Terms of Service
TERMS AND CONDITIONS
Article 1 – Definitions
In these Terms and Conditions, the following definitions shall apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal.
Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader.
Day: calendar day.
Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time.
Durable data carrier: any tool that enables the consumer or the trader to store information addressed personally to them in a way that allows future reference and unaltered reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Trader: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: an agreement concluded within the framework of a system organised by the trader for distance selling of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
Means of distance communication: a method that can be used to conclude a contract without the consumer and trader being physically present in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the trader.
Article 2 – Identity of the Trader
Business name: EcomMasters
Trade name: EcomMasters
Company registration number (KvK): 98543776
VAT number: ??
Customer service email: info@inealondon.com
Business address: 9074 BP De snikke 5 Hallum
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader 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, prior to the conclusion of the distance contract, the trader shall indicate where the Terms and Conditions can be inspected and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these Terms and Conditions may, in deviation from the previous paragraph, be made available to the consumer in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the trader shall indicate, before the contract is concluded, where the Terms and Conditions can be accessed electronically and that they will be sent electronically or by other means free of charge at the consumer’s request.
If, in addition to these General Terms and Conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the applicable provision most favourable to them in the event of conflicting terms.
If one or more provisions of these Terms and Conditions are found to be invalid or are annulled in whole or in part at any time, the remaining provisions shall remain in effect, and the relevant provision shall be replaced by a new provision that reflects the intent of the original provision as closely as possible.
Situations not covered by these Terms and Conditions shall be assessed ‘in the spirit’ of these Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions shall likewise be interpreted ‘in the spirit’ of these Terms and Conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer.
All offers are non-binding. The trader reserves the right to amend or withdraw an offer at any time.
The offer includes a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are intended to be a truthful representation of the products and/or services. Obvious errors or mistakes in the offer do not bind the trader.
All images, specifications, and data included in the offer are indicative and cannot give rise to any claim for compensation or termination of the contract.
Images of products are intended as a true representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours of the products.
Each offer contains sufficient information so that the consumer clearly understands their rights and obligations when accepting the offer. This includes, in particular:
-
the price, excluding customs clearance fees and import VAT (these additional costs shall be borne by the customer);
-
any delivery costs;
-
the method of concluding the contract and the actions required;
-
whether the right of withdrawal applies;
-
the method of payment, delivery, and performance of the contract;
-
the period for accepting the offer or the period during which the trader guarantees the price;
-
the rate charged for distance communication if it differs from the basic rate;
-
whether the contract will be archived and how it can be accessed;
-
the means by which the consumer can check and correct the information provided before finalising the contract;
-
the languages in which the contract may be concluded;
-
any codes of conduct applicable to the trader and how the consumer can consult them electronically;
-
the minimum duration of the distance contract in the case of a long-term transaction;
-
and any available sizes, colours, or materials.
Article 5 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the applicable conditions.
If the consumer accepts the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until such receipt is confirmed, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader shall take appropriate security measures for this purpose.
The trader may, within legal limits, obtain information about the consumer’s ability to fulfil payment obligations, as well as other relevant facts necessary for the responsible conclusion of a distance contract. If such information gives the trader valid reasons not to conclude the contract, the trader is entitled to refuse an order or to attach special conditions to its execution.
The trader shall send the following information to the consumer, in writing or in a durable form that allows future reference:
-
the trader’s business address where the consumer may submit complaints;
-
the conditions and procedure for exercising the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
-
information about guarantees and after-sales service;
-
the data referred to in Article 4, unless the trader has already provided this information before execution of the contract;
-
the conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.
Each contract is concluded under the suspensive condition of sufficient product availability.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to cancel the contract within 30 days without providing any reason. The cooling-off period begins on the day after the consumer, or a representative designated by the consumer, receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care and only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, the product shall be returned to the trader in its original condition and packaging, including all accessories, where reasonably possible, following the reasonable and clear instructions provided by the trader.
The consumer must notify the trader in writing or by email within 30 days of receipt if they wish to exercise their right of withdrawal. Once notified, the consumer must return the product within 30 days. The consumer must provide proof that the product has been returned on time (for example, by means of a proof of postage). This may include return shipment directly to our supplier in China.
If the consumer does not notify or return the product within the specified period, the purchase is deemed final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the return shipping costs shall be borne entirely by the consumer, including any international return costs (e.g. to the supplier in China).
If the consumer has made a payment, the trader shall refund this payment as soon as possible, and no later than 30 days after withdrawal, provided that the returned product has been received or proof of return has been supplied.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the right of withdrawal for the following products or services, provided this has been clearly stated prior to purchase:
-
products made to the consumer’s specifications;
-
personalised or custom-made products;
-
products that cannot be returned due to their nature;
-
products liable to deteriorate or expire rapidly;
-
products subject to market price fluctuations beyond the trader’s control;
-
newspapers or magazines;
-
audio or video recordings or computer software where the seal has been broken;
-
hygiene products where the seal has been broken.
The right of withdrawal may also be excluded for services that:
-
relate to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
-
have commenced with the consumer’s express consent before the cooling-off period has expired;
-
concern betting or lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of products and/or services shall not be increased, except for changes in VAT rates.
In deviation from the previous paragraph, the trader may offer variable prices for products or services subject to fluctuations in the financial market beyond the trader’s control.
Price increases within three months after the contract is concluded are only permitted if they result from legal regulations or provisions.
Price increases after three months are only permitted if the trader has stipulated this and:
-
they result from legal regulations or provisions; or
-
the consumer may terminate the contract as of the date the price increase takes effect.
Deliveries take place outside the EU; therefore, no VAT will be charged by the trader. Any import VAT and customs fees will be collected by the postal or courier service upon delivery.
All prices are subject to printing or typographical errors. The trader is not obliged to deliver the product at an incorrect price in the case of such errors.
Article 10 – Conformity and Guarantee
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of quality and usability, and applicable legal requirements.
Any guarantees provided by the trader, manufacturer, or importer do not affect the consumer’s statutory rights.
Defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. Products must be returned in their original packaging and unused condition.
The warranty period corresponds to the manufacturer’s warranty period. The trader is not responsible for product suitability for specific purposes or for any advice regarding use or application.
The warranty does not apply if:
-
the consumer or third parties have repaired or modified the product;
-
the product has been improperly used or treated;
-
defects are due to government regulations concerning the materials used.
Article 11 – Delivery and Performance
The trader will exercise the utmost care when receiving and fulfilling orders.
The place of delivery is the address provided by the consumer.
Accepted orders will be processed within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled, the consumer will be notified within 30 days. In such cases, the consumer may cancel the contract and is entitled to a refund.
In the event of cancellation, the trader will refund the payment within 30 days.
If a product is unavailable, the trader may offer a replacement item, which will be clearly communicated at the time of delivery. Return costs for replacements are borne by the trader.
The risk of loss or damage passes to the consumer upon delivery, unless otherwise agreed.
Article 12 – Long-Term Transactions: Duration, Termination, and Renewal
The consumer may terminate an open-ended contract for regular delivery of products or services at any time with one month’s notice.
A fixed-term contract may be terminated at the end of the term with one month’s notice.
Automatic renewal of fixed-term contracts is not permitted beyond the original term.
Introductory or trial subscriptions automatically end after the trial period.
If a contract lasts more than one year, the consumer may terminate it after one year with one month’s notice.
Article 13 – Payment
Unless otherwise agreed, the consumer must pay within 7 working days after the start of the cooling-off period.
The consumer must promptly report any inaccuracies in payment details.
If payment is not made, the trader may charge reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints regarding the execution of the contract must be submitted clearly and fully described to the trader within 7 days after discovery of the defect.
Complaints will be answered within 30 days. If a complaint requires more time, the trader will confirm receipt within 30 days and provide an estimated response date.
If a complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the applicable dispute resolution procedure.
A complaint does not suspend the consumer’s obligations unless confirmed in writing by the trader.
If a complaint is found to be justified, the trader will, at their discretion, repair or replace the product free of charge.
Article 15 – Disputes
All agreements between the trader and the consumer to which these Terms and Conditions apply shall be governed exclusively by Dutch law, even if the consumer resides abroad.