Terms and Conditions
**Article 1 – Definitions**
In these Terms and Conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day; 15-6-2024
Extended transaction: a distance contract relating to a series of products and/or services, where the 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 him in a way that is accessible for future reference and unaltered reproduction.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur having come together at the same place at the same time.
General terms and conditions: the present general terms and conditions of the entrepreneur.
**Article 2 – Identity of the entrepreneur**
Company name: PECOM LIMITED
Email address: info@williams-mode.com
Trade register number: available on request
VAT number: available on request
Address:Unit 2A, 17/F Glenealy Tower, No.1 Glenealy Central, Hong Kong. (no returns address)
**Article 3 – Applicability**
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at his request.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge at his request, by electronic means or otherwise.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced immediately by mutual agreement with a provision that approximates as closely as possible to the original intention.
Situations that are not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities in the interpretation or content of one or more provisions of our terms and conditions should 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 made under 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 a proper assessment of the offer by the consumer. If the entrepreneur uses illustrations, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and information in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colours exactly match the real colours 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. This concerns in particular:
the price, excluding customs duties and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services with regard to import. This regulation applies if the goods are imported into the country of destination of the EU, which is the case here. The postal and/or courier service will collect the VAT (possibly together with the invoiced customs duties) from the recipient of the goods;
the possible shipping costs;
the way in which the contract is concluded and what actions are required for this;
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 level of the tariff for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic tariff for the means of communication used;
whether the contract will be archived after it has been concluded and, if so, how it will be accessible to the consumer;
the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and, if necessary, correct it;
if applicable, the other languages in which the contract can be concluded in addition to German;
the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an extended transaction.
Optional: available sizes, colours, material types.
**Article 5 – The contract**
Subject to the provisions of paragraph 4, the contract shall be concluded at the time when the consumer accepts the offer and fulfils the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure 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 legal frameworks – inform himself about the consumer's solvency, 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 enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
the conditions and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing service after purchase;
the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the agreement;
the requirements for terminating the contract if the contract has a duration of more than one year or an indefinite duration.
In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
**Article 6 – Right of withdrawal**
When purchasing products, the consumer has the option to cancel the contract without giving reasons within 30 days. This cooling-off period begins on the day after the consumer or a representative designated by the consumer and made known to the entrepreneur receives the product.
During the cooling-off period, the consumer will treat the product 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 will return the product with all delivered accessories and – if reasonably possible – in
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 are obliged to notify the entrepreneur within 30 days of receipt of the product. The consumer must do this in writing or by e-mail. After the consumer has notified that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered products have been returned in a timely manner, for example by means of proof of shipment.
If the Consumer has not notified the Entrepreneur of the exercise of the right of withdrawal or has not returned the product within the time limits specified in paragraphs 2 and 3, the purchase is final.
**Article 7 – Costs in the event of cancellation**
If the consumer exercises his right of cancellation, he shall bear the costs of returning the products.
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. However, this is subject to the condition that the product has already been returned or conclusive proof of complete return can be provided.
**Article 8 – Exclusion of right of withdrawal**
The entrepreneur can exclude the consumer's right of withdrawal for products in accordance with 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 good time prior to the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
made by the trader in accordance with the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the trader has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
the supply of which has begun with the express consent of the consumer before the end of the cooling-off period;
concerning bets and lotteries.
Article 9 – Price
During the validity period given in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market and where these prices are beyond the trader's control. The offer will indicate this link with fluctuations and the fact that any prices mentioned are recommended prices.
Price increases within 3 months of the conclusion of the contract are only permissible if they are based on statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permissible if the entrepreneur has agreed to this and:
these are based on statutory regulations or provisions; or
the consumer has the right to terminate the contract at the time at which the price increase takes effect.
The place of delivery is based on Article 5 (1) of the 1968 VAT Act and is in the country where the transport begins. In this case, delivery is made outside the EU. As a result, the postal or courier service will charge the recipient import sales tax or customs duties. The entrepreneur will therefore not charge VAT.
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 and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.
**Article 10 – Conformity and warranty**
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader 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 claims that the consumer can assert against the entrepreneur on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The products must be returned in their 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 application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer repairs and/or alters the delivered products himself, or has them repaired and/or altered by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled improperly or in violation of the instructions provided by the entrepreneur and/or on the packaging;
The defect is wholly or partly the result of government regulations that have been or will be made with regard to the nature or quality of the materials used.
**Article 11 – Delivery and implementation**
The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
The place of delivery is the address that the consumer has provided to the company.
With due observance of the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract at no cost and is entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will repay the amount that the consumer has paid as soon as possible but at the latest within 14 days following dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement product available. At the latest upon delivery, it will be indicated in a clear and comprehensible manner that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
**Article 12 – Extended duration transactions: duration, termination and renewal**
Termination
The consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time in accordance with the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least in the same way as they were concluded by him;
always with the same notice period as the entrepreneur has stipulated for himself.
Extension
A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a contract that has been concluded for a definite period and that extends to the regular delivery of daily, news and weekly newspapers as well as magazines may be tacitly renewed for a definite period of a maximum of three months if the consumer can terminate this extended contract at the end of the extension with a notice period of a maximum of one month.
An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines
.
A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for trial purposes or as an introductory offer (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration 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 resist 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 start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract to provide a service, this period begins after the consumer has received the confirmation of the contract.
The consumer is obliged to report inaccuracies in the payment data provided or made available to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for the reasonable costs previously communicated.
**Article 14 – Complaints procedure**
Complaints about the performance of the contract must be submitted to the entrepreneur in full and clearly described within 7 days of the defects being identified.
A reply to complaints submitted to the entrepreneur will be provided within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed reply.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, either replace or repair the delivered products free of charge.
**Article 15 – Disputes**
Contracts between the entrepreneur and consumer to which these general terms and conditions apply are subject only to Dutch law, even if the consumer lives abroad.