TERMS OF USE
Definitions
- Reflection period: Time for consumers to exercise the right of withdrawal.
- Consumer: A natural person acting outside trade/business.
- Day: Calendar day.
- Digital content: Data provided digitally.
- Permanent contract: Covers regular delivery of goods/services/digital content over a specified period.
- Durable data carrier: Tools (e.g., email) allowing storage/retrieval of information unchanged.
- Right of withdrawal: Consumers may terminate distance contracts during the reflection period.
- Entrepreneur: Entity providing products/services/digital content to consumers remotely.
- Distance contract: Contract between entrepreneur and consumer via remote communication (no in-person meeting).
- Sample withdrawal form: In Annex I (not required if withdrawal right is excluded).
- Remote communication technology: Enables contract conclusion without in-person meeting.
Applicability
These terms apply to all entrepreneur offers and distance contracts with consumers.
Before concluding the contract, the terms must be made available to the consumer. For electronic contracts, terms may be provided electronically (storable on durable carriers) or via a link; upon request, they will be sent free of charge.
If specific product/service terms apply, they follow the same rules. In case of conflicts, consumers may rely on the most favorable terms.
Quotation
Offers include accurate, detailed descriptions of products/services (images must be truthful). Obvious errors do not bind the entrepreneur. Offers also outline consumer rights/obligations for accepting the offer.
Contract Conclusion
The contract is formed when the consumer accepts the offer (per specified conditions).
For electronic acceptance, the entrepreneur must immediately confirm receipt; consumers may withdraw until confirmation.
Electronic contracts require secure data transmission/payment measures. Entrepreneurs may verify consumers’ ability to pay; if justified, they may reject orders or impose conditions.
By delivery (or first delivery for ongoing contracts), the entrepreneur must provide (in writing or storable form):
- Complaint submission address;
- Withdrawal conditions/methods (or exclusion notice);
- Warranty/after-sales info;
- Prices (including taxes, delivery fees), payment/delivery terms;
- Termination rules (for contracts over 1 year or indefinite);
- Sample withdrawal form (if applicable).
Right of Withdrawal
Consumers may terminate product purchase contracts within 14 days (no reason required) via email to [email protected]. Entrepreneurs may ask for reasons but cannot require them.
The withdrawal period starts:
- The day after the consumer/designated third party receives the product;
- For multiple products in one order: The day the last product is received;
- For 分批交付 (batches/parts): The day the last batch/part is received.
Price
Prices remain unchanged during promotional periods (unless tax rates change) and include VAT.
Delivery & Performance
Entrepreneurs handle orders carefully. Delivery is to the address provided in the order.
Orders must be fulfilled within 30 days (or agreed date). Delays, partial fulfillment, or inability to fulfill must be notified to consumers within 30 days of ordering; consumers may then withdraw free of charge and receive refunds.
Risk of damage/loss rests with the entrepreneur until delivery.
Complaints Procedure
Entrepreneurs have an open complaints process. Complaints must be submitted clearly/fully within a reasonable period of discovering issues.
Complaints are processed within 14 days; for complex cases, the entrepreneur will confirm receipt within 14 days and state when a detailed response is expected. Consumers must allow 4 weeks for resolution before disputes proceed to formal resolution.
Additional Terms
Additional/different terms must not harm consumers and must be recorded in writing or on a durable data carrier.