Terms and conditions

 

Article 1 - Definitions

In these General Terms and Conditions:

Cooling-off period the period within which the consumer may exercise his right of withdrawal;

Consumer The natural person who does not act in the exercise of a professional or commercial activity and concludes a distance contract with the entrepreneur;

day Calendar day;

Continuous transaction A distance contract for a series of products and/or services whose delivery and/or purchase obligation extends over a longer period of time;

Durable storage medium Any means which enables the consumer or trader to store information addressed personally to him in such a way that subsequent retrieval and unaltered reproduction of the stored information is possible.

Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

Entrepreneur The natural or legal person who offers products and/or services to consumers at a distance;

Distance contract a contract in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, only one or more means of distance communication are used until the conclusion of the contract;

Distance communication technology Means that can be used to conclude a contract without the consumer and trader being in the same room at the same time.

General Terms and Conditions : these General Terms and Conditions of the Contractor.

Article 2 - Identity of the entrepreneur

Cognitio Corp. limited

Approval number: 76311031

CHATHAM RD SOUTH TSIM SHA TSUI HONG KONG

RM 409 BEVERLEY COMM CTR 87-105 

[email protected]

Article 3 - Applicability

These General Terms and Conditions apply to all offers made by the entrepreneur and to all distance selling contracts and orders concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, it will be pointed out before the distance contract is concluded that the general terms and conditions can be viewed at the business premises and will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically, contrary to the previous paragraph and before the distance contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge on request by electronic means or otherwise.

In the event that special product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply accordingly and, in the event of conflicting General Terms and Conditions, the consumer may always invoke the applicable provision that is most favorable to him.

Should at any time one or more provisions of these General Terms and Conditions be or be declared null and void in whole or in part, the remainder of the contract and these General Terms and Conditions shall remain valid and the provision concerned shall be replaced immediately by mutual agreement by a provision that comes as close as possible to the purpose of the original provision.

Situations that are not regulated in these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.

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

Article 4 - The offer

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

The offer is subject to change. 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 enable the consumer to make an appropriate assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the contract.

The images attached to the product are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

Each offer shall contain such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This applies in particular to:

the price is exclusive of customs clearance costs and import sales tax. These additional costs shall be borne by and at the risk of the customer. The postal and/or courier service will make use of the special regulation for postal and courier services upon import. This regulation applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (also together with the invoiced customs clearance costs) from the recipient of the goods;

any shipping costs;

the manner in which the contract is concluded and the measures required for this;

whether there is a right of withdrawal or not;

the method of payment, delivery and fulfillment of the contract;

the period for accepting the offer or the period within which the trader guarantees the price;

the amount of the fee for remote communication if the costs for the use of the technology for remote communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the contract is archived after conclusion and, if so, how it can be viewed by the consumer;

the way in which the consumer can check and, if necessary, restore the data provided by him under the contract before concluding the contract;

all languages other than Dutch in which the contract can be concluded;

the codes of conduct to which the trader has agreed and the way in which the consumer can consult these codes of conduct electronically; and

the minimum term of the distance selling contract for a long-term transaction.

Optional: available sizes, colors, material types.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment of acceptance of the offer by the consumer and the fulfillment of the associated conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance of the offer, the consumer may withdraw from the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and to ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.

The entrepreneur can - within the legal framework - find out whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored on a durable medium so that it is accessible to the consumer:

  1. the visiting address of the trader's establishment to which the consumer can address complaints;
  2. the conditions and the manner in which the consumer can exercise his right of withdrawal or a clear statement on the exclusion of the right of withdrawal;
  3. information on warranties and existing customer service;
  4. the information contained in Article 4 paragraph 3 of these General Terms and Conditions, unless the trader has already provided this information to the consumer prior to the conclusion of the contract;
  5. the conditions for terminating the contract if the contract has a term of more than one year or is open-ended.

In the case of long-term transactions, the provisions of the preceding paragraph shall only apply to the first delivery.

Every contract is concluded subject to the condition precedent of sufficient availability of the respective products.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to cancel the contract within 14 days without giving any reason. This withdrawal period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the withdrawal period, the consumer shall handle the product and the 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 makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the goods. The consumer must notify this by means of a written message/email. After the consumer has declared that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.

If the customer has neither communicated his revocation nor returned the product to the entrepreneur after expiry of the periods specified in paragraphs 2 and 3, the purchase is deemed to have been made.

Article 7 - Costs in the event of cancellation

If the consumer exercises his right of withdrawal, the consumer shall bear the costs of returning the products.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The prerequisite is that the goods have already been received by the online retailer or conclusive proof of complete return can be presented.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products within the meaning of paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has made this clear in the offer at least in good time before the contract is concluded.

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

  1. created by the trader according to the consumer's specifications;
  2. which are clearly of a personal nature;
  3. which cannot be returned due to their nature;
  4. that can spoil or age quickly;
  5. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
  6. for loose newspapers and magazines;
  7. for audio and video recordings and computer software whose seal has been removed 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 services:

  1. in relation to accommodation, transportation, restaurant services or leisure activities to be carried out on a specific day or during a specific period;
  2. the delivery of which has begun with the express consent of the consumer before expiry of the withdrawal period;
  3. all about betting and lotteries.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can 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. This dependence on fluctuations and the fact that the prices quoted are target prices are stated in the offer.

Price increases within 3 months of conclusion of the contract are only permitted if they are based on statutory regulations or provisions.

Price increases from 3 months after conclusion of the contract are only permitted if the contractor has agreed to this and:

  1. they result from statutory regulations or provisions; or
  2. The consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.

The place of delivery is the country in which the transportation begins in accordance with Section 5 (1) UStG 1968. In this case, the delivery takes place outside the EU. The post office or courier service then collects the import VAT or customs clearance costs from the customer. Therefore, no VAT is charged by the entrepreneur.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong 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 of suitability and/or usability and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the contract.

Any 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 in new condition.

The guarantee period of the entrepreneur corresponds to the guarantee period of the manufacturer. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.

The guarantee does not apply if:

The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the Contractor's instructions and/or on the packaging;

The defect is wholly or partly the result of regulations that the government has issued or will issue regarding the type or quality of the materials used.

Article 11 - Delivery and performance

The entrepreneur shall exercise the greatest possible care when accepting and executing product orders.

The place of delivery shall be the address communicated by the consumer to the trader.

Subject to Article 4 of these General Terms and Conditions, the company shall execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or only partially be carried out, the consumer will be informed of this within 30 days of placing the order. In this case, the consumer has the right to terminate the contract free of charge and is entitled to compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid to the consumer as soon as possible, but no later than 14 days after dissolution.

If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly communicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Transactions with a term: duration, termination and extension

Cancellation

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

The consumer may terminate a contract concluded for a specific period that extends to the regular supply of products (including electricity) or services at any time at the end of the specified term, subject to the agreed termination rules and with a notice period of at least one month.

The consumer may make use of the agreements referred to in the preceding paragraphs:

can be terminated at any time and is not limited to termination at a specific time or during a specific period;

end, at least in the form in which they were entered into by him;

You can always terminate with the same notice period that the entrepreneur has set for himself.

Renewal

A contract concluded for a specific period and covering the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.

Notwithstanding the previous paragraph, a contract concluded for a specific period for the regular delivery of daily and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months if the consumer has signed this extension agreement towards the end of the extension and can terminate it with a notice period of no more than one month.

A contract that has been concluded for a definite period and that extends to the regular delivery of products or services can 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. A notice period of no more than three months applies if the contract extends to the regular delivery of daily, news and weekly newspapers and magazines, but less than once a month.

A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines (trial or trial subscription) is not tacitly continued and ends automatically at the end of the trial or trial period.

Length of time

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 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 of the start of the withdrawal period referred to in Article 6(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 report any inaccuracies in the payment data transmitted or provided to the trader without delay.

In the event of late payment by the consumer, the trader is entitled, subject to legal restrictions, to charge the consumer in advance for the reasonable costs disclosed to him.

Article 14 - Complaints procedure

Complaints about the fulfillment of the contract must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints addressed to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint is likely to require a longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

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

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur declares otherwise in writing.

If the entrepreneur considers a complaint to be justified, the entrepreneur will, at his 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 governed exclusively by Dutch law. Even if the consumer lives abroad.