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服务条款

一般服务条款

 

公司名称:Maiouzhou S.R.O,买欧洲

ID08369076

税号:CZ08369076

公司注册地址: Týn 640/2, Prague 1, 101 00

布拉格市法院商业注册处注册号码:316027(以下简称:卖家

 

本条款自202066日起生效

 

1.一般条款

 

1.1本条款规范在买欧洲跨境电商www.maiouzhou.cn(以下简称买欧洲)购买商品之买方(以下简称买方)与卖方之间订立的购买协议及基于该协议达成的相互权利义务。访问或使用我们的在线商城,即表示您同意遵守使用条款并受其约束。阅读本协议的过程中,如果您不同意本协议或其中任何条款约定,您应立即停止注册、登录程序或其他使用行为。

1.2本协议不适用于购买协议人为法人或以业务名义独立行使权利的自然人。在您开始注册程序和/或登录使用买欧洲服务前,应当具备中华人民共和国法律规定的与您行为相适应的民事行为能力。如您不具备前述与您行为相适应的民事行为能力,则您及您的监护人应依照法律规定承担因此而导致的法律后果。

1.3 根据购买协议,卖方承诺将订购的货物交付给买方,买方承诺接收货物并向卖方支付购买价格,包括运输、包装费用和行邮税费。为了建立购买协议,买方必须发送订单并支付购买价格,包括运输、包装费用和行邮税费,而卖方必须接受订单。

1.4购买相关注意事项请参照第二条。购买价格,付款条件和付款方式在参照第3条。有关退出购买合同的可能性的信息在第5条中。交货条件请参照第6条。缺陷或瑕疵产品(含投诉)请参照第7条。最终规定,请参见第8条。

1.5本协议和条款的内容可由卖方更正或修改。本规定不影响在本协议和条款的先前规范生效期间产生的权利和义务。

1.6 卖方可根据国家法律法规变化及维护交易秩序、保护消费者权益需要,不时修改本协议、补充协议,变更后的协议、补充协议(合称变更事项)将通过页面公告通知您。 如您对已生效的变更事项不同意,您应当于变更事项确定的生效之日起停止使用买欧洲服务,变更事项将对您不产生效力;如您在变更事项生效后仍继续使买欧洲服务,则视为您同意已生效的变更事项。本条款不影响由于修改前的规范而产生的权利和义务。

1.7卖方保证所售商品均来自欧洲供应商。

 

2.采购协议

 

2.1卖方在本平台上提供的商品视为非约束性要约。买卖双方间之合同关系源于买方提交订单,支付全数价金(含运费、包装费用和行邮税费等)后,由卖方接受订单交付,并以简讯方式发送至买方于注册表格中提供的电话号码。最终的合同只能通过双方之间协议或基于法律依据来更改或取消。买欧洲对于用户所有的通知均可通过页面公告、电子邮件、站内消息、手机短信或常规的信件传送等方式进行,在发送成功后即视为送达。

2.2注册信息管理

2.2.1订购商品前必须注册并提交下列信息:

a)姓名

b)身份证号码

c)电话号码

d)身份证照片(正面和背面)

2.2.2 如卖方发现或第三方投诉您以虚假信息骗取账号注册、登录,或您的头像、昵称等信息存在违法、侵权或不良信息的,卖方有权直接采取限期改正、暂停使用、注销账号、收回账号权限等措施。账号因您主动泄露、不当保管或因您遭受他人攻击、窃取、诈骗等行为导致的损失及后果,卖方并不承担责任,您应通过司法、行政等救济途径向侵权行为人追偿。如因卖方拥有纠正警示的权利:

a卖方有权直接纠正错误。

b卖方有权中止使用该帐户。

c卖方有权取消帐户。

d卖方有权承担该帐户的所有权利。

e卖方有权为纠正之目的采取本条未规定的其他步骤。

2.2.3对于因滥用账户或第三方未经授权访问(包括例如由于密码丢失)而造成的任何损失,卖方不对买方承担任何责任。

2.2.4 买方购买应基于实际消费者购买需求。不得有任何恶意交易等干扰正常交易顺序。如果发生这种行为,卖方有权:

a取消订单,

b限制交易,

c删除信息,

d限制账户权利

2.3在向卖方提交订单之前,买方可检查和更改买方输入到订单中的数据。在提交订单之前,买方必须了解最终价格,包括运输、包装费用和行邮税费。买方通过单击提交订单按钮将订单提交给卖方。

2.4买方通过提交订单确认已阅读本协议,并且毫无保留地同意之。

2.5在以下情况中,卖方保留取消订单或部分订单的权利:

a已不再生产或交付货物。

b货物被标记为当前不可用

c由于不可抗力原因无法执行订单。

d买方未支付订单中指定的购买价格。

e货物供货商价格发生重大变化。

f卖方网站上的商品明显显示虚假/错误价格。

卖方有义务立即将此事实通知买方。如果买方已支付部分或全部购买价格,则该款项将被退还。

2.6卖方无义务与先前违反购买协议(包括条款和条件)的买家订立协议。

2.7跨境电子商务零售进口商品的单次交易限值与年度交易限值按照国家相关政策执行,买方在买欧洲购买商品和/或服务时请务必提前统计核算您是否已超过限值;如因超过限值而产生的不利后果(包括清关失败等)由您自行承担。

 

 

3.购买价格,付款条件和付款方式

 

3.1所提供商品的购买价格包括增值税,但不包括包装和运输成本。买方有义务向卖方支付货物价格及运输、包装和行邮税费相关费用。除非另有明确说明,否则最终购买价格包括运输成本。在提交订单之前,将告知买方有关订单的最终购买价格。

3.2价格以欧元报价,汇率视当日支付宝和微信支付决定之。

3.3卖方保留更改商品价格的权利。向买方提交订单时的价格在订单确认/取消之前一直有效。

3.4买方可以选择以下付款方式:

a)微信支付

b)支付宝

 

4.货物的运输和交付

 

4.1货物的交付方式由卖方决定。

4.2 运输、包装费用和行邮税费必须由买方与购买价格时一同支付,否则将认为未达成购买协议。在提交订单之前,卖方会向买方提供运输、包装费用和行邮税费。

4.3交货时间取决于订购之货物是否有现货。卖方不能影响外部承运人交货的时间。如果交货时间有问题,买方可以与卖方联系以解决该情况。通常交货时间为19-24个工作日。

4.4交货指在交期内将货物交付到买方在订单中指定的地址。买方于不合理情形下拒收货物,应视为卖方已履行交付货物义务或买方未解除合同。

4.5买方通过支付商品的全额购买价(包括包装、运输成本和行邮税费)来获得商品的所有权。意外毁坏,货物损坏或丢失的责任应在接管货物之时或买方有义务接管货物但不违反购买合同的情况下转嫁给买方。

4.6当从承运人处收到货物时,买方有义务检查货物包装的完整性,如有任何缺陷,请立即通知承运人。如果发现包装违反/违反规定,表明未经授权进入货物,买方不得从承运人处取走货物。

 

5. 售后政策

 

5.1买欧洲所销售的商品均采自欧洲正规供应商,坚持正品保障,采购协议是通过远程沟通(在线商城)达成的,跨境商品均不支持7天无理由退换货,如有商品质量问题、溢漏损失等(不包括主观原因导致不想要)可申请换货,如因商品无法如期到货,由卖方提出取消订单,并退款给与买方;个别商品(例如,短效期的海外食品、贴身使用的内衣物等)之相关退换货政策,请留意商品页面上的特殊说明。
5.2 通过买欧洲客服从消费者所购买的产品中原路返还款项。

5.3退换货的期限,从您收到买欧洲商品次日起算。经客服确认满足换货要求的情况下,会尽快通过退换货申请并在完成换货流程后将商品寄送给买方。通过客户服务站点从购买中取款:买方根据本款退换货时,请将货物于5天内退还送达至卖方地址:浙江省余姚市马渚镇兆通一品。
5.4
客户在线申请退换货时,请确保:

商品表面无划痕、无磨(破)损、无磕碰、无使用、无拆卸等痕迹;防伪标识、标签或其他防伪措施未刮开、撕损、修改及改动(若有),唯一性三包卡不能缺失或撕损(若有);如有赠品,也必须将赠品一并退回;请务必将商品的内带附件、保修卡、说明书、发票、检测报告(针对需出示的商品)等随同商品一起退回。

买方在寄送货物时必须将其包装在合适的包装中,以免损坏或破坏货物。对于使用不合适的包装而在运输过程中严重损坏或破坏的商品将不支持退款。

5.5 如果退回卖方的货物损坏,磨损或部分消耗,则卖方有权要求买方所赔偿买方造成的损失。卖方有权单方面抵销已发生的损害赔偿要求,而买方则有权要求退还货款。

5.6在买方撤回购买协议的情况下,货物退还给卖方的费用应由买方承担,即使由于其性质无法通过常规邮寄路线退回之货物亦同。

5.7 卖方应按照卖方收到款项相同方式,在买方撤销购买协议后的三十天内退还价金,不含运输费用。如果买方撤销合同,则卖方没有义务在买方退还货物或证明货物已发送给卖方之前将收到的资金退还给买方。

5.8消费者无权退出购买协议,特别是在以下情况的购买协议的情况下:

a易腐货物和交货后与其他货物不可逆地混合的货物。

b消费者从包装中取出的密封物品的供应,并由于卫生原因不能退还。

5.9 特别说明,以下情况不予办理退货:

(a)商品详情页上特殊说明处已说明不支持7天无理由退货,非质量及发货问题,不支持退货;

5.10在以下情况下,买方如果无法提出有效理由,则无法撤消合同:

a防伪标记和标签已损坏。

b3C数字产品序列号与发送的产品不一致,无法退回。

dMaiouzhou不出售该产品。

e采购协议涉及标有“不可无故退货”的商品。

g其他物品已添加到商品中,并且不能与主要产品一起退还(例如,附件或保修卡)。

5.11在以下情况下,卖方有权撤销合同:

a系统上的技术错误导致商城上之购买价格明显错误;

b出于客观原因,无法在原始条件下提供货物;

c协议的执行在客观上是不可能的或非法的。

 

6. 权利行使

 

6.1卖方有责任交付无瑕疵之物。特别是,卖方有责任在确保买方货物为:

a具有双方约定性质;

b适合卖方指定的目的,或通常用于此类货物。

c货物具适当的数量,尺寸或重量。

d符合法律要求。

6.2如果货物不具有上述特征,则买方也可要求交付无缺陷的新货物,除非由于缺陷的性质而不合理,但如果缺陷仅涉及部分货物。如果买方无法使用商品,在维修后重复出现缺陷或出现大量缺陷,则即使在出现可清除缺陷的情况下,买方也有权要求交付新货物或更换零件。在这种情况下,买方有权退出合同。

6.3 买方在收到货物后,买方有义务立即检查货物(包括内包装,商品袋等)。如果买方发现货物不具有6.1的特征,则必须联系客户支持请在收货后48小时内立即提供以下信息:订单号,照片和损坏说明,CN24损坏报告(损坏报告)和外包装照片。如果买方逾期,卖方将没有义务遵守6.1相关索赔。

6.4买方通过退货和索赔部分中可用的客户服务行使有瑕疵的权利。在行使权利之前,买方应确保投诉原因符合规定的条件。

6.5退货操作,您需要和我们的客服联系,说明您退货的理由,客服人员会根据具体情况决定您是否可以退货。退款说明,在办理退款前,请确保您的商品符合退货政策。如果售后人员同意了您的退款申请,退款将按照原路径退回。

6.6如因货品存有瑕疵,买方应收到商品后5个工作日内决定是否需要向卖方索赔。根据专家评估确认产品缺陷,该时间段不包括合理的时间。投诉(包括新货物的发送)将在不迟于索赔之日起三十(三十)天之内应无故拖延地处理,除非买卖双方同意更长的期限。

6.7如果买方对于产品的瑕疵于收货前已知或必须知道,或者缺陷由买方造成,则买方无权行使本权利。

6.8买欧洲网站上的产品图片和信息仅供参考。由于屏幕显示器上的显示效果不同,商品和促销图片之间可能会有颜色差异。但是,这并不表示造成买方所购买之商品存有瑕疵。

6.9在以下情况下,买方不能行使瑕疵品退换货的权利:

a是由于正常使用引起的商品磨损

b由于货物的性质而造成的

c货物明显被滥用

d货物存放不正确

e损坏不是由卖方造成的

7.使用远程通讯手段的费用

7.1买方在订立购买协议时同意使用远程通讯方式。买方在与购买协议订立时使用远程通讯方式所产生的费用(互联网连接费用,电话费用)应为由买方本人承担。

8.最终规定

8.1客户隐私部分中描述了卖家如何处理买家的个人信息。买方承认/她有义务正确,真实地提供他/她的个人数据,并且他/她有义务立即将其个人数据的更改通知卖方。买方确认所提供的个人信息正确无误。

8.2本条款和条件应在签订购买协议之日按照卖方网站上的规定适用。买方订单在确认为买方与卖方之间已订立的合同后,应存档以用于履行和其他目的。记录和其状态可供买方访问。

8.3未经卖方事先书面同意,买方无权将购买合同的权利和义务转让给第三方。

8.4本协议之订立、生效、解释、修订、补充、终止、执行与争议解决均适用捷克共和国相关法律。如法律无相关规定的,参照商业惯例和/或行业惯例。

8.5经由买欧洲服务引起的争议将由买欧洲公司与买方协商解决。如果协商失败,任何一方均可根据仲裁规将争端提交国际经济贸易仲裁委员会,由三名仲裁员进行仲裁。





TERMS AND CONDITIONS

 

Valid from 06.06. 2020

 

Terms and Conditions of Business Company Maiouzhou, s.r.o., Company ID: 08369076, Tax ID: CZ08369076 with registered office at Týn 640/2, Prague 1, Postal Code: 101 00, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert: 316027 (hereinafter referred to as the: “Seller”).

 

1.    General provisions

 

1.1 These Terms and Conditions govern and specify the mutual rights and obligations arising in connection with or on the basis of a purchase agreement concluded between the Seller and the Buyer (hereinafter referred to as the "Buyer") who purchases the Seller's goods through the online cross-border store www.maiouzhou.cn (hereinafter referred to as the “Maiouzhou”). By accessing or using the Maiouzhou website, the Buyer agrees to be bound by these terms and conditions. If, after reading the Terms and Conditions, the Buyer does not agree with their wording, the Buyer is obliged to immediately stop the process of registration, login or other use of Maiouzhou.

1.2 These Terms and Conditions do not apply in cases where a person who intends to enter the purchase agreement is a legal person or a person who, in entering the purchase agreement, acts in the name of his business or in the scope of independent exercise of his profession. Before commencing the registration process and / or subscribing to the Maiouzhou services: The buyer must comply with the legal requirements relating to the use of Maiouzhou, as required by the laws of the People's Republic of China. If the Buyer is unable to act legally, he and his legal representative bear the legal consequences that resulted from such use.

1.3 Based on the purchase agreement, the Seller undertakes to deliver the ordered goods to the Buyer and the buyer undertakes to take over the goods and pay the Seller the purchase price, including shipping and packing costs. In order for the purchase agreement to be established, the Buyer has to send the order and pay the purchase price, including shipping and handling costs, and the Seller has to accept the order.

1.4 Information about the purchase agreement is in Article 2. The purchase price, payment terms and payment methods are specified in Article 3. Article 4 deals with the transport and delivery of goods. Information on the possibility of withdrawal from the contract is in Article 5. Rights from defective performance (complaint) can be found in Article 6. The costs of using means of distance communication are in Article 7. Final provisions can be found in Article 8.

1.5 The text of these Terms and Conditions may be modified or amended by the Seller. This provision shall not affect rights and obligations arising during the period of effect of the previous wording of the Terms and Conditions.

1.6 The Seller reserves the right, in accordance with the national law, to maintain and change the order of transactions and to protect the interests of the Buyer. The Seller reserves the right to change the terms and conditions and related documents (collectively referred to as “changes”). The Buyer shall be notified of these changes on the site and if he does not agree with the changes that have already entered into force, the Buyer should stop using Maiouzhou services from the date these changes took effect. Once the change is notified as a page notification, it will take effect and replace the previous related content. The seller does not need to inform each user separately. In the event of a dispute, the last amendment shall prevail. If the buyer continues to use Maiouzhou services after the changes come into effect, they are deemed to have accepted and agreed to the changes. If the Buyer continues to use Maiouzhou services after the changes come into effect, it is deemed that the Buyer agreed to the changes. The Buyer deemed to be aware of the change and agree to accept it. This clause does not affect the rights and obligations arising from the modification of these previous terms of service.

1.7 The Seller guarantees that the sold goods are from European suppliers.

 

 

2. Purchase agreement

 

2.1 The placement of the goods offered by the seller on the website of the online store www.maiouzhou.cn shall be considered as a non-binding offer. The contractual relationship between the Seller and the Buyer arises from Buyer submitting the order and paying the purchase price (including shipping and packing costs by the buyer) and subsequent delivery of acceptance of the order (acceptance) by the Seller, which is sent to the Buyer via text message on the phone number which the Buyer submitted upon registration. The resulting contract may only be changed or canceled by agreement between both parties or based on a legal grounds. All the notices for users of Maiouzhou can be performed through page announcements, emails, station messages, mobile phone text messages or regular letter delivery, etc., and will be deemed to be delivered after successful delivery.

2.2 Registration process:

2.2.1 To order the goods it is necessary to register and submit all necessary information, especially:

(a) Name and Surname

(b) ID number

(c) Phone number

(d) Photo of an ID card (front and back)

The Buyer further confirms and agrees that the information provided for registration is true, accurate, complete, legal and valid and that any changes to this information must be updated in a timely manner.

 

2.2.2 If the Seller discovers or is warned by a third party that the Buyer has used false information to register and / or log in, or that the Buyer's avatar, nickname or other information is illegal, incorrect or morally infringing, the Seller has the right to remedy the situation:

(a) The Seller is entitled to rectify the error directly.

(b) The Seller is entitled to suspend the use of the account.

(c) The Seller is entitled to cancel the account.

(d) The Seller is entitled to assume all rights to the account.

(e) The Seller is entitled to take further steps not specified in this clause for the purpose of rectification.

2.2.3 The Seller shall not be liable to the Buyer for any loss caused by misuse of the account or unauthorized access by third parties, including, for example, as a result of the loss of the password.

2.2.4  The purchase behavior is based on the basic real consumer demand. There must be no malicious purchases etc. that disturb the the normal order of transactions. If such behavior occurs, the Seller has the right to:

(a) cancel orders,

(b) restrict transactions,

(c) delete information,

(d) limit account rights

2.3 Before submitting the order to the Seller, the Buyer has the opportunity to check and change the data entered into the order by the Buyer. Before submitting the order, the Buyer is acquainted with the final price including the packaging and shipping fee. The Buyer submits the order to the Seller by clicking on the "Submit Order" button.

2.4 By submitting the order the Buyer confirms that he has read the valid wording of the Terms and Conditions and agrees with the wording without any reservation.

2.5 The Seller reserves the right, among other things, to cancel an order or part of if:

(a) the goods are no longer manufactured or delivered.

(b) the goods are marked as "currently unavailable"

(c) the order cannot be executed due to force majeure.

(d) the buyer has not paid the purchase price as specified in the order.

(e) the price of the supplier of the goods has changed significantly.

(f) the goods on the Seller's website are clearly displaying a false/wrong price.

The seller is obliged to inform the Buyer about this fact immediately. If the buyer has already paid part or all of the purchase price, this amount will be refunded.

2.6 The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Agreement, especially with persons who have previously breached the Purchase Agreement (including the Terms and Conditions).

2.7 The limit of each individual transaction and the annual limit of transactions in cross-border e-commerce shall be governed by the relevant national policies. When purchasing goods on Maiouzhou, the Buyer is obliged to calculate and be responsible for not exceeding the limits; Any adverse consequences (including failure to perform customs clearance) as a result of exceeding the limit are borne by the Buyer.

 

 

3. Purchase price, payment terms and payment methods

 

3.1 The purchase prices of the goods on offer are inclusive of value added tax, but they do not include packing and shipping costs. Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods. Unless expressly stated otherwise, the final purchase price also includes the costs associated with the delivery of goods. The buyer is informed about the final purchase price of the order, including the cost of delivery of the goods, before submitting the order.

3.2 Prices are quoted in EUR, the exchange rate is governed by the Alipay and Wechatpay exchange rates.

3.3 The seller reserves the right to change the prices of goods. The price when submitting the order to the buyer is valid until the order confirmation / cancellation.

3.4 The buyer can choose from the following payment methods:

(a) Wechatpay

(b) Alipay

 

4. Transport and delivery of goods

 

4.1 The method of delivery of goods is determined by the seller.

4.2 The price for transport and packing must be paid by the Buyer together with the purchase price, otherwise the purchase agreement is not concluded. The Buyer is presented with the price of transport and packing before submitting the order.

4.3 The time of delivery of the goods always depends on the availability of ordered goods. The seller cannot influence the time of delivery of goods by external carriers. In the event of problems regarding delivery time, the buyer may contact the seller to resolve the situation with the carrier. In general, the delivery time is 14 working days.

4.4 Delivery of goods according to these terms and conditions means the moment of delivery of goods to the address specified by the buyer in the order. Unreasonable rejection of the goods by the Buyer shall not be deemed a failure to fulfill the obligation to deliver the goods by the Seller or withdrawal from the Contract by the Buyer.

4.5 The buyer acquires title to the goods by receiving the goods. Responsibility for accidental destruction, damage or loss of goods shall pass to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods, but did not do so contrary to the purchase contract.

4.6 When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In case of finding a breach/violation of the package, which indicates unauthorized entry into the shipment, the buyer shall not take the shipment from the carrier.

4.7 The applicable taxes and fees to be paid by the buyer for the purchased goods are set out in the provisions of the “Customs Tariff Principles”.

 

5. Withdrawal from the purchase agreement

 

5.1 The purchase agreement is concluded by means of distance communication (in the online store), the buyer has the right without giving a reason to withdraw from the contract within 7 days of receipt of goods.

5.2 Withdrawal from the purchase a via the customer service site - available in the part Returns and Complaints.

5.3. In the event that the buyer withdraws from the contract according to the preceding paragraphs, he is obliged to send the goods back to the seller at his own expense to: Týn 640/2, Prague 1, 110 00 Czech Republic. The goods must be returned to the Seller undamaged, unused and unpolluted and, if possible, in the original packaging, within 30 days from the date of withdrawal from the purchase contract.

5.4 When sending the goods, the buyer is obliged to pack the goods in a suitable packaging so that it is not damaged or destroyed. Goods that are substantially damaged or destroyed during transport due to the use of unsuitable packaging cannot be returned the purchase price of the goods.

5.5 The Buyer acknowledges that if the goods returned to the Seller are damaged, worn or partially consumed, the Seller shall be entitled to compensation from the Buyer for damages incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for compensation of the incurred damages against the Buyer's claim for refund of the purchase price of the goods.

5.6 The costs of returning the goods to the Seller in case of withdrawal from the Purchase Agreement by the Buyer shall be borne by the Buyer, even if the goods cannot be returned by their usual postal route due to their nature.

5.7 The buyer shall return the funds in the amount of the purchase price of the goods without the delivery costs within 30 (thirty) days from the withdrawal from the Purchase Agreement by the Buyer in the same manner as received by the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the seller.

5.8 The consumer does not have the right to withdraw from the purchase agreement especially in the case of a purchase agreement for:

(a) the supply of perishable goods and goods which have been irreversibly mixed with other goods after delivery.

(b) the supply of sealed goods which the consumer has removed from the package and for reasons of hygiene it cannot be returned.

5.9 In a case that the purchase agreement relates to goods with the indication "Return without reason is not possible" it is not possible to withdraw from the purchase agreement as based on 5.1

5.10 It is not possible to withdraw from the contract without giving a reason if:

(a) Anti-counterfeit marks and labels are damaged.

(b) The 3C digital product serial number is inconsistent with the product sent and cannot be returned.

(d) The product is not sold by Maiouzhou.

(e) The purchase agreement relates to goods that are labeled "Return without reason is not possible".

(g) Additional items have been added to the goods and cannot be returned with the main product (eg accessories or warranty cards).

5.11 The seller has the right to withdraw from the contract in the following cases:

(a) a technical error resulted in a clearly wrong purchase price on the Store's web interface;

(b) goods for objective reasons cannot be supplied under the original conditions;

(c) execution of the agreement becomes objectively impossible or illegal.

 

6. Rights from defective performance

 

6.1 The Seller is liable to the Buyer that the goods are free from defects upon delivery. In particular, the Seller is liable that at the time the Buyer has received the goods that:

(a) has properties agreed upon by the parties and, in the absence of an agreement, features described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out;

(b) the goods are fit for the purpose stated by the seller or for which goods of this kind are normally used,

(c) the goods are of an appropriate quantity, measure or weight

(d) complies with legal requirements.

6.2 If the goods do not have the aforementioned characteristics, the buyer may also request the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods. The buyer has the right to deliver new goods or replace parts even in the case of a removable defect, if he cannot properly use the goods for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the buyer has the right to withdraw from the contract.

6.3 Upon receiving the goods, the buyer is obliged to immediately inspect the goods (including the outer and inner packaging, foil bags, etc.) If the Buyer finds out that the goods do not exhibit the characteristics of 6.1, he must contact Customer Support immediately, no later than 48 hours after receipt of the goods, and provide the following information: Order number, photo and damage description, CN24 damage report (damage report), and outer packaging photo. The buyer is not obliged to comply with a late claim.

6.4 The buyer exercises the right from defective performance through the customer service available in the Returns and Claims section. Before exercising the right, the buyer shall make sure that the reasons of complaint comply with the stated conditions.

6.5 As the moment of claiming the defective performance is considered to be the moment when the Seller was notified of the defect by the Buyer and the claim of defective performance was exercised by the Buyer.

6.6 The Seller shall decide on the claim by 7 work days. This period does not include a reasonable time depending on the type of product needed for expert assessment of the defect. Complaints, including the sending of new goods will be handled without undue delay, no later than 30 (thirty) days from the date of claim, unless the seller and the buyer agree on a longer period.

6.7 The buyer does not have the right to defective performance if the buyer knew or had to know that there was a defect before taking over the goods or if the buyer himself caused the defect.

6.8 Product images and information on the website are for informational purposes only. There may be color differences between the goods and the promotional material due to the different displays on the monitors. However, this does not give the buyer the right to defective performance.

6.9 The Buyer cannot exercise the right from defective performance also in the case that:

(a) it is the wear and tear of the goods caused by its normal use.

(b) where this is due to the nature of the goods.

(c) the goods are demonstrably misused.

(d) the goods are stored incorrectly.

(e) the damage was not caused by the seller.

 

7. Cost of using means of distance communication

 

7.1 The Buyer agrees to use the means of distance communication when concluding the purchase agreement The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself.

 

8. Final provisions

 

8.1 How the Seller processes the Buyer's personal information is described in the Customer Privacy section. The Buyer acknowledges that he / she is obliged to present his / her personal data correctly and truthfully and that he / she is obliged to inform the Seller without undue delay about a change in his / her personal data. The Buyer confirms that the personal information provided is accurate.

8.2 These Terms and Conditions shall apply as stated on the Seller's website on the day of conclusion of the purchase agreement The Buyer's order is, after its confirmation as a concluded contract between the Buyer and the Seller, archived for the purpose of its fulfillment and other records and its status is accessible to the Buyer.

8.3 The Buyer is not entitled to assign the rights and obligations of the Purchase Contract to a third party without the Seller's prior written consent.

8.4 The purchase contract concluded between the contracting parties and these Terms and Conditions are governed by the relevant legal regulations of the People´s repubic of China,

where this is not possible the established business practices will be used.

8.5 Disputes arising from the use of Maiouzhou Services will be settled by Maiouzhou Services in consultation with the Buyer. If the negotiation fails, either Party may submit the dispute to the International Arbitration Commission for Economic and Commercial Arbitration in accordance with the arbitration rules, for arbitration by three arbitrators.

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