Terms & 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 Costs thereof

• Article 9 - Obligations of the Entrepreneur in case 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, Termination, and Extension

• Article 15 - Payment

• Article 16 - Complaint Procedure

• Article 17 - Choice of Law

• Article 18 - Amendment of the General Terms and Conditions

Article 1 – Definitions

In these General Terms and Conditions, the following definitions apply:

1. Additional Agreement: An agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.

2. Reflection Period: The period within which the consumer can make use of their right of withdrawal.

3. Consumer: The natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur.

4. Day: Calendar day.

5. Digital Content: Data that is produced and supplied in digital form.

6. Continuous Performance Contract: A contract that entails the regular delivery of goods, services, and/or digital content over a specified period.

7. Durable Medium: Any tool – including email – that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that facilitates future reference or use for a period that is appropriate to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information.

8. Right of Withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection 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 to consumers from a distance.

10. Distance Contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby exclusive or additional use is made of one or more techniques for distance communication up to and including the conclusion of the contract.

11. Model Withdrawal Form: The European model withdrawal form included in Annex I of these General Terms and Conditions.

12. Technique for Distance Communication: A means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same place at the same time.

Article 2 - Identity of the Entrepreneur

Entrepreneur Name:
Name: Wang Maoqin
Address: Jianlan Road, Meixu Street, Yinzhou District
House Number: 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 every 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’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

3. If the distance contract is concluded electronically, then contrary to the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions can be made available to the consumer electronically in such a way that the consumer can store them in a simple way 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 either electronically or in another way at the consumer’s request.

4. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.

Article 4 - The Offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. If the entrepreneur uses images, these will be a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance of the offer by the consumer and the fulfillment of the corresponding conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

4. The entrepreneur can – within the legal framework – investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the contract based on this investigation, they are 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 dissolve the agreement without giving reasons. In the event of such dissolution, any payments received will be refunded.

Article 6 – Right of Withdrawal

For Products:

1. The consumer can dissolve a contract regarding the purchase of a product during a reflection period of 14 days without giving reasons. The entrepreneur can ask the consumer for the reason for the withdrawal but cannot obligate them to state their reason(s).

2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product.

2a. The entrepreneur may, provided they have informed the consumer clearly before the ordering process, refuse an order for multiple products with different delivery times.

3. As an internationally operating company, we centrally ship our products from China. For orders exceeding €25, the shipping costs are free of charge for the customer. The customer bears the cost of returning the products to China.

Article 7 - Obligations of the Consumer During the Reflection Period

1. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.

2. The consumer is only liable for the depreciation of the product resulting from handling the product beyond what is permitted in paragraph 1.

3. The consumer must handle products subject to hygiene regulations with care. The entrepreneur may refuse the return of products that can no longer be used for hygienic reasons.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs thereof

1. If the consumer makes use of their right of withdrawal, they must notify the entrepreneur within the withdrawal period using the model withdrawal form or in another unequivocal manner.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves.

3. The consumer returns the product with all delivered accessories, if reasonably possible, in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

5. The consumer bears the direct costs of returning the product.

6. If the consumer makes use of their right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the Entrepreneur in case of Withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, they will send an acknowledgment of receipt immediately upon 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, promptly but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursing until they have received the product or until the consumer proves that they have returned the product, whichever is earlier.

3. The entrepreneur uses the same payment method that the consumer used for the reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive 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 subject to fluctuations in the financial market that the entrepreneur cannot influence and that may occur within the withdrawal period.

2. Contracts concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present at the auction or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.

3. Service contracts, after full performance of the service, but only if:

   • the performance has begun with the consumer’s prior express consent; and

   • the consumer has acknowledged that they lose their right of withdrawal once the entrepreneur has fully performed the contract.

4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport.

5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and is not for residential purposes, goods transport, car rental, and catering.

6. Agreements regarding leisure activities, if the agreement provides for a specific date or period for its performance.

7. Products made to the consumer’s specifications that are not prefabricated and that are made based on an individual choice or decision by the consumer or that are clearly intended for a specific person.

8. Products that spoil quickly or have a limited shelf life.

9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

10. Products that are, by their nature, inseparably mixed with other items after delivery.

11. Alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market that the entrepreneur cannot influence.

12. Sealed audio, video recordings, and computer software, whose seal has been broken after delivery.

13. Newspapers, periodicals, or magazines, with the exception of subscriptions to them.

14. The supply of digital content that is not supplied on a tangible medium, but only if:

• the performance has begun with the consumer’s prior express consent; and

• the consumer has acknowledged that they lose their right of withdrawal as a result.

Article 11 - The Price

1. The prices mentioned 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 contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations at the date of the conclusion of the agreement.

Article 13 - Delivery and Execution

1. The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the entrepreneur.

3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders promptly but at the latest within 30 days unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed about this within 30 days after placing the order.

4. As an internationally operating company, we centrally ship our products from China. For orders exceeding €25, the shipping costs are free of charge.

5. The customer bears the cost of returns. Instructions for returning items can be found in our return policy.

Article 14 - Transactions with Duration: Duration, Termination, and Extension

Cancellation:

1. The consumer can cancel an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

2. The consumer can cancel an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the specified period with due observance of the agreed cancellation rules and a notice period of no more than one month.

3. The consumer can terminate the agreements referred to in the preceding paragraphs:

   • at any time and not be limited to termination at a specific time or during a specific period;

   • at least in the same way as they were entered into by him;

   • always with the same notice period as the entrepreneur has stipulated for himself.

Extension:

4. A contract concluded for a definite period that extends to the regular delivery of products (including electricity) or services cannot be tacitly renewed or extended for a fixed period.

5. Contrary to the previous paragraph, a contract concluded for a definite period that extends to the regular delivery of daily, weekly, and periodicals may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.

6. A contract concluded for a definite period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month.

Article 15 - Payment

1. Unless otherwise provided in the contract or additional terms, 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 conclusion of the agreement. In the case of an agreement to provide a service, this period starts the day after the consumer has received the confirmation of the agreement.

2. The consumer is obliged to report inaccuracies in the provided or stated payment data to the entrepreneur immediately.

3. If the consumer does not meet their payment obligation(s) in time, after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, the consumer is after failing to pay within this 14-day period, owes the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. 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 can deviate from the stated amounts and percentages in favor of the consumer.

Article 16 - Complaint 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 contract must be submitted to the entrepreneur fully and clearly described within a reasonable period after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement.

Article 17 - Choice of Law

1. Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are exclusively governed by Dutch law.

Article 18 - Amendment of the General Terms and Conditions

The entrepreneur reserves the unlimited right to amend these General Terms and Conditions without prior notice.

Created and last updated on October 15, 2022, in Amsterdam.

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Expanded Terms and Conditions

Article 1 - Definitions

In these expanded General Terms and Conditions, the following definitions are clarified in greater detail:

1. Additional Agreement: An agreement wherein the consumer acquires products, digital content, and/or services in conjunction with a distance contract, facilitated either by the entrepreneur or a third party, based on an agreement between the third party and the entrepreneur. This agreement ensures that all parties involved understand their roles and responsibilities.

2. Reflection Period: The legally specified period within which the consumer can exercise their right of withdrawal without facing any penalties. This period is designed to give consumers enough time to evaluate their purchase decisions.

3. Consumer: A natural person who enters into a contract for purposes that are outside their trade, business, craft, or profession. This definition distinguishes personal purchases from business transactions.

4. Day: Refers to a calendar day, encompassing all days within the month, including weekends and public holidays, ensuring no ambiguity in the calculation of deadlines.

5. Digital Content: Refers to data produced and delivered in digital form, including but not limited to software, digital media, e-books, and streaming services.

6. Continuous Performance Contract: A contract that entails the periodic supply of goods, services, and/or digital content over a specified duration. This ensures ongoing access to the purchased services or goods.

7. Durable Medium: Any instrument that allows the consumer or entrepreneur to store information directed personally to them in a way that enables future access and use for a period appropriate to the information's purpose. This includes formats like paper, email, and other digital storage means.

8. Right of Withdrawal: The consumer's right to withdraw from a distance contract within the reflection period without providing any reason, safeguarding consumer interests and ensuring fair trade practices.