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General Terms and Conditions

Article 1 – Definitions

Under these conditions, the following definitions apply:

Withdrawal Period: the period during which the consumer can exercise their right of withdrawal;

Consumer: a natural person who is not acting within the scope of their professional or commercial activity and who concludes a distance contract with the entrepreneur;

Day: calendar day;

Long-term Business: a distance contract for a series of products and/or services where the delivery and/or acceptance obligation is spread over a longer period;

Durable Medium: any means that enables the consumer or entrepreneur to store information addressed personally to them so that it can be accessed later and reproduced unchanged.

Right of Withdrawal: the consumer's option to withdraw from the contract within the withdrawal period via distance selling;

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

Distance Contract: a contract in which, within a system organized by the trader for the distance sale of products and/or services, exclusively one or more remote communication means are used up to and including the conclusion of the contract.

Remote Communication Technology: a means by which an agreement can be made without the consumer and entrepreneur needing to be in the same place at the same time.

General Terms and Conditions: These are the General Terms and Conditions of the contractor.

Article 2 – Identity of the Entrepreneur

Company name: FUZHOUSHICANGSHANQUJINSHANZHOUXIAOLIANGFUZHUANGCHANG

Company address: NO.1412 NAN HE ROAD, CHENGGUAN LANZHOU GANSU DISTRICT

730000 LANZHOU, CITY OF LANZHOU

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur as well as to every distance contract and order concluded between the entrepreneur and the consumer.

Before concluding the distance contract, the consumer is provided with the text of these General Terms and Conditions. If this is not reasonable, the consumer will be informed before concluding the distance contract that the General Terms and Conditions can be viewed at the entrepreneur's business premises and will be sent to them free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the consumer may, regardless of the preceding paragraph and before concluding the contract, be provided electronically with the text of these General Terms and Conditions in such a way that they can read it and easily save it on a durable medium. If this is not reasonable, it will be stated before concluding the contract where the General Terms and Conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or by other means upon request.

If, in addition to these General Terms and Conditions, special terms and conditions apply to a product or service, paragraphs two and three shall apply accordingly. In case of conflicting general terms and conditions, the consumer may always rely on the provision most favorable to them.

Should one or more provisions of these General Terms and Conditions be wholly or partially invalid or unenforceable at any time, the remaining provisions of the contract and these General Terms and Conditions shall remain fully effective, and the invalid provision shall be replaced immediately by a provision that comes as close as possible to the original.

Matters not regulated in these Terms and Conditions shall be assessed "in the sense" of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 – The Offer

If an offer is valid for a limited time or subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The contractor reserves the right to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough for the consumer to properly assess the offer. If the business uses images, these truthfully represent the products and/or services offered. Obvious errors or mistakes in the offer are not binding for the business.

All illustrations and specifications of the offer are for illustrative purposes only and do not entitle the buyer to compensation or contract termination.

The product images accurately represent the products offered. However, the seller cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains information that clearly explains to the consumer the rights and obligations associated with accepting the offer. This includes in particular:

  • The price is exclusive of customs clearance fees and import VAT. These additional costs are borne by the customer at their own risk. The postal or courier service applies the special provisions for imports applicable to postal and courier services. These provisions apply to the import of goods into the EU destination country, which is the case here. The postal or courier service charges VAT (possibly plus the customs clearance fees billed) to the goods recipient.
  • any shipping costs;
  • the manner in which the agreement is concluded and the measures required for this;
  • regardless of whether the right of withdrawal applies or not;
  • payment methods, delivery conditions, and contract processing;
  • the offer acceptance period or the period during which the contractor guarantees the price;
  • the amount of the tariff for remote communication if the costs for using the remote communication technology are calculated on a basis other than the regular basic rate for the communication means used;
  • Is the contract archived after its conclusion, and if so, how can the consumer access it?
  • the possibility for the consumer to review and, if necessary, correct the data provided by them within the framework of the contract before concluding the contract;
  • any other language in which the contract can be concluded alongside Dutch;
  • the code of conduct the entrepreneur has committed to and how the consumer can electronically access this code of conduct; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

Optional: Available sizes, colors, types of materials.

Article 5 – The Agreement

The contract is concluded, subject to the provisions of paragraph 4, upon the consumer's acceptance of the offer and fulfillment of the specified conditions.

If the consumer has accepted the offer electronically, the trader immediately confirms receipt of the acceptance electronically. The consumer can revoke the contract until receiving this confirmation.

If the contract is concluded electronically, the trader takes appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the trader takes corresponding security precautions.

Within the framework of legal provisions, the entrepreneur may check whether the consumer can meet their payment obligations and which facts and circumstances are relevant for a responsible conclusion of the distance contract. If the entrepreneur has a valid reason based on this check not to conclude the contract, they have the right to refuse an order or inquiry with justification or to make its execution subject to certain conditions.

The retailer provides the consumer with the following information together with the product or service, either in writing or in a way that allows the consumer to store it on a durable medium:

  1. the address of the contractor’s agency to which the consumer can turn to file a complaint;
  2. the conditions and the manner in which the consumer can exercise their right of withdrawal, or a clear notice of the exclusion of the right of withdrawal;
  3. information about existing warranties and customer services;
  4. the information contained in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the contract was concluded;
  5. the conditions for terminating the contract if it has a duration of more than one year or is indefinite.

For a long-term project, the provision of the preceding paragraph applies only to the first delivery.

Every agreement is subject to the condition of sufficient availability of the respective products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving any reason. This withdrawal period begins the day after the consumer or a previously designated and notified representative receives the product.

During the withdrawal period, the consumer must handle the product and its packaging with care. They should only unpack or use the product to the extent necessary to assess whether they want to keep it. If they exercise their right of withdrawal, they must return the product with all accessories and – as far as reasonable – in its original condition and original packaging according to the clear and reasonable instructions of the retailer.

If the consumer wishes to exercise their right of withdrawal, they must inform the retailer within 14 days of receiving the goods. This must be done in writing or by email. After the withdrawal declaration, the consumer must return the goods within 14 days. They must prove timely return shipment, for example, by a shipping receipt.

If the customer has not declared within the periods specified in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they bear the costs of returning the products.

If the customer has already paid an amount, the retailer will refund it as soon as possible, but no later than 14 days after the cancellation. This requires that the product has already been returned to the online retailer or that clear proof of the complete return is provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, but no later than before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for the following products:

  1. that have been created by the entrepreneur according to the consumer's specifications;
  2. that are clearly of a personal nature;
  3. that by their nature cannot be returned;
  4. that can spoil or age quickly;
  5. whose price is subject to fluctuations in the financial market beyond the control of the entrepreneur;
  6. for individual newspapers and magazines;
  7. for audio and video recordings as well as computer software whose seal has been broken by the consumer.
  8. for hygiene products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is only possible for the following services:

  1. concerning accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
  2. whose delivery has begun with the express consent of the consumer before the withdrawal period expires;
  3. in relation to bets 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 price changes due to changes in VAT rates.

Notwithstanding the preceding paragraph, the entrepreneur may offer products or services at variable prices, whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability for price fluctuations, as well as the note that the prices indicated are guideline prices, are stated in the offer.

Price increases within three months after the conclusion of the contract are only permitted if they are based on legal provisions.

Price increases after three months from the conclusion of the contract are only permitted if the contractor has agreed to this and:

  1. These are the result of regulations or legal provisions; or
  2. The consumer has the right to terminate the contract from the day the price increase takes effect.

According to Article 5, paragraph 1 of the 1968 Value Added Tax Act, the place of delivery is the country of origin of the shipment. In this case, delivery takes place outside the EU. The postal or courier service then charges the customer import VAT and customs clearance fees. Therefore, no VAT is charged by the retailer.

All prices are subject to printing and typing errors. No liability is assumed for the consequences of printing and typing errors. In the event of printing and typing errors, the contractor is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The contractor guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the usual requirements for reliability and/or usability, as well as the legal regulations and/or official ordinances applicable at the time the contract is concluded. If agreed, the contractor also guarantees that the product is suitable for a purpose different from the usual intended use.

A warranty granted by the contractor, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the contractor under the contract.

Defects or incorrect deliveries must be reported to the contractor in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor does not assume responsibility for the final suitability of the products for the specific 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 were exposed to abnormal conditions or handled negligently or do not comply with the contractor’s instructions and/or the information on the packaging;

The defect results wholly or partly from regulations issued or to be issued by the government regarding the type or quality of materials used.

Article 11 – Delivery and Performance

The contractor will exercise the utmost care when receiving and processing product orders.

The place of delivery is the address provided by the customer to the company.

According to Article 4 of these General Terms and Conditions, the company will fulfill accepted orders as quickly as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after the order. In this case, the consumer has the right to terminate the contract free of charge and, if applicable, to receive compensation.

In the event of termination according to the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If the delivery of an ordered product is impossible, the seller will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items either. The seller bears the cost of return shipping.

The risk of loss and/or damage to the products remains with the contractor until delivery to the consumer or to a previously designated and communicated representative of the contractor, unless expressly agreed otherwise.

Article 12 – Duration of Business Activity: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period, which covers the regular delivery of products (including electricity) or services, at any time by observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract covering the regular delivery of products (including electricity) or services at any time until the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts mentioned in the preceding paragraphs:

terminable at any time, without being bound to a specific time or period;

At the very least, they should be cancellable in the same way they were concluded;

The notice period must always be the same as that agreed upon by the contractor themselves.

Extension

A contract concluded for a fixed term covering the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Notwithstanding the preceding paragraph, a fixed-term contract covering the regular delivery of daily and weekly information and magazines may be tacitly extended for a fixed term of up to three months. If the consumer rejects this extended agreement, they may terminate the extension with a notice period of no more than one month.

A contract concluded for a fixed term covering the regular delivery of products or services may not be tacitly extended indefinitely unless the consumer can terminate it at any time with a notice period of no more than one month. If the agreement covers the regular delivery of daily, informational, and weekly newspapers and magazines, but less than once a month, the notice period is at most three months.

A fixed-term contract for the regular delivery of daily, weekly, and weekly newspapers as well as magazines for introductory purposes (trial or introductory subscription) will not be tacitly renewed and automatically ends after the trial or introductory phase.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless termination before the agreed term is not possible for reasons of fairness and equity.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period mentioned in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to inform the entrepreneur immediately of any inaccuracies in the provided payment data.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable fees communicated in advance.

To optimize the payment process, a partnership has been established with DG ECOM BV, based in Veenendaal, Netherlands. This means that all credit card payments are transferred to DG ECOM BV and forwarded by them to FUZHOUSHICANGSHANQUJINSHANZHOUXIAOLIANGFUZHUANGCHANG. Therefore, DG ECOM BV is not liable for defects arising in connection with the purchase.

Article 14 – Complaint Procedure

Claims related to contract fulfillment must be fully and clearly asserted to the contractor by the consumer within 7 days of discovering the defects.

Complaints addressed to the contractor will be answered within 14 days of receipt. If processing a complaint takes longer, the consumer will receive an acknowledgment of receipt within 14 days and information on when to expect a more detailed response.

If the claim cannot be settled amicably, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the contractor's obligations unless the contractor states otherwise in writing.

If a complaint is deemed justified by the contractor, they will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

The agreements between the entrepreneur and the consumer, to which these General Terms and Conditions apply, are exclusively subject to Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and strengthened in 2024 related to the "Amendment of the Sales Tax Act of 1968 (Implementation of the Payment Services Directive Act)" and thus the introduction of the Central Electronic Payment Information System (CESOP), payment service providers can register data in the European CESOP system.

General Terms and Conditions