Terms and Conditions

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

Cancellation Period: The period within which the consumer may exercise their right of withdrawal.
Customer: A natural person who does not act in the course of a business or profession and enters into a distance contract with the entrepreneur.
Calendar Day: A full 24-hour day.
Ongoing Transactions: A distance contract related to a series of products and/or services, with obligations extending over a longer period.
Durable Medium: Any tool that allows the consumer or entrepreneur to store information addressed personally to them, ensuring future retrieval and unaltered reproduction of the stored information.
Right of Withdrawal: The consumer’s right to terminate a distance contract within the withdrawal period.
Entrepreneur: A natural or legal person who offers products and/or services to consumers remotely.
Distance Sales Agreement: A contract concluded under a system organized by the entrepreneur for the remote sale of products and/or services, where one or more means of distance communication are used exclusively until the contract is concluded.
Means of Distance Communication: A tool used to conclude a contract without the consumer and entrepreneur needing to be physically present in the same place at the same time.
General Business Terms and Conditions: These general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company Name: Nextsphere Limited
Legal Form: Limited
Registered Office:
Room 509, 5th Floor, The Cloud 111
Tung Chau Street, Tai Kok Tsui
Hong Kong

Email: info@mezamstore.nl
Phone: +31 851308374

Article 3 – Applicability

These general terms and conditions apply to:

Every offer made by the entrepreneur.
Every distance agreement and all orders between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the general terms and conditions can be accessed, and they will be sent to the consumer free of charge upon request.

If the contract is concluded electronically, the terms and conditions may also be provided electronically in such a way that the consumer can easily store them on a durable medium. If this is not possible, the consumer will be informed where they can read the terms online and that they can be sent electronically or otherwise upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs also apply, and the consumer may always rely on the most favorable provisions in case of contradictions.

Should any provision of these terms and conditions be wholly or partially invalid or declared null and void, the remaining agreement and terms will remain in effect, and the invalid provision will be replaced with one that is as close as possible in meaning to the original.

Situations that are not covered by these general terms and conditions should be interpreted in line with the spirit of these terms.

Any ambiguities regarding the interpretation or content of these general terms and conditions should also be interpreted in line with the spirit of these terms.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated.
Offers are subject to change. The entrepreneur reserves the right to modify and adjust the offer.
The offer includes a complete and accurate description of the products and/or services provided. The description is detailed enough to enable the consumer to assess the offer properly. If the entrepreneur uses images, they are a true representation of the products/services. Any obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be used to claim damages or dissolve the contract.
Product images are a realistic representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information so that the consumer understands what rights and obligations come with acceptance, particularly regarding:
- Price (excluding customs duties and import taxes, which are the customer’s responsibility). Customs and courier services may apply special regulations when importing goods into the EU destination country.
- Shipping costs.
- How the contract will be concluded and the necessary steps.
- Whether the right of withdrawal applies or not.
- Payment, delivery, and contract execution methods.
- The acceptance period of the offer or the validity period of the price guarantee.
- Communication costs if they are calculated differently than the basic rate of the communication method used.
- Whether the contract will be archived after being concluded, and if so, how the consumer can access it.
- How the consumer can check and correct information provided before finalizing the contract.
- Which languages the contract can be concluded in besides Dutch.
- The codes of conduct that the entrepreneur follows and how the consumer can access these electronically.
- The minimum duration of an ongoing transaction contract, if applicable.
- Optional details such as available sizes, colors, and material types.

Article 5 – The Agreement

The contract is concluded when the consumer accepts the offer and meets the stated conditions, subject to the provisions in paragraph 4.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of acceptance. Until this confirmation is received, the consumer may cancel the agreement.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and security measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer is able to make electronic payments, the entrepreneur will implement appropriate security measures.
The entrepreneur may verify, within legal limits, whether the consumer can meet their payment obligations and investigate relevant factors for a responsible distance contract. If the entrepreneur has valid reasons not to enter into the contract, they may refuse an order or attach special conditions to its execution.
Upon delivery of the product or service, the entrepreneur will provide the consumer with the following information in writing or on a durable medium:
- The physical address of the entrepreneur's establishment where the consumer can submit complaints.
- The conditions under which the consumer can exercise their right of withdrawal or a clear statement if withdrawal is excluded.
- Information on warranties and customer service.
- The details specified in Article 4, Paragraph 3, unless these details have already been provided before the contract was concluded.
- The terms for contract cancellation if the contract is for more than one year or is indefinite.
In the case of ongoing transactions, the previous paragraph only applies to the first delivery.
Every contract is concluded under the suspensive condition of the sufficient availability of the ordered products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract within 30 days without providing a reason. The withdrawal period starts the day after the consumer, or an authorized representative designated by the consumer, receives the product.
During the withdrawal period, the consumer must handle the product and packaging with care. They should only unpack or use the product as necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories, in its original condition and packaging, in accordance with the entrepreneur’s reasonable and clear instructions.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. The consumer must do so via a written notice or email. After notifying the entrepreneur, the consumer must return the product within 5 days. Proof of return (such as a shipping receipt) must be provided.
Returns must be sent at the consumer’s own cost to the supplier in China.
If the consumer fails to communicate their intent to withdraw within the stated periods or does not return the product, the purchase is considered final.

Article 7 – Costs in Case of Cancellation

If the consumer exercises their right of withdrawal, the costs for returning the product are their responsibility.
If the consumer has already made a payment, the entrepreneur will refund the amount within 5 days of receiving the returned goods.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for specific products and services, as stated in paragraphs 2 and 3. This exclusion is only valid if it is clearly stated before the contract is concluded.

The right of withdrawal cannot be exercised for:

Products custom-made according to the consumer's specifications.
Items that are clearly personal in nature.
Products that cannot be returned due to their nature.
Goods that expire or deteriorate quickly.
Products whose price is subject to fluctuations in the financial market, beyond the entrepreneur's control.
Individual newspapers, magazines, and periodicals.
Audio and video recordings and computer software where the seal has been broken.
Hygiene products where the consumer has broken the seal.

Exclusion also applies to services such as:

Accommodation, transport, catering, or leisure activities scheduled for a specific date or period.
Services that have already begun with the consumer’s explicit consent before the withdrawal period expires.
Bets and lotteries.

Article 9 – Pricing & Taxes

- The prices of products and services remain unchanged during the validity period mentioned in the offer, except for adjustments due to currency fluctuations or supplier pricing.
- As our company is based in Hong Kong, we do not charge VAT. Customers are responsible for any import duties, taxes, or customs fees applicable in their country.
- The courier or postal service may collect VAT, import duties, and clearance fees from the recipient upon delivery, in accordance with the regulations of the destination country.
- All prices are subject to typographical and printing errors. No liability is accepted for such errors, and the entrepreneur is not obligated to sell the product at an incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications in the offer, and legal regulations applicable at the time of contract formation. If agreed upon, the entrepreneur also guarantees that the product is suitable for non-standard use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights.
Defective or incorrectly delivered products must be reported to the entrepreneur within 30 days of delivery. The consumer must return the products in their original packaging and new condition.
The entrepreneur’s warranty period is equal to the manufacturer’s warranty period. However, the entrepreneur is not responsible for the ultimate suitability of the products for individual applications or any advice regarding usage.
The warranty does not apply if:
- The consumer modifies or repairs the product themselves or through third parties.
- The product has been exposed to abnormal conditions, misused, or handled contrary to the entrepreneur’s instructions.
- The defect is the result of government regulations affecting the product’s composition or quality.

Article 11 – Delivery and Execution

The entrepreneur will process and fulfill accepted orders as soon as possible, but no later than 30 days, unless a longer delivery period has been agreed upon.
If delivery is delayed, or if an order cannot be fulfilled or is only partially fulfilled, the consumer will be informed within 30 days of placing the order. The consumer then has the right to cancel the contract free of charge and request a refund.
If the contract is terminated due to non-delivery, the entrepreneur will refund any amount paid by the consumer as soon as possible, but no later than 5 days after confirming cancellation.
Return shipping costs are the responsibility of the customer, unless otherwise agreed in writing.
The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer, unless otherwise agreed upon.

Article 12 – Ongoing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract of indefinite duration for the regular delivery of products (including electricity) or services at any time with one month's notice, following agreed termination conditions.
The consumer may terminate a contract of fixed duration for the regular delivery of products or services at the end of the specified period, with a maximum notice period of one month.
The consumer can terminate these contracts:
- At any time, without being restricted to a specific period.
- Using the same method in which the contract was entered into.
- With the same notice period that the entrepreneur has set for themselves.

Renewal

A contract for a fixed term for the regular delivery of products or services cannot be automatically extended or renewed for another fixed period.
An exception applies to newspapers and magazines, where a contract may be renewed for a maximum of three months, provided the consumer can terminate it with one month's notice.
A fixed-term contract that is automatically renewed into an indefinite-term contract may be terminated by the consumer at any time, with a notice period of one month.
A trial or introductory subscription to newspapers, magazines, or other periodicals will not be automatically renewed and ends automatically after the trial 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 one month's notice, unless early termination is deemed unreasonable or unfair.

Article 13 – Payment

Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days from the start of the withdrawal period as mentioned in Article 6, Paragraph 1.
In the case of a service contract, the payment period starts after the consumer receives confirmation of the contract.
The consumer is obliged to report any inaccuracies in payment details provided or recorded immediately to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right to charge reasonable costs communicated to the consumer in advance, subject to legal restrictions.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days after the consumer identifies the shortcomings. The complaint must be fully and clearly described.
Complaints submitted to the entrepreneur will be responded to within 30 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will provide an acknowledgment of receipt and an estimated response time within 30 days.
If a complaint cannot be resolved amicably, a dispute arises that is eligible for dispute resolution.
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur explicitly states otherwise.
If a complaint is found to be valid, the entrepreneur will replace or repair the delivered product at no cost to the consumer.

Article 15 – Disputes & Governing Law

These general terms and conditions, and any agreements between the entrepreneur and the consumer, are exclusively governed by the laws of Hong Kong, regardless of the consumer’s country of residence.
Any disputes arising in connection with these terms shall be exclusively settled in the courts of Hong Kong.
Before taking legal action, we strongly encourage customers to first contact our customer service at info@mezamstore.com to seek a resolution.