulting from such incorrect information, unless mandatory consumer law provides otherwise.

Article 17 – Errors, Inaccuracies and Omissions

Occasionally, information on the Website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery times or availability.

The entrepreneur reserves the right to correct errors, update information or cancel orders if any information on the Website is clearly inaccurate, including after an order has been placed.

If an order is cancelled after payment has already been made, the customer will receive a refund.

The entrepreneur is not obligated to update, correct or clarify information on the Website, except as required by law.

Article 18 – Use of the Website

The customer agrees to use the Website in accordance with the law, these Terms and Conditions and good morals.

It is prohibited to use the Website or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful actions;

(d) to infringe upon or violate intellectual property rights;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or malicious code;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl or scrape;

(j) for obscene or immoral purposes; or

(k) to interfere with or circumvent the security features of the Website, related websites, other websites or the Internet.

The entrepreneur reserves the right to restrict or terminate access to the Website if the customer violates these Terms and Conditions.

Article 19 – Third-Party Tools and Links

The Website may contain links to third-party websites, applications, payment providers, tracking services or other external tools.

The entrepreneur may provide the customer with access to third-party tools over which the entrepreneur has no control or input.

The customer acknowledges and agrees that such tools are provided “as is” and “as available”, without warranties, representations or conditions of any kind.

The entrepreneur is not responsible for the content, accuracy, policies, terms, practices, products or services of third-party websites or services.

Use of third-party websites or tools is at the customer’s own risk and subject to the terms and conditions of the relevant third party.

Article 20 – User Comments, Feedback and Other Submissions

If the customer submits creative ideas, suggestions, proposals, plans, reviews, feedback or other materials, whether online, by email, by postal mail or otherwise, the customer agrees that the entrepreneur may use such comments without restriction, to the extent permitted by law.

The entrepreneur is not obligated to keep comments confidential, pay compensation for comments, or respond to comments.

The entrepreneur may monitor, edit or remove content that the entrepreneur determines to be unlawful, offensive, threatening, defamatory, obscene, misleading, infringing or otherwise objectionable.

The customer agrees that their comments will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or property rights.

The customer may not use a false email address, impersonate another person, or mislead the entrepreneur or third parties regarding the origin of comments.

The customer is solely responsible for the comments they make and their accuracy.

Article 21 – Personal Data

The processing of personal data through the Website is governed by the Privacy Policy.

More information about how personal data is collected, used and protected can be found in the Privacy Policy section of the Website.

Article 22 – Optional Tools and New Features

The entrepreneur may offer access to optional tools, services or features through the Website.

Any use by the customer of optional tools provided through the Website is at the customer’s own risk and discretion.

The customer should ensure that they have reviewed and accepted the terms on which such tools are provided by the relevant third-party providers.

In the future, the entrepreneur may offer new services or features through the Website. Such new features or services will also be subject to these Terms and Conditions.

Article 23 – Limitation of Liability

The entrepreneur does not guarantee that the use of the Website or service will be uninterrupted, timely, secure or error-free.

The entrepreneur does not guarantee that the results obtained from the use of the Website or service will be accurate or reliable.

The customer agrees that the entrepreneur may remove the service for indefinite periods or cancel the service at any time without notice.

The Website and all products and services delivered through the Website are provided in accordance with the agreement and applicable law.

The entrepreneur is not liable for indirect damages, loss of profit, loss of revenue, loss of savings, loss of data, replacement costs or consequential damages, unless caused by intent, gross negligence, or where liability cannot be excluded under applicable law.

Nothing in these Terms and Conditions excludes or limits the entrepreneur’s liability or the consumer’s rights where such exclusion or limitation is not permitted under mandatory consumer law.

Article 24 – Indemnification

The customer agrees to indemnify, defend and hold harmless the entrepreneur and any affiliated parties, employees, suppliers, service providers and contractors from claims or demands made by third parties due to or arising out of the customer’s violation of these Terms and Conditions, violation of any law, or infringement of the rights of a third party.

This provision applies only to the extent permitted by applicable law.

Article 25 – Force Majeure

The entrepreneur is not liable for delays or failure to perform obligations caused by circumstances beyond reasonable control.

Such circumstances may include, but are not limited to, customs delays, transport disruptions, strikes, natural disasters, pandemics, supplier delays, technical failures, governmental measures, postal delays, courier delays, or international shipping disruptions.

This does not affect the consumer’s mandatory statutory rights.

Article 26 – Termination

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement where applicable.

These Terms and Conditions are effective unless and until terminated by either the customer or the entrepreneur.

The customer may stop using the Website at any time.

If the entrepreneur determines that the customer has failed to comply with these Terms and Conditions, or suspects such failure, the entrepreneur may terminate access to the Website or services, to the extent permitted by law.

Article 27 – Entire Agreement

These Terms and Conditions and any policies or operating rules posted by the entrepreneur on the Website constitute the entire agreement between the customer and the entrepreneur regarding the use of the Website and the purchase of products.

Failure by the entrepreneur to enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Article 28 – Changes to the Terms and Conditions

The entrepreneur reserves the right to update, change or replace these Terms and Conditions.

The most recent version of the Terms and Conditions will always be available on the Website.

It is the customer’s responsibility to check the Website periodically for changes.

Continued use of the Website after changes are posted constitutes acceptance of those changes.

Changes do not affect orders that have already been confirmed, unless required by law or agreed with the customer.

Article 29 – Governing Law and Disputes

These Terms and Conditions are governed by Dutch law.

If the consumer resides in another EU country, mandatory consumer protection provisions of the consumer’s country of residence may also apply.

Disputes will preferably be resolved amicably.

If necessary, disputes may be submitted to the competent court in the Netherlands, unless mandatory applicable law gives the consumer the right to bring proceedings in another jurisdiction.

Article 30 – Contact Information