Terms of service

Article 1 – Definitions

The following definitions apply in these Terms and Conditions:

Withdrawal period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;

Day: a calendar day;

Fixed-term contract: a distance contract concerning a series of products and/or services where the delivery and/or purchase obligation extends over a specific period of time;

Durable data carrier: any medium that enables the consumer or the trader to store information personally addressed to them in a way that allows future reference and unchanged 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: a contract concluded within the framework of a system organised by the trader for the remote sale of goods and/or services, whereby one or more means of distance communication are used exclusively up to and including the conclusion of the contract;

Means of distance communication: any method that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same place;

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

Article 2 – Identity of the Trader

Company name: E-comsells Limited
Chamber of Commerce number: 78101387
Brand names: E-comsells
IBAN: NL36ABNA0135704561
Customer service email: info@aveiromode.com
Registered address: Unit B6, 12th Floor, Wing Wah Building, No. 677 King's Road, Quarry Bay, Hong Kong Island, Hong Kong

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 Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed, before the distance contract is concluded, where the Terms and Conditions can be consulted at the trader’s premises and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these Terms and Conditions may, notwithstanding the previous paragraph, be supplied to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, the consumer shall be informed where the Terms and Conditions can be accessed electronically and that they will be sent electronically or otherwise, free of charge, upon request.

Where specific product or service conditions apply in addition to these Terms, paragraphs 2 and 3 apply correspondingly, and in the event of contradictory conditions, the consumer may always rely on the provision that is most favourable to them.

If at any time one or more provisions of these Terms and Conditions are wholly or partly invalid or void, the remaining provisions of the contract and these Terms shall remain in effect. The invalid clause shall be replaced by a provision that approximates the intent of the original as closely as possible.

Situations not covered by these Terms shall be assessed “in the spirit” of these Terms.
Any ambiguity regarding the interpretation or content of one or more provisions shall likewise be interpreted “in the spirit” of these Terms.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated.
The offer is subject to change; the trader reserves the right to modify or adapt it.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an informed evaluation. Images used by the trader are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.
Images of the products are a true representation, but colours may differ slightly in reality.

Each offer contains information sufficient for the consumer to understand the rights and obligations involved in acceptance, including:

the price, excluding customs duties and import VAT, which remain the customer’s responsibility. Postal or courier services will apply relevant import regulations and may collect VAT or clearance fees from the recipient;
any shipping costs;
how the agreement will be concluded and which steps are necessary;
whether the right of withdrawal applies;
payment, delivery, and performance terms;
the validity period of the offer or the price guarantee period;
any costs for distance communication beyond the basic rate;
whether and how the contract will be archived and accessible to the consumer;
how the consumer can verify and, if necessary, correct the information they provide before concluding the contract;
all other available languages for the contract besides Dutch;
codes of conduct adhered to by the trader and how these can be viewed electronically;
the minimum duration of the distance contract in the case of ongoing obligations.

Article 5 – The Contract

Subject to paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance electronically. Until receipt is confirmed, the consumer may cancel the agreement.

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure electronic data transfer and provide a safe online environment. Where the consumer can pay electronically, appropriate security measures shall be observed.

The trader may, within the limits of the law, ascertain whether the consumer is able to meet payment obligations and all relevant facts for responsible conclusion of the contract. If, on this basis, the trader has valid reasons not to conclude the agreement, they may refuse an order or attach special conditions to performance, stating reasons.

The trader shall provide the consumer, in writing or on a durable medium, with the following information:

the address where complaints may be submitted;
conditions and procedures for exercising the right of withdrawal, or a clear statement of exclusion thereof;
information on guarantees and existing after-sales service;
the details specified in Article 4(3), unless already provided before contract conclusion;
the conditions for termination if the contract lasts more than one year or is open-ended.

Each contract is subject to the condition of sufficient product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement within 14 days without giving reasons. The cooling-off period starts the day after receipt of the product by the consumer or an authorised representative.

During this period, the consumer must handle the product and packaging with care, only unpacking or using it as necessary to determine whether they wish to keep it.
If exercising the right of withdrawal, the consumer must return the product with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with the trader’s clear instructions.

To exercise the right of withdrawal, the consumer must inform the trader within 14 days of receiving the product, by written notice or email. After declaring the withdrawal, the consumer must return the product within 14 days. Proof of timely return (e.g. postal receipt) must be provided.
If the consumer does not declare withdrawal or fails to return the product on time, the purchase becomes binding.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs are borne by the consumer.
If the consumer has already paid, the trader will refund the amount as soon as possible, but no later than 14 days after cancellation, provided 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 consumer’s right of withdrawal for the following products and services, provided this was clearly stated in the offer before conclusion:

Products:

produced to the consumer’s specifications;
clearly personal in nature;
which, by their nature, cannot be returned;
that can spoil or deteriorate quickly;
whose prices depend on financial market fluctuations beyond the trader’s control;
individual newspapers or magazines;
audio/video recordings or computer software unsealed by the consumer;
hygiene products unsealed by the consumer.

Services:

relating to accommodation, transport, catering or leisure activities on a specific date or within a specific period;
whose performance has begun with the consumer’s explicit consent before expiry of the cooling-off period;
relating to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, prices will not be increased, except for VAT changes.

Contrary to the above, the trader may offer variable prices for products or services subject to financial market fluctuations beyond their control. Such fluctuation dependence and indicative pricing will be stated in the offer.

Price increases within three months of conclusion are only permitted if based on legal or regulatory changes.
Price increases after three months are only allowed if agreed upon and the consumer has the right to terminate the contract from the date the increase takes effect.

In accordance with Article 5(1) of the 1968 VAT Act, the place of delivery is the country where transport begins. As the delivery occurs outside the EU, postal or courier services may charge import VAT or customs fees to the customer. The trader is therefore not charged VAT.

All prices are subject to printing or typographical errors. No liability shall be accepted for such errors, and the trader is not obliged to deliver at an incorrect price.

Article 10 – Conformity and Warranty

The trader guarantees that products and/or services comply with the contract, the specifications in the offer, reasonable usability, and applicable statutory requirements. Where agreed, the trader also guarantees suitability for non-standard use.

Any guarantee given by the trader, manufacturer, or importer does not affect statutory rights available to the consumer.

Defective or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery and returned in original packaging and unused condition.

The warranty period corresponds to that of the manufacturer. The trader is not liable for suitability for individual purposes or advice regarding use or application.

Warranty does not apply if:

the consumer has repaired/altered products themselves or via third parties;
products were exposed to abnormal conditions, misuse, or neglect;
the defect arises from government regulations regarding material types or quality.

Article 11 – Delivery and Execution

The trader shall take the utmost care in receiving and executing product orders.
The delivery address is the one provided by the consumer.

Subject to Article 4, orders shall be executed promptly, within 30 days unless otherwise agreed. If delivery is delayed or an order cannot be fulfilled, the consumer shall be informed within 30 days and may cancel the agreement without cost, receiving a full refund within 14 days.

If the ordered product is unavailable, the trader shall provide a replacement item, clearly informing the consumer at delivery. For replacement items, withdrawal cannot be excluded, and return costs are borne by the trader.

Risk of damage or loss passes to the consumer upon delivery to them or their designated representative.

Article 12 – Duration Contracts: Term, Termination and Renewal

Termination:
The consumer may terminate an open-ended contract for regular supply of goods or services at any time with up to one month’s notice.
A fixed-term contract may be terminated by the consumer at its expiry with up to one month’s notice.

Renewal:
A fixed-term contract for regular supply may not be tacitly renewed for another fixed term.
An exception applies for daily or weekly newspapers/magazines, which may be tacitly renewed for up to three months, provided the consumer may terminate with one month’s notice.
A fixed-term contract may convert to an open-ended one only if the consumer may terminate at any time with one month’s notice (three months for less frequent publications).
Trial or introductory subscriptions end automatically at the end of the period.

Duration:
If a contract lasts more than one year, the consumer may terminate it after one year with up to one month’s notice, unless fairness prevents earlier termination.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days from the start of the cooling-off period referred to in Article 6(1).
For service contracts, this period begins after confirmation of the agreement.

The consumer must immediately report any inaccuracies in provided or stated payment data.

In case of non-payment, the trader may charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about contract performance must be submitted to the trader in writing, clearly described, within seven days after discovery of defects.

Complaints will be answered within 14 days of receipt. If a longer processing time is required, an acknowledgement will be sent within 14 days, indicating when a detailed reply can be expected.

If a complaint cannot be resolved amicably, a dispute arises subject to dispute resolution.
A complaint does not suspend the trader’s obligations unless confirmed in writing.
If justified, the trader will replace or repair the product at no cost.

Article 15 – Disputes

Dutch law exclusively governs contracts between the trader and the consumer to which these Terms and Conditions apply, even if the consumer resides abroad.

Article 16 – CESOP

Following the measures introduced and reinforced from 2024 under the “Act amending the Turnover Tax Act 1968 (Implementation of the Payment Service Providers Directive)” and the introduction of the Central Electronic System of Payment information (CESOP), payment service providers may register data in the European CESOP system.