Article 1 - Definitions
These terms and conditions use the following definitions:
Withdrawal period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
Day: Business day;
Subscription contract: A distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over a specified period;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future retrieval and reproduction of the stored information unchanged.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: a contract under which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
Means of distance communication: means by which an agreement can be concluded without the consumer and entrepreneur being in the same room at the same time.
General terms and conditions: these entrepreneur’s general terms and conditions.
Article 2 - Identity of the entrepreneur
JW Ecom HK Limited
Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong
Company registration number: 75600736
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer and every order.
Before the distance contract is concluded, the consumer is provided with the text of these general terms and conditions. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
informed that the entrepreneur’s general terms and conditions can be inspected and that, at the consumer’s request, they will be sent free of charge as soon as possible.
If the distance contract is concluded electronically, the text of these General Terms and Conditions may, notwithstanding the preceding paragraph, be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the General Terms and Conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
If, in addition to these general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the provision most favorable to them.
If one or more provisions of these General Terms and Conditions are wholly or partially invalid or void at any time, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall immediately be replaced 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 shall be assessed "in the spirit" of these General Terms and Conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in accordance with the spirit" 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 expressly stated in the offer.
The offer is non-binding. The trader is entitled to modify 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 enable the consumer to properly assess the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.
All images, specifications, and data in the offer are indicative and cannot constitute grounds for compensation or termination of the agreement.
The images accompanying 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.
Every offer contains information that makes it clear to the consumer which rights and obligations are associated with accepting the offer. This concerns in particular:
the price, excluding customs clearance fees and import VAT. These additional costs are borne by and at the customer's risk. The postal and/or courier service applies the special arrangement for postal and courier services upon importation. This arrangement applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT, including any customs clearance fees, from the recipient of the goods;
any shipping costs;
how the agreement is concluded and what measures are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer or the period during which the trader guarantees the price;
the amount of the distance communication tariff if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;
how the consumer can review and, if necessary, correct the data provided by them under the agreement before concluding it;
any other languages in which the agreement may be concluded in addition to Dutch;
the codes of conduct to which the trader has subscribed and how the consumer can consult these codes of conduct electronically; and
the minimum term of the distance contract in the case of a subscription. Optional: available sizes, colors, types of material.
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions specified therein.
If the consumer has accepted the offer electronically, the trader must immediately confirm receipt of the acceptance of the offer electronically
to confirm. Until the trader has confirmed receipt of this acceptance, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the trader must take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
Der Unternehmer kann sich - innerhalb des gesetzlichen Rahmens - darüber informieren, ob der Verbraucher seinen Zahlungsverpflichtungen nachkommen kann, sowie über all jene Tatsachen und Faktoren, die für einen verantwortungsvollen Abschluss des Fernabsatzvertrages wichtig sind. Hat der Unternehmer aufgrund dieser Prüfung gute Gründe, den Vertrag nicht abzuschließen, ist er berechtigt, eine Bestellung oder einen Antrag abzulehnen oder die Durchführung unter Angabe von Gründen an besondere Bedingungen zu knüpfen.
The entrepreneur may—in accordance with the statutory framework—obtain information about whether the consumer can meet their payment obligations, as well as about all facts and factors relevant to responsibly entering into the distance contract. If, based on this assessment, the entrepreneur has good reason not to conclude the contract, they are entitled to refuse an order or application, or to attach special conditions to its execution, stating the reasons.
The entrepreneur will provide the consumer, with the product or service, with the following information in writing or in a form that allows the consumer to store it accessibly on a durable medium:
the visiting address of the trader’s establishment to which the consumer may submit complaints;
the conditions under which and the manner in which the consumer may exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the entrepreneur has already provided the consumer with this information before the conclusion of the
contract has been notified;
the conditions for terminating the agreement, if the
the agreement has a term of more than one year or is of indefinite duration.
In the case of a continuing transaction, the provision of the preceding paragraph applies only to the first delivery.
Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract within 14 days without giving any reason. This withdrawal period begins on the day after the consumer, or a representative previously designated by the consumer and notified to the entrepreneur, receives the product.
During the withdrawal period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product with all accessories supplied and—where reasonably possible—in its original condition and packaging to the
to return it to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
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 so in the form of a written notice/email. After the consumer has stated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by providing proof of shipment.
If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not expressed their wish to exercise their right of withdrawal or returned the product to the entrepreneur, the purchase is final.
If you decide to accept the 100% credit in the form of 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 the event of cancellation
If the consumer exercises their right of withdrawal, the costs of returning the goods shall be borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 5 days after the withdrawal. This is subject to the goods having already been returned to the trader or conclusive proof of complete return being provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of cancellation applies only if the trader has clearly stated this in the offer at least in good time before the contract is concluded.
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 personal in nature;
that by their nature cannot be returned;
that can deteriorate or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the
has been broken by the consumer.
for hygiene 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 date or during a specified period;
the delivery of which began with the consumer's express consent before the expiry of the cooling-off period;
3. For betting and lotteries.
Article 9 - The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no control, at variable prices. This connection with the fluctuations and the fact that the stated prices are indicative prices will be specified in the offer.
Price increases within 3 months after the conclusion of the contract are permitted only if they result from statutory provisions or regulations.
Price increases from 3 months after the conclusion of the contract are permitted only if the trader has agreed to them and:
they arise from statutory provisions or regulations; or
the consumer has the right to terminate the contract from the day on which the
the price increase takes effect.
Under Section 5(1) of the Turnover Tax Act 1968, the place of supply is the country where transport begins. In this case, the supply takes place outside the EU. The postal or courier service will subsequently charge the customer import VAT or customs clearance fees. Consequently, no VAT will be charged by the trader.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the trader is not obliged to deliver the goods at the incorrect price.
Article 10 - Conformity and warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements relating to suitability and/or usability, and the statutory provisions and/or government regulations applicable at the time the contract was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A guarantee from the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.
Defective or incorrectly delivered products should be reported to the business in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The business's warranty period corresponds to the manufacturer's warranty period. However, the business is never responsible for the products' ultimate suitability
for each individual use by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products were exposed to abnormal conditions or were otherwise handled negligently or contrary to the business's instructions and/or those on the packaging;
The defect is wholly or partly the result of regulations issued or to be issued by the government concerning the nature or quality of the materials used.
Article 11 - Delivery and Fulfillment
The business will exercise the utmost possible care when receiving and fulfilling orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will process accepted orders as soon as possible, but no later than within 12 business days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fulfilled or can only be fulfilled partially, the consumer will be informed no later than 12 days after placing the order. In this case, the consumer has the right to terminate the contract without charge and the right to possible compensation.
In the event of termination pursuant to the preceding paragraph, the business will refund the amount paid by the consumer as soon as possible, but no later than within 5 business days after termination.
If delivery of an ordered product is not possible, the business will endeavor to provide a replacement item. No later than 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 returning the item will be borne by the business.
The risk of damage to and/or loss of products lies with the business until the time of delivery to the consumer or a representative previously designated by the consumer and notified to the business, unless expressly agreed otherwise.
Article 12 – Continuing contracts: term, termination and renewal
Termination
The consumer may terminate an open-ended contract concluded for the regular delivery of products (including electricity) or services,
terminate at any time subject to the agreed termination rules and a notice period of no more than one month.
The consumer may 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, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may amend the agreements referred to in the preceding paragraphs:
end at any time and not be limited to a specific date or period;
terminate them at least in the same manner in which they were concluded;
always terminate it subject to the same notice period that the business has stipulated for itself.
Extension
A contract concluded for a specific period that covers the regular delivery of goods (including electricity) or the provision of services may not 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 the extended contract at the end of the extension by giving no more than one month's notice.
A fixed-term contract for the regular delivery of goods or the provision of services may be tacitly extended for an indefinite period only if the consumer can terminate the contract at any time subject to a notice period of no more than one month, and a notice period of no more than three months if the contract concerns the regular, but less than monthly, delivery of daily or weekly newspapers and magazines.
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) is not automatically renewed and ends automatically when the trial or introductory period expires.
Duration
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year, subject to a notice period of no more than one month, unless termination before the end of the agreed term is unreasonable and inequitable.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period referred to in Article 6(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 notify the business immediately of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the business shall, subject to statutory limitations, be entitled to charge the reasonable costs communicated to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the business in full and clearly described within 7 days after the consumer has identified the defects.
Complaints submitted to the business will be answered within 14 working days of receipt. If a complaint requires a foreseeably longer processing time, the business 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 shall arise 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 deemed justified by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the business and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law, even if the consumer resides abroad.