Article 1 - Definitions
The following terms have the following meanings:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the course of a professional or commercial activity and who concludes a contract with the contractor;
Day: calendar day;
Continuing Performance Contract: a distance contract for a series of goods and/or services where the obligation to deliver and/or take delivery extends over a certain period of time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who supplies products and/or services to consumers at a distance;
Distance contract: an agreement in which, in a system organised by the entrepreneur for the distance sale of goods and/or services, one or more techniques of distance communication are used exclusively until the conclusion of the contract;
Telecommunication technology: a means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time
General terms and conditions: the current general terms and conditions of the contractor.
Article 2 - The identity of the contractor
(Please note: This is not the return address. Products sent to this address will spoil and cannot be returned. Please refer to the relevant return instructions.)
FENGYUCZ LIMITED
ROOM 409, BEVERLEY COMMERCIAL CENTER, 87-105 CHATHAM ROAD SOUTH, TSIM SHA TSUI, KOWLOON, HONG KONG
E-mail:Β
Website:
Article 3 - Application These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. The text of these general terms and conditions will be made available to the consumer before the contract is concluded. If this is not reasonably possible, the entrepreneur will indicate before the contract is concluded that the general terms and conditions can be inspected at the entrepreneur's business premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, the text of these general terms and conditions, with the exception of the previous paragraph, will be made available to the consumer before the distance contract is concluded in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge, either electronically or otherwise, at the consumer's request. In the case of specific product or service conditions, paragraphs 2 and 3 apply mutatis mutandis in addition to these General Terms and Conditions and in the event of conflicting General Terms and Conditions, the consumer can always rely on the provision most favorable to him. If a provision of these General Terms and Conditions is at any time wholly or partially void or ineffective, the contract and these General Terms and Conditions will remain in force and the provision in question will be immediately replaced by a provision that comes as close as possible to the purpose of the original provision by mutual agreement. Situations not covered by these General Terms and Conditions are to be considered "in the spirit" of these General Terms and Conditions. Any ambiguity about the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted "in the spirit" of these General Terms and Conditions.Β
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur has the right to change and adapt 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 make a reasonable assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All photos, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Every offer contains such information that the consumer is clear about what rights and obligations are associated with accepting the offer. This applies in particular to:
the price, excluding customs clearance fees and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regime for postal and courier services with regard to imports. This regime applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT (if applicable together with customs clearance fees) from the recipient of the goods;Β
the manner in which the contract is concluded and the measures required for this;
whether the right of withdrawal applies;
the method of payment, delivery and execution of the contract;
the condition for accepting the offer or the period for which the contractor guarantees the price;
the level of speed for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the usual basic rate for the means of communication used;
whether the agreement is archived after its conclusion and, if so, how it can be viewed by the consumer;
the manner in which the consumer can check and, if necessary, correct the data he has provided under the contract before concluding the contract;
other languages ββin which the contract can be concluded besides Dutch;
the codes of conduct that the entrepreneur adheres to and the manner in which the consumer can consult these codes of conduct electronically; and minimum duration of the distance contract in the case of a long-term deal.
Optional: available sizes, colors, type of material.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the contract is concluded at the moment of acceptance of the offer by the consumer and the fulfillment of the associated conditions.
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 recipient of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transmission and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within the legal limits - ask whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, as a result of 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.
The entrepreneur will provide the consumer with the product or service with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
1. the visiting address of the entrepreneur's place of business to which the consumer can turn with complaints;
2. the conditions and manner under which the consumer can make use of the right of withdrawal or a clear statement about the exclusion of the right of withdrawal;
3. information about guarantees and existing services after purchase;
4. the information included in article 4 paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided this information to the consumer before concluding the agreement;
the conditions for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.
In the case of a continuing agreement, the provision of the previous paragraph only applies to the first delivery. Each contract is concluded subject to the conditions precedent of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement within 14 days without giving any reason. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the contractor with all supplied accessories and - as far as reasonably possible - in the original condition and packaging, in accordance with the reasonable and unambiguous instructions provided by the contractor.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the customer has not declared that he wishes to exercise his right of withdrawal or has not yet done so, after the deadlines referred to in points 2 and 3 have expired, the consumer must return the goods to the entrepreneur. The product is not returned to the entrepreneur; the purchase is a fact.
Article 7 - Withdrawal fees If
the consumer exercises his right of withdrawal, the return costs are at his expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is provided that the product has already been received by the online retailer or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The contractor can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the contractor has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
1. created by the entrepreneur according to the consumer's specifications;
2. that are clearly personal;
3. which, due to their nature, cannot be taken back;
4. which can quickly be destroyed or become obsolete;
5. if the price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
6. for loose newspapers and magazines;
7. for audio and video recordings and software that the consumer has unsealed.
8. for hygiene products of which the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services:
1. concerning accommodation, transport, restaurant operations or leisure activities to be carried out on a specific date or during a specific period;
2. delivery that has started with the consumer's explicit consent before the expiry of the withdrawal period;
3. concerning games and lotteries.
Article 9 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Deviating from 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 link with fluctuations and the fact that the prices mentioned are guide prices will be mentioned in the offer.Β
Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has set them and:Β
they result from legal regulations or provisions; or
the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
According to article 5 paragraph 1 of the Sales Tax Act 1968, the place of delivery is in the country where the transport begins. In the present case, this delivery takes place outside the EU. After that, the postal or courier service will collect the import sales tax or handling fees from the customer. Consequently, no VAT will be charged by the entrepreneur.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing errors, the company is not obliged to deliver the product at the wrong price.Β
Article 10 - Compliance and warranty
The contractor guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the applicable legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A guarantee from the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the contractor in writing within 14 days of delivery. The product must be returned in the original packaging and in new condition.
The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the final suitability of the products for each individual application of the consumer, nor for advice regarding the use or application of the products.
The guarantee does not apply if:
the consumer has repaired and/or adjusted the delivered products himself or had them repaired and/or adjusted by a third party;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the contractor's instructions and/or on the packaging; the defect is wholly or partly due to regulations that the government has issued or will issue regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The contractor will take the greatest possible care when receiving and executing product orders.
The place of delivery is the address that the consumer has made known to the company.
With due observance of the provisions in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be executed or can only be executed partially, this will be communicated to the consumer no later than 30 days after the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If the delivery of an ordered product proves impossible, the contractor will try to deliver a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the Contractor.
The risk of damage and/or loss of products rests with the contractor at the time of delivery to the consumer or a representative designated in advance and made known to the contractor, unless expressly agreed otherwise.
Article 12 - Transactions with a duration: duration, termination and extension
The consumer can terminate an agreement concluded for an indefinite period and which extends to the normal delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month. The consumer can terminate an agreement concluded for a definite period and which extends to the normal delivery of products (including electricity) or services at any time before the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can conclude the agreements referred to in the previous paragraph:
terminate at any time and are not limited to termination at any time or for a fixed term;
interrupt at least as they were entered into by him;
always terminate with the same notice period that the entrepreneur has set for himself.
Renewal
A contract that has been concluded for a definite period and extends to the standard delivery of products (including electricity) or services may not be extended or renewed for a definite period.
By way of derogation from the previous paragraph, a contract that has been concluded for a definite period and extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a definite period of time not exceeding three months if the consumer objects. this comprehensive agreement. can terminate with a notice period of no more than one month to the end of the extension.
A contract that has been concluded for a definite period and extends to the standard delivery of products or services may only be tacitly extended for an indefinite period of time if the consumer may terminate at any time with a notice period of no more than one month and a notice period. maximum of three months if the contract extends to the usual but less than once a month delivery of daily, news and weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines (trial or trial subscription) does not continue tacitly and ends automatically at the end of the trial or trial period.
Expensive
If a contract has a term of more than one year, the consumer can terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the expiry of the agreed period.
Article 13 - Payment
Unless otherwise agreed, the amount owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. If there is an agreement to provide a service, this period starts. at. after the consumer has received confirmation of the contract.
The consumer is obliged to report inaccuracies in the payment details provided or communicated to the entrepreneur immediately.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs made known in advance by the customer.
Article 14 - Appeals procedure
Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days after the consumer discovered the defects, fully and clearly described.
Complaints addressed to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the contractor will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be settled amicably, a dispute arises that is the subject of dispute settlement.
A complaint does not suspend the contractor's obligations, unless the contractor indicates otherwise in writing.
If a complaint turns out to be well-founded, the entrepreneur will, at his own discretion, replace or repair the delivered goods free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively subject to Dutch law. This also applies if the consumer lives abroad.