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 period.
  • Durable data carrier: Tools (e.g., email) for storing/accessing information.
  • Right of withdrawal: Consumers may end distance contracts during the reflection period.
  • Entrepreneur: Entity providing products/services/digital content to consumers remotely.
  • Distance contract: Contract formed via remote communication (no in-person meeting).
  • Sample withdrawal form: Included in Annex I (unless withdrawal rights don’t apply).
  • Remote communication technology: Enables contract formation without in-person interaction.

Applicability:
These terms apply to all offers and distance contracts between the entrepreneur and consumers.

  • Before contracting, terms are made available to consumers. For electronic contracts, terms may be provided digitally for easy storage; if not, access details are given, and terms are sent free upon request.
  • Specific product/service terms follow the same rules. In case of conflicts, consumers may rely on the most favorable terms.

Offers:

  • Offers include full, accurate descriptions of products/services/digital content (images must be accurate). Obvious errors don’t bind the entrepreneur.
  • Offers detail rights/obligations for accepting the offer.

Contract Formation:

  • A contract is formed when the consumer accepts the offer and meets conditions (unless paragraph 4 applies).
  • Electronic acceptance triggers immediate electronic confirmation; consumers may withdraw until confirmation.
  • Entrepreneurs ensure secure electronic transmission/payment (if applicable).
  • Entrepreneurs may verify consumers’ ability to pay. Legitimate reasons to reject an order (with justification) or impose conditions are allowed.

Post-Contract Information:
By delivery, consumers receive (in writing/durable form):

  • Complaint submission address.
  • Withdrawal conditions/methods (or exclusion notice).
  • Guarantee/after-sales details.
  • Prices (including taxes, delivery fees), payment/delivery methods.
  • Termination requirements for contracts over 1 year or indefinite.
  • Model withdrawal form (if applicable).
  • For forward transactions, this applies to the first delivery.

Right of Withdrawal:

  • Consumers may cancel product orders within 14 days via email ([email protected]) without reason. Traders may ask but not require an explanation.
  • The 14-day period starts:
    • For single products: The day after receipt by the consumer/designated third party.
    • For multiple products (same order): The day after the last product is received.
    • For 分批交付 (batches/parts): The day after the last batch/part is received.

Pricing:

  • Prices (including VAT) are fixed during promotions, except for tax-related changes.

Delivery/Performance:

  • Entrepreneurs process orders carefully.
  • Delivery to the address provided by the consumer.
  • Orders are fulfilled within 30 days (or agreed date). Delays/partial fulfillment are communicated within 30 days; consumers may withdraw for free and claim compensation.
  • Entrepreneurs bear risk of damage/loss until delivery.

Complaints:

  • Complaints must be submitted clearly within a reasonable time after discovering issues.
  • Entrepreneurs respond within 14 days (or confirm receipt with a timeline for a full response).
  • Consumers must allow 4 weeks for resolution; unresolved issues proceed to dispute resolution.

Additional Conditions:
Extra/different terms must not harm consumers and must be in writing/durable form, accessible to consumers.