Company Name: WHJ COMPANY LIMITED
Registration Number: 77189760
Address: RM 509, 5/F THE CLOUD 111 TUNG CHAU ST TAI KOK TSUI HONG KONG
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: a natural person who is not acting in the exercise of their profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: a natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby, up to and including the conclusion of the contract, only one or more remote communication techniques are used;
Remote communication technique: a means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same room.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company Name: WHJ COMPANY LIMITED
Registration Number: 77189760
Address: RM 509, 5/F THE CLOUD 111 TUNG CHAU ST TAI KOK TSUI HONG KONG
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and 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 reasonably not possible, before the distance contract is concluded, it will be stated that the general terms and conditions can be reviewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, deviating from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be reviewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
In cases where, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favourable to them in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are entirely or partially null and void or are annulled, the remaining provisions of the agreement and these terms and conditions will remain in effect and the relevant provision will be replaced by a provision that, as much as possible, reflects the original intention.
Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to amend or adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This includes in particular:
- the price including taxes;
- any shipping costs;
- the method of concluding the contract and the actions required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and performance of the contract;
- the period within which the offer can be accepted or the period within which the entrepreneur guarantees the price;
- the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the communication medium used;
- whether the contract will be archived after its conclusion, and if so, how the consumer can access it;
- the way in which the consumer can check and, if desired, correct the data provided by them before the conclusion of the contract;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the entrepreneur has subscribed and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colours, types of materials.
Article 5 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set for it.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance is 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 transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, inform themselves whether the consumer can meet their payment obligations, as well as any facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to conclude the contract, they are entitled to refuse an order or application with reasons or to attach special conditions to the performance.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on warranties and existing after-sales service;
d. the information referred to in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Each contract is concluded subject to the condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period starts on the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they wish to exercise their right of withdrawal, they must return the product with all delivered 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 exercise their right of withdrawal, they are obliged to inform the entrepreneur within 14 days of receiving the product. This notification must be made by means of a written message/email. After the consumer has communicated their wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If the customer has not communicated their wish to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are for the consumer’s account.
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, provided that the product has already been received by the web store or a conclusive proof of complete return has been provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only applicable if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
a. made by the entrepreneur according to the consumer’s specifications;
b. clearly personal in nature;
c. which by their nature cannot be returned;
d. that can spoil quickly or deteriorate;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer;
h. for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business, or leisure activities, if the contract provides for a specific date or period of execution;
b. the delivery of digital content other than on a tangible medium, if the execution has started with the consumer’s prior express consent and with the acknowledgment that they lose their right of withdrawal.
Article 9 – The Price
The prices of the products offered are not increased during the validity period stated in the offer, except for price changes due to changes in VAT rates.
In the case of a duration transaction, the price is only applicable during the validity period.
The prices mentioned in the offer of products or services are inclusive of VAT.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, and the reasonable requirements of reliability and/or usability.
Article 11 – Delivery and Execution
The entrepreneur will take the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the entrepreneur.
Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly, but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will receive a message no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the contract without charge.
In case 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 delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement product. No later than upon delivery, it will be clearly and comprehensively stated that a replacement product will be delivered. The right of withdrawal cannot be excluded for replacement products. The costs of returning the product are for the entrepreneur’s account.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Termination:
The consumer may terminate an agreement that has been entered into for an indefinite period at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a definite period by the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
Renewal:
An agreement that has been entered into for a definite period is automatically renewed for an indefinite period if the consumer does not terminate the agreement at the end of the fixed term.
The notice period for termination in the case of an agreement for an indefinite period is no more than one month.
Article 13 – Payment
The consumer must make payments according to the conditions stated in the offer and in the contract.
In the case of non-payment by the consumer, the entrepreneur has the right to charge reasonable costs for the reminder and collection, as well as any other costs related to the collection of the outstanding amounts.
Article 14 – Complaints Procedure
The entrepreneur has a complaints procedure and handles complaints according to this procedure.
The consumer must submit complaints about the performance of the contract within a reasonable time, after the consumer has identified the defects.
Complaints must be submitted to the entrepreneur in writing or by email. The entrepreneur will respond to complaints within 14 days of receipt.
Article 15 – Disputes
Dutch law applies to all agreements between the entrepreneur and the consumer. Disputes arising from these agreements will be submitted to the competent court in the Netherlands.