Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Right of withdrawal: The period during which the customer has the right to withdraw from their contract.
  • Consumer: A natural person who does not act in the exercise of their profession or business and enters into a distance contract with the trader.
  • Day: Calendar day.
  • Long-term contract: A distance contract regarding a series of products and/or services, where the delivery and/or consumption obligations are spread over time.
  • Sustainable data storage unit: Any medium that allows the customer or the trader to store information that is personally directed at them in a way that allows future access and unaltered reproduction of the stored information.
  • Trader: A natural or legal person who offers products and/or services at a distance to consumers.
  • Distance contract: A contract where, within the framework of a system organized by the trader for distance sales of products and/or services, one or more means of distance communication are used exclusively up until the contract is concluded.
  • Distance communication technique: A means that can be used to conclude a contract without the customer and the trader meeting simultaneously in the same place.
  • General conditions: These general conditions from the trader.

Article 2 – Identity of the Trader

COMPANY
ECOMDRIVE LIMITED
Address: RM 509, 5/F THE CLOUD 111
TUNG CHAU ST TAI KOK TSUI
HONG KONG
Business No.: 77468463
ecomdrivelimited@gmail.com
+17867558388

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract and orders between the trader and the consumer.

Before the distance contract is concluded, the text of these general conditions must be made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general conditions can be viewed at the trader's premises and that they will be sent to the customer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, deviating from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be saved by the consumer on a sustainable medium. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or in another way upon request.

If, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and the customer can always invoke the provision that is most advantageous to them in the event of conflicting general conditions.

If one or more provisions in these general conditions are wholly or partially invalid or declared null and void at any time, the agreement and these conditions will otherwise remain in force, and the provision concerned will be replaced by mutual agreement as soon as possible by a provision that most closely fulfills the purpose of the original.

Situations not covered by these general conditions will be assessed 'in accordance with the spirit' of these general conditions.

Uncertainties regarding the interpretation or content of one or more provisions in our conditions will be interpreted 'in accordance with the spirit' of these general conditions.

Article 4 – The Offer

If an offer has a limited validity period or occurs under conditions, this will be clearly stated in the offer.

The offer is non-binding. The trader has the right to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the customer to make an accurate assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

Article 5 – The Contract

The contract is concluded, subject to the provisions of point 4, at the moment the customer accepts the offer and meets the conditions set therein.

If the customer accepts the offer electronically, the trader will immediately confirm the receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the customer can revoke the contract.

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

The trader may, within the legal limits, investigate whether the customer can fulfill their payment obligations, as well as all the factors and facts that are important for entering into the distance contract in a sound manner. If the trader has good reasons not to enter into the contract based on this investigation, they have the right to refuse an order or request or to attach special conditions to its implementation.

At the latest upon delivery of the product, service, or digital content to the customer, the trader will send the following information in writing or in such a way that it can be saved by the customer in an accessible manner on a sustainable medium:

  • The address of the trader's business location(s) where the consumer can file complaints.
  • The conditions and method of applying the right of withdrawal, or a clear notice of the exclusion of the right of withdrawal.
  • Information about guarantees and existing post-purchase service.
  • The price including all taxes on the product, service, or digital content; if applicable, delivery costs and the method of payment for the distance contract.
  • Arrangements for exercising the right of withdrawal, if applicable.
  • The policy for product returns, provided that the consumer has a right of withdrawal.

Article 6 – Right of Withdrawal

Upon delivery of products: When purchasing products, the consumer has the right to terminate the contract without giving any reason within a period of 14 days. This withdrawal period applies from the day the consumer receives the product or a pre-ordered item.

During the withdrawal period, the consumer must handle the product and packaging with care. They may only handle and inspect the product to the extent necessary to establish the nature, characteristics, and function of the product. The principle here is that the consumer may only handle and inspect the product in the same way they would in a store.

The consumer is only liable for a reduction in the value of the product that results from handling the product beyond what is necessary to establish the nature, characteristics, and function of the product.

For the provision of services and digital content that is not delivered on a physical medium: The consumer has the right to terminate the contract without giving any reason within a period of 14 days from the conclusion of the contract.

To exercise the right of withdrawal during this period, the consumer must clearly and unambiguously inform the trader of this within the withdrawal period.

Article 7 – Obligations of the Consumer During the Withdrawal Period

During the withdrawal period, the consumer must handle the product and packaging with care. The consumer may only open the packaging and use the product to the extent necessary to establish the nature, characteristics, and function of the product. The starting point is that the consumer may only handle and inspect the product in the same way they would in a store.

Article 8 – Exercising the Consumer's Right of Withdrawal and Costs

If the consumer exercises their right of withdrawal, they must notify the trader of this within the withdrawal period by using the standard withdrawal form or in another clear manner.

As soon as possible, but within 14 days from the day they notified the exercise of the right of withdrawal, the consumer must return the product or hand it over to the trader (or an agent designated by the trader), if necessary. This is not required if the trader offers to collect the product themselves. The consumer has at least followed the withdrawal deadline if they return the product before the withdrawal period expires.

The consumer must return the product with all accessories that have been delivered, if reasonably possible, in its original condition and packaging and in accordance with the reasonable and clear instructions provided by the trader.

Risk and the burden of proof for the proper and timely exercise of the right of withdrawal lie with the consumer.

The consumer bears the costs of returning the product.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but within 14 days from the day the consumer notified their intention to exercise the right of withdrawal. Provided that the trader does not offer to collect the product themselves, they may wait to pay until they have received the product or until the consumer shows that they have returned the product, whichever occurs first.

The trader refunds using the same payment method the consumer used for the original transaction, unless the consumer agrees to a different method. The refund is free for the consumer.

Any additional agreements following the exercise of the right of withdrawal, such as service agreements, will automatically terminate when the right of withdrawal is exercised.

Article 9 – Subscriptions or Contracts of More Than One Year

When the trader offers a subscription or contractual solution with a length of more than one year, the terms of this article apply to the consumer's termination. Termination is possible within the same period as the termination of the subscription.

These general terms and conditions shall not prevent the inclusion of additional terms that are not disadvantageous to the consumer and that are clearly announced before the contract is concluded.

Article 10 – Trader Information

When ordering products, digital content, and/or services, the trader must clearly and explicitly communicate the following details in writing or in a way that can be saved by the consumer in an accessible manner on a sustainable medium:

  • The trader's business address where the trader can be reached.
  • The conditions and method for the customer's complaints.
  • Information about any post-purchase service and warranties.
  • Purchase information, including applicable prices including taxes, delivery costs, and payment methods.
  • Requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
  • The terms of exercising the right of withdrawal if the right of withdrawal applies.
  • The standard withdrawal form if the consumer has the right to withdraw from the contract.

Article 11 – Consumer Complaints and Disputes

If the consumer believes the trader has not fulfilled their obligations under the contract, they must promptly report the issue to the trader in writing. The trader must resolve the issue as soon as possible and within a reasonable period. If the consumer and the trader cannot reach an agreement, the consumer can escalate the complaint to the Swedish Consumer Complaints Board.

Article 12 – Product and Service Prices

Prices for products and/or services offered must be stated in the offer and on the trader's website, and include all taxes.

All prices are exclusive of delivery and payment costs unless explicitly stated otherwise in the offer.

The trader reserves the right to adjust prices periodically.

Article 13 – Complaints

Complaints about the execution of the contract must be fully and clearly described and submitted to the trader within a reasonable period after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 14-day period, confirming receipt and indicating when the consumer can expect a more comprehensive response.

If the complaint cannot be resolved in a satisfactory manner through discussions between the trader and the consumer, it may be submitted to an independent complaints committee, which has a binding decision on both parties.

Article 14 – Disputes

Only Dutch law applies to agreements between the trader and the consumer to which these general conditions apply.

All disputes arising from or in connection with agreements to which these conditions apply will be submitted to the competent court in The Hague, unless the consumer chooses to submit the dispute to the court in their place of residence within one month after the trader has made an appeal to this clause.

The general terms and conditions may be translated, but in the event of differences in interpretation between the translated versions and the Dutch version, the Dutch version will prevail.

Article 15 – Additional or Different Conditions

Additional or different conditions from these general conditions may not be disadvantageous to the consumer and must be recorded in writing and saved in a way that can be saved by the consumer in an accessible manner on a sustainable medium.

Article 16 – Miscellaneous

The trader is not liable for typographical errors.

The trader reserves the right to adjust these general conditions at any time. If any part of these general conditions is declared invalid, the remaining provisions will continue to apply. If necessary, a new provision will replace the invalid part, which will have the closest possible intent to the original provision.

These general conditions are effective as of January 1, 2024.