Article 1 - Definitions
The following definitions apply in these conditions:
Withdrawal period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
Day: Calendar day;
Ongoing transaction: A distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over a certain period;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in such a way that future consultation and unchanged reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers by distance selling;
Distance contract: a contract in which, within a system organized by the entrepreneur for the distance sale of goods and/or services, one or more techniques of remote communication are used exclusively until the conclusion of the contract;
Remote communication technology: Means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
JW Ecom HK Limited
Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong
Commercial register number: 75600736
Article 3 - Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer and every order.
Before concluding the distance contract, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract
It is pointed out that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded by electronic means, the text of these General Terms and Conditions can be made available to the consumer electronically before the conclusion of the distance contract, regardless of the preceding paragraph, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly, and in the case of conflicting general terms and conditions, the consumer may always rely on the provision most favorable to them.
Should one or more provisions of these General Terms and Conditions be wholly or partially invalid or void at any time, the contract and these terms and conditions shall remain in effect otherwise, and the relevant provision shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the meaning of the original provision.
Situations not covered by these General Terms and Conditions are to be assessed "in the spirit" of these General Terms and Conditions.
Ambiguities about the interpretation or content of one or more provisions of our General Terms and Conditions are to be interpreted "in the sense" of these General Terms and Conditions.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is not binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an appropriate assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.
The images belonging to the products are a true representation of the products offered. The operator cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that makes it clear to the consumer which rights and obligations are associated with accepting the offer. This mainly concerns:
the price, excluding customs clearance fees and import VAT. These additional costs are borne by and at the risk of the customer. The postal and/or courier service applies the special regulation for postal and courier services upon import. This regulation applies when the goods are imported into the EU destination country, which is the case here. The postal and/or courier service charges the VAT (also together with customs clearance fees) from the recipient of the goods;
any shipping costs;
the manner in which the agreement is concluded and what measures are required for this;
whether the right of withdrawal applies or not;
the method of payment, delivery, and fulfillment of the contract;
the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
the amount of the distance communication tariff if the costs for using the distance communication means are calculated on a basis other than the regular basic tariff for the communication means used;
whether the contract will be archived after its conclusion and, if so, how the consumer can access it;
the manner in which the consumer can check and, if necessary, correct the data provided by them within the framework of the contract before concluding the contract;
all other languages in which the agreement can be concluded besides Dutch;
the codes of conduct to which the business has submitted itself, and the manner in which the consumer can electronically view these codes of conduct; and
the minimum duration of the distance contract in the case of a fixed-term contract. Optional: available sizes, colors, types of materials.
Article 5 - The Agreement
Subject to the provisions in paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur must immediately confirm the receipt of the acceptance of the offer electronically.
Ways to confirm. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement corresponding security measures.
The entrepreneur may - within the legal framework - inquire whether the consumer can meet their payment obligations, as well as all facts and factors important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this check not to conclude the contract, they are entitled to reject an order or application or to link the execution to special conditions by stating reasons.
The entrepreneur will provide the consumer with the following information in writing or in a way that allows the consumer to store it in an accessible manner on a durable medium along with the product or service:
the visiting address of the business's branch to which the consumer can direct their complaints;
the conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
the information about warranties and the existing customer service;
the data specified in Article 4 paragraph 3 of these conditions, unless the
The trader has already provided the consumer with this data before concluding the
contract communicated;
the conditions for terminating the agreement, if the
Agreement has a term of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision of the preceding paragraph applies only to the first delivery.
Every agreement is concluded under the condition precedent of sufficient availability of the respective products.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to cancel the contract within 14 days without giving any reason. This reflection period begins the day after the consumer or a representative previously designated by the consumer and communicated to the trader receives the product.
During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine whether they want to keep the product. If they exercise their right of withdrawal, they must return the product with all delivered accessories and - as far as reasonable - in its original condition and original packaging to the
to return to the trader, following the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they must inform the trader within 14 days of receiving the product. The consumer must do this in the form of a written notice/email. After the consumer has declared that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were sent back on time, for example by providing shipping proof.
If the customer has not expressed their desire to exercise their right of withdrawal or has not returned the product to the trader after the deadlines specified in paragraphs 2 and 3, the purchase is considered final.
If you choose to accept the 100% credit in the form of a store credit or if you prefer that we send the item back to you free of charge, you can no longer return the item for a refund.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the goods will be borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as quickly as possible, but no later than 5 days after the withdrawal. This is conditional on the goods having already been returned to the trader or conclusive proof of the complete return being provided.
Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this at least in time before the conclusion of the contract in the offer.
The exclusion of the right of withdrawal is only possible for products:
that the entrepreneur has manufactured according to the consumer's specifications;
that are clearly of a personal nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by
broken by the consumer.
for hygienic products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
for accommodation, transport, catering, or leisure activities to be carried out on a specific day or during a specific period;
with whose delivery has begun with the express consent of the consumer before the expiry of the reflection period;
3. For bets and lotteries.
Article 9 - The Price
During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no influence, at variable prices. This connection to the fluctuations and the fact that the prices stated are guideline prices are indicated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they arise from legal regulations or provisions.
Price increases after 3 months from the conclusion of the contract are only permitted if the entrepreneur has agreed to them and:
they arise from legal regulations or provisions; or
the consumer has the right to cancel the contract from the day on which the
Price increase takes effect.
According to Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transportation begins. In this case, this delivery takes place outside the EU. Subsequently, the postal or courier service charges the import VAT or clearance fees to the customer. Therefore, no VAT is charged by the entrepreneur.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the goods at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for suitability and/or usability, and the legal provisions and/or official regulations in effect at the time of contract conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than the normal use.
A warranty from the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.
Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products.
for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
The delivered products were exposed to abnormal conditions or otherwise handled negligently or treated contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is wholly or partly the result of regulations issued or to be issued by the government regarding the type or quality of the materials used.
Article 11 - Delivery and Fulfillment
The entrepreneur will exercise the greatest possible care when receiving and fulfilling orders for products.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions in Article 4 of these General Terms and Conditions, the company will process accepted orders as quickly as possible, but no later than within 12 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 12 days after the order. In this case, the consumer has the right to cancel the contract without cost and the right to possible compensation.
In the event of termination according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 5 working days after the termination.
If the delivery of an ordered product is not possible, the entrepreneur will try to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the time of delivery to the consumer or a previously named and communicated representative to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination, and renewal
Termination
The consumer can terminate an indefinite contract concluded for the regular delivery of products (including electricity) or services,
terminate at any time by observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a fixed-term contract for the regular delivery of goods (including electricity) or the provision of services at any time at the end of the term by observing the agreed termination rules and a notice period of no more than one month.
The consumer can change the agreements mentioned in the preceding paragraphs:
end at any time and not be limited to a specific time or period;
at least end them as they were concluded by them;
always terminate with the same notice period that the entrepreneur has set for themselves.
Extension
A contract concluded for a specific period that relates to the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a specific period.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract for the regular delivery of goods or the provision of services can only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time by observing a notice period of no more than one month and a notice period of no more than three months if the contract relates to the regular delivery of daily or weekly newspapers and magazines less than once a month.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) will not be tacitly renewed and automatically ends at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless termination before the agreed term is inadmissible for reasons of reasonableness and fairness.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the reflection period mentioned in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the provided or mentioned payment details.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs communicated in advance.
Article 14 - Complaint Procedure
Complaints about the fulfillment of the contract must be fully and clearly described and addressed to the entrepreneur within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 working days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the operator's obligations unless the operator states otherwise in writing.
If a complaint is found to be justified by the operator, the operator will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Dutch law exclusively applies to contracts between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.