Terms of Service

Last updated: December 2024

**Article 1 – Definitions**

In these terms and conditions, the following is understood to mean:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal;  
Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;  
Day: calendar day;  
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;  
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unchanged reproduction of the stored information;  
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;  
Entrepreneur: a natural or legal person who offers products and/or services to consumers at a distance;  
Distance contract: an agreement whereby, within a system organized by the entrepreneur for distance selling of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the contract;  
Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being present in the same space at the same time;  
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

**Article 2 – Identity of the Entrepreneur**

Elite Ads Limited
76059289
SUITE C, LEVEL 7, WORLD TRUST TOWER, 50 STANLEY STREET, CENTRAL, HONG KONG, HONG KONG, 000000

**Article 3 – Applicability**

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the 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, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge 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 can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. 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 to the consumer free of charge electronically or otherwise upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis, and the consumer can, in case of conflicting general terms and conditions, always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are entirely or partially null and void or are annulled at any time, the agreement and these terms and conditions otherwise remain in effect, and the relevant provision will be replaced immediately by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not regulated in these general terms and conditions must be assessed in the spirit of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should 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 subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This includes, in particular:

the price, excluding customs duties and import VAT. These additional costs will be at the customer’s expense and risk. The postal and/or courier service will apply the special scheme for postal and courier services regarding import. This scheme applies when goods are imported into the EU destination country, which is also the case here. The postal and/or courier service will collect the VAT (possibly together with any customs clearance costs) from the recipient of the goods;  
the possible costs of shipping;  
the manner in which the agreement will be concluded and the actions required for this;  
whether the right of withdrawal applies;  
the method of payment, delivery, and execution of the agreement;  
the period for accepting the offer, or the period during which the entrepreneur guarantees the price;  
the rate for communication at a distance if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used;  
whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;  
the way in which the consumer can check and, if desired, correct the data provided in the context of the agreement before concluding it;  
any other languages in which, besides Dutch, the agreement can be entered into;  
the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes electronically; and  
the minimum duration of the distance contract in the case of a duration transaction.  

Optional: available sizes, colors, types of materials.

**Article 5 – The Agreement**

The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with 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 may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational 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 may, within legal limits, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has valid reasons to not enter into the agreement based on this investigation, they are entitled to refuse an order or request, or to attach special conditions to its execution.

The entrepreneur will provide the following information with the product or service to the consumer, in writing or in a manner that allows the consumer to store it accessibly on a durable medium:

the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;  
the conditions under which and the method by which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;  
information about guarantees and existing after-sales service;  
the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before performing the agreement;  
the requirements for terminating 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 applies only to the first delivery.

Every agreement is entered into subject to 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 cooling-off period begins on the day after receipt of the product by the consumer or a representative previously designated and made known to the entrepreneur by the consumer.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to retain it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its 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 their right of withdrawal, they are obliged to notify the entrepreneur of this within 14 days after receiving the product. The consumer must notify the entrepreneur in writing or via email. After the consumer has indicated they wish to exercise their 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 providing proof of shipment.

If the consumer has not indicated their intention to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

**Article 7 – Costs in Case of Withdrawal**

If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer’s expense.

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, provided the product has already been received back by the online retailer or conclusive proof of complete return can be provided.

**Article 8 – Exclusion of Right of Withdrawal**

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been produced by the entrepreneur according to the consumer’s specifications;  
that are clearly personal in nature;  
that cannot be returned due to their nature;  
that are perishable or subject to rapid deterioration;  
whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;  
for individual newspapers and magazines;  
for audio and video recordings and computer software of which the consumer has broken the seal.  
for hygienic products of 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;  
whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;  
concerning betting and lotteries.  

**Article 9 – The Price**

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any mentioned prices are indicative will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal 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:

they result from legal regulations or provisions; or  
the consumer has the right to terminate the agreement as of the date the price increase takes effect.  

The place of delivery, pursuant to Article 5, paragraph 1, of the Value Added Tax Act 1968, takes place in the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge the recipient import VAT and/or customs clearance costs. Therefore, the entrepreneur will 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 case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

**Article 10 – Conformity and Warranty**

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable standards of soundness and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement is 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 can assert against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery, once the consumer has identified the defects. Products must be returned in their original packaging and in new condition.

The warranty period offered by the entrepreneur 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 has repaired or processed the delivered products themselves or had them repaired or processed by third parties;  
The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the entrepreneur’s instructions and/or those on the packaging;  
The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.  

**Article 11 – Delivery and Execution**

The entrepreneur will exercise the greatest care in receiving and executing orders for products.

The place of delivery is the address that the consumer has communicated to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due diligence 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 or can only partially be fulfilled, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement without cost and is entitled to any damages.

In the event of dissolution pursuant to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the entrepreneur’s expense.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative of the entrepreneur, unless expressly agreed otherwise.

**Article 12 – Duration Transactions: Duration, Termination, and Extension**

**Termination**

The consumer may terminate an agreement entered into for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a definite period and intended for the regular delivery of products (including electricity) or services at any time at the end of the definite duration, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

at any time, without being limited to termination at a specific time or in a specific period;  
at least in the same manner as they were entered into by the consumer;  
always with the same notice period as the entrepreneur has stipulated for themselves.  

**Extension**

An agreement entered into for a definite period and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Contrary to the previous paragraph, an agreement entered into for a definite period and intended for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case of an agreement intended for the regular, but less than once-per-month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

**Duration**

If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than 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 cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously made known 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 identified the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved through mutual consultation, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is deemed valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

**Article 15 – Disputes**

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.