TERMS OF USE

Definitions

  • Reflection period: Time for consumers to exercise the right of withdrawal.
  • Consumer: A natural person acting outside trade/business/profession.
  • Day: Calendar day.
  • Digital content: Data provided digitally.
  • Permanent contract: Covers regular delivery of goods/services/digital content over a period.
  • Durable data carrier: Tools (e.g., email) allowing storage/unchanged access to information.
  • Right of withdrawal: Consumers may terminate distance contracts during the reflection period.
  • Entrepreneur: Entity providing products/services/digital content to consumers remotely.
  • Distance contract: Concluded remotely via communication tech, without in-person meetings.
  • Sample withdrawal form: In Annex I (only required if withdrawal rights apply).

Applicability

These terms apply to all the entrepreneur’s offers and distance contracts with consumers.

  • Before concluding the contract, terms must be made available to consumers. For electronic contracts, terms may be provided electronically (for storage) or via a link; upon request, they will be sent free of charge.
  • If specific product/service terms apply, they follow the same rules. Conflicts between terms are resolved by applying the most favorable terms to the consumer.

Quotations

Offers must accurately describe products/services/digital content (with truthful images) and include info on rights/obligations. Obvious errors in offers do not bind the entrepreneur.

Contract Conclusion

  • A contract is formed when the consumer accepts the offer and meets its conditions, unless otherwise stated.
  • For electronic acceptance, the entrepreneur must immediately confirm receipt electronically; consumers may withdraw until confirmation.
  • Electronic contracts require secure data transmission/payment measures.
  • The entrepreneur may verify the consumer’s ability to pay. If justified, it may reject orders, apply special conditions, or provide reasons.

Upon delivery (or first delivery for ongoing contracts), the entrepreneur must provide (in writing or via durable carrier):

  • Complaint submission address;
  • Withdrawal conditions/methods (or exclusion notice);
  • Warranty/after-sales info;
  • Prices (including taxes, delivery fees), payment/delivery terms;
  • Termination requirements for contracts over 1 year or indefinite;
  • A sample withdrawal form (if withdrawal rights apply).

Right of Withdrawal

Consumers may terminate product purchase contracts within 14 days (no reason required) by emailing [email protected]. The entrepreneur may ask for reasons but cannot require them.

  • The 14-day period starts the day after the consumer (or their designated third party) receives the product.
  • For multiple products in one order: Starts when the last product is received.
  • For 分批交付 (batched/delivered in parts): Starts when the last batch/part is received.

Price

During promotions, prices remain unchanged except for tax rate adjustments. All prices include VAT.

Delivery & Performance

  • The entrepreneur processes orders carefully. Delivery is to the address provided in the order.
  • Orders must be fulfilled within 30 days (unless agreed otherwise). Delays, partial fulfillment, or inability to fulfill must be communicated to the consumer within 30 days of ordering, who may then withdraw freely and claim compensation.
  • Risk of damage/loss rests with the entrepreneur until delivery.

Complaints Procedure

  • Complaints must be submitted clearly and completely.
  • The entrepreneur responds within 14 days; for complex cases, it confirms receipt within 14 days and notes when a full response is expected.
  • Consumers must allow 4 weeks for mutual complaint resolution; unresolved issues proceed to dispute resolution.

Additional Conditions

Additional/different terms must not harm the consumer and must be recorded in writing or on a durable data carrier accessible to the consumer.