Allgemeine Bedingungen und Konditionen
Article 1 - Definitions
In these conditions, the following definitions apply:
Waiting period: the period within which the consumer can make use of his 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: calendar day;
Duration transaction: a distance contract that relates to a series of products and/or services, whereby the delivery and/or purchase obligation is spread over a certain period of time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible.
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 offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the trader for the distance selling of products and/or services, up to and including the moment of conclusion of the agreement, only one or more means of distance communication are used;
means of distance communication: means that can be used for the conclusion of an agreement without the consumer and trader being in the same room at the same time
General terms and conditions: the present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Jingcai Trading Limited
Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central Hong Kong
support@nuciancestore.com
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the trader's 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, by way of derogation from the previous paragraph, the text of these general terms and conditions will be made available to the consumer in electronic form before the distance contract is concluded in such a way that he can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge at his request, either electronically or otherwise.
If specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and the consumer can always invoke the provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions of these general terms and conditions should at any time be wholly or partially null and void or be annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced immediately by mutual agreement by a provision that comes as close as possible to the scope of the original provision.
Situations that are not covered by these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions must be interpreted "in the spirit" of these general terms and conditions.
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 without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
The images of the products are a faithful representation of the products offered. The company cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains information from which the consumer can see what rights and obligations are attached to the acceptance of the offer. This applies in particular to
the price, with the exception of customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service makes use of the special regulation for postal and courier services on import. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier company collects the VAT (also in conjunction with the customs clearance fee) from the recipient of the goods;
the cost of shipping, if any;
the manner in which the contract is to be concluded and what measures are required for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the contract;
the period for accepting the offer or the period within which the entrepreneur guarantees the price
the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer
the way in which the consumer can check and, if desired, correct the information he has provided in the contract before concluding it;
all languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
The minimum duration of the distance contract in the case of a longer transaction.
Optional: available sizes, colors, types of materials.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and the conditions set out therein are met.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer is able to pay electronically, the trader will take appropriate security measures.
The entrepreneur can - within the legal framework - inform himself about the consumer's ability to meet his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or application or to attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
1. the address of the trader's establishment to which the consumer can address complaints;
2. the conditions and the way in which the consumer can exercise his right of withdrawal or a clear statement on the exclusion of the right of withdrawal;
3. the information on guarantees and the existing after-sales service;
4. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the contract;
5. the conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a fixed-term contract, the provision in the previous paragraph only applies to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. 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 the entrepreneur.
During the cooling-off period, the consumer shall handle the product and the 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 shall return the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he must inform the entrepreneur within 14 days of receipt of the product. The consumer must do this in the form of a written notification/email. After the consumer has communicated that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, e.g. by means of a proof of posting.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the product shall be borne by the consumer.
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. The condition is that the goods have already been received by the trader or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has made this clear when making the offer or at least in good time before the contract is concluded.
The exclusion of the right of withdrawal is only possible for products
1. which have been created by the trader according to the consumer's specifications
2. which are clearly personal in nature
3. which cannot be returned due to their nature
4. that spoil or age quickly;
5. whose price is subject to fluctuations on the financial market over which the trader has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software whose seal has been broken by the consumer
8. for hygiene articles whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
1.concerning accommodation, transportation, catering or leisure activities to be provided on a specific date or during a specific period;
2. the supply of which has begun with the express consent of the consumer before the end of the cooling-off period;
3. on 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 may not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations in the financial market over which he has no control, at variable prices. This link to fluctuations and the fact that the prices quoted are recommended prices is mentioned in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has agreed to this and:
1. they result from statutory provisions or regulations; or
2. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
In accordance with Article 5(1) of the Value Added Tax Act 1968, the place of delivery is deemed to be the country in which transportation begins. In this case, the delivery takes place outside the EU. Accordingly, the postal or courier company will claim the import VAT and/or customs clearance costs from the customer. Therefore, the entrepreneur will not charge VAT.
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 and typesetting errors, the entrepreneur is not obliged to deliver the product at an incorrect price.
Article 10 - Compliance and warranty
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or fitness for purpose and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by 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 entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's guarantee period is the same as the manufacturer's guarantee period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is wholly or partly due to regulations that the government has issued or will issue with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or only partially be carried out, the consumer will be informed of this within 30 days of placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any 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 14 days after dissolution.
If the delivery of an ordered product is not possible, the entrepreneur will try to find a replacement product. The fact that a replacement product will be delivered will be communicated in a clear and comprehensible manner at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of the return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and communicated to the entrepreneur representative, unless expressly agreed otherwise.
Article 12 - Ongoing transactions: duration, termination and extension
Termination
The consumer can terminate the contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time the applicable rules for termination and a notice period of no more than one month.
The consumer may enter into a contract for a definite period that extends to the regular delivery of products (including electricity) or services, terminate at any time at the end of the fixed term the applicable termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs
terminate them at any time and not only at a specific time or during a specific period;
terminate them at least in the same way as they were concluded by him;
always terminate with the same notice period that the entrepreneur has set for himself.
Extension
A contract that has been concluded for a definite period and that extends to the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a definite period.
Contrary to the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be automatically renewed for a fixed term of no more than three months if the consumer has the right to terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.
A fixed-term contract for the regular delivery of products or the provision of services may only be automatically renewed for an indefinite period if the consumer has the right to terminate the contract at any time with a notice period of no more than one month, whereby the notice period may not exceed three months if the contract concerns the regular delivery of daily or weekly newspapers or magazines, but less than once a month.
A fixed-term contract for the regular supply of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract lasts longer than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness prevent termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts payable by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report any inaccuracies in the data provided or the payment indicated to the operator.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer all reasonable costs that have been communicated to the consumer in advance.
Article 14 - Complaints
Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader 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 resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Jingcai Trading Limited
Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central Hong Kong