Terms and conditions

Article 1 – Definitions

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

  • Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
  • Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Continuous transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or acceptance obligations are spread over time;
  • Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that future consultation and an unaltered reproduction of the stored information are possible.
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: a contract in which, within the framework of a distance selling system organized by the entrepreneur for the sale of products and/or services, one or more means of distance communication are used, up to and including the conclusion of the contract;
  • Means of distance communication: any method that can be used to conclude a contract without the consumer and the entrepreneur having to be present in the same room at the same time.
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

ReliveX
JScommerce Limited
75856511
SUITE C, LEVEL 7, WORLD TRUST, TOWER
50 STANLEY STREET
CENTRAL, HONG KONG
info@relivex.nl
085 301 68 34

Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and to every distance contract concluded and order placed between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, then, before the distance contract is concluded, it shall be indicated that the general terms and conditions may be consulted at the entrepreneur’s premises and that they will be provided free of charge as soon as possible upon the consumer’s request.

In the event that the distance contract is concluded electronically, the text of these general terms and conditions may, prior to the conclusion of the contract and in deviation from the previous paragraph, be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, then before the distance contract is concluded it shall be indicated where the general terms and conditions can be consulted electronically and that they will be provided free of charge—either electronically or otherwise—upon request by the consumer.

In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly and, in the case of conflicting provisions, the consumer may always invoke the provision most favorable to him.

If one or more provisions of these general terms and conditions become wholly or partially void or are annulled at any time, the distance contract and these conditions shall otherwise remain in effect, and the respective provision shall be replaced as soon as possible by mutual agreement with a provision that approximates the original intention as closely as possible.

Matters not regulated in these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms shall be interpreted “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 expressly stated in the offer.

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

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these shall be a true representation of the products and/or services offered. Apparent mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data provided in the offer are indicative only and cannot give rise to any claim for damages or cancellation of the contract.

Images of products are a true representation of the products offered; however, the entrepreneur cannot guarantee that the displayed colors exactly correspond to the actual colors of the products.

Each offer contains sufficient information so that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. In particular, this includes:

  • the price, excluding customs clearance costs and import VAT (these additional costs will be at the customer’s expense and risk; the postal or courier service will use the special arrangement for import when the goods are imported into the EU country of destination, as is the case here, collecting VAT—possibly together with any customs clearance charges—from the recipient);
  • any shipping costs;
  • the manner in which the contract will be concluded and the necessary actions for its conclusion;
  • whether the right of withdrawal applies;
  • the method of payment, delivery, and performance of the contract;
  • the period during which the offer is valid or the period during which the entrepreneur guarantees the price;
  • the rate for distance communication if the costs for using the means of distance communication are calculated on a different basis than the regular base rate for the communication method used;
  • whether the contract is archived after conclusion, and if so, how the consumer may access it;
  • the way in which the consumer can check and, if desired, correct the data provided in the context of the contract before its conclusion;
  • any other languages in which, in addition to Dutch, the contract may be concluded;
  • the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer may consult these codes electronically; and
  • the minimum duration of the distance contract in the case of a continuous transaction.
    Optional: available sizes, colors, type of materials.

Article 5 – The Contract

Subject to the provisions of Article 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions attached thereto.

If the consumer accepts the offer by electronic means, the entrepreneur shall immediately confirm receipt of the acceptance by electronic means. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer may cancel the contract.

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

Within the limits of the law, the entrepreneur may verify whether the consumer is able to meet his payment obligations, as well as all other facts and factors important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to conclude the contract, he is entitled to refuse an order or request or to attach special conditions to its execution with proper justification.

The entrepreneur shall include with the product or service provided to the consumer the following information, either in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable medium:

  • the physical address of the entrepreneur’s establishment where the consumer can direct complaints;
  • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
  • information regarding guarantees and available after-sales service;
  • the information referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided such information to the consumer prior to the execution of the contract;
  • 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 continuous transaction, the above requirement applies only to the first delivery.

Every contract is entered into subject to the condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

In the purchase of products, the consumer has the option to cancel the contract without giving any reason within 14 days. This cooling-off period begins on the day after the consumer receives the product or, if previously designated by the consumer and notified to the entrepreneur, when the representative receives it.

During the cooling-off period, the consumer shall handle the product and its packaging with due care. The product should only be unsealed or used to the extent necessary to determine whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, he shall return the product along with all supplied accessories and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur in writing (e.g., via letter or email) within 14 days after receiving the product. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the returned items were sent back in time (for example, by means of a shipping receipt).

If the consumer neither notifies his intention to withdraw nor returns the product within the periods specified above, the purchase becomes final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises his right of withdrawal, the costs for returning the products shall be borne by the consumer.

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is provided that the product has been received by the retailer or conclusive proof of complete return is provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3 below. The exclusion of the right of withdrawal applies only if the entrepreneur clearly states this in the offer or, at the latest, before the contract is concluded.

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

  • produced by the entrepreneur according to the specifications of the consumer;
  • that are clearly of a personal nature;
  • that, by their nature, cannot be returned;
  • that may perish or become outdated quickly;
  • for which the price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for loose newspapers and magazines;
  • for audio and video recordings and computer software if the consumer has broken the seal;
  • for hygienic products if the consumer has broken the seal.

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

  • relating to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
  • where delivery has begun with the express consent of the consumer before the expiration of the cooling-off period;
  • relating to betting and lotteries.

Article 9 – The Price

During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for adjustments resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.

Price increases within three months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from three months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

  • they result from statutory regulations or provisions; or
  • the consumer has the right to terminate the contract effective on the day the price increase takes effect.

According to Article 5, first paragraph, of the Dutch VAT Act 1968, the place of delivery is the country where the transport commences. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT or customs clearance fees from the recipient, and the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for such errors, and in the event of a mistake, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products and/or services conform to the contract, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the statutory provisions and/or governmental regulations in force on the date the contract is concluded. If agreed, the entrepreneur further guarantees that the product is suitable for uses other than its normal purpose.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. The return of the products must be in the original packaging and in a like-new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur shall never be held responsible for the ultimate suitability of the products for any 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 altered the delivered products himself or had them repaired and/or altered by a third party;
  • the delivered products have been exposed to abnormal conditions, treated carelessly, or used contrary to the entrepreneur’s instructions and/or as indicated on the packaging;
  • the defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the utmost care in receiving and processing orders for products.

The place of delivery shall be the address provided by the consumer to the company.

Subject to the provisions set out in Article 4 of these general terms and conditions, the company shall execute accepted orders with due dispatch, and in any case within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fully executed or only partially executed, the consumer will be notified no later than 30 days after placing the order. In such a case, the consumer has the right to cancel the contract free of charge and to claim any damages.

In the event of cancellation in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If the delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. At the time of delivery, it shall be clearly indicated that a replacement item is being provided. For replacement items, the right of withdrawal cannot be excluded. Any costs for returning the product will be borne by the entrepreneur.

The risk of damage and/or loss of the products remains with the entrepreneur until the moment of delivery to the consumer or to a pre-designated representative notified to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuous Transactions: Duration, Termination, and Renewal

Termination

  • The consumer may terminate a contract entered into for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of at most one month.
  • The consumer may terminate a contract entered into for a fixed period that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of at most one month.
  • The consumer may terminate the contracts mentioned in the previous paragraphs at any time (and is not limited to termination at a specific moment or within a specific period), provided that:
    • the termination is carried out in the same manner in which the contract was entered into by the consumer; and
    • the same notice period applies as the entrepreneur has stipulated for himself.

Renewal

  • A contract entered into for a fixed period that involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
  • Notwithstanding the previous paragraph, a contract entered into for a fixed period that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, provided that the consumer may terminate this extended contract at the end of the extension with a notice period of at most one month.
  • A contract entered into for a fixed period that involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of at most one month, and—with respect to contracts involving the regular (but less than once a month) delivery of daily, news, and weekly newspapers and magazines—a notice period of at most three months applies.
  • A contract with a limited duration for the trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically terminate at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of at most one month, unless reasonableness and fairness preclude termination before the end of the agreed period.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.

In the event of non-payment by the consumer, subject to legal limitations, the entrepreneur is entitled to charge the reasonable costs, as previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the execution of the contract must be submitted to the entrepreneur in a complete and clearly described manner within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will, within the 14-day period, send a notice of receipt along with an indication of when the consumer may expect a more detailed response.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the complaints procedure.

Submitting a complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur states otherwise in writing.

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

Article 15 – Disputes

With respect to contracts between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law shall apply, even if the consumer resides abroad.