Terms of Service - Elmenti

Last updated: May 2026

These Terms of Service apply to the use of the website www.elmenti.com and to all offers, orders, agreements, and deliveries made by:

Elmenti

Sexbierumerweg 1

8802 PK Franeker

info@elmenti.com

Kvk - 93585195

If you have any questions about these Terms of Service, please contact using the details above, or through the Contact Page.

1. Scope

1. These Terms of Service apply to every offer made by Elmenti and to every distance contract concluded between Elmenti and a customer through the website.

2. By placing an order through the website, the customer agrees to these Terms of Service.

3. If any provision of these Terms of Service is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

4. Where a customer purchases as a business, the mandatory consumer protections described in these Terms of Service may not apply.

2. Definitions

In these Terms of Service:

Elmenti means the seller identified above.

Customer means any natural person or legal entity entering into an agreement with Elmenti.

Consumer means a natural person acting for purposes outside their trade, business, craft, or profession.

Business Customer means a customer acting in the course of trade, business, craft, or profession.

Products means all furniture, modules, accessories, textiles, and related items offered by Elmenti.

Customised Product means any product made to the customer’s specifications or clearly personalised, including made-to-order products where size, fabric, finish, composition, or other customer-selected features determine production.

3. Identity and information

Elmenti will provide clear information on its identity, contact details, prices, payment methods, delivery, guarantee, and complaint handling before the customer places an order.

4. Offers and product information

1. All offers on the website are subject to availability.

2. Elmenti makes every effort to display products, materials, colours, dimensions, and finishes as accurately as possible. Minor deviations may occur, including variations caused by screens, photography, natural materials, fabric batches, hand-finishing, or manufacturing tolerances.

3. Product descriptions, dimensions, and specifications are provided as accurately as possible. Obvious mistakes, errors, or pricing errors are not binding on Elmenti.

4. An offer does not oblige Elmenti to accept an order.

5. Formation of the agreement

1. The agreement is concluded when the customer places an order and Elmenti confirms acceptance by email, or otherwise begins performance of the order.

2. Elmenti reserves the right to refuse or cancel an order before acceptance, for example in the event of incorrect pricing, unavailability, incomplete customer information, suspected fraud, or technical errors.

3. Elmenti will confirm the order on a durable medium, such as email, including the main characteristics of the product, the total price, applicable delivery costs, and these Terms of Service where required.

6. Prices

1. All prices shown to consumers on the website include VAT unless clearly stated otherwise.

2. Delivery charges, installation charges, or other additional costs will be shown before the customer completes the order.

3. Elmenti may change prices on the website at any time, but price changes do not affect orders already accepted.

4. If a pricing error is obvious and unmistakable, Elmenti is not obliged to supply the product at the incorrect price.

7. Payment

1. Payment may be made using the payment methods offered on the website.

2. Unless otherwise agreed, payment must be made in full at the time of order.

3. For certain products, project orders, or business orders, Elmenti may offer payment by instalment, deposit, or invoice. Any such arrangement must be agreed in writing.

4. If the customer fails to meet a payment obligation, Elmenti may suspend performance until payment has been received.

8. Made-to-order and customised products

1. Many Elmenti products are made to order or customised.

2. Where a product is made to the customer’s specifications or clearly personalised, Elmenti will indicate this before checkout.

3. For such customised products, the consumer’s statutory right of withdrawal may not apply, in accordance with applicable consumer law.

4. Once production of a customised product has started, changes or cancellations may only be possible at Elmenti’s discretion and may be subject to charges.

9. Delivery and lead times

1. Elmenti will use reasonable efforts to deliver within the indicated lead time.

2. Delivery times are estimates unless explicitly agreed otherwise in writing.

3. Delays do not automatically entitle the customer to compensation or termination, unless mandatory law provides otherwise or Elmenti expressly agrees otherwise.

4. The customer must ensure that the delivery address is accurate and that the products can reasonably be delivered to the intended space, including access through doors, hallways, stairs, lifts, and any site-specific conditions.

5. Additional costs caused by failed delivery, inaccessible premises, storage, redelivery, or special handling may be charged to the customer where permitted by law.

6. Risk of loss or damage passes to the consumer upon delivery, unless the carrier was independently chosen by the consumer and that choice was not offered by Elmenti.

10. Inspection on delivery

1. The customer must inspect the products upon delivery as soon as reasonably possible.

2. Visible transport damage, missing items, or obvious defects should be reported to Elmenti without undue delay, preferably within 48 hours of delivery, including clear photographs.

3. Failure to report visible issues promptly does not remove any mandatory legal rights of consumers, but may affect Elmenti’s ability to recover from carriers or third parties.

11. Right of withdrawal for consumers

1. Where the customer is a consumer and the product is not excluded by law, the consumer has the right to withdraw from the distance contract within 14 days without giving any reason.

2. To exercise the right of withdrawal, the consumer must notify Elmenti by an unequivocal statement within the withdrawal period, for example by email.

3. The consumer must return the products without undue delay and no later than 14 days after notifying Elmenti of the withdrawal, unless Elmenti offers to collect them.

4. Unless Elmenti has agreed otherwise, the direct cost of returning the goods is borne by the consumer, provided Elmenti informed the consumer of this in advance.

5. The consumer is only liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the products.

6. Elmenti will reimburse the consumer within 14 days after receiving the withdrawal notice, but may withhold reimbursement until it has received the returned goods or proof of return, whichever occurs first, unless the law requires otherwise.

12. Exclusions from the right of withdrawal

The right of withdrawal does not apply where excluded by law, including in particular:

1. products made to the consumer’s specifications;

2. clearly personalised products;

3. sealed goods not suitable for return for health or hygiene reasons once unsealed, where applicable;

4. any other category excluded under applicable consumer law.

13. Conformity and legal guarantee

1. Consumers are entitled to products that conform to the agreement.

2. Consumers buying from Elmenti benefit from the applicable legal guarantee for goods that are faulty or not as described.

3. This legal guarantee applies in addition to any commercial warranty offered by Elmenti.

4. Normal wear and tear, improper use, improper maintenance, misuse, accidents, unauthorised repairs, exposure to unsuitable conditions, or use contrary to product instructions are not covered.

5. Minor differences in colour, texture, weave, softness, grain, or natural material appearance are not in themselves defects where such variations are inherent to the materials used.

14. Complaints and defect reporting

1. Complaints regarding defects, non-conformity, or delivery issues should be submitted to [EMAIL ADDRESS] with the order number, description of the issue, and supporting photographs where possible.

2. Elmenti will respond within a reasonable period and will make reasonable efforts to resolve complaints in accordance with applicable law.

3. Consumers should notify Elmenti of non-conformity within a reasonable time after discovering it.

15. Use, care, and maintenance

1. The customer must follow all care and maintenance instructions supplied by Elmenti.

2. Elmenti is not liable for damage caused by improper use, inadequate maintenance, unsuitable cleaning products, excessive weight, commercial misuse outside intended use, or exposure to weather or conditions not suitable for the relevant product.

3. If a product is indicated as suitable for indoor and outdoor use, the customer must still comply with the care instructions and any storage, covering, or maintenance requirements provided by Elmenti.

16. Intellectual property

1. All intellectual property rights relating to the website, product photography, texts, renders, designs, logos, branding, drawings, and other materials are owned by Elmenti or its licensors.

2. Nothing in these Terms of Service transfers any intellectual property rights to the customer.

3. The customer may not copy, reproduce, publish, distribute, modify, or commercially exploit any material from the website without prior written consent from Elmenti.

17. Limitation of liability

1. Nothing in these Terms of Service excludes or limits liability where such exclusion or limitation is not permitted by law.

2. To the extent permitted by law, Elmenti is not liable for indirect or consequential damage, including loss of profit, loss of business, loss of goodwill, or loss resulting from delay.

3. To the extent permitted by law, Elmenti’s total liability in connection with any order is limited to the amount paid by the customer for the relevant product.

4. This limitation does not apply in the event of wilful misconduct, gross negligence, death, personal injury, or any other liability that cannot be excluded under applicable law.

18. Force majeure

1. Elmenti is not liable for failure or delay in performance caused by events beyond its reasonable control, including supplier failures, transport disruptions, labour disputes, shortages of materials, fire, flood, war, governmental measures, internet failures, or other force majeure events.

2. In such cases, Elmenti may suspend performance for the duration of the force majeure situation.

3. If the force majeure situation continues for an unreasonable period, either party may terminate the agreement to the extent permitted by law.

19. Business customers

1. If the customer is a Business Customer, the statutory right of withdrawal does not apply unless Elmenti expressly agrees otherwise.

2. Any delivery dates for Business Customers are estimates unless expressly agreed in writing.

3. For Business Customers, all claims relating to defects must be reported promptly and, in any event, within 7 days after delivery for visible defects, and within 7 days after discovery for hidden defects.

4. To the extent permitted by law, Business Customers accept that remedies may be limited to repair, replacement, or credit at Elmenti’s option.

20. Privacy

Elmenti processes personal data in accordance with its Privacy Policy. The Privacy Policy explains how personal data is collected, used, and stored.

21. Amendments

1. Elmenti may amend these Terms of Service from time to time.

2. The version applicable to the customer’s order is the version available on the website at the time of the order, unless mandatory law requires otherwise.

22. Governing law and disputes

1. These Terms of Service and all agreements between Elmenti and the customer are governed by the laws of the Netherlands.

2. If the customer is a consumer residing in the EU, the consumer also retains the protection of mandatory provisions of the law of the country in which the consumer resides.

3. Any disputes shall be submitted to the competent court in the Netherlands, unless mandatory consumer law provides otherwise.

Model withdrawal notice

If you want, you can use the following text to withdraw from the agreement:

To: https://elmenti.com/contact

Or: info@elmenti.com

I hereby give notice that I withdraw from my contract of sale of the following goods:

Order number:

Ordered on:

Received on:

Name of consumer:

Address of consumer:

Signature of consumer (only if submitted on paper):

Date: