Formidlingsforhold
MEDIATION TERMS AND CONDITIONS
COMPANY STRUCTURE
The offer of movable goods on Website is not sold by Website Owner, but by Seller. The purchase of movable goods is therefore subject to a contract between Buyer and Seller. Website Owner is therefore not a party to this contract of sale. The general terms and conditions applicable between Seller and Buyer are included in this document for convenience. Please note that these general terms and conditions apply between Buyer and Seller and are therefore not revocable against Website Owner.
If Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European “Remote Buying” directive applies. This directive contains, among others, the following rights and guarantees:
- Seller must provide Buyer with information regarding taxes, payment, delivery and performance of the agreement, unambiguously and in writing.
- Buyer will receive the order within 30 days, unless otherwise agreed with Seller. If the movable goods in question are not (or no longer) available, Seller is obliged to inform Buyer of this. Any payments must be refunded within 30 days, unless Seller delivers a comparable movable good.
- Buyer has a right of withdrawal, which means Buyer can withdraw the purchase within a period of at least 14 days without stating any reasons. Any shipping costs will be charged to Buyer. Any payments or deposits must be refunded within thirty days.
ARTICLE 1 - DEFINITIONS
In these mediation terms and conditions, the following definitions shall apply:
Website: platform made available via www.novalu.no, including all associated subdomains.
Website Owner: The Happiness Group, which is established at Sint Annastraat 78, the Netherlands, and registered with the Netherlands Chamber of Commerce with number 78669960.
Buyer: the person making a purchase on the above-mentioned website.
Seller: company which, either as a producer or as a trader, sells movable goods to Buyer.
ARTICLE 2 - BUYER'S RIGHTS
If Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European “Remote Buying” directive applies. This directive contains, among others, the following rights and guarantees:
Seller must provide Buyer with information regarding taxes, payment, delivery and performance of the agreement, unambiguously and in writing.
Buyer will receive the order within 30 days, unless otherwise agreed with Seller. If the movable goods in question are not (or no longer) available, Seller is obliged to inform Buyer of this. Any payments must be refunded within 30 days, unless Seller delivers a comparable movable good.
Buyer has a right of withdrawal, which means Buyer can withdraw the purchase within a period of at least 14 days without stating any reasons. Any shipping costs will be charged to Buyer. Any payments or deposits must be refunded within thirty days.
ARTICLE 3 - NATURE OF THE MEDIATION SERVICE
The offer of movable goods on Website is not sold by Website Owner, but by Seller. The purchase of movable goods is therefore subject to a contract between Buyer and Seller. Website Owner is therefore not a party to this contract of sale.
Via the Website, certain movable goods are purchased from Seller, who may or may not be established in the European Union.
The service provided by Website Owner is a mediation service provided to Seller. When a movable good is ordered via the Website, Website Owner is authorised to act as Seller's intermediary and to order the movable good from Seller of the movable good in question, in the name of Buyer and on Buyer's behalf.
If actual Seller is established outside the EU and as a result the movable good in question has to be imported, this will take place under Buyer's name. Additional costs, such as import VAT and (customs) clearance costs shall be borne by Buyer.
ARTICLE 4 – PAYMENT
The processing of the payment for the purchased good is carried out via Website Owner. Website Owner is also responsible for the transmission of the payment to actual Seller.
The prices stated on the Website differ from the amounts transmitted to actual Seller by Website Owner. The difference between the amount paid by Buyer and the amount paid to actual Seller is the compensation for the mediation service provided by Website Owner to Seller.
ARTICLE 5 - COMPLAINTS PROCEDURE
In the event that Buyer is dissatisfied with the manner in which the (mediation) agreement has been executed, this can be communicated to Website Owner via the contact details mentioned on the Website. Every message submitted by Buyer will be dealt with by Website Owner with the greatest care and as soon as possible. Website Owner will provide Buyer with a substantive response no more than 14 days after receipt of the message.
In the event of dissatisfaction with the procedure referred to in paragraph 1 of this article, Buyer may turn to the disputes committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).
General terms and conditions
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the seller
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Extended duration transactions: duration, termination and prolongation
Article 13 – Payment
Article 14 - Complaints procedure
Article 15 – Disputes
Article 16 - Additional or different stipulations
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions shall apply:
Additional contract: a contract under which Buyer acquires goods, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Seller or by a third party on the basis of a contract between that third party and Seller;
Withdrawal period: the period during which Buyer may exercise his right of withdrawal;
Buyer: the natural person not acting in the pursuit of a trade, business or craft and who concludes a contract with Seller;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration transaction: a contract relating to a series of goods and/or services for which the obligation to supply and/or purchase is spread over time;
Durable medium: any (auxiliary) instrument that enables Buyer or Website Owner to store information addressed personally to them in a way accessible to future reference adequate to the purpose of the information and which allows the unchanged reproduction of the information stored, including e-mail;
Right of withdrawal: the possibility for Buyer to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the withdrawal form made available to Buyer by Website Owner and which can be completed by Buyer when he or she wishes to exercise his right of withdrawal;
Website Owner: the natural person or legal entity that acts as an intermediary on behalf of Seller and offers goods and/or (access to) digital content and/or services to Buyers at a distance;
Distance contract: a contract in which, in the context of a system of distance sales of goods and/or services organized by Website Owner, use is made exclusively of one or more techniques of distance communication with Buyer, up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used for concluding a distance contract without Buyer and Website Owner and/or Seller being in the same room together at the same time;
General terms and conditions: the present general terms and conditions of the company.
ARTICLE 2 - IDENTITY OF THE SELLER
Name company; Taizhou Jiaojiang Xinqiluo Ecommerce Co,. ltd
Business address; 3F 301, Jvding International, Yijia Rd,Jiaojiang in Taizhou, Zhejiang, China.
Visiting address, if different from the business address; -
Telephone number and time(s) at which the company can be reached by telephone;
E-mail address; 2870180420@qq.com
Netherlands Chamber of Commerce; -
VAT identification number. -
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer made by the company and to every distance contract and order placed between Seller and Buyer.
The text of these general terms and conditions will be made available to Buyer before the distance contract is concluded. If this is reasonably impossible, it shall be indicated before the distance contract is concluded in what way the general terms and conditions can be inspected at Website Owner and that they will be sent on request to Buyer as soon as possible and free of charge.
If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available to Buyer electronically prior to the conclusion of the distance contract in such a way that it can be easily stored by Buyer on a durable medium. If this is reasonably impossible, it shall be indicated prior to the conclusion of the distance agreement, where the general terms and conditions can be viewed electronically and that they will be sent electronically or in any other way free of charge at Buyer's request.
In the event that specific good or service conditions apply in addition to these general terms and conditions, the second and third paragraph shall apply and in case of conflicting terms, Buyer may always rely on the applicable stipulation that is most favourable to him.
In the event that one or more stipulations in these general terms and conditions are wholly or partially nullified or nullified at any time, these general terms and conditions shall remain in force for the rest and the relevant nullified or nullified stipulation shall, in mutual consultation, be immediately replaced by a stipulation that approximates the scope of the original as closely as possible.
Situations which are not stipulated in these general terms and conditions shall be assessed in the light of these general terms and conditions.
Lack of clarity about the explanation or content of one or more stipulations of our terms and conditions, should be explained in the light of these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made subject to conditions with suspensive or resolutive effect, or any other condition, this will be expressly stated in the offer.
The offer of Website Owner is non-binding. Website Owner is entitled to change and amend the offer.
Website Owner's offer contains a description of the goods and/or services offered, which is complete and accurate at all times. The offer contains a sufficiently detailed description to enable Buyer to make a proper assessment of the offer. Should Website Owner make use of any images that imply that these images show the offered good, they are a true representation of the offered goods and/or services. Obvious mistakes or obvious errors in the offer are not binding for Website Owner.
Product images are a true representation of the goods on offer. However, Website Owner cannot guarantee that the colours shown correspond exactly to the real colours of the goods.
Any offer contains information for the customer on the rights and obligations that apply to the purchase or agreement, which take effect the moment the offer is accepted. This concerns in particular:
the price including taxes;
any shipping costs;
the way in which the contract will be concluded and what actions are necessary;
whether or not the rate for distance communication is charged if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
if the contract is archived after its conclusion and in what way it can be consulted by Buyer;
the minimum duration of the distance contract in the case of a duration transaction;
application of the right of withdrawal;
the method of payment, delivery and performance of the contract;
ARTICLE 5 - THE AGREEMENT
The contract is, subject to the provisions of paragraph 4, concluded at the time of acceptance by Buyer of the offer and compliance with the conditions set.
If Buyer has accepted the offer electronically, Website Owner will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Website Owner, Buyer may dissolve the contract.
If the contract is concluded electronically, Website Owner will take appropriate technical and organisational measures to protect the electronic transmission of data and will ensure a secure web environment. If Buyer can pay electronically, Website Owner will take appropriate security measures.
Website Owner can - within the legal framework - inform himself whether Buyer can fulfil his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Website Owner has good grounds not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to impose special conditions on its execution.
Website Owner will provide the following information to Buyer, either written or in such a way that Buyer can store it in an accessible manner on a durable medium, at the latest upon delivery of the good, service or digital content:
the visiting address of the establishment of Website Owner where Buyer can lodge complaints;
the conditions under which and the way in which Buyer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
the information about existing after-sales service and guarantees;
the price of the good, service or digital content, including taxes;
the costs of delivery, where applicable;
the method of payment, delivery or performance of the distance contract;
the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
the model withdrawal form in the event that Buyer has a right of withdrawal.
The provision of the previous paragraph shall apply only to the first delivery in the case of a duration transaction.
ARTICLE 6 - RIGHT OF WITHDRAWAL
On delivery of goods:
When purchasing goods, Buyer has the option of dissolving the contract without giving any reasons for 14 calendar days.
This cooling-off period starts on the day after receipt of the goods by Buyer or an authorised representative designated in advance by Buyer and notified to Website Owner.
If:
Buyer has ordered several goods in the same order, the cooling-off period starts on the day on which Buyer, or a third party designated by Buyer, has received the last good. Website Owner may refuse an order for several goods with different delivery times, provided that Buyer has been clearly informed of this prior to the ordering process.
the delivery of a good consists of several shipments or parts, the cooling-off period starts on the day on which Buyer, or a third party designated by Buyer, has received the last shipment or the last part;
the contract is for the regular delivery of goods during a certain period, the cooling-off period starts on the day on which Buyer, or a third party designated by Buyer, has received the first good.
For services and digital content which are not supplied on a tangible medium:
In the event that a service contract or a contract for the supply of digital content is not supplied on a tangible medium, Buyer may dissolve the contract for a period of 14 days without giving any reasons. These 14 days will start on the day following the conclusion of the contract.
Extended cooling-off period for goods, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
In the event that Website Owner has not provided Buyer with the legally required information concerning the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the initial cooling-off period determined in accordance with the previous paragraphs of this article.
If Website Owner has provided Buyer with the information referred to in the previous paragraph within twelve months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the date on which Buyer has received that information.
During the cooling-off period, Buyer will handle the good and packaging with care. He will only unpack or use the good to the extent necessary to assess whether he wishes to keep the good. If he exercises his right of withdrawal, he will return the good with all delivered items and - if reasonably possible - in its original condition and packaging to the company, in accordance with the reasonable and clear instructions provided by Seller.
If Buyer wishes to exercise his right of withdrawal, he is obliged to inform Website Owner of this within 14 days after receipt of the good. Buyer must make this notification by means of the model withdrawal form. Buyer must return the good within 14 days after having notified that he wishes to exercise his right of withdrawal. Buyer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If Buyer makes use of his right of withdrawal, at most the costs of returning the goods shall be at his expense.
Website Owner will refund the purchase amount as soon as possible, but no longer than 14 days after the withdrawal, in the same method used by Buyer. This requires that Website Owner receives the returned goods or proof of complete return of the goods.
Any reduction in value of the good caused by careless handling will be borne by Buyer. This cannot be invoked if the company has not provided all legally required information regarding the right of withdrawal. This must be done prior to the conclusion of the purchase contract.
ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL
Exclusion of the right of withdrawal is only possible if Website Owner has clearly stated this in the offer, or at least well in advance of the conclusion of the contract, and if it concerns one of the goods listed in paragraphs 2 and 3.
Exclusion is only possible for the following goods:
that have been created by Website Owner in accordance with Buyer’s specifications;
that are clearly of a personal nature;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market which are beyond the company’s control;
for individual newspapers and magazines;
for audio and video recordings and computer software of which Buyer has broken the seal;
for hygienic products of which Buyer has broken the seal.
exclusion of the right of withdrawal is possible only for services:
concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
the supply of which has been started with Buyer’s explicit permission before the expiration of the cooling-off period;
concerning betting 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.
Contrary to the previous paragraph, the company may offer goods or services whose prices are subject to fluctuations in the financial market and on which Seller has no influence, with variable prices. These fluctuations and the fact that any stated prices are target prices, are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if Website Owner has stipulated this and:
these are the result of legal regulations or provisions; or
Buyer has the right to cancel the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of goods or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the company is not obliged to deliver the good at the wrong price.
ARTICLE 10 – CONFORMITY AND WARRANTY
Seller guarantees that the goods and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the contract. If agreed, Seller also guarantees that the good is suitable for other than normal use.
A warranty offered by Seller, manufacturer or importer does not affect the legal rights and claims that Buyer may assert against Seller under the contract. This includes any commitment of Seller and Website Owner, its supplier, importer or manufacturer in which it grants Buyer certain rights or claims which go beyond what it is legally obliged to do if it has failed to perform its part of the contract.
Any shortcomings or wrongly delivered goods must be reported to the company in writing within 4 weeks after delivery. Goods must be returned in their original packaging and in new condition.
The warranty does not apply if:
Buyer has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties;
the products supplied have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of Seller and/or the packaging;
the defect is wholly or partly the result of regulations laid down or to be laid down by the authorities with regard to the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND PERFORMANCE
Seller and Website Owner will take the greatest possible care in receiving and executing orders of goods and in assessing applications for the provision of services.
The goods are shipped directly to Buyer's delivery address. If Seller is established outside the EU, goods will be imported in Buyer's name and Buyer will be responsible for any import VAT and customs clearance costs. Buyer indicates the delivery address at which he wishes to receive the goods.
Subject to what is stated in paragraph 4 of this article, the company will accept orders expeditiously but within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be carried out, Buyer will be informed of this no later than 30 days after the order has been placed. In that case, Buyer has the right to dissolve the contract free of charge. Buyer is not entitled to compensation.
All delivery times are indicative. Buyer cannot derive any rights from any of these delivery times. Exceeding a delivery time does not give Buyer any right to compensation.
In case of cancellation in accordance with paragraph 3 of this article, Website Owner will refund the amount paid by Buyer as soon as possible, but at the latest within 14 days after cancellation.
If delivery of an ordered good turns out to be impossible, Website Owner will make every effort to have a replacement good available. At the latest on delivery, it will be clearly and comprehensible notification will be made that a replacement good will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be at the expense of Seller.
The risk of damage to and/or loss of goods rests with Seller until the moment of delivery to Buyer or a representative designated in advance and made known to Website Owner, unless explicitly agreed otherwise.
ARTICLE 12 – EXTENDED DURATION TRANSACTIONS: DURATION, TERMINATION AND PROLONGATION
Termination
Buyer may terminate a contract that has been entered into for an indefinite period of time and that provides for the regular delivery of goods (including electricity) or services at any time subject to the agreed termination rules and a maximum notice of one month.
Buyer may terminate a fixed-term contract that has been entered into for the regular delivery of goods (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a maximum notice of one month.
Buyer may terminate the contracts referred to in the previous paragraphs:
at any time and not limited to termination at a specific time or in a specific period of time;
at least in the same way as they have been entered into by him;
at any time with the same notice period as Website Owner has stipulated for himself.
Prolongation
A fixed-term contract for the regular delivery of goods (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, a fixed-term contract that has been entered into for the regular delivery of dailies, weeklies, newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if Buyer is able to terminate this renewed contract at the end of the renewal with a maximum notice of one month.
A fixed-term contract for the regular delivery of goods or services may only be tacitly renewed for an indefinite period of time if Buyer may terminate the contract at any time with a maximum notice of one month and a maximum notice of three months if the contract is for the regular delivery of dailies, weeklies, newspapers and magazines, but less than once a month.
A contract of limited duration for the regular delivery of dailies, weeklies, newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, Buyer may terminate the contract after one year at any time with a maximum notice of one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the payments owed by Buyer must be made within 7 working days after the start of the cooling-off period as referred to in paragraph 1 of article 6. In case of a contract for a service, this period will start after Buyer has received confirmation of the contract.
Buyer has the duty to report any inaccuracies in the payment details provided or stated to Website Owner without delay.
In the event of non-payment by Buyer, Website Owner has the right, except for legal restrictions, to charge Buyer reasonable costs made known in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
Seller has a sufficiently communicated complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted within a reasonable time, fully and clearly described to Website Owner, after Buyer has discovered the shortcomings.
Complaints submitted to Website Owner will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Website Owner will respond within the period of 14 days with a confirmation of receipt and an indication when Buyer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement.
ARTICLE 15 - DISPUTES
Contracts between Website Owner on behalf of Seller and Buyer to which these general terms and conditions apply are governed exclusively by Dutch law.
ARTICLE 16 – ADDITIONAL OR DIFFERENT STIPULATIONS
Additional stipulations or stipulations deviating from these general terms and conditions may not be disadvantageous to Buyer and must be recorded in writing or in such a way that they can be stored by Buyer in an accessible way on a durable medium.
COMPANY STRUCTURE
The offer of movable goods on Website is not sold by Website Owner, but by Seller. The purchase of movable goods is therefore subject to a contract between Buyer and Seller. Website Owner is therefore not a party to this contract of sale. The general terms and conditions applicable between Seller and Buyer are included in this document for convenience. Please note that these general terms and conditions apply between Buyer and Seller and are therefore not revocable against Website Owner.
If Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European “Remote Buying” directive applies. This directive contains, among others, the following rights and guarantees:
- Seller must provide Buyer with information regarding taxes, payment, delivery and performance of the agreement, unambiguously and in writing.
- Buyer will receive the order within 30 days, unless otherwise agreed with Seller. If the movable goods in question are not (or no longer) available, Seller is obliged to inform Buyer of this. Any payments must be refunded within 30 days, unless Seller delivers a comparable movable good.
- Buyer has a right of withdrawal, which means Buyer can withdraw the purchase within a period of at least 14 days without stating any reasons. Any shipping costs will be charged to Buyer. Any payments or deposits must be refunded within thirty days.
ARTICLE 1 - DEFINITIONS
In these mediation terms and conditions, the following definitions shall apply:
Website: platform made available via www.novalu.no, including all associated subdomains.
Website Owner: The Happiness Group, which is established at Sint Annastraat 78, the Netherlands, and registered with the Netherlands Chamber of Commerce with number 78669960.
Buyer: the person making a purchase on the above-mentioned website.
Seller: company which, either as a producer or as a trader, sells movable goods to Buyer.
ARTICLE 2 - BUYER'S RIGHTS
If Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European “Remote Buying” directive applies. This directive contains, among others, the following rights and guarantees:
Seller must provide Buyer with information regarding taxes, payment, delivery and performance of the agreement, unambiguously and in writing.
Buyer will receive the order within 30 days, unless otherwise agreed with Seller. If the movable goods in question are not (or no longer) available, Seller is obliged to inform Buyer of this. Any payments must be refunded within 30 days, unless Seller delivers a comparable movable good.
Buyer has a right of withdrawal, which means Buyer can withdraw the purchase within a period of at least 14 days without stating any reasons. Any shipping costs will be charged to Buyer. Any payments or deposits must be refunded within thirty days.
ARTICLE 3 - NATURE OF THE MEDIATION SERVICE
The offer of movable goods on Website is not sold by Website Owner, but by Seller. The purchase of movable goods is therefore subject to a contract between Buyer and Seller. Website Owner is therefore not a party to this contract of sale.
Via the Website, certain movable goods are purchased from Seller, who may or may not be established in the European Union.
The service provided by Website Owner is a mediation service provided to Seller. When a movable good is ordered via the Website, Website Owner is authorised to act as Seller's intermediary and to order the movable good from Seller of the movable good in question, in the name of Buyer and on Buyer's behalf.
If actual Seller is established outside the EU and as a result the movable good in question has to be imported, this will take place under Buyer's name. Additional costs, such as import VAT and (customs) clearance costs shall be borne by Buyer.
ARTICLE 4 – PAYMENT
The processing of the payment for the purchased good is carried out via Website Owner. Website Owner is also responsible for the transmission of the payment to actual Seller.
The prices stated on the Website differ from the amounts transmitted to actual Seller by Website Owner. The difference between the amount paid by Buyer and the amount paid to actual Seller is the compensation for the mediation service provided by Website Owner to Seller.
ARTICLE 5 - COMPLAINTS PROCEDURE
In the event that Buyer is dissatisfied with the manner in which the (mediation) agreement has been executed, this can be communicated to Website Owner via the contact details mentioned on the Website. Every message submitted by Buyer will be dealt with by Website Owner with the greatest care and as soon as possible. Website Owner will provide Buyer with a substantive response no more than 14 days after receipt of the message.
In the event of dissatisfaction with the procedure referred to in paragraph 1 of this article, Buyer may turn to the disputes committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).
General terms and conditions
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the seller
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Extended duration transactions: duration, termination and prolongation
Article 13 – Payment
Article 14 - Complaints procedure
Article 15 – Disputes
Article 16 - Additional or different stipulations
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions shall apply:
Additional contract: a contract under which Buyer acquires goods, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Seller or by a third party on the basis of a contract between that third party and Seller;
Withdrawal period: the period during which Buyer may exercise his right of withdrawal;
Buyer: the natural person not acting in the pursuit of a trade, business or craft and who concludes a contract with Seller;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration transaction: a contract relating to a series of goods and/or services for which the obligation to supply and/or purchase is spread over time;
Durable medium: any (auxiliary) instrument that enables Buyer or Website Owner to store information addressed personally to them in a way accessible to future reference adequate to the purpose of the information and which allows the unchanged reproduction of the information stored, including e-mail;
Right of withdrawal: the possibility for Buyer to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the withdrawal form made available to Buyer by Website Owner and which can be completed by Buyer when he or she wishes to exercise his right of withdrawal;
Website Owner: the natural person or legal entity that acts as an intermediary on behalf of Seller and offers goods and/or (access to) digital content and/or services to Buyers at a distance;
Distance contract: a contract in which, in the context of a system of distance sales of goods and/or services organized by Website Owner, use is made exclusively of one or more techniques of distance communication with Buyer, up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used for concluding a distance contract without Buyer and Website Owner and/or Seller being in the same room together at the same time;
General terms and conditions: the present general terms and conditions of the company.
ARTICLE 2 - IDENTITY OF THE SELLER
Name company; Taizhou Jiaojiang Xinqiluo Ecommerce Co,. ltd
Business address; 3F 301, Jvding International, Yijia Rd,Jiaojiang in Taizhou, Zhejiang, China.
Visiting address, if different from the business address; -
Telephone number and time(s) at which the company can be reached by telephone;
E-mail address; 2870180420@qq.com
Netherlands Chamber of Commerce; -
VAT identification number. -
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer made by the company and to every distance contract and order placed between Seller and Buyer.
The text of these general terms and conditions will be made available to Buyer before the distance contract is concluded. If this is reasonably impossible, it shall be indicated before the distance contract is concluded in what way the general terms and conditions can be inspected at Website Owner and that they will be sent on request to Buyer as soon as possible and free of charge.
If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available to Buyer electronically prior to the conclusion of the distance contract in such a way that it can be easily stored by Buyer on a durable medium. If this is reasonably impossible, it shall be indicated prior to the conclusion of the distance agreement, where the general terms and conditions can be viewed electronically and that they will be sent electronically or in any other way free of charge at Buyer's request.
In the event that specific good or service conditions apply in addition to these general terms and conditions, the second and third paragraph shall apply and in case of conflicting terms, Buyer may always rely on the applicable stipulation that is most favourable to him.
In the event that one or more stipulations in these general terms and conditions are wholly or partially nullified or nullified at any time, these general terms and conditions shall remain in force for the rest and the relevant nullified or nullified stipulation shall, in mutual consultation, be immediately replaced by a stipulation that approximates the scope of the original as closely as possible.
Situations which are not stipulated in these general terms and conditions shall be assessed in the light of these general terms and conditions.
Lack of clarity about the explanation or content of one or more stipulations of our terms and conditions, should be explained in the light of these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made subject to conditions with suspensive or resolutive effect, or any other condition, this will be expressly stated in the offer.
The offer of Website Owner is non-binding. Website Owner is entitled to change and amend the offer.
Website Owner's offer contains a description of the goods and/or services offered, which is complete and accurate at all times. The offer contains a sufficiently detailed description to enable Buyer to make a proper assessment of the offer. Should Website Owner make use of any images that imply that these images show the offered good, they are a true representation of the offered goods and/or services. Obvious mistakes or obvious errors in the offer are not binding for Website Owner.
Product images are a true representation of the goods on offer. However, Website Owner cannot guarantee that the colours shown correspond exactly to the real colours of the goods.
Any offer contains information for the customer on the rights and obligations that apply to the purchase or agreement, which take effect the moment the offer is accepted. This concerns in particular:
the price including taxes;
any shipping costs;
the way in which the contract will be concluded and what actions are necessary;
whether or not the rate for distance communication is charged if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
if the contract is archived after its conclusion and in what way it can be consulted by Buyer;
the minimum duration of the distance contract in the case of a duration transaction;
application of the right of withdrawal;
the method of payment, delivery and performance of the contract;
ARTICLE 5 - THE AGREEMENT
The contract is, subject to the provisions of paragraph 4, concluded at the time of acceptance by Buyer of the offer and compliance with the conditions set.
If Buyer has accepted the offer electronically, Website Owner will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Website Owner, Buyer may dissolve the contract.
If the contract is concluded electronically, Website Owner will take appropriate technical and organisational measures to protect the electronic transmission of data and will ensure a secure web environment. If Buyer can pay electronically, Website Owner will take appropriate security measures.
Website Owner can - within the legal framework - inform himself whether Buyer can fulfil his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Website Owner has good grounds not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to impose special conditions on its execution.
Website Owner will provide the following information to Buyer, either written or in such a way that Buyer can store it in an accessible manner on a durable medium, at the latest upon delivery of the good, service or digital content:
the visiting address of the establishment of Website Owner where Buyer can lodge complaints;
the conditions under which and the way in which Buyer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
the information about existing after-sales service and guarantees;
the price of the good, service or digital content, including taxes;
the costs of delivery, where applicable;
the method of payment, delivery or performance of the distance contract;
the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
the model withdrawal form in the event that Buyer has a right of withdrawal.
The provision of the previous paragraph shall apply only to the first delivery in the case of a duration transaction.
ARTICLE 6 - RIGHT OF WITHDRAWAL
On delivery of goods:
When purchasing goods, Buyer has the option of dissolving the contract without giving any reasons for 14 calendar days.
This cooling-off period starts on the day after receipt of the goods by Buyer or an authorised representative designated in advance by Buyer and notified to Website Owner.
If:
Buyer has ordered several goods in the same order, the cooling-off period starts on the day on which Buyer, or a third party designated by Buyer, has received the last good. Website Owner may refuse an order for several goods with different delivery times, provided that Buyer has been clearly informed of this prior to the ordering process.
the delivery of a good consists of several shipments or parts, the cooling-off period starts on the day on which Buyer, or a third party designated by Buyer, has received the last shipment or the last part;
the contract is for the regular delivery of goods during a certain period, the cooling-off period starts on the day on which Buyer, or a third party designated by Buyer, has received the first good.
For services and digital content which are not supplied on a tangible medium:
In the event that a service contract or a contract for the supply of digital content is not supplied on a tangible medium, Buyer may dissolve the contract for a period of 14 days without giving any reasons. These 14 days will start on the day following the conclusion of the contract.
Extended cooling-off period for goods, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
In the event that Website Owner has not provided Buyer with the legally required information concerning the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the initial cooling-off period determined in accordance with the previous paragraphs of this article.
If Website Owner has provided Buyer with the information referred to in the previous paragraph within twelve months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the date on which Buyer has received that information.
During the cooling-off period, Buyer will handle the good and packaging with care. He will only unpack or use the good to the extent necessary to assess whether he wishes to keep the good. If he exercises his right of withdrawal, he will return the good with all delivered items and - if reasonably possible - in its original condition and packaging to the company, in accordance with the reasonable and clear instructions provided by Seller.
If Buyer wishes to exercise his right of withdrawal, he is obliged to inform Website Owner of this within 14 days after receipt of the good. Buyer must make this notification by means of the model withdrawal form. Buyer must return the good within 14 days after having notified that he wishes to exercise his right of withdrawal. Buyer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If Buyer makes use of his right of withdrawal, at most the costs of returning the goods shall be at his expense.
Website Owner will refund the purchase amount as soon as possible, but no longer than 14 days after the withdrawal, in the same method used by Buyer. This requires that Website Owner receives the returned goods or proof of complete return of the goods.
Any reduction in value of the good caused by careless handling will be borne by Buyer. This cannot be invoked if the company has not provided all legally required information regarding the right of withdrawal. This must be done prior to the conclusion of the purchase contract.
ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL
Exclusion of the right of withdrawal is only possible if Website Owner has clearly stated this in the offer, or at least well in advance of the conclusion of the contract, and if it concerns one of the goods listed in paragraphs 2 and 3.
Exclusion is only possible for the following goods:
that have been created by Website Owner in accordance with Buyer’s specifications;
that are clearly of a personal nature;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market which are beyond the company’s control;
for individual newspapers and magazines;
for audio and video recordings and computer software of which Buyer has broken the seal;
for hygienic products of which Buyer has broken the seal.
exclusion of the right of withdrawal is possible only for services:
concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
the supply of which has been started with Buyer’s explicit permission before the expiration of the cooling-off period;
concerning betting 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.
Contrary to the previous paragraph, the company may offer goods or services whose prices are subject to fluctuations in the financial market and on which Seller has no influence, with variable prices. These fluctuations and the fact that any stated prices are target prices, are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if Website Owner has stipulated this and:
these are the result of legal regulations or provisions; or
Buyer has the right to cancel the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of goods or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the company is not obliged to deliver the good at the wrong price.
ARTICLE 10 – CONFORMITY AND WARRANTY
Seller guarantees that the goods and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the contract. If agreed, Seller also guarantees that the good is suitable for other than normal use.
A warranty offered by Seller, manufacturer or importer does not affect the legal rights and claims that Buyer may assert against Seller under the contract. This includes any commitment of Seller and Website Owner, its supplier, importer or manufacturer in which it grants Buyer certain rights or claims which go beyond what it is legally obliged to do if it has failed to perform its part of the contract.
Any shortcomings or wrongly delivered goods must be reported to the company in writing within 4 weeks after delivery. Goods must be returned in their original packaging and in new condition.
The warranty does not apply if:
Buyer has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties;
the products supplied have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of Seller and/or the packaging;
the defect is wholly or partly the result of regulations laid down or to be laid down by the authorities with regard to the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND PERFORMANCE
Seller and Website Owner will take the greatest possible care in receiving and executing orders of goods and in assessing applications for the provision of services.
The goods are shipped directly to Buyer's delivery address. If Seller is established outside the EU, goods will be imported in Buyer's name and Buyer will be responsible for any import VAT and customs clearance costs. Buyer indicates the delivery address at which he wishes to receive the goods.
Subject to what is stated in paragraph 4 of this article, the company will accept orders expeditiously but within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be carried out, Buyer will be informed of this no later than 30 days after the order has been placed. In that case, Buyer has the right to dissolve the contract free of charge. Buyer is not entitled to compensation.
All delivery times are indicative. Buyer cannot derive any rights from any of these delivery times. Exceeding a delivery time does not give Buyer any right to compensation.
In case of cancellation in accordance with paragraph 3 of this article, Website Owner will refund the amount paid by Buyer as soon as possible, but at the latest within 14 days after cancellation.
If delivery of an ordered good turns out to be impossible, Website Owner will make every effort to have a replacement good available. At the latest on delivery, it will be clearly and comprehensible notification will be made that a replacement good will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be at the expense of Seller.
The risk of damage to and/or loss of goods rests with Seller until the moment of delivery to Buyer or a representative designated in advance and made known to Website Owner, unless explicitly agreed otherwise.
ARTICLE 12 – EXTENDED DURATION TRANSACTIONS: DURATION, TERMINATION AND PROLONGATION
Termination
Buyer may terminate a contract that has been entered into for an indefinite period of time and that provides for the regular delivery of goods (including electricity) or services at any time subject to the agreed termination rules and a maximum notice of one month.
Buyer may terminate a fixed-term contract that has been entered into for the regular delivery of goods (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a maximum notice of one month.
Buyer may terminate the contracts referred to in the previous paragraphs:
at any time and not limited to termination at a specific time or in a specific period of time;
at least in the same way as they have been entered into by him;
at any time with the same notice period as Website Owner has stipulated for himself.
Prolongation
A fixed-term contract for the regular delivery of goods (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, a fixed-term contract that has been entered into for the regular delivery of dailies, weeklies, newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if Buyer is able to terminate this renewed contract at the end of the renewal with a maximum notice of one month.
A fixed-term contract for the regular delivery of goods or services may only be tacitly renewed for an indefinite period of time if Buyer may terminate the contract at any time with a maximum notice of one month and a maximum notice of three months if the contract is for the regular delivery of dailies, weeklies, newspapers and magazines, but less than once a month.
A contract of limited duration for the regular delivery of dailies, weeklies, newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, Buyer may terminate the contract after one year at any time with a maximum notice of one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the payments owed by Buyer must be made within 7 working days after the start of the cooling-off period as referred to in paragraph 1 of article 6. In case of a contract for a service, this period will start after Buyer has received confirmation of the contract.
Buyer has the duty to report any inaccuracies in the payment details provided or stated to Website Owner without delay.
In the event of non-payment by Buyer, Website Owner has the right, except for legal restrictions, to charge Buyer reasonable costs made known in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
Seller has a sufficiently communicated complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted within a reasonable time, fully and clearly described to Website Owner, after Buyer has discovered the shortcomings.
Complaints submitted to Website Owner will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Website Owner will respond within the period of 14 days with a confirmation of receipt and an indication when Buyer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement.
ARTICLE 15 - DISPUTES
Contracts between Website Owner on behalf of Seller and Buyer to which these general terms and conditions apply are governed exclusively by Dutch law.
ARTICLE 16 – ADDITIONAL OR DIFFERENT STIPULATIONS
Additional stipulations or stipulations deviating from these general terms and conditions may not be disadvantageous to Buyer and must be recorded in writing or in such a way that they can be stored by Buyer in an accessible way on a durable medium.