Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Continuous transaction: a distance contract related to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
  • Durable medium: any means that allows the consumer or entrepreneur to store information personally addressed to them in a way that enables future consultation and unchanged reproduction of the stored information;
  • Right of withdrawal: the consumer’s option 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 from a distance;
  • Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, until the conclusion of the contract, only one or more techniques for distance communication are used;
  • Means of distance communication: a method that can be used for concluding a contract, without the consumer and entrepreneur being together in the same room at the same time;
  • Terms and Conditions: these Terms and Conditions of the entrepreneur.

 

 

Article 2 – Identity of the Entrepreneur

info@hereventures.store

HERE VENTURES LIMITED
UNIT D3, 11/F, LUK HOP IND
BUILDING, NO.8 LUK HOP
STREET, SAN PO KONG, KOWLOON,
HONG KONG

77161643 

 

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to any distance contract and orders 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed 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, the text of these terms and conditions can be provided electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent electronically or by other means at the consumer’s request free of charge.

If specific product or service conditions apply alongside these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may invoke the provision that is most favorable to them in case of conflicting general terms.

If one or more provisions of these terms and conditions at any time are wholly or partially null and void or annulled, the contract and these terms will remain in force, and the relevant provision will be replaced by mutual agreement by a provision that approximates the original intention as closely as possible.

Situations not regulated by these terms and conditions will be assessed in the spirit of these terms.

Uncertainties about the interpretation or content of one or more provisions will be explained in accordance with the spirit of these terms.

 

 

Article 4 – The Offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Product images are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors match exactly with 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, particularly:

  • The price, excluding any import VAT and customs clearance fees. These additional costs are at the customer’s expense.
  • Any shipping costs;
  • How the contract will be concluded and the necessary steps to do so;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, and execution of the contract;
  • The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • The tariff for distance communication if the cost of using the means of distance communication is calculated on a different basis than the regular base rate for the used communication method;
  • Whether the contract will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
  • The way in which the consumer can check the data they have provided in connection with the agreement and, if necessary, correct it;
  • Any other languages, besides Dutch, in which the contract can be concluded;
  • The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes electronically;
  • The minimum duration of the distance contract in the case of a continuous transaction.

Optional: available sizes, colors, types of materials.

 

 

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.

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

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

The entrepreneur may, within legal frameworks, investigate whether the consumer can fulfill their payment obligations and all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.

Upon delivery of the product or service, the entrepreneur will provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  • The address of the entrepreneur's establishment where the consumer can lodge complaints;
  • The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • The information about warranties and existing after-purchase services;
  • The details specified in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
  • 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 continuous transaction, the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the ordered products.

 

 

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons within 14 days. This cooling-off period starts on the day after the product is received by the consumer or a pre-designated representative.

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 it. If the consumer exercises their right of withdrawal, they will return the product with all accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification should be made in writing/email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned in a timely manner, for example by providing proof of dispatch.

If the consumer has not expressed their intention to exercise the right of withdrawal or returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is final.

 

 

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, they are responsible for the return shipping costs.

If the consumer has paid any amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is conditional on the product already being received by the merchant or conclusive proof of complete return being provided.

 

 

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products 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, or at least in good time before the conclusion of the contract.

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

  • That have been created by the entrepreneur according to consumer specifications;
  • That are clearly personal in nature;
  • That cannot be returned due to their nature;
  • That spoil or age quickly;
  • Whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
  • For individual newspapers and magazines;
  • For audio and video recordings and computer software where the consumer has broken the seal;
  • For hygiene products where the seal has been broken.

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

  • Regarding accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
  • Whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
  • Regarding bets and lotteries.

 

 

Article 9 – Price

During the validity period stated 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.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These price fluctuations and the fact that any listed prices are target prices are mentioned in the offer.

Price increases within 3 months of the agreement being concluded are only allowed if they result from legal regulations or provisions.

Price increases from 3 months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and:

  • They are the result of legal regulations or provisions; or
  • The consumer has the right to terminate the agreement from the date the price increase takes effect.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

 

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products and/or services meet the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations at the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any guarantees provided by the entrepreneur, manufacturer, or importer do not affect the statutory rights and claims that the consumer can enforce against the entrepreneur based on the agreement.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and 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 had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or packaging;
  • The defect is wholly or partially the result of regulations set by the government regarding the nature or quality of the materials used.

 

 

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.

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

Taking into account what is stated in Article 4 of these terms, the company will execute accepted orders with due speed but no later than 30 days unless the consumer agrees 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 no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and may be entitled to 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 a product proves impossible, the entrepreneur will strive to make a replacement product available. It will be clearly stated no later than at the time of delivery that a replacement product is being delivered. With replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated representative known to the entrepreneur unless explicitly agreed otherwise.

 

 

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

Termination

The consumer may terminate an agreement that has been concluded for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time with due regard to the applicable termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been concluded for a fixed period and that involves the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the applicable 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, without being restricted to termination at a specific time or during a specific period;
  • At least in the same way they were entered into by the consumer;
  • Always with the same notice period as the entrepreneur has stipulated for itself.

Renewal

A fixed-term agreement for the regular delivery of products (including electricity) or services cannot be tacitly renewed or extended for a fixed period.

In deviation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case of an agreement that involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A trial or introductory subscription to daily, news, and weekly newspapers and magazines is not tacitly extended 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 prevent termination before the end of the agreed term.

 

 

Article 13 – Payment

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

The consumer is obliged to report any inaccuracies in the payment data provided or mentioned to the entrepreneur without delay.

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

 

 

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur in writing within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within 14 days with a notice 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 the dispute resolution procedure.

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 its discretion, replace or repair the delivered products free of charge.

 

 

Article 15 – Disputes

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