Terms of Service
Article 1 – Definitions
The following definitions apply in these circumstances:
Reflection period : the period within 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 who concludes a distance sales contract with the entrepreneur;
Day : calendar day;
Duration transaction : a distance sales contract concerning a series of products and/or services whose delivery and/or purchase obligation is spread over time;
Durable medium : any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal : the consumer's option to cancel the distance sales contract within the withdrawal period;
Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;
Distance contract : an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, one or more techniques of remote communication are used exclusively up to and including the conclusion of the contract;
Remote communication technology : means that it can be used to conclude an agreement without the consumer and entrepreneur being together in the same room at the same time.
General terms and conditions : the current general terms and conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: FUZHOUSHICANGSHANQUJINSHANZHOUXIAOLIANGFUZHUANGCHANG
Company address: NO.1412 NAN HE ROAD, CHENGGUAN DISTRICT LANZHOU GANSU
730000 LANZHOU, CITY OF LANZHOU
Article 3 – Application
These general terms and conditions apply to any offer from the entrepreneur and to any distance sales contract and orders concluded between the entrepreneur and the consumer.
Before the distance sales 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 they will be sent free of charge as soon as possible upon request from the consumer.
If the distance contract is concluded electronically, regardless of the preceding paragraph, and before the conclusion of the distance contract, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer and easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the conclusion of the distance sales contract where the general terms and conditions can be viewed electronically, and that they will be sent free of charge electronically or otherwise upon request from the consumer.
In the event that, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply accordingly, and in case of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partly invalid or annulled, the rest of the agreement and these terms shall remain in force, and the relevant provision shall immediately be replaced by mutual consultation with a provision that corresponds to the original as closely as possible.
Situations not regulated in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
Any uncertainty regarding the interpretation or content of one or more provisions in our 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 validity period or is made on 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 offered products and/or services. The description is sufficiently detailed to give the consumer the opportunity for a good assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the colors shown 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 associated with accepting the offer. This concerns in particular:
- the price, excluding customs handling fees and import VAT. These additional costs will be borne by the customer and at their risk. The postal and/or courier service will apply the special scheme for postal and courier services in connection with import. This scheme applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service charges the VAT (whether together with the customs clearance costs charged) from the recipient of the goods;
- any shipping costs;
- the way in which the agreement will be concluded, and what actions are required for this;
- whether the right of withdrawal applies or not;
- the method of payment, delivery, and performance of the agreement;
- the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
- the amount of the rate for remote communication, if the costs of using the remote communication technology are calculated on a basis other than the usual basic rate for the communication means used.
- whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer can check the data he has provided in connection with the agreement before concluding the agreement, and if desired, retrieve them;
- any other language in which the agreement can be concluded in addition to Dutch;
- the codes of conduct to which the entrepreneur has submitted, and the way in which the consumer can consult these codes of conduct electronically; and
- minimum duration of the distance selling agreement in the case of a long-term transaction.
Optional: available sizes, colors, material type.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the time of the consumer's acceptance of the offer and compliance with the specified conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may withdraw from the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure the electronic transfer of data and secure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all circumstances and factors important for a responsible conclusion of the distance sales agreement. If the entrepreneur, based on this investigation, has good reasons not to conclude the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
The entrepreneur sends the following information to the consumer together with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's branch where the consumer can address complaints;
- the conditions for and the manner in which the consumer can exercise the right of withdrawal, or a clear statement excluding the right of withdrawal;
- the information about warranties and existing after-sales service;
- the information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the conclusion 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 duration transaction, the provision in the preceding paragraph applies only to the first delivery.
Any agreement is concluded under the suspensive conditions of sufficient availability of the respective products.
Article 6 – Right of Withdrawal
When purchasing goods, the consumer has the option to terminate the agreement without reason within 14 days. This reflection period begins the day after the product is received by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
During the withdrawal period, the consumer will handle the item and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he returns the product to the entrepreneur with all accompanying accessories and – if reasonably possible – in original condition and packaging in accordance with the reasonable and clear instructions given by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receiving the product. The consumer must communicate this by written notice/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the item within 14 days. The consumer must prove that the delivered goods have been returned on time, e.g., by shipping receipt.
If the customer, after the expiration of the deadlines mentioned in paragraphs 2 and 3, has not indicated that he wishes to exercise his right of withdrawal or has not returned the item to the entrepreneur, the purchase is final.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are 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 conditional on the product already being received back by the online retailer, or decisive proof of complete return can be 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. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- which have been created by the entrepreneur in accordance with the consumer's specifications;
- which are clearly of a personal nature;
- which by their nature cannot be returned;
- that can spoil or age quickly;
- if the price is subject to fluctuations in the financial market which the entrepreneur has no influence over;
- for individual newspapers and magazines;
- for audio and video recordings and computer software which the consumer has unsealed.
- for hygienic products which the consumer has unsealed.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
- if delivery has begun with the consumer's explicit consent before the withdrawal period has expired;
- concerning 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 price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the entrepreneur may offer products or services with variable prices if prices are subject to fluctuations in the financial market, which the entrepreneur has no influence over. This responsibility for fluctuations and the fact that any stated prices are target prices are indicated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are a result of legal provisions or regulations.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has made this conditional and:
- These are the result of legal provisions or regulations; or
- The consumer has the right to cancel the agreement with effect from the day the price increase takes effect.
According to Article 5, paragraph 1, of the 1968 Turnover Tax Act, the place of delivery is in the country where the transport begins. In this case, this delivery takes place outside the EU. Subsequently, the postal or courier service will charge import VAT or customs clearance costs to the customer. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. No liability is assumed for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the item 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 for reliability and/or usability, and the legal provisions existing on the date of the agreement's conclusion and/or governmental regulations. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
A 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 agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use 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 a third party;
The delivered products have been exposed to abnormal conditions or otherwise handled negligently or are contrary to the entrepreneur's instructions and/or on the packaging;
The defect is wholly or partly a result of regulations imposed or to be imposed by public authorities regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the utmost care in receiving and executing orders for products.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions of clause 4 of these general terms and conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If the 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 such cases, the consumer has the right to cancel the agreement without costs and is entitled to any compensation.
In the event of termination in accordance with the preceding section, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will do everything to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the time of delivery to the consumer or a pre-designated representative notified to the entrepreneur, unless otherwise expressly agreed.
Article 12 – Duration of transactions: duration, cancellation, and extension
Conclusion
The consumer may at any time terminate an agreement entered into for an indefinite period, involving ongoing delivery of products (including electricity) or services, taking into account the agreed withdrawal rules and a notice period of no more than 1 month.
The consumer may terminate an agreement entered into for a fixed period, involving ongoing delivery of products (including electricity) or services at any time upon expiry of the fixed duration, taking into account the agreed withdrawal rules and a notice period of at least one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:
cancel at any time and not be limited to cancellation at a specific time or within a specific period;
at least cancel in the same manner as they were entered into by him;
always terminate with the same notice period that the entrepreneur has agreed for themselves.
Extension
An agreement entered into for a fixed period, involving regular delivery of products (including electricity) or services, must not be tacitly extended or renewed for a fixed period.
Notwithstanding the preceding paragraph, an agreement entered into for a fixed period, involving ongoing dispatch of daily news and weekly newspapers and magazines, may be tacitly extended for a fixed period of up to three months; if the consumer refuses to accept this extended agreement, they may terminate the extension with a notice period of no more than one month.
An agreement entered into for a fixed period, involving regular delivery of goods or services, can only be tacitly extended indefinitely if the consumer can terminate the agreement at any time with a notice period of no more than one month and a termination notice of no more than three months, if the agreement covers the usual, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and automatically ends 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 agreed duration expires.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period mentioned in Article 6, paragraph, has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in payment information provided or disclosed to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs that have been communicated to the consumer in advance.
To optimize the payment process, a partnership has been established with: DG ECOM BV, located in Veenendaal (Netherlands). This means that all credit card payments are transferred to DG ECOM BV, which then transfers them to FUZHOUSHICANGSHANQUJINSHANZHOUXIAOLIANGFUZHUANGCHANG. DG ECOM BV is therefore in no way responsible for any defects resulting from the purchase.
Article 14 – Complaint Procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a reasonably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment 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 states otherwise in writing.
If a complaint is found justified by the entrepreneur, the entrepreneur will, at their 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 subject to Dutch law. Even if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and tightened in 2024 regarding "Amendment of the Turnover Tax Act 1968 (Implementation of the Payment Service Provider Directive Act)" and thus the implementation of the central electronic system for payment information (CESOP), payment service providers may register data in the European CESOP system.