Terms of Service
Article 1 - Definitions
In these conditions, the following definitions apply:
Reflection time : The period within which the consumer can exercise his right of withdrawal;
Consumer : The natural person who does not act in the pursuit of a profession or business and who enters into a distance selling agreement with the entrepreneur;
Day : Calendar Day;
Duration transaction : A distance selling agreement regarding a number of products and/or services whose delivery and/or purchase obligation has been spread over time;
Durable data carrier : Any means that allows the consumer or entrepreneur to keep information directed to him personally, in a way that enables future consultation and unchanged reproduction of the stored information.
Cancellation right : Consumer's ability to cancel the Remote Sales Agreement within the cancellation period;
Entrepreneur : The physical or legal person who offers products and/or services externally to consumers;
Remote Agreement : An agreement in which within the framework of one of the entrepreneur organized system for remote sales of products and/or services is used exclusively by one or more techniques for remote communication up to and including the conclusion of the agreement;
Remote Communication Technology : means that can be used to enter into 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 - the identity of the entrepreneurial
The Name of the Corporation: Palmos mode
E-mail: info@palmos-mode.com
Telephone: +31645376105
Business Number: 859732001
Address: Nobelweg 31, 1097 AR Amsterdam, Holland
Article 3 - Use
These general terms and conditions apply to any offer from the entrepreneur and to any distance selling agreement and orders concluded between the entrepreneur and the consumer.
Before the Agreement on Remote Sales is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be stated that the general terms and conditions can be seen with the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
If the Remote Agreement is concluded electronically, regardless of the previous section, and before the conclusion of the Remote Agreement, the text of these general terms can be made available to the consumer electronically in such a way that it can be read by the consumer easily stored on a durable data carrier. If this is not reasonably possible, it will be stated before entering into the Remote Sales Agreement where the general terms and conditions can be seen electronically and that they are sent free of charge or otherwise at the request of the consumer.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, second and third sections apply similarly, and in the event of conflicting general terms and conditions, the consumer may always trust that the applicable provision is most favorable to him.
If one or more provisions of these general conditions are at some point in whole or partly invalid or canceled, the rest of the Agreement and Terms will remain in force and the provision in question will be replaced immediately in mutual consultation by a provision corresponding to the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' in these general terms and conditions.
Any uncertainty regarding the interpretation or content of one or more provisions of 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 period of validity or has been submitted under conditions, this will explicitly appear in the offer.
The offer is without obligation. The entrepreneur is entitled to change and customize the offer.
The offer contains a complete and accurate description of the products offered and/or services. The description is sufficiently detailed to allow the consumer to a good assessment of the offer. If the entrepreneur uses images, these are a true representation of the products offered and/or services. Obviously errors or errors in the offer do not bind the entrepreneur.
All images and specifications of the offer are indicative and cannot give rise to compensation or termination of the agreement.
Pictures of products are a true reproduction of the products offered. The entrepreneur cannot guarantee that the colors shown are exactly the right 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 is especially about:
- The price, exclusive customs treatment costs and import VAT. These extra costs will be at the customer's expense and risk. The post and/or courier service will use the special scheme for postal and courier services in connection with imports. This scheme applies if the goods are imported to the EU Country Country, which is also the case in this case. The post and/or the courier service charges the VAT (whether it is with the charged customs costs) from the recipient of the goods;
- any shipping costs;
- The way in which the agreement will be concluded and what actions are required;
- Whether or not the right of withdrawal applies;
- the payment method, delivery and execution of the agreement;
- the period of acceptance of the offer or period within which the entrepreneur guarantees the award;
- The size of the tariff for remote communication if the cost of using the technology for remote communication is calculated on a basis other than the ordinary basic tariff for the means of communication.
- whether the agreement is filed after its conclusion, and if so how it can be consulted by the consumer;
- The way in which the consumer, before the conclusion of the agreement, can control the data he has provided in connection with the agreement and, if desired, restore them;
- Any other language in which the agreement in addition to Dutch can be concluded;
- The codes of conduct that the entrepreneur has submitted to, and the way in which the consumer can consult these Codes of Conduct Electronically; and
- the minimum duration of the distance selling agreement in the event of a long -term transaction.
Optional: Available sizes, colors, material type.
Article 5 - Agreement
The agreement is concluded, subject to the provisions of subsection (1). 4, at the time of the consumer's acceptance of the offer and compliance with the stipulated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 can cancel 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within a legal framework - inform about whether the consumer can fulfill his payment obligations, as well as all the conditions and factors that are important for the responsibility of the Remote Sales Agreement. If, on the basis of this study, the entrepreneur has good reasons for not entering into the agreement, he is entitled to reject an order or request on the grounds or to associate special conditions for execution.
The entrepreneur sends the following information to the consumer along with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible way on a sustainable data carrier:
- the visitor address at the entrepreneur's branch, where the consumer can go with complaints;
- the conditions and the way in which the consumer can exercise the right of withdrawal, or a clear declaration of exclusion of the right of withdrawal;
- the information on warranties and existing after -sales service;
- The information included in Article 4 (2). 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the agreement;
- The requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.
At a duration business, the provision in the previous section applies only for the first delivery.
Any agreement is concluded under the suspensive conditions of adequate availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing goods, the consumer has the opportunity to terminate the agreement without justification within 14 days. This time of reflection begins the day after receiving the product of the consumer or a representative appointed in advance by the consumer and notified the entrepreneur.
During the cancellation period, the consumer will handle the goods and packaging with care. He will only extract or use the product to the extent necessary to assess whether he wants to keep the product. If he exploits his right of withdrawal, he returns the product to the entrepreneur with all the accompanying accessories and - if it is 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 about this within 14 days of receipt of the product. The consumer must notify this by written message/mail. After the consumer has indicated that he wants to exercise his right of withdrawal, the customer must return the item within 14 days. The consumer must prove that the goods delivered have been returned in a timely manner, eg by shipping certificate.
If the customer after the expiry of the persons referred to in paragraph 1. Paragraphs 2 and 3 have not stated that he wishes to exercise his right of withdrawal or has not returned the item to the entrepreneur, the purchase is a fact.
Article 7 - Cost In the event of a withdrawal
If the consumer makes use of his right of withdrawal, the cost of returning the products of the consumer will be borne.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the cancellation. This is conditional on the product already received back by the online retailer or that decisive proof of complete return can be provided.
Article 8 - Exclusion of right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in subsection (1). 2 and 3. The exclusion of the right of withdrawal applies only 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:
- The entrepreneur has been created in accordance with the consumer's specifications;
- which is obviously of a personal nature;
- which by nature cannot be returned;
- that can ruin or ages quickly;
- If price is subject to fluctuations in the financial market that the entrepreneur does not affect;
- to individual newspapers and magazines;
- For audio and video recordings and computer software from which the consumer has broken the seal.
- For hygienic products from which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transport, restaurant or leisure activities to be performed on a specific date or for a specified period;
- If delivery has begun with the consumer's express consent before the cancellation period has expired;
- regarding bets and lotteries.
Article 9 - the price
In the validity period specified in the offer, the prices of the products offered and/or services will not be increased, except for price changes due to changes in VAT rates.
Regardless of the previous section, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market and which the entrepreneur does not affect. This responsibility for fluctuations and the fact that any prices stated are target prices is shown in the offer.
Price increases within 3 months of the conclusion of the agreement are only allowed if they are a result of statutory provisions or regulations.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has conditioned this and:
- These are the result of statutory provisions or provisions; or
- The consumer has the right to cancel the agreement with effect from the day the price increase comes into force.
Under Article 5 (2). 1, in the turnover tax law of 1968, the place of delivery is in the country where transport is commenced. In this case, this delivery will occur outside the EU. Thereafter, the post or courier service will charge import VAT or customs costs from the customer. Therefore, VAT will not be charged by the entrepreneur.
All prices are made subject to printing and printing errors. There is no responsibility for the consequences of printing and printing errors. In case of printing and printing errors, the entrepreneur is not required to deliver the item at the wrong price.
Article 10 - conformity and warranty
The entrepreneur guarantees that the products and/or services are in accordance with the agreement, the specifications stated in the offer, the reasonable requirements for reliability and/or applicability and the statutory provisions that exist on the date of the conclusion of the agreement and/or state provisions. . 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 legal rights and requirements that the consumer can claim to the entrepreneur under the agreement.
Any deficiencies or incorrectly delivered products must be notified to the entrepreneur in writing within 14 days of 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 fitness of the products for each use of the consumer, nor for any advice on the use or use of the products.
The warranty does not apply if:
The consumer has even repaired and/or edited the products delivered or have allowed them to repair and/or edit by third parties;
The products delivered have been exposed to abnormal conditions or otherwise been treated carelessly or are in violation of the entrepreneur's instructions and/or on the packaging;
The defect is in whole or in part a result of rules that the public has imposed or will provide with regard to the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will show the greatest care when receiving and executing orders on products.
The place of delivery is the address provided by the consumer to the company.
Taking into account what is stated in paragraph 4 of these general conditions, the company will execute accepted orders quickly, however, no later than 30 days, unless the consumer has accepted a longer delivery time. If the delivery is delayed or if an order cannot be met or can only be fulfilled, the consumer will be notified within 30 days of the order. In that case, the consumer has the right to cancel the agreement at no cost and is entitled to any compensation.
In the event of resolution in accordance with the previous section, the entrepreneur refunds the amount paid by the consumer as soon as possible, however, no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will do everything to make a replacement product available. At the latest on delivery, it will appear in a clear and understandable way that a replacement product will be delivered. The right of withdrawal cannot be excluded from replacement goods. The cost of any return shipping is incurred by the entrepreneur.
The risk of damage and/or loss of products is the responsibility of the entrepreneur until the time of delivery to the consumer or a pre -appointed representative and communicated to the entrepreneur, unless otherwise expressly agreed.
Article 12 - Duration of Transactions: Duration, Cancellation and Extension
Completion
The consumer may at any time terminate an agreement that has been concluded indefinitely and which extends to continuous delivery of products (including electricity) or services taking into account the agreed cancellation rules and a termination period of no more than 1 month.
The consumer may terminate an agreement concluded for a specified period and which includes continuous delivery of products (including electricity) or services at any time against the expiry of the stipulated duration, taking into account the agreed cancellation rules and a termination deadline of at least one month.
The consumer can terminate the agreements mentioned in the previous pieces:
cancel at any time and not be limited to cancellation at a particular time or for a specified period;
at least cancel in the same way they were entered into by him;
Always terminate with the same termination deadline that the entrepreneur has agreed for himself.
Extension
An agreement concluded for a specified period and which includes regular delivery of products (including electricity) or services must not be tacitly extended or renewed for a specified period.
Regardless of the previous paragraph, an agreement entered into for a specific period and which includes continuous broadcast of daily news and weekly newspapers and magazines is tacitly extended by a specific period of up to three months if the consumer refuses to accept this extended agreement can terminate the extension with a notice of no more than one month.
An agreement concluded for a specified period and which includes regular delivery of goods or services can only be tacitly extended indefinitely, if the consumer can at any time terminate the termination with a notice of no more than one month and a notice of notice of no more than three months if the agreement extends to the ordinary, but less than once a month, delivery of day, news and weekly.
A fixed-term agreement on regular delivery of day, news and weekly newspapers and magazines for introductory purposes (sample or intro register) is not tacit and automatically ceases after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may at any time terminate the agreement after a year with a notice of no more than one month, unless reasonableness and reasonably oppose termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the commencement of the time mentioned in Article 6 (2). have received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in payment information provided or informed to the entrepreneur.
In the event of a non -payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs that have been notified to the consumer in advance.
To optimize the payment process, a partnership has been entered into: DG ECOM BV, located in Venendaal (Holland). This means that all credit card payments are transferred to DG Ecom BV, which then transfer them to Fuzhoushicangshanqujinshanzhouxiaoliangfuzhuangchang. DG ECOM BV is therefore in no way responsible for any deficiencies as a result of the purchase.
Article 14 - Complaint Procedure
Complaints about the execution of the agreement must be fully submitted to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints filed to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a preaching longer processing time, the entrepreneur will respond within 14 days with a receipt for receipt and an indication of when the consumer can expect a more detailed answer.
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 announces in writing otherwise.
If a complaint is justified by the entrepreneur, the entrepreneur will, on his own election, replace or repair the products delivered for free.
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 lives abroad.
Article 16 - Cesop
Due to the measures introduced and tightened in 2024 regarding "Amendment of the Revenue Tax Act 1968 (Implementation of the Payment Service Provider Directive Act)" and thus the implementation of the central electronic payment information system (CESOP), payment service providers may. detect data in the European Cesop system.