Last updated: May 2023 (E-Comm-In BV Version: 8.3)

As used in these Terms of Sale “E-Comm-In BV ”, “we”, “our” or “us” means the applicable E-Comm-In BV  Contracting Party, as defined in the paragraph below. E-Comm-In BV  is the sales facilitation and e-commerce partner of the brand or retailer operating this e-commerce web-store (“Brand” and “Store”, respectively), where the products or services were made available to you for purchase through the checkout (“Product“). The Brand has an agreement with E-Comm-In BV  allowing E-Comm-In BV  to act as the merchant of record, in E-Comm-In BV ’s name and on behalf of the Brand.

By placing your order to purchase one or more Products (each, an “Order”) through the checkout, you confirm that you have read and understood these Terms of Sale and the Privacy and Cookies Policy (which is available on the checkout) (together, “Terms”) in their entirety, and you agree to be bound by them. These Terms define your legal relationship regarding the checkout, the placement of Orders, and the purchase of Products underlying such Orders.

If you do not agree to the Terms, please do not complete your Order.

These Terms are entered into force in the English language and governed by it. You agree that any translation, if provided, is available for your convenience only (unless otherwise required by applicable law).

If you are placing your Order for delivery into one of the following countries, please refer to Annex 1. to access additional and specific terms that apply to you: Australia, Brazil, Canada, any destination or country which is a member of the European Economic Area (EEA) or the United Kingdom.

The E-Comm-In BV  Contracting Party under these Terms is the entity listed on your invoice and in the Contact Us page on the checkout. For details and contact information of E-Comm-In BV Contracting Party please refer to the “Contact Us” page on check out.

Placing your order 

Placing Orders through the checkout is reserved exclusively for individuals purchasing Products for their own personal use (“Consumers”).

By placing an Order, you represent and warrant that (i) the Order and purchase of Products thereunder is strictly and solely for your personal use, and not for resale, distribution or any other commercial activities; and (ii) you are legally capable (in terms of age and mental capability) of entering into binding contracts per the local legal requirements in the place where you reside.

Orders are placed through the checkout by clicking on the “Place Order” button (or similar button). The checkout displays the Products you purchase, the price thereof, international delivery costs and fees (“Delivery Costs“), any applicable import or sales taxes (such as Value Added Tax, Goods and Services Tax, Consumption Tax), and, if available for pre-payment, import duties, tariffs and similar costs and fees that may be imposed by the delivery destination (collectively, “Duties and Taxes“).  Please make sure you review your Order carefully, identify and correct any input errors prior to placing your Order.

As we offer you the option to purchase the Products in your local or chosen currency, the price of the Products may change from time to time due to exchange rate fluctuations. However, the price, Delivery Costs and Duties and Taxes (if available for pre-payment) of the Products you purchase, will be those that were displayed to you on the checkout at the time you actually placed your Order.

The checkout page will specify the payment methods available for your Order. The availability of such payment methods is dependent on your geographical location.

You acknowledge and agree that: (i) E-Comm-In BV  will use one of its third party payment processors providers (“Payment Processor“) to process your payment (while E-Comm-In BV  is acting as the merchant of record), using the payment method you have selected on checkout and it may use the tools, technology or the services of the Payment Processors to process the transaction on its behalf; and (ii) you will provide valid and current information about yourself.

If the payment method you selected for the Order supports pre-authorization mechanism (e.g. most credit/debit cards), then when you place the Order, the applicable amount will only be authorized, and you will be charged on the earliest of up to 5 days as of date of Order or once the Product has been dispatched to you.

If the payment method you selected does not support pre-authorization mechanism, the charge will be immediate upon placing the Order (noting however that specific payment methods may support a different timing and we may not know or be in control over such timing, if applicable. Please check your selected payment method’s terms of service for more details). Please note that you will be charged the full Order amount even if the Order will be dispatched in parts or if it is a ‘pre-order’ or similar type of order.

The Store displays the characteristics of the Products you order. There could be minor differences between the Products you eventually receive and their visual display on the Store or checkout (e.g. in relation to appearance / color / texture / finish) as all pictures and images of Product displayed are for illustrative purposes only. Where dimensions and measurements are provided in the description of each Product, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Product is suitable for your purpose (including whether there is appropriate and safe access to your delivery address for delivery of the Product), please read the descriptions and details of the Products carefully before placing the Order. This clause does not limit or exclude consumer guarantees or warranties which cannot be excluded under applicable consumer rights legislation explicitly prevailing the governing law hereof

Order Acceptance and Confirmation

The information contained in these Terms, and the data contained on the Store and checkout, constitute only an invitation to contract. Your Order is not accepted (and therefore no commitment is made to sell or provide you with the Products), and no contract for the sale of such Products will come into effect, until you receive an email explicitly stating that the Order has been accepted and confirmed (“Order Confirmation“). The contract is concluded in the dispatch country  (where the contract for the sale of the Order is concluded).

The Order is subject to fraud checks and other mandated regulatory checks (such as ‘Denied Parties Screening’). You may also be required to provide additional verifications and information before, and as a condition to, the acceptance of any Order (mainly if there is suspicion that the identity, address, email address and/or payment information were used fraudulently or in an unauthorized manner).

In certain circumstances your Order may be declined or cancelled (in full or in part), whether before, or after an Order Confirmation was received. For example, we may, in our sole discretion, decline or cancel (in full or in part), any Orders which did not successfully pass the above-mentioned fraud and regulatory checks, any abnormal Orders, any Orders which are suspected to be placed in bad faith, Orders which were not placed by Consumers,  Orders in which the payment information you provided cannot be verified, or if a Product included in the Order is unavailable.

We also reserve the right, in our sole discretion to decline or cancel an Order (in full or part) in case of actual or suspicious circumstances (related to us, you or any third party) of a good faith, genuine or honest error, mistake or misunderstanding (an “Error”) where without such Error the Order would not have been accepted or dispatched and a contract to sell the Product(s) underlying the Order would not have been agreed to or when such Error was abused by you to purchase such quantity of items which otherwise would not have been purchased or considered to be a regular order. An example could be a speciously low price for an item otherwise costing significantly more and not in the context of a ‘sale’ or special promotion. We will be under no obligation to honor an Order in such erroneous circumstances.

In each event described above where an Order was canceled or declined, you will be refunded in accordance with these Terms (provided your payment was processed successfully).   

Quantity limits (per order, per address or otherwise) may apply in relation to certain Products, and exceeding Orders could be declined at any time for that reason, without notice.

Unless otherwise required by applicable law, we are not required to provide a reason for declining or canceling any Order, though we may do so in our sole discretion

Duties and Taxes 

You may be offered to pre-pay Duties and Taxes on checkout. Not all products and not all destinations support pre-payment of Duties and Taxes, and we cannot guarantee that your Order will be eligible for such pre-payment. The Store or checkout will provide details, itemize or indicate if the price paid is inclusive or exclusive of Duties and Taxes before you complete and place the Order.

If Duties and Taxes were not paid when you placed your order, either because you so elected or because pre-payment is not available in the delivery destination (or for any other reason): (a) you are advised that the amount of Duties and Taxes displayed under the pre-payment option on the checkout is only an estimation and may not reflect the amount of Duties and Taxes actually charged to you by the broker, carrier or the relevant authority, which such amount might be higher than the estimation; and (b) you will be fully responsible for paying all applicable Duties and Taxes directly to the relevant authority as determined and assessed by such authorities. E-Comm-In BV  and the Brand will have no responsibility or liability in connection with the foregoing. Moreover, if you fail to pay any Duties and Taxes without reasonable reason, causing the liability to fall on us, the carrier or any third party (including the Brand), the amount of such Duties and Taxes may be deducted from any refund or other amounts you may claim.

E-Comm-In BV  performs imports of goods in it’s own name but on account and responsibility of the legal owner of the goods, i.e the principle. We may also act as, or use our intra-group affiliates as, a ‘customs declarant’ to clear the Order into the market in our name but on your behalf. Your agreement to these Terms constitutes a consent and authorization for such customs brokers, fiscal representatives or intra-group affiliates to act on your behalf (as an agent, declarant or as otherwise applicable) to: (a) transact with the applicable authorities, (b) complete, submit and execute related documents on your behalf in connection with the import and clearance of Products, (c) facilitate payment of Duties and Taxes and customs clearance; and (d) if applicable, return such Products (subject to these Terms).

Risk; Importer of Record

The title to the Products ordered is transferred from E-Comm-In BV  to you prior to import, provided we are satisfied that a full payment of the Order amount was made or can be made.

Risk of damage or loss is transferred to you upon delivery to the delivery address specified in the Order (in case you have selected not to pre-pay Duties and Taxes, such location will be deemed to be the port of entrance to the import destination).

YOU WILL BE CONSIDERED AS THE ‘IMPORTER OF RECORD’ OF THE PRODUCT, AND WE (OR SOMEONE ON OUR BEHALF) WILL ONLY BE FACILITATING THE IMPORTATION ON YOUR BEHALF, AS YOUR AGENT, AND MAY, IN CERTAIN CASES, ACT AS THE ‘DECLARANT’ FOR THE SOLE PURPOSE OF FACILITATING THE CUSTOMS CLEARANCE (HOWEVER THIS WILL NOT CHANGE YOUR STATUS AS THE IMPORTER FOR PERSONAL USE PURPOSES).

YOU ARE RESPONSIBLE FOR ASSURING THAT THE PRODUCT CAN BE LAWFULLY IMPORTED INTO THE DESTINATION, AND YOU THEREFORE NEED TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, CERTIFICATIONS AND RULES OF THE DESTINATION INTO WHICH YOU IMPORT THE PRODUCT. PLEASE NOTE THE STANDARD FOR USING THE PRODUCT IN THE IMPORT DESTINATION BEFORE ORDERING. PRODUCT ORDERED TO A DESTINATION WITH DIFFERENT STANDARDS CANNOT BE RETURNED FOR THIS REASON AND NO LIABILITY WILL BE ASSUMED IN ANY CIRCUMSTANCES WHICH MAY ARISE FROM PURCHASING PRODUCT WITHOUT THE CORRECT STANDARDS FOR YOUR DESTINATION.

Please note that documentation such as packaging, user manuals, product care labels, handling instructions or safety warnings may not be in your language; you may not have available manufacturer’s or other service options for the Product or parts thereof; the Product (and accompanying materials) may not be designed in accordance with the standards, product regulations, specifications of the destination to which you import or labelled in accordance with the requirements applicable in your destination, or in yours or the destination’s language; if the Product is powered, it may not conform to the destination power parameters such as voltage or other electrical standards (for example you may need to use an adapter to charge your Product).

Any transaction for the purchase of Products under a tax exemption (i.e. by submitting your VAT number) will still be classified by E-Comm-In BV  as a personal import transaction and you hereby agree and acknowledge that items purchased by you under such exemption are purchased for your own use and not for resale

Fulfillment, Handling and Delivery of Orders

The delivery and fulfillment of your Order is carried out by various service providers, which will be selected and operated by us.

Some Products may not be delivered to certain locations or destinations (due to limitations imposed on the Product itself or by the destination). You will be informed of such limitations, either at the Store or checkout, and the checkout should not permit you to submit your Order if the Product cannot be delivered to your specified address. However, we reserve the right, at any time, to suspend or cancel the delivery of any Product that cannot be legally delivered as such.

Delivery will be completed when the Product is delivered to the address chosen by you as specified when placing your order (in case Duties and Taxes were not paid, that may include the port of entrance to the country destination). Different parts of your order may be delivered on different dates.

Unless otherwise stated, and subject to applicable laws, delivery dates given on checkout (or on the Store) are estimates only. The Order will be delivered by the latest delivery time set out on checkout (based on the delivery method you selected if such selection was available for your Order) or, if no delivery time is specified, within 30 days following the Order Confirmation date, unless exceptional circumstances exist (pre-order for example). Delivery timeframes are affected by your delivery address and the delivery method selected. E-Comm-In BV  is unable to specify an exact delivery date and time.

E-Comm-In BV  and the Brand have no liability for any loss arising from delay in delivery to the extent such delay is due to circumstances beyond reasonable control or where no reasonable steps could have been taken to deal with the delay. For example, delays resulting from customs clearance procedures, lockdowns, or other actions of the authorities are outside E-Comm-In BV ’s or the Brand’s control, as well as any delay resulting directly from your actions or omissions.

If you receive notification of an attempted delivery, it is your responsibility to use the details provided to contact the fulfillment provider for re-delivery. Efforts will be made to deliver your Product according to the details in the Order.

Special Provisions – Payments

We may not be able to control additional charges, fees (such as foreign transaction fees or cross-border fee), or surcharges imposed by your own bank, card issuer, or the payment method you selected. We may not have any knowledge in advance of the applicability of such fees or surcharges nor does E-Comm-In BV  have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank, card issuer or payment method and their own policies. E-Comm-In BV ’s sole commitment in this respect is to acquire the amount specified on checkout in your selected currency.

E-Comm-In BV  takes the safeguarding of your payment details seriously, but we may not be able to prevent, and cannot be held liable for the loss you may suffer if a third party procures unauthorized access to your payment details when accessing or ordering from the Store.

The transaction statement (of your chosen payment method) regarding the Order you placed with us will look substantially like this: **E-Comm-In BV //Brand name**.

Special Sales and Ordering

The Brand may offer you the opportunity to participate in a limited-time campaign, competition, hype, raffle or similar offerings for the purchase of Products from us (each a “Campaign”). Such a Campaign may be made available to you through the Store, mobile apps or via another third-party platform (“Campaign Platform”).

Products purchased through a Campaign may be subject to the Brand’s specific Campaign terms and conditions (“Campaign Rules”) in addition to these Terms. The Campaign Rules, if apply, will be made available to you on the applicable Campaign Platform.

By participating in the Campaign, you agree to be bound, in addition to these Terms, to the Campaign Rules, including any specific provisions therein regarding Returns, Refunds and Cancellation Rights (if applicable). In case of conflict between the provision of these Terms and the Campaign Rules, the provisions of the Campaign Rules will prevail.

If you are announced as a winner of a Campaign (such announcement to be made by the Brand in accordance with the Campaign Rules), E-Comm-In BV  will automatically process your Order according to the payment, billing and shipping details provided by you upon registration and you confirm that those are your accurate details.

Returns Policy

THIS RETURNS POLICY APPLIES TO ALL CUSTOMERS, BUT DOES NOT APPLY TO FAULTY PRODUCTS OR TO SUCH OTHER EXCLUDED PRODUCTS AS FURTHER DETAILED IN SECTION ‎8 BELOW (“LIMITATION ON RETURNS POLICY, WITHDRAWAL RIGHTS  AND CANCELLATION RIGHTS”).

PLEASE VISIT THE BRAND’S POLICY AVAILABLE ON THE STORE AND CHECK IF ANY ADDITIONAL LIMITATIONS APPLY.

Instructions for Return:

Please visit the brand’s policy.

The return request must be made within 30 days from the date the Order was placed (unless otherwise specifically stated in the Brand’s policy, or required by applicable specifically prevailing consumer law).

If you wish to return one or more Products your purchased pursuant to these Terms, the following instructions apply:

• You must first inform of your decision to return the Product by a clear statement made through our email returns@empact.online and follow the instructions and providing the requested information therein, including providing proof of purchase (your Order identification number and the email address used for the Order), indicating the applicable items to be returned and the quantity thereof and selecting the applicable method of returning the product (if different options are available). If a returns portal link is not available on the Store, or on the Online Support link (if available) in the Order Confirmation, then you must inform of your intent to return your Order through Brand’s customer support, which will guide you through the process.
• A return Product authorization (“RMA“) number will be provided to you in return via e-mail) and, if applicable, a return shipment label will be generated.
• Promptly thereafter you will send back the returned items or hand those over as per the instructions provided to you via email. You must act without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract. The RMA number must be included in the return package.
• Unless otherwise specifically stated, items must be returned in a new and unused state, in perfect condition, with all protective or other materials in place and tags and stickers attached to them (if applicable), as well as with the original box / container, including all accessories and documents.
• All returns could be subject to strict quality control to ensure that the returned items satisfy these requirements. If the item does not meet such standards, the return and refund could be refused or the Product devaluation will be deducted from the refund amount.
• Upon receipt of the returned item and confirmation that it has been returned in accordance with the applicable requirements, you will be reimbursed for the actual paid price of the returned item and such other fees, if applicable pursuant to these Terms. 

Some or all initial Delivery Costs you paid in connection with the Order may be reimbursable or refundable, if applicable based on these Terms and the Brand’s Policy. However, any delivery and clearance costs you incur when returning items may not be eligible for reimbursement or refund other than in the event of defective Product, where you will be reimbursed for the delivery costs.

From time to time, in select destinations, the Delivery Costs of returning returned items may be pre-paid on your behalf. Such coverage (or the absence of it), will be indicated clearly on the Store before checkout.

Duties and Taxes are normally non-refundable, for further information please review the Section captioned “Duties and Taxes”.

Title and risk to the returned items will not transfer back or assumed until such items physically arrived back to the returns facility, and therefore you are advised to use a courier service offering tracked service, and to have adequate insurance to cover the cost of the goods in transit.

Unless expressly agreed otherwise, reimbursement will be made using the same means of payment as you used for the initial transaction. Notwithstanding the foregoing, if Cash On Delivery was used as the payment method of your choice, we will either reimburse you through your bank account or PayPal account (and not in cash) and you will be required to provide such details for us to process the refund.

This returns policy is in addition to, and does not affect, the separate legal cancellation right which is available only to EEA Consumers and withdrawal right which is available to UK Consumers (ANNEX 1), in some circumstances as explained below. For special provisions regarding Consumer Withdrawal Rights (European Economic Area only) or Consumer Cancellation Rights (UK only) – please refer to Annex 1.  

Limitation on Returns Policy, Withdrawal Rights and Cancellation Rights:

TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, CERTAIN TYPES OF PRODUCT ARE NOT ELIGIBLE FOR CANCELLATION, WITHDRAW OR RETURNS, INCLUDING THE FOLLOWING: FRAGRANCES, SEALED GOODS (SUCH AS DVDS OR AUDIO DEVICES OR GOODS LIABLE TO DETERIORATE OR EXPIRE RAPIDLY), COLLECTIBLES, MYSTERY BOXES, SWIMWEAR OR OTHER PRODUCT WHICH ARE NOT SUITABLE FOR RETURN DUE TO HEALTH PROTECTION OR HYGIENE REASONS, IF THEY WERE SEALED AND BECOME UNSEALED AFTER DELIVERY. ADDITIONALLY, THERE IS NO RIGHT TO CANCEL, WITHDRAW FROM OR TO RETURN A PRODUCT THAT WAS MADE TO YOUR SPECIFICATIONS OR WHICH IS CLEARLY PERSONALIZED, UNLESS THERE IS A MANUFACTURING ERROR OR PRODUCT DEFECT. WE RESERVE THE RIGHT TO REFUSE PERSONALISED ORDERS AT OUR DISCRETION. IN THE CASE OF INAPPROPRIATE USE OF THIS SERVICE, YOUR ORDER WILL BE CANCELLED AND FULLY REFUNDED OR SENT WITHOUT PERSONALISATION.

Only the buyer will be entitled to any rights of return, cancellation or withdrawal (as applicable) and a refund of applicable monies. In no event will a person who has received the Order as a gift be entitled to receive a refund.

This clause does not limit or exclude consumer guarantees or warranties which cannot be excluded under applicable consumer rights legislation explicitly prevailing the governing law hereof.

Limited Warranty; Returns Policy for Faulty Product

If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make Brand aware of the problem, in accordance with your legal rights under applicable laws. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform Brand as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights under applicable law.

For Products shipped internationally, please note that the warranty may not be valid in the destination, or you may have only limited warranty valid in the destination. If warranty is valid and not limited by your jurisdiction, then the warranty period is as set out in the product description. Consumers in some jurisdictions may have legal rights under applicable local legislation governing the sale of consumer goods, including, without limitation, national laws implementing EU directive 2019/771, these rights are not affected by this limited warranty.

For clarity, any defects or damage caused by accidental events or by your responsibility or by your use of the Products not in accordance with their intended use or by normal wear and tear will not be covered by a warranty.

Liability

There are certain liabilities that cannot be excluded under applicable law. In particular, nothing in these Terms limits the liability for personal injury or death, or liability for fraud. You might have certain rights under applicable consumer legislation explicitly prevailing the governing law hereof, including legal rights relating to faulty product(s). Nothing in these Terms will affect these explicitly prevailing legal rights.

SUBJECT TO THIS, IN NO EVENT WILL E-COMM-IN BV  OR THE BRAND HAVE ANY LIABILITY FOR ANY OF YOUR LOSSES, ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, HOWSOEVER CAUSED INCLUDING ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THESE TERMS. ANY LIABILITY, IF SO EXISTS, SHALL NOT EXCEED THE PURCHASE PRICE OF THE RELEVANT PRODUCT AND IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND US AT THE TIME YOUR ORDER IS ACCEPTED. THE LIABILITY OF E-COMM-IN BV  AND BRAND GROUP TO YOU FOR LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THESE TERMS WILL BE REDUCED OR LIMITED TO THE EXTENT (IF ANY) THAT YOU CAUSE OR CONTRIBUTE TO THE LOSS OR DAMAGE.

E-COMM-IN BV  AND THE BRAND WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGES INCURRED BY UNAUTHORIZED USE OF YOUR PAYMENT CARD ON THE CHECKOUT, AND E-COMM-IN BV  AND THE BRAND ARE NOT RESPONSIBLE FOR NOTIFYING YOUR CARD ISSUER OR ANY LAW ENFORCEMENT AUTHORITY IN THESE INSTANCES.

You must give E-Comm-In BV  and the Brand a reasonable opportunity to remedy any matter for which they are liable before you incur any costs remedying the matter yourself.

1. The Commissionaire shall protect the principal’s interests with the diligence of a responsible businessman.

1.2 The Commissionaire shall act as the importer of records when the Goods are imported into the Netherlands. The principal agrees that the Commissionaire, in its own name, Custom clears the Goods via the Dutch Customs into the Netherlands. Upfront the Principal issues a so-called “VAT Invoice” to the Commissionaire on which the Goods are described with the economic value of the Goods for import purposes. Furthermore, the Principal agrees that the Commissionaire in its own name reclaims the paid import-VAT (by the Commissionaire) via its own Dutch VAT returns.

1.3 When a customer orders and purchases Goods via the Online Marketplace Platform.

a. compensates the customers when the Goods are returned;

b. pay the VAT-amounts which were invoiced to the customers, to the Tax authorities via the VAT returns of all the countries and EU Member States located in the Territory;

c. settle the Commission fees; and

d. settle the fees of the website platforms;

e. pay the balance amounts to the Principal.

and therefore, via the software tool of the Commissionaire, the Commissionaire shall issue the receipt or invoice to the customer in its own name. The Principal accepts that the customers will transfer the payments for the Goods into the bank account of the Commissionaire. The Commissionaire shall use these payments to: 6 Principal Commissionaire

1.4 The Commissionaire shall fulfil all the VAT-obligations with regard to (deemed/fictive) intra- Community supplies, (deemed/fictive) intra-Community acquisitions, domestic supplies based on the EU Distance sales rules and the compliance obligations, such as filing VAT returns, EU sales listings and Intrastat returns in its own name, but for the account and responsibility of the Principal. The Principal agrees that the Commissionaire reclaims the paid VAT on the (deemed/fictive) intra-Community acquisitions in name of the Commissionaire, via its local VAT return in the EU Member State where the transport of the Goods ends.

1.5 The Commissionaire shall not acquire the legal ownership of the Goods at any time. However, from a VAT view, based on the EU VAT Directive, the Goods will be supplied by the Principal to the Commissionaire (at the time of import) and, if the Goods are sold to a customer, from the Commissionaire to a customer. Although legally an AC-transaction

1.6 The Commissionaire has no authority to make contracts on behalf of the Principal.

1.7 The Commissionaire keeps the Principal fully informed about his activities and, if the Goods are sold to a customer, about the financial details regarding the supplies he concludes in his own name but for the account and responsibility of the Principal.

Intellectual Property Rights

Any access or use of the checkout for any reason other than your personal, non-commercial use, is prohibited. You further acknowledge that any other use of the material and content of the checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 

Governing Law And Disputes

For the EU these Terms are governed by the laws of Ductch law and for the UK governed by the laws England and Wales.

When a specific applicable law (namely specific consumer laws in your country), explicitly prevails the laws of England and Wales, then with respect to the prevailing subject matter, the governing law of such matter will be that specific law.

If any provision of these Terms shall be held to be invalid, illegal or unenforceable, pursuant to an explicit prevailing law, that provision shall be enforced to the fullest extent permitted by the applicable prevailing law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

You hereby agree to the fullest extent permitted by applicable law, that you irrevocably waive all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to these Terms.

You are hereby informed that in the event of a dispute arising out of or relating to these Terms, you may have a right under applicable law to file a complaint with an alternative dispute resolution institute.

To the fullest extent permitted by applicable law, any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts of London, United Kingdom.

ANNEX I –PROVISIONS FOR EU and UK

1. EUROPEAN ECONOMIC AREA (EEA) (including Germany, France, etc.)

(a) CONSUMER WITHDRAWAL RIGHTS

If you are a “Consumer” and a resident of a member state of the European Union, Iceland, Liechtenstein, or Norway (“EEA”), you have a “cooling-off” right to cancel your Order subject to the provisions set out below. This right is not affected by any separate returns policy in these Terms.

Instructions for Withdrawal:

The withdrawal cancellation period will expire 14 days after the day of delivery.

To exercise the right to withdraw you must follow the same instructions as detailed in the refund policy above and the same terms of the returns policy will apply, subject to and with the following changes:

• Informing about your decision to withdraw from the Order must be done within 14 days as of the day of delivery of the Product to you or to somebody named by you (and not 30 days as of date Order was placed).
• You should inform us of your intent to withdraw through the methods stated in the refund instructions above (i.e. through the returns portal which is available on the Store or in the Online Support link which is in Order Confirmation, or if such are not available by contacting the Brand customer support). however, you may also inform us by using the model withdrawal/cancellation form attached to these terms available here, but it is not obligatory to use this form.
• You must return the product in the condition mentioned in the return policy above, except you may use the product only for such use that is necessary to assess the nature, characteristics and functioning of the Product, as you would have used in a physical store. Deduction could be made from the reimbursement for loss in value of any item supplied, if the loss is the result of your handling beyond what is necessary to establish the nature, characteristics and functioning of the item.
• Initial Delivery Costs you paid in connection with the Order will be reimbursable or refundable (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us)

Refund will be made not later than 14 days from the time we received your cancellation request, however if a supplied Product has not been received back from you during such time period, Refund may be delayed until such time the Product is received back, or if earlier, until the time you provide sufficient evidence that you have returned the Product

(b) For consumers in the EU

If you are a consumer you may use the European Commission platform for online dispute resolution (ODR) (For information about alternative dispute resolution which may be of interest, please refer to http://ec.europa.eu/consumers/odr/) or such other institution to which you may have a legal right to use under applicable law.

‍(c) you may have legal rights in relation to Products that are not as described, not of satisfactory quality, or otherwise not fit for purpose

(c) For consumers in Denmark

• You may file a complaint with “Nævnenes Hus, Mæglingsteamet for Forbrugerklager, Toldboden 2, 8800 Viborg” via Klageportalen – Nævnenes Hus (naevneneshus.dk).
• Danish consumers can use the EU Commission’s online complaint form at Onlinetvistbilæggelse | Europa-Kommissionen
• The limitation of liability under these Terms will not apply in the event of claims arising out of gross negligence or willful misconduct

(d) For customers in France

If the E-Comm-In BV  Contracting Party is an entity incorporated in the EU or if you are otherwise entitled, you may have a right to invoke the legal warranty of conformity (article L217-4 and seq. of the French consumer Code) within a period of two (2) years from the delivery of the Products, without having to prove that the defect existed before the delivery. You may be able to benefit from the following options depending on what is possible and subject to the cost conditions provided for in Article L217-9 of the Consumer Code: (i) the replacement of the Products by an identical product or of equivalent quality and price, depending on available stocks; or (ii) the repair of the Products. If these two solutions are impossible to implement within thirty (30) days following your request according to the conditions provided for in Articles L217-9 and L217-10 of the French Consumer Code, we will issue a full refund (purchase price and possible delivery costs), against return of the Products. The cost of returning the Products, the cost of repairing it or of delivering another Products will be borne by us. You may also have the right to invoke the legal warranty against the hidden defects provided in articles 1641 to 1649 of the French Civil Code or any other contractual or extra-contractual action (tort) which is recognized by the law. In such a case, the consumer can choose between the termination of the sale or claim a reduction of the price pursuant to Article 1644 of the Civil Code. Pursuant to article 1648 paragraph 1 of the Civil Code, the action resulting from latent defects must be filed within two (2) years of the discovery of the defect

‍(e) For consumers in Germany,

The statutory warranty rights apply with respect to Products that is not free of legal and/or material defects.

(f) For consumers in Italy

• If the E-Comm-In BV Contracting Party is an entity incorporated in the EU or if you are otherwise entitled, you may have a right to invoke the legal warranty of conformity (the “Legal Guarantee“) provided for in Articles 128 et seq. of Italian Legislative Decree No. 206 of December 6, 2005 (the “Consumer Code“). In particular, you may be entitled to make a claim under the warranty of conformity for any lack of conformity existing at the time of delivery of the Product, provided that the lack of conformity has become apparent within the term of 2 (two) years from delivery of the Product and was reported by you to customer support within such time frame. A claim hereunder must contain an accurate and complete description of the defects or faults complained of and photos of the product, highlighting the reported lack of conformity. If the reported defect exists, you will not be charged for the delivery costs of returning the defected Product. Wen returning the Product you must include the defect report form (duly completed) and attach the shipment labels and RMA number provided to you via e-mail to the returned package and any other document reasonably requested by us or the Brand. You may be able to benefit from the following options depending on what is possible and subject to conditions provided under applicable law: (i) repair of the faulty Product (ii) replacement of the faulty Product (iii) a reasonable reduction in price or (iv) termination of the sale contract. where it was verified that the reported lack of conformity does not exist or that there are no prerequisites for the applicability of the Legal Guarantee, the Legal Guarantee will not operate and all transportation costs – both those incurred by you to send the product to us and vice versa – will be borne by you.
• If the E-Comm-In BV Contracting Party is an entity incorporated in the EU, the limitation of liability under these Terms will not apply in the event of claims arising out of gross negligence or willful misconduct

‍

(g) For consumers in Sweden

you may use the alternative dispute resolution process provided by the ARN (www.arn.se).

Selling Price

• Selling price will be displayed separately for each Product.
• The displayed prices are exclusive of any consumption tax, unless otherwise is clearly indicated.

Delivery Fee

Delivery fee will be presented on checkout based on the level of service:

• Express Courier Delivery
• Standard Courier Delivery
• Post

Product Delivery Time

The average delivery time is 8 business days (excluding Saturdays, Sundays and national holidays in Japan) after receipt of the payment for the Product, except if a force majeure event, an event beyond reasonable control or any unforeseeable circumstance occurs.

Payment method

• Credit card: Visa, Mastercard, AMEX, JCB, Discover (the payment will be authorized right after order placement and will be effectively charged on the earliest of up to 5 days as of date of Order or when dispatching the goods)
• Debit card: Visa electron (the payment will be authorized right after order placement and will be effectively charged when dispatching the goods)
• E-wallet: PayPal (the payment will be charged right after the order placement)
• Wire transfer (the order will be approved for processing right after the customer will transfer the order amount)

Time of payment

Payment will be processed once you receive an Order Confirmation, your credit card has been verified and the authorization to debit your card has been received.

Return

The Product purchased on the website may be returned within 30days from the date on which the Product are delivered in accordance with the Return Policy available on the website.

‍

2. UNITED KINGDOM (UK)

(a) CONSUMER CANCELATION RIGHTS

If you are a “Consumer” and a resident of the United Kingdom (“UK”), you have a “cooling-off” right to cancel your Order subject to the provisions set out below. This right is not affected by any separate returns policy in these Terms.

Instructions for Cancelation:

The cancellation period will expire 14 days after the day of delivery.

To exercise the right to withdraw you must follow the same instructions as detailed in the refund policy above and the same terms of the returns policy will apply, subject to and with the following changes:

• Informing about your decision to cancel the order must be done within 14 days as of the day of delivery of the Product to you or to somebody named by you (and not 30 days as of the date Order was placed).
• You should inform us of your intent to cancel through the methods stated in the refund instructions above (i.e. through the returns portal which is available on the Store or in the Online Support link which is in Order Confirmation, or if such are not available by contacting the Brand customer support). however, you may also inform us by using the model withdrawal/cancellation form attached to these terms as available here, but it is not obligatory to use this form.
•  You must return the product in the condition mentioned in the return policy above, except you may use the product only for such use that is necessary to assess the nature, characteristics and functioning of the Product, as you would have used in a physical store. Deduction could be made from the reimbursement for loss in value of any item supplied, if the loss is the result of your handling beyond what is necessary to establish the nature, characteristics and functioning of the item.
•  initial Delivery Costs you paid in connection with the Order will be reimbursable or refundable (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us)

Refund will be made not later than 14 days from the time we received your cancellation request, however if a supplied Product has not been received back from you during such time period, Refund may be delayed until such time the Products is received back, or if earlier, until the time you provide sufficient evidence that you have returned the Product.

(b) you may have legal rights in relation to Products that are not as described, not of satisfactory quality, or otherwise not fit for purpose.