Terms and Conditions

Terms and Conditions

The terms and conditions below apply to all contracts and agreements Ellie Cashman Design enters into with her Customers. We did our best to draft our terms and conditions as clear and understandable as possible. Should there be anything unclear to you, please don’t hesitate to contact us.

Index

  1. Definitions
  2. Applicability
  3. About us
  4. Our offer
  5. The agreement
  6. Right of withdrawal
  7. Your duties during the withdrawal period
  8. Withdrawal and the cost of withdrawal
  9. Exclusion of the right of withdrawal
  10. Price and payment
  11. Delivery and performance
  12. Complaints
  13. Intellectual property rights
  14. Applicable law and disputes
  15. Miscellaneous

1. Definitions

To make these terms and conditions easier to read, we have included a list of definitions below. In these terms and conditions we mean the following with:

Customer: the person or company that whishes to receive an Offer from, or enter into an agreement with Ellie Cashman Design
Offer: a quotation issued by Ellie Cashman Design in which it provides a description of a specific product or a description of specific activities and the price or indication of the price of the specific product or the specific activities in the performance of an Agreement.
Agreement: with an Agreement we mean a distance agreement by which the Customer accepts the Offer made by Ellie Cashman Design and which is concluded by using one or more techniques of distant communication.
Right of withdrawal: the right that a Customer has to withdraw the Agreement within the withdrawal period;
Withdrawal period: the period in which a Customer can use its right of withdrawal;
Day: calendar day;
Website: our website https://www.elliecashmandesign.com/

2. Applicability

These Terms and Conditions shall apply to each Offer made and each Agreement concluded between Ellie Cashman Design and a Customer.

3. About us

3.1. Ellie Cashman design is located at the Veemarktkade 8, 5222 AE in ’s-Hertogenbosch, the Netherlands and is registered at the Chamber of Commerce with number 34283378 and with VAT-number NL.264848263.B01

3.2. The Customer can reach us by email on info@elliecashmandesign.com and by telephone on weekdays (Monday-Friday) between 09:00 AM to 05:00 PM (CET Amsterdam) on our Dutch telephone number +31 (0) 85 489 7020 or our US telephone number +1 (0) 401 335 0683.

4. Our offer

4.1. On our Website we offer products, such as wallpaper, cushions, scarves and fabric by the meter. It may be possible that we will extend our Offer with other fashion and interior products in the future. We define everything that we offer on our Website collectively as the Offer.

4.2. The Offer always contains a clear description of the product. We do our utmost to draft these descriptions with care, so that our Customers can make a detailed assessment of the Offer. When we display an image of our Offer on the Website, the Customer can trust that this is a reliable representation of the Offer.

4.3. Apparent mistakes or errors in the Offer do not bind Ellie Cashman Design.

5. The agreement

5.1. The Agreement is concluded when the Customer accepts the Offer by placing an order with Ellie Cashman Design and the payment is made and received.

5.2. To place an order, Customers will need to leave some personal data. We handle this personal data with care and we have taken appropriate security measures, so that Customers can provide their data to us safely. For more information, we kindly refer the Customer to our Privacy and Cookie Statement.

5.3. After placing an order Customers will receive a confirmation email. 

6. Right of withdrawal

6.1. Customers have the right of withdrawal during the withdrawal period of 14 Days. Customers are not obliged to give an explanation for withdrawal, but of course it is very helpful for us to understand why the Customer wants to return a product. We therefore may ask the Customer for the reason for return. However, he or she is not obliged to give an explanation.

6.2. The aforementioned period of withdrawal commences on the day after the Customer, or the person that has been designated in advance by the Customer (not being the shipping-agent), receives the product.

7. Your duties during the withdrawal period

7.1. Customers are obliged to carefully handle the product and the packaging during the withdrawal period. We trust that the Customer will use and inspect the product the way that he or she would do in a (offline) store.

7.2. Customers are liable for the decrease in value of damaged products when the damage is a result of careless handling by the Customer.

8. Withdrawal en the cost of withdrawal

8.1. If a Customer whishes to use its right of withdrawal, we need to be notified through the contact form on our Website within the 14 day period for withdrawal. We will review the situation and respond as quickly as possible.

8.2. The Customer will return the product as soon as possible, but no later than 14 days after receiving instructions for the return of the product.

8.3. We will reimburse all payments as quickly as possible, but no later than 14 days after the Customer has returned the product.

8.4. We use the same payment method for reimbursement as the Customer used for the purchase of the product, unless the Customer agrees to another method of payment. The reimbursement is free of charge for the Customer.

8.5. The Customer will return the product together with all received accessories, if possible in original condition and original packaging and in compliance with the reasonable and clear instructions provided by us.

8.6. The risk and the burden of proof for the correct and timely performance of the right of withdrawal rest at all times with the Customer. 

8.7. As a Customer, you bear the cost for returning the product.

8.8. When a Customer receives a damaged product, he or she can contact us via the contact form on our Website. After we have received Customers message, we will review the situation and contact the Customer as soon as possible to make arrangements about the return of the damaged product. As soon as we have received the damaged product, we will send a replacement.

8.9. We bear the return costs of a damaged product.

9. Exclusion of the right of withdrawal

9.1.   If the product is made entirely on basis of the requests and specifications of the Customer, and can therefore be regarded as custom made, it cannot be returned.

9.2.   Should a Customer be unhappy about a custom made product, we may try to find a solution that works for both the Customer and Ellie Cashman Design.

10. Price and payment

10.1. All prices for our products are listed on our Website and excluded VAT. (VAT is included at checkout if applicable.)

10.2. We try and ensure that all details, descriptions and prices, which appear on our Website, are accurate. Nonetheless, errors may occur. If we discover an error in the price of any product that the Customer has ordered we will inform him or her of this as soon as possible and give the Customer the option of reconfirming the order at the correct price or cancelling it. If the Customer cancels the order and payment has already been made, the Customer will receive a full refund.

10.3. Costs for delivery of the products are borne by the Customer.  

10.4. Payments can be made by using various payment methods, such as IDEAL, creditcard or Paypal.

10.5. Customers have the obligation to notify inaccuracies in their payment details immediately after discovery.

11.  Delivery and performance

11.1. We are committed to deal carefully with each and every order we receive.

11.2. When a Customer places an order it provides us with an address for delivery. This is the address that we will send the ordered product to.

11.3. We will process orders as quickly as possible. We will deliver products, such as cushions and scarves that we have in stock, within one week. Products that we do not have in stock or that are custom made will be delivered within two to three weeks.

11.4. We do not guarantee delivery within a set time period. Serious delays or when delivery is impossible, will be communicated as soon as possible. Should that happen, Customers will be given the option to dissolve the Agreement. Payments already made will be reimbursed as soon as possible.

11.5. The risk for damage and/or loss of products rest with Ellie Cashman Design, until the moment of delivery to the Customer, or an announced representative, unless expressly agreed otherwise.

12.  Complaints

12.1. We like happy Customers. Should the Customer have a complaint, please do not hesitate to email us on info@ellicashmandesign.com. We will look into the complaint as soon as possible.

12.2. Complaints concerning the realization of the agreement should be notified promptly after discovery of the shortcomings.

12.3. After filing a complaint, we ask to give us four weeks to resolve the problem.

12.4. If the complaint or dispute remains unresolved, the Customer may be eligible to use the European Commission’s Online Dispute Resolution platform that the Customer can find here: http://ec.europa.eu/odr

13.  Intellectual Property Rights

13.1. All of our designs are original artworks. Ellie Cashman is the creator of these artworks and the registered owner of all intellectual property rights to them. Any commercial use of our products or the artwork that appears on them is permitted only with the approval of the copyright holder. For inquiries, please contact info@elliecashmandesign.com. Please note that any infringement or abuse of copyrights will not be tolerated.

14.  Applicable law and disputes

14.1. These Terms and Conditions are to be construed in accordance with the laws of the Netherlands.

14.2. We will always do our utmost to prevent disputes from arising. In the unfortunate event that a dispute associated with these terms and conditions does arise, the dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts.

15.  Miscellaneous

15.1. If any part of the Terms of Service is unenforceable the enforceability of any other part of the Terms of Service will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, the Customer agrees that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

15.2. Additional and/or different provisions of these terms and conditions may not be in the disadvantage of the Customer and should be submitted in writing.