Terms and Conditions
General Terms and Conditions
Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer Article 5 - The
agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and Article 9 - Obligations
of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price Article 12
- Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Transactions with duration: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Choice of law
Article 18 - Changes to the General Terms and Conditions
Article 1 - Definitions The following definitions apply in these General Terms and Conditions:
1. Additional Agreement: an agreement whereby the consumer purchases products, digital content and/or services in connection with a distance contract and purchases these goods, digital content and/or services from the entrepreneur or from a third party on the basis of an agreement between this third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act in the context of his trade, business, craft or professional activity;
4th day: calendar day;
5. Digital content: data created and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content for a certain period of time;
7. Durable data carrier: any means - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that enables later consultation or use during a period ending before the purpose for which the information is intended and which allows the stored information to be reproduced unchanged;
8. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services remotely to consumers;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby use is made up to and including the conclusion of the agreement of multiple spacing techniques. communication;
11. Model withdrawal form: the European model withdrawal form, included in Appendix I of these General Terms and Conditions;
12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
Article 2 - Identity of entrepreneur
Name: Wang Maoqin
Address: Jianlan Road, Meixu Street, Yinzhou District
Housenumber: Lane 1177
Zip code : 315100
City: Ningbo
Province: Zhejiang
Country: China
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If, notwithstanding the previous paragraph and before the distance contract is concluded, the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by him. can be read. the consumer. consumer can easily be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and the consumer can always rely on the most relevant applicable provision and conditions in the event of conflicting conditions. advantageous.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer attempts to provide a complete and accurate description of the products, digital content and/or services offered. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that the consumer is aware of the rights and obligations associated with accepting the offer.
Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically receipt of the acceptance of the offer and the validity of these general terms and conditions.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur reserves the right to unilaterally terminate the agreement without giving reasons. In the event of such termination, any payments will be refunded.
Article 6 - Right of withdrawal
Per product:
1. The consumer can terminate an agreement for the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur can ask the consumer for the reason for withdrawal, but cannot oblige him to state reasons.
2. The withdrawal period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product.
2a. The entrepreneur can refuse an order for multiple products with different delivery times, provided he has clearly informed the consumer about this prior to the ordering process.
3. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium during 14 days without giving reasons. The entrepreneur can ask the consumer for the reason for withdrawal, but cannot oblige him to state reasons.
4. The withdrawal period according to paragraph 3 starts on the day after the conclusion of the agreement. Extended withdrawal period for products, services and digital content that is not delivered on a tangible medium in the absence of information about the right of withdrawal:
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and packaging with care . He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and examine the product as he would in a store.
2. The consumer is only liable for the depreciation of the product resulting from treatment of the product that goes beyond that permitted in paragraph 1. 3. Consumers
must be careful with products that are subject to hygiene regulations. The entrepreneur can refuse to return products that are no longer usable for hygienic reasons.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another clear manner.
2. As soon as possible, but within 14 days from the day after the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself.
3. The consumer returns the product with all supplied accessories, if reasonably possible, in the original condition and packaging and in accordance with the reasonable and clear instructions of the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies solely with the consumer.
5. The consumer bears the direct costs of returning the product.
6. If the consumer exercises his right of withdrawal, all partial agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur offers the consumer the opportunity to communicate his withdrawal electronically, he will send a confirmation of receipt after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days after the day on which the consumer notifies him of the withdrawal. If the entrepreneur does not offer to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive shipping method than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive shipping method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal:
1. Products or services whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Contracts concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered under supervision by the entrepreneur to the consumer, who is personally present at the auction or is given the opportunity to be personally present. from such auctioneer, and whereby the winning bidder must purchase the Products, Digital Content and/or Services;
3. Service agreements, after the service has been fully performed, but only if: o the performance has started with the express prior consent of the consumer; and o the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Package trips within the meaning of Article 7:500 of the Dutch Civil Code and agreements regarding passenger transport;
5. Service agreements for accommodation if the agreement provides for a specific date or period of performance and not for accommodation, freight transport, car rental and meals;
6. Leisure agreements, if the agreement specifies a specific date or period for their execution;
7. Products manufactured to the consumer's specification, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Products that are not suitable for return for reasons of health protection or hygiene;
10. Products that are irrevocably mixed with other products after delivery due to their nature;
11. Alcoholic drinks, the price of which was agreed upon when concluding the agreement, but delivery of which can only take place after 30 days and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
13. Newspapers, magazines or periodicals, with the exception of subscriptions;
14. Offering digital content that is not on a tangible medium, but only if:
o the service has started with the express prior consent of the consumer; and
o the consumer has stated that he loses his right of withdrawal as a result.
Article 11 - The price
1. The prices stated in the offer of products or services include VAT.
Article 12 - Compliance with the agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of suitability and/or usability and the legal requirements imposed on the market. to exist. comply with/or government regulations at the time the agreement is concluded.
Article 13 - Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. Place of delivery is the address that the consumer has communicated to the entrepreneur.
3. Taking into account the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order.
Article 14 - Duration transactions: duration, termination and extension
Cancellation:
1. The consumer can at any time cancel an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed cancellation rules and a notice period of no more than one. month.
2. The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the cancellation rules and a notice period. period of maximum one month.
3. The consumer can make use of the agreements referred to in the previous paragraphs:
o cancel at any time and are not limited to cancellation at a specific time or period;
o cancel at least in the same manner as entered into by him;
o Always cancel with the same notice period that the entrepreneur has set for himself.
Extension:
4. An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services cannot be extended tacitly or for a specific period.
5. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of newspapers, weeklies and magazines can be tacitly extended for a fixed period of up to three months, if the consumer has extended this extension. . The agreement will be terminated after the extension with a notice period of up to one month.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services can only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month.
Article 15 - Payment
1. Unless otherwise stated in the agreement or in the additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period or, in the absence of a reflection period, within 14 days. after the end of the contract. Agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
3. If the consumer does not meet his payment obligations on time, after he has been informed of the default by the entrepreneur and the entrepreneur has granted the consumer a period of 14 days to meet his payment obligations, if payment is not made. If within this within a period of 14 days, statutory interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer has the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement.
Article 17 - Choice of law
1. Agreements between entrepreneurs and consumers to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 18 - Changes to the general terms and conditions
The entrepreneur reserves the full right to change these general terms and conditions without prior notice.
Created and last updated on October 15, 2022 in Shanghai.