Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract concerning a series of products and/or services, where the delivery and/or acceptance obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;
Distance communication technique: means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Trade name: Melzano
Legal Owner: Molwerf limited
UNIT 2A, 17/F GLENEALY TOWER
NO.1 GLENEALY CENTRAL
HONG KONG
Phone: +31 06 10314035
Email address: info@Melzano.com
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In case specific product or service conditions also apply alongside these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be promptly replaced by a provision that approximates the intent of the original as closely as possible through mutual consultation.
Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. 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 dissolution of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer. This concerns in particular:
the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special scheme for postal and courier services regarding import. This scheme 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 (whether or not together with the charged customs clearance costs) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and which actions are necessary for that;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
whether the agreement is archived after conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
the possible other languages in which, besides English, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in case of a duration transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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 dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may – within legal frameworks – ascertain whether the consumer can meet his payment obligations, as well as all facts and factors relevant for responsibly entering into the distance agreement. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information regarding the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the data included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts the day after the product is received by the consumer or a representative designated in advance by the consumer and known to the entrepreneur.
During the reflection period, the consumer will handle 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 the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The notification must be made by the consumer via a written message/email. After the consumer has indicated that he wishes to exercise 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 means of proof of shipment.
If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received by the webshop 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 as described in 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 time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to 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 tied to fluctuations in the financial market over which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software for which the consumer has broken the seal.
- for hygienic products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
- for which delivery has begun with the explicit consent of the consumer before the reflection period has expired;
- concerning bets and lotteries.
Article 9 – The price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if their prices are tied to fluctuations in the financial market and the entrepreneur has no influence on them. This linkage to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the agreement from the day the price increase takes effect.
The place of delivery is, pursuant to Article 5, first paragraph, of the Turnover Tax Act 1968, the country where the transport begins. In this case, this delivery takes place outside the EU. Consequently, import VAT and/or customs clearance costs will be charged to the customer by the postal or courier service. Therefore, no VAT will be 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 case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect 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 soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Return of the products must be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any 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 has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal circumstances or otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or treated on the packaging;
The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
The place of delivery shall be the address that the consumer has communicated to the company.
Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In case of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are 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 representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination, and extension
Termination
The consumer can terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or during a specific period;
at least terminate in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement entered into for a fixed term and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed term and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement is aimed at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness 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 after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
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 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 their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Hong Kong law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and tightened as of 2024 regarding the 'Amendment of the Turnover Tax Act 1968 (Act implementing the Payment Service Providers Directive)' and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.
