Terms and Conditions

Article 1. General
1.1 “Elante Health BV” in these general terms and conditions of sale means: the webshop of Elante Health BV.
1.2 These conditions form part of all offers and agreements with Elante Health BV unless expressly agreed otherwise in writing.
1.3 Unless agreed otherwise in writing, Elante Health BV does not recognize the general or specific terms or conditions of third parties.
1.4 In the event that the Terms and an Agreement contain contradictory clauses, the Agreement shall prevail.
1.5 If any part of the Terms is null and void or annulled, the remaining provisions of the Terms shall remain fully in force, and the parties shall be bound to endeavor, in good consultation, to establish a substitute provision that is valid and approximates the original intentions of the parties as closely as possible.

Article 2. Offers and formation of agreements
2.1 All offers are without obligation, unless expressly stated otherwise by Elante Health BV.
2.2 Agreements for the delivery of goods and/or services bind Elante Health BV only after written confirmation. Actual performance by Elante Health BV or an order confirmation email and/or invoice sent by Elante Health BV is equivalent to written confirmation of the offer.
2.3 If the correctness of the content of this written confirmation is not disputed in writing within 14 days, both Elante Health BV and the buyer are bound to it.
2.4 Offers from Elante Health BV do not automatically apply to repeat orders.
2.5 Elante Health BV cannot be held to its offer if the buyer should have understood that the offer, or part thereof, contained an obvious mistake or error.
2.6 Supplements, changes, and/or further agreements are only valid if agreed upon in writing.

Article 3. Prices / Price increases
3.1 All prices are expressed in Euros, including VAT, unless stated otherwise. These prices apply to shipments within the Netherlands. For shipments abroad, any import duties and local taxes are the responsibility of the buyer.
3.2 Elante Health BV guarantees that price increases after the conclusion of the order will not take place, unless the price increase results from legal regulations and/or provisions.
3.3 For orders under €30 including VAT, a contribution to shipping and administrative costs of €2.95 will be charged.
3.4 For orders over €30 including VAT, no shipping and administrative costs will be charged.

Article 4. Delivery
4.1 If goods are available from stock, they will be handed over to the carrier within 1 business day after ordering (around public holidays this period may be longer). Delivery takes place at the address known to Elante Health BV (no P.O. box), of a non-temporary nature, and handed to the natural person present at the delivery address.
4.2 If the buyer refuses acceptance or is negligent in providing information or instructions necessary for delivery, the items will be stored for up to 60 days at the expense and risk of the buyer.
4.3 Elante Health BV’s delivery obligation is deemed fulfilled, subject to evidence to the contrary, as soon as the goods delivered have been offered once to the buyer (regardless of whether the buyer was present). In case of home delivery, the carrier’s report of refusal constitutes full proof of the delivery attempt, subject to evidence to the contrary.
4.4 In the event of refusal of the delivered goods, return freight and storage costs, as well as the risk of damage or loss of the refused goods, are entirely borne by the buyer, unless the buyer rightfully invokes dissolution of the purchase or replacement of the goods.

Article 5. Delivery time
5.1 A delivery time provided by Elante Health BV is never to be considered a strict deadline. The delivery time commences only after all necessary information is in the possession of Elante Health BV, after which Elante Health BV will attempt to hand over the goods to the carrier within 1 business day.
5.2 In the context of distance selling regulations, Elante Health BV (contractor) will execute orders with due speed, but at least within 30 days. If this is not possible (e.g., the ordered product is not in stock or no longer available), or there is another delay, or an order can only be partially fulfilled, the consumer (client) will be notified within 30 days after placing the order and has the right to cancel the order without cost and without default notice.

Article 6. Dissolution
6.1 Without prejudice to Elante Health BV’s statutory rights, Elante Health BV is entitled, by means of a written declaration to the buyer, to suspend or dissolve the agreement in whole or in part with the right to claim damages from the buyer. This applies if, after conclusion of the agreement, circumstances become known to Elante Health BV that give good reason to fear the buyer will not fulfill obligations, or if the buyer fails to provide security requested upon conclusion of the agreement, or in the case of bankruptcy, suspension of payment, liquidation, transfer of business, or seizure of part of assets.
6.2 If circumstances occur concerning persons and/or materials used by Elante Health BV that make performance of the agreement impossible or unreasonably difficult and/or costly, Elante Health BV may dissolve the agreement in writing.
6.3 The buyer has the right, in the case of consumer purchases under article 7:5 BW, to dissolve the agreement within 14 days without giving reasons, unless expressly agreed otherwise. This period begins at delivery. If the buyer does not return the goods to Elante Health BV within 14 days after dissolution, the purchase is final. The buyer must notify Elante Health BV of the return within 14 days after delivery. Proof of timely return (within 14 days) rests with the buyer. Return is at the buyer’s expense and risk, in original packaging (including accessories and documentation) and in new condition. If goods are used, encumbered, or damaged, the right of dissolution lapses. Subject to the foregoing, Elante Health BV will confirm dissolution after receipt and inspection of returned goods and ensure repayment within 14 days.

Article 7. Force majeure
7.1 Force majeure means, in addition to legal and case law definitions, all circumstances beyond Elante Health BV’s control which hinder or make delivery impossible, including but not limited to strikes, internet failures, power outages, email disruptions, or changes in technology provided by third parties.
7.2 Force majeure may be invoked even if it occurs after Elante Health BV should have fulfilled its obligation.
7.3 If force majeure continues for more than 2 weeks, both parties may dissolve the agreement without liability for damages.
7.4 If Elante Health BV has partially fulfilled its obligations at the time of force majeure, it may separately invoice the delivered or deliverable part, which the buyer must pay as if it were a separate contract. This does not apply if the delivered or deliverable part has no independent value.

Article 8. Warranty
8.1 Elante Health BV offers no broader warranty on delivered goods than that provided by the manufacturer, without affecting consumer rights under mandatory law.
8.2 The buyer must inspect delivered goods immediately upon receipt. Incorrect, defective, or incomplete deliveries must be reported in writing before return. Such defects must be reported within 14 days of delivery; defects discovered later during use may be reported up to 60 days. Returns must be in original packaging (including accessories and documentation) and in new condition. Use, encumbrance, damage, or resale after defect discovery voids the right to complain or return.
8.3 If complaints are justified, Elante Health BV may replace goods free of charge or agree on written compensation. Liability is limited to the invoice amount of the goods or the maximum covered by liability insurance. Elante Health BV is not liable for indirect, consequential, or loss-of-profit damages.
8.4 This warranty does not apply if: A) the buyer is in default with Elante Health BV; B) the buyer repairs/edits goods themselves or via third parties; C) goods are treated carelessly or contrary to Elante Health BV’s instructions or packaging instructions; D) defects arise due to government regulations regarding materials.
8.5 Elante Health BV is not liable for damages caused by intent or deliberate recklessness of non-management staff.
8.6 Complaints/questions may be sent to Elante Health BV, Weegschaalweg 3, 1521 5632 CW Eindhoven or [info@clubelante.nl](mailto:info@clubelante.nl). Complaints are generally handled within 30 days; otherwise, the buyer is informed of the delay.

Article 9. Payment
9.1 Payment must be made via direct online payment. Payment in installments is not possible.
9.2 In case of bankruptcy or suspension of payment of the buyer, Elante Health BV’s claims are immediately due.
9.3 If Elante Health BV must hand over its claim for collection, the buyer owes 15% of the outstanding amount in extrajudicial costs, with a minimum of €250.
9.4 If Elante Health BV can demonstrate higher reasonable costs, these are also payable.
9.5 Credit card payment: You place an order. At checkout, you can choose between VISA and Mastercard. Once your payment is verified, we are informed, and the purchase amount is directly debited.

Article 10. Retention of title
10.1 Ownership of all goods sold and delivered by Elante Health BV remains with Elante Health BV until the buyer has fulfilled all obligations under the agreement, including penalties, interest, and costs.
10.2 Goods under retention of title may only be resold in the normal course of business and never used as payment.
10.3 The buyer is not permitted to pledge or encumber goods under retention of title.
10.4 The buyer grants unconditional permission to Elante Health BV or its appointed third party to enter all places where its property is located and reclaim goods.
10.5 If third parties seize goods under retention of title, the buyer must inform Elante Health BV immediately.
10.6 The buyer must insure and keep insured goods under retention of title against fire, explosion, water damage, and theft and show the insurance policy upon request.

Article 11. Privacy
11.1 Elante Health BV respects the privacy of visitors to its website and is the sole owner of information obtained, unless stated otherwise. This information is not sold, shared, or rented to third parties except as stated in the privacy policy.
11.2 Personally identifiable information provided voluntarily by visitors may be used within Elante Health BV (and subsidiaries/brands) to make website visits easier and more enjoyable. It may also be used for analysis and product portfolio information. The buyer expressly consents to this. Elante Health BV may disclose information in special cases if necessary to identify, contact, or initiate proceedings against anyone harming Elante Health BV, users, or others. Elante Health BV may also disclose information if legally required.
11.3 Elante Health BV collects non-personal information about visitors to determine overall visitor numbers, browser type, and operating system. Personal data may be deleted upon request, provided this does not require disproportionate effort or cost.

Article 12. Intellectual property rights
12.1 Unless expressly agreed otherwise in writing, all copyrights and other intellectual and industrial property rights regarding goods or services supplied by Elante Health BV, including trademarks, design rights, patents, database rights, etc., remain exclusively with Elante Health BV and/or its suppliers.
12.2 The content of this site, such as text, images, logos, icons, graphics, audio clips, digital downloads, data compilations, and software, is the property of Elante Health BV or its content suppliers and is protected by international copyright laws.

Article 13. Applicable law
All offers and agreements of Elante Health BV are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.