Terms & conditions

GENERAL CONDITIONS OF SALE

This page (and all documents referred to herein) outlines the terms and conditions under which we supply any of the products ("Products") listed on our website, www.elbaconcept.com ("our Site" or "Website"). Please read these terms and conditions ("Terms and Conditions") carefully before ordering any Products from our Site. By ordering any of the Products, you agree to be bound by these Terms and Conditions of Sale.

We recommend that you print a copy of these Terms and Conditions for your reference.

To proceed with your purchase, please click the “I accept” button at the end of the purchase form to confirm your acceptance. Note that if you do not accept these Terms and Conditions, you will not be able to order any Products from our Site. Once accepted, the following Terms and Conditions will apply, and you will be referred to as "Customer," "Client," or "you."

1. Information About Us

1.1 ELBA is a site operated by ELEPHANT BAG COMPANY LIMITED whose registered office is FLAT/RM 1707, 17/F, Yip Fung Building,No.7 Sheung Hei Street, San Po Kong, Kowloon, Hong Kong, company registration number 67614402-000-04-18-6 (“we”, “us” or “ELBA”) and by SAS ELEPHANT BAG COMPANY EUROPE whose registered office is 8 avenue Bertie Albrecht – 75008 PARIS – France, registration number 878 319 094 RCS Paris.

2. Availability of the Service

2.1 Our Site is intended for use only by residents of the European Union ("Territory") or those purchasing Products for delivery to or within the Territory ("Customers" or "Clients"). We do not accept orders for delivery to countries outside the Territory.

3. Your Status

3.1 By placing an order on our Site, you confirm that:

• You are legally capable of entering into binding contracts.

• You are at least 18 years of age.

• You are purchasing the Products for personal, non-commercial use.

• You are purchasing Products for delivery within the Territory.

3.2 Any personal data collected from you will be processed in accordance with our Privacy Policy.

4. Performance of the Contract

4.1 The price and essential characteristics of each Product (including corresponding Product codes) are displayed on our Site. The information on our Site does not represent an offer from ELBA.

4.2 Before placing an order via our site, please read the purchase instructions, these Terms and Conditions, and other relevant details, such as the right of withdrawal, delivery costs, and the Privacy Policy.

4.3 To place an order, you must register as a guest or regular user on our Site.

4.4 To purchase a Product, the Customer must:

1. Add the chosen Product to the "Shopping Cart."

2. Complete the order form.

3. Select a payment method.

4. Accept the Terms and Conditions and Privacy Policy.

5. Submit the order proposal to ELBA.

After the conclusion of the purchase procedure described above, the Client will receive a transactional email message proving the purchase of the Products (“Order Confirmation”). In the event of return of the Products under the terms of clauses 9, 10 and 11 below, the Customer shall be required to provide ELBA Concept with the Order Confirmation number and the e-mail address that he will have used to make the purchase of the Products appearing on the same Order Confirmation in accordance with the procedures described in the aforementioned clauses.

4.5 Sending an order constitutes an offer to purchase the selected Product, governed by the terms of these General Sales Conditions and binding on the Client (without prejudice to the right of withdrawal under Article 9). When a Customer submits an order proposal, they are obliged to pay the price of the Product(s) ordered

4.6 Any errors or modifications in the data entered by the Customer in the order proposal must be corrected and validated by the Customer following the process described on our Site before submitting the order proposal (e.g., the Customer may change the quantity of Products they intend to purchase by adding or deleting one or more Products from their “Shopping Cart”).

4.7 Without prejudice to the use of the data described in the Privacy Policy, the order proposal and the data relating to the Client associated with said order proposal may be retained by ELBA Concept for the period required by applicable legislation. Additionally, contracts executed by the Client will be archived by ELBA Concept for the retention period required by law.

4.8 ELBA Concept may refuse an order even after the Order Confirmation (provided that the Client does not owe any payment to ELBA Concept, except for amounts pursuant to Clause 12, if any) within 30 days at its sole discretion, including in the following cases:

• The Products are unavailable (without prejudice to the provisions under Clauses 4.11, 5.2, and 5.3).

• Suspected or reported fraudulent or illegal activities, including purchases suspected of being made for commercial purposes.

• The Client has failed to fulfill obligations arising from a previous contract executed with ELBA Concept.

4.9 The contract shall only concern the Products whose dispatch or supply has been confirmed by us in the Order Confirmation.

4.10 Without prejudice to the provisions in Clause 4.8, the contract between ELBA Concept and the Client is executed upon receipt by the Client of ELBA Concept’s acceptance of the order proposal, as confirmed via the Order Confirmation.

4.11 Notwithstanding the Order Confirmation, if one or more Products ordered are unavailable, the Client will receive an email notification informing them of the unavailability. In such cases, the order proposal will be canceled or partially accepted for the available Products. In the case of partial acceptance, the Customer will only be charged (or will only need to pay, in the case of payment by credit card) for the available Products.

4.12 The Order Confirmation shall include a summary of the essential characteristics of the Products purchased, detailed pricing and payment terms, information on the conditions and procedures for exercising the right of withdrawal (including details on the exclusion of the right of withdrawal for personalized Products), delivery costs, the address for complaints, information on support services, existing commercial conditions, and a copy of these General Terms and Conditions of Sale.

5. Availability and Product Information

5.1 Information about the Products (including the corresponding Product codes) and their prices are available on our website.

5.2 The Products displayed on our Site represent a selection of items typically available in stores; however, ELBA Concept does not guarantee that these Products are available in physical stores or in stock. The photos of the Products on our Site may not perfectly match their actual appearance. The Client must rely exclusively on the descriptions and characteristics provided on our Site.

5.3 ELBA Concept reserves the right to limit the quantities and/or types of Products available on the website at any time. Styles, models, and colors of Products described on the Site are subject to change without notice. During the purchase process, an automatic notification will inform the Client if an order cannot be processed due to the unavailability of the requested Product. ELBA Concept is not liable to the Client in the event of Product unavailability.

5.4 ELBA Concept shall not be held liable for errors caused by the Client’s failure to maintain a connection to the Website. Additionally, ELBA Concept is not responsible for the following circumstances, regardless of the reason for the damage, the cause, the nature of the damage, or the results:

• Any damage caused by the suspension or termination of our Site's operations.

• Any damage resulting from third-party hacking or modification of the Site’s information.

6. Transport and Delivery

6.1 Your order will be delivered by the delivery date stated in the Order Confirmation or, if no date is specified, within a reasonable time from the date of the Order Confirmation, unless exceptional circumstances arise. Delivery dates are determined by the delivery address, type of Products, and other relevant factors. Products will be delivered to the address provided by the Customer in the order proposal. ELBA Concept will not deliver to:

• Post office boxes.

• Temporary accommodations such as hotels or hostels, public facilities, airports, or harbors.

• Entities or individuals who provide shipping services outside Canada.

• Any other location deemed unsuitable by ELBA Concept.

6.2 For each order, ELBA Concept may, at the Customer's request, email an invoice for the Product price, in compliance with applicable laws and regulations. The invoice will reflect the information provided by the Customer at the time of the order (e.g., tax identification or VAT number). No invoice modifications are allowed after issuance.

6.3 Delivery costs shall be borne by the Customer and will be detailed separately in the Order Confirmation.

6.4 The Product will be delivered by a courier service chosen by ELBA Concept ("Courier") on working days (excluding Saturdays, Sundays, and national holidays) within 30 days of the Order Confirmation (except in cases of force majeure). If delivery is not made within this period, the Client may provide ELBA Concept with an additional 7-day extension (or longer, as legally required) using the form on our Site. If delivery is still not completed within this extended period, the Client may terminate the contract, and ELBA Concept will promptly refund all amounts paid under the contract.

6.5 Upon delivery by the Courier, the Customer (or their representative) must verify:

• That the recipient's name matches the delivery note.

• That the packaging is intact, undamaged, and untampered.

6.6 Any damage to the packaging or discrepancies in the documents must be noted on the Courier's delivery note. If no objection is made upon receipt, the Customer may not contest the external condition of the package, although subsequent claims for Product defects are still permitted under Clause 10.

7. Confirmation of Shipment

7.1 ELBA Concept will send the Customer a dispatch confirmation via SMS or email once the Products have been shipped (hereinafter referred to as the “Dispatch Confirmation”).

8. Risk and Title

8.1 The risk of loss or damage to the Products passes to the Customer when the Customer (or a third party designated by the Customer, other than the carrier) takes physical possession of the Product.

8.2 Ownership of the Product(s) will only transfer to the Customer once we have received full payment of all sums due, including delivery charges.

9. Consumer Rights

9.1 In addition to the rights provided in Clause 10, you may cancel a contract for a Product at any time within fourteen (14) calendar days from the day after you receive the relevant Product(s) (the “Cancellation Period”). If you cancel, you will receive a full refund of the price paid for the Product(s) in accordance with our refund policy (set out in Clause 11 below). To cancel a contract, you must notify us in writing before the end of the Cancellation Period.

9.2 The right of cancellation provided in Clause 9.1 does not apply to:

• Orders for Products sold at a reduced price.

• Personalized Products, such as those engraved with the Customer’s initials, in accordance with Article 59, Paragraph 1(c) of the Consumer Code.

10. Non-Compliance

10.1 If a Product sold by ELBA Concept has manufacturing defects or a presumed lack of conformity, you must contact us via email at contact@elbaconcept.com.

10.2 Legal guarantees established under Articles 129, 130, and 132 of the Consumer Code apply to the sale of Products. Under these articles, you are entitled to:

• Free repair or replacement of the Product within legal limits, or

• An appropriate price reduction or contract cancellation if he above repairs are not carried out (as outlined in Article 130, Paragraph 7, of the Consumer Code)

You will lose these rights if you fail to notify ELBA Concept of the non-compliance within two (2) months of detecting the issue. Any claims for non-compliance not fraudulently concealed by ELBA Concept will expire twenty-six (26) months after delivery. ELBA Concept will cover the costs of returning and delivering repaired or replaced Products under this clause.

11. Refund Policy

11.1 To return a Product, please contact us via email at contact@elbaconcept.com.

11.2 If you cancel a contract under Clause 9 and return a Product under Clause 11.1, we will process your refund as quickly as possible, and in any event, within two (2) months of receiving your cancellation notification. The refund will include the full price of the Product (excluding initial shipping costs) and the cost incurred by you to return the item.

11.3 The refund policy described in Clause 11.2 does not apply to Products listed in Clause 9.2.

11.4 If you return a Product under Clause 11.1 due to a defect (under Clause 10), we will examine the returned Product and notify you of the refund via email within a reasonable timeframe. Refunds for defective Products will include the full price of the Product, initial delivery costs, and return shipping fees. Refunds will be processed within two (2) months from the day you confirm your entitlement to a refund.

11.5 For refunds under Clauses 11.2 and 11.4, Products must be returned immediately in the same condition as when received. No refund will be issued if:

• The Products show signs of use (e.g., creases, damage, odors).

• The Products were purchased in-store.

• The Products no longer bear their original labels.

• Any part, accessory, or packaging is missing.

• The delivery declaration sent with the Products is not returned.

11.6 Refunds will generally be credited to the same payment method used for the purchase (e.g., credit card or PayPal). If this is not possible, ELBA Concept will issue a refund via bank transfer.

12. Price and Payment

12.1 The price of any Product will be identical to the price indicated on our site, except in cases of clear error. Our site endeavors in good faith to display accurate Product information at all times.

12.2 Product prices are displayed on the Website in Euros or in the currency of the Customer’s country of residence and include all applicable taxes and charges. Delivery charges will be added to the Product price and are shown separately in the Shopping Cart.

12.3 Unless otherwise specified, our prices exclude any applicable VAT and delivery charges at the date of purchase, which will be added to the total amount due.

12.4 If you are entitled to a VAT exemption or a lower VAT rate (e.g., diplomats or non-EU Customers), we will only apply a VAT reduction or exemption after receiving all necessary documents, as follows:

• For Diplomatic Tax Exemption:

• A copy of the Customer’s valid identity card.

• A copy of the Order Confirmation and Shipping Confirmation.

• A statement issued by the local government authority certifying diplomatic status.

Send the above documents to the following email: contact@elbaconcept.com

• For Tax Refund for Non-EU Customers:

• A copy of the Order Confirmation and Shipping Confirmation, stamped by customs to certify export of the Products purchased in the European Union.

• A copy of the Customer’s valid identity card showing residency outside the European Union.

Send these documents (within 3 months from the issue of the Order) to: contact@elbaconcept.com 

12.5 Prices are subject to change at any time; however, changes will not apply to orders for which we have already issued an Order Confirmation.

12.6 While we strive to provide accurate pricing, it is possible that an incorrect price may appear for some Products. We will generally check prices as part of our dispatch procedures to ensure that:

• If the correct price for a Product is lower than that stated, we will charge the lower amount when we dispatch the Product.

• If the correct price of a Product is higher than the price shown on our site, we will generally, at our discretion, contact you with instructions before shipping the Product or refuse your order and inform you of such refusal.

12.7 We are not obligated to supply a Product at an incorrect (lower) price if the pricing error is obvious and ambiguous that you could reasonably have recognized it as such, even after an Order Confirmation has been sent.

12.8 Payments for Products and associated delivery charges must be made by credit card, PayPal, or bank transfer. Credit card transactions must comply with any contractual terms set by your credit card provider.

12.9 ELBA accepts payments via Visa, MasterCard, PayPal, and UnionPay.

12.10 Credit card payments will only be processed after:

• The credit card has been verified.

• Authorization to charge the card has been received.

• Product availability has been confirmed by ELBA Concept.

12.11 Any disputes regarding payments (e.g., fees or obligations) must be resolved between the Customer and the relevant third party (e.g., credit card company).

12.12 No debits will be made at the time of transmitting an order proposal, except for temporary charges to verify credit card validity, if applicable. Once the order is executed, temporary charges will be replaced by the correct amount. If the order is canceled, the temporary charges will also be canceled.

12.13 If payment cannot be processed within the specified time, the agreement will not be executed, and the order will be canceled.

13. Written Communications

13.1 Applicable laws require that certain information or communications be in writing. By using our Site, you agree that communications with us may be conducted electronically. For contractual purposes, you agree that electronic communications (emails or notices posted on our Website) fulfill any legal requirement for written communication. This does not affect your statutory rights.

14. Notifications

14.1 All notifications to us must be sent to: contact@elbaconcept.com 

14.2 Notifications to you will be sent via email or postal address provided during order placement, or through methods outlined in Clause 13. ELBA Concept will respond as promptly as possible. Proof of notification delivery will be established by demonstrating that:

• A letter was properly addressed, stamped, and mailed.

• An electronic message was sent to the intended recipient's email address.

15. Transfer of Rights and Obligations

15.1 The contract between you and us binds both parties, as well as their successors and rights holders.

15.2 You may not transfer, assign, charge, or dispose of your rights or obligations under the contract without our prior written consent.

15.3 We may transfer, assign, or subcontract our rights or obligations under the contract at any time.

16. Events Beyond Our Control (Force Majeure)

16.1 We are not liable for delays or failures to perform due to events beyond our control.

16.2 Force Majeure Events include, but are not limited to:

• Strikes or industrial action.

• Civil unrest, war, or acts of terrorism.

• Natural disasters (e.g., storms, floods, earthquakes).

• Transportation or telecommunications network failures.

• Government actions or restrictions.

16.3 Performance under the contract will be suspended during the Force Majeure Event. We will make reasonable efforts to resume performance as soon as possible.

17. Waiver

17.1 If we fail at any time during the term of a Contract to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of our rights or remedies available to us under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you of your obligation to comply with such obligations.

17.2 A waiver by us of any default will not constitute a waiver of any subsequent or material default.

17.3 No waiver of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and communicated to you in writing in accordance with Clauses 13 and 14.

18. Divisibility

If any of these General Conditions of Sale or any provision of a Contract is deemed by any competent authority to be invalid, illegal, or unenforceable to any extent, such term, condition, or provision shall be severed from the remaining terms, conditions, and provisions, which shall remain valid to the fullest extent permitted by applicable law.

19. Entirety of the Agreement

19.1 These General Conditions of Sale, along with any documents expressly referred to herein, represent the entire agreement between us with respect to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or written.

19.2 Each party acknowledges that, in entering into a Contract, neither has relied on any representation, understanding, or promise made by the other, whether oral or written, during negotiations prior to the Contract, except as expressly set out in these General Conditions of Sale.

19.3 Neither party shall make any claim regarding any untrue statement made by the other, whether oral or written, prior to the date of the Contract (unless such a statement was made fraudulently). The only remedy available shall be for breach of contract as provided in these General Conditions of Sale.

20. Our Right to Amend These General Conditions of Sale

20.1 We reserve the right to revise and amend these General Conditions of Sale from time to time to reflect changes in market conditions affecting our business, changes in technology, payment methods, relevant laws and regulatory requirements, or system capabilities.

20.2 You will be subject to the policies and General Conditions of Sale in force at the time you order Products from us, unless any changes are required by law or governmental authority (in which case they will apply to orders previously placed by you), or if we notify you of changes to these policies or General Conditions of Sale before we send you the Dispatch Confirmation. In such cases, we will treat you as having accepted the changes unless you inform us to the contrary within seven working days of receiving the Products.

21. Copyright and Trademark

21.1 All rights to the content on our site (including text, images, videos, voice, programs, etc.) belong to ELBA Concept. None of the articles, photos, illustrations, or other materials on this site may be used without prior written permission from ELBA Concept.

21.2 All trademarks and service marks used on our site belong to ELBA Concept or are used under official licensing rights. Unauthorized use is strictly prohibited.

22. Links

22.1 When creating a link to our site, we reserve the right to refuse the link depending on the content of the website where it is placed and the method by which the link is created. Furthermore, ELBA Concept does not guarantee the content of linked websites and assumes no responsibility for any damage caused by such websites.

23. Law and Jurisdiction

23.1 These General Conditions of Sale, as well as the contracts executed with Customers, are governed by and shall be interpreted in accordance with the laws of France.

23.2 Any disputes arising from the interpretation, validity, or execution of these General Conditions of Sale shall fall under the compulsory territorial jurisdiction of the competent court in the Customer’s place of residence or domicile.