General Terms and Conditions

Article 1 - Definitions

In these conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can make use of their right of withdrawal;
  • Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Continuous transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
  • Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
  • Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services without the simultaneous physical presence of the entrepreneur and consumer and where, up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication;
  • Means of distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being together in the same place at the same time;
  • General terms and conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Ligta Media Limited
50 Stanley Street, Suite C, Level 7, Central Hong Kong
nucianceclo@gmail.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 the entrepreneur and the consumer.

Before the distance contract is concluded, the consumer is provided with the text of these general terms and conditions. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, then contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available 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, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the rest, and the provision concerned shall be replaced by mutual agreement as soon as possible by a provision that approximates the scope of the original provision as much 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 general 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 without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

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

Images of products are a true 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 attached to the acceptance of the offer. This concerns in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service applies the special arrangement for postal and courier services upon import. This arrangement applies when goods are imported into the destination country of the EU, which is the case here. The postal and/or courier service will collect the VAT (including the customs clearance fee) from the recipient of the goods;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are necessary for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the means of communication used;
  • whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided;
  • the possible languages in which the agreement can be concluded besides Dutch;
  • the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically;
  • the minimum duration of the distance contract in case of a long-term transaction.

Optional: available sizes, colors, material types.

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 corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall 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 shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for that purpose.

The entrepreneur may, within the legal framework, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons, based on this investigation, not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its execution.

The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  1. the address of the entrepreneur’s establishment where the consumer can lodge complaints;
  2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. the information on warranties and existing after-sales services;
  4. the data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before concluding the agreement;
  5. the conditions for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason for a period of 14 days. This reflection period starts on the day following the receipt of the product by the consumer or a representative previously designated by the consumer and the entrepreneur.

During the reflection period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to judge whether they wish to keep the product. If the consumer makes use of their right of withdrawal, they shall return the product with all accessories supplied 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 the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must communicate this in writing via email. After notifying that they wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, through a proof of shipment.

If the consumer has not indicated within the periods mentioned in paragraphs 2 and 3 that they wish to exercise the right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in Case of Withdrawal

If the consumer makes use of their right of withdrawal, the costs of returning the goods 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, provided that the product has already been received by the entrepreneur or conclusive proof of complete return can be presented.

Article 8 - Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer from the right of withdrawal for the products 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 good time before concluding the agreement.

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

  1. that have been created by the entrepreneur according to consumer specifications;
  2. that are clearly personal in nature;
  3. that by their nature cannot be returned;
  4. that can spoil or age quickly;
  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software if the seal has been broken by the consumer;
  8. for hygiene products whose seal has been broken by the consumer.

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

  1. concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  2. where delivery has begun with the express consent of the consumer before the cooling-off period has expired;
  3. concerning betting and lotteries.

Article 9 - The Price

During the period mentioned 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 whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

  1. they are the result of statutory regulations or provisions; or
  2. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.

The place of delivery is considered, according to Article 5, paragraph 1 of the VAT Act 1968, to be the country from which transportation begins. In this case, the delivery takes place outside the EU. Therefore, the postal or courier company will charge import VAT and/or customs clearance costs to the customer. Consequently, the entrepreneur will not charge VAT.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing 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 of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

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

The entrepreneur's warranty period is equal 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 and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise carelessly handled or contrary to the entrepreneur's instructions and/or instructions on the packaging;
  • The inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

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

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

Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot or can only partially be carried out, the consumer will be informed about this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

In the event of dissolution in accordance with 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 the delivery of an ordered product proves to be impossible, the entrepreneur will strive to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible 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 previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuous Transactions: Duration, Termination, and Extension

Termination

The consumer may terminate a contract concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the preceding paragraphs:

  • at any time and not be limited to termination at a specific time or during a specific period;
  • at least in the same way as they were concluded by them;
  • always with the same notice period as the entrepreneur has stipulated for themselves.

Extension

A fixed-term contract that extends to the regular delivery of goods (including electricity) or services may not be tacitly extended or renewed for a fixed term.

By way of derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can terminate this extended contract by the end of the extension with a notice period of no more than one month.

A fixed-term contract for the regular delivery of goods or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A contract with a limited duration for the regular delivery of trial or introductory subscriptions to daily, news, and weekly newspapers and magazines is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract 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 to be paid by the consumer must be paid within 5-10 working days after the start of the cooling-off period 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 has the duty to report inaccuracies in provided or stated payment details immediately to the entrepreneur.

If the consumer does not meet their payment obligation(s), they are, after being reminded by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill their payment obligations, after the non-payment within this 14-day period, the consumer owes the statutory interest on the amount due, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages for the benefit of the consumer.

Article 14 - Complaints

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

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 entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Contact details for complaints:

Ligta Media Limited
50 Stanley Street, Suite C, Level 7, Central Hong Kong

Article 15 - Disputes

Contracts 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.

Ligta Media Limited
50 Stanley Street, Suite C, Level 7, Central Hong Kong