General Terms and Conditions

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

Withdrawal period: the period within which the consumer can make use of the right of withdrawal.

Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession and who 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, the supply and/or purchase obligation of which is spread over time.

Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the option for the consumer to cancel the distance contract within the withdrawal period.

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.

Distance contract: an agreement concluded within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement exclusive use is made of one or more means of distance communication.

Means of distance communication: means that can be used to conclude a contract without the consumer and the trader being in the same place at the same time.

General Terms and Conditions: these General Terms and Conditions.

Article 2 – Identity of the Entrepreneur

ECOMATIX LIMITED
Unit 2A, 17/F Glenealy Tower
No. 1 Glenealy Central
Hong-Kong

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding 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 store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and, in the event of conflicting terms, the consumer can always rely on the provision that is most favourable to him.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the remaining provisions will remain fully applicable and a new provision will be established in consultation without delay to replace it, whereby the purpose and scope of the original provision will be taken into account as much as possible.

Situations 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 these terms and conditions shall 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 made subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the products 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 representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Product images are a true representation of the products offered. The company cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer, in particular:

• The price, excluding customs clearance costs and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service will use the special scheme for postal and courier services for the import. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (possibly together with the customs clearance costs charged) from the recipient of the goods;
• any shipping costs;
• the manner in which the agreement is concluded and the actions required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic rate;
• whether the agreement is archived after it has been concluded and, if so, how it can be consulted by the consumer;
• the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in connection with the agreement;
• any other languages ​​in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the trader has submitted 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 long-term transaction. Optional: available sizes, colors, and types of materials.

Article 5 – The Agreement

Except as provided in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request, stating reasons, or to impose special conditions on its execution.

The entrepreneur will send the following information to the consumer 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 data carrier:

1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. 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;
3. information about warranties and existing after-sales service;
4. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the agreement is executed; and
5. the requirements 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 long-term transaction, the previous paragraph only applies to the first delivery.

Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

When purchasing products, consumers have the option to cancel the agreement within 14 days without giving reasons. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and announced to the company, receives the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If they exercise their right of withdrawal, they will return the product with all accessories supplied 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 required to notify the entrepreneur within 14 days of receiving the product. This notification must be made in writing or by email. After the consumer has indicated their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must be able to prove that the delivered goods were returned on time, for example, with proof of shipment.

If the consumer has not indicated that he or she wishes to exercise the right of withdrawal after the expiry of the periods mentioned in the previous paragraphs or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Revocation

If the consumer exercises the right of withdrawal, the costs of returning the products will 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 cancellation. This is subject to the condition that the product has already been received by the seller or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

1. which have been created by the entrepreneur in accordance with the consumer's specifications;
2. that are clearly personal in nature;
3. which by their nature cannot be returned;
4. that can spoil or become outdated quickly;
5. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal; and
8. for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

1. concerning accommodation, transport, restaurant business or leisure activities to be performed 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; and
3. concerning betting and lotteries.

Article 9 – Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no control, at variable prices. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within three months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1) these are the result of statutory regulations or provisions; or
2) the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

Pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968, delivery takes place in the country where transport commences. In this case, delivery takes place outside the EU. The postal or courier service therefore charges the buyer import VAT and/or customs clearance costs. Therefore, the entrepreneur does not charge VAT.

All prices are subject to printing and typographical errors. We accept no liability for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. 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 statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the company in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty 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 warranty does not apply if:
• the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging; or
• the defect is wholly or partly the result of regulations that the government has imposed or will impose 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.

Subject to the provisions of Article 4 of these terms and conditions, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled 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 delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipping are 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 representative designated in advance by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration agreements: duration, termination and extension

Cancellation

The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer can:
• terminate the agreements referred to in the previous paragraphs at any time and is not limited to termination at a specific time or during a specific period;
• at least cancel in the same manner as they were entered into by him; and
• always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

By way of exception, an agreement concluded for a fixed period and which provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension period with a notice period of up to one month.

An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement provides for the regular, but less than monthly, delivery of daily newspapers, news and weekly newspapers and magazines.

A limited-term agreement for the regular delivery of daily, news, weekly and magazine newspapers and magazines for trial purposes (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer receives confirmation of the agreement.

The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.

In the event of late payment by the consumer, the entrepreneur has the right—subject to legal restrictions—to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days 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 dispute settlement.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer lives abroad.