Terms and Conditions

Article 1 – Definitions

These provisions mean the following:

• Withdrawal period: the period within which the buyer can exercise their right of withdrawal;
• Buyer: a person who enters into a distance contract with the seller outside their professional or business activity;
• Day: any calendar day;
• Continuing performance contract: a distance contract regarding a series of products and/or services, where the supply and/or purchase obligation is spread over a longer period;
• Durable medium: any means that allows the buyer or seller to store information that is personally addressed to them in a way that makes it accessible for future reference and reproduction in an unchanged form.
• Right of withdrawal: the possibility for the buyer to withdraw from the distance contract within the withdrawal period;
• Seller: a natural or legal person who offers products and/or services to consumers exclusively at a distance;
• Distance contract: a contract concluded under an organized distance sales system of products and/or services, whereby up to and including the conclusion of the contract, only one or more means of distance communication are used;
• Distance communication technology: a method that can be used to conclude a contract without the buyer and seller being in the same room at the same time.

Article 2 – Identity of the Seller

E-DGTL Limited

Address: 6 Kin Tai Street, Tuen Mun, New Territories, Hong Kong

(Our business address does not serve as a return address. Packages sent here will be rejected.)

Email: support@williamsmelbourne.com

Contact page: www.williamsmelbourne.com/pages/contact

Company no.: 3286583

Phone number: +44 07909006776 (no customer support)

Our customer service team is available Monday to Friday from 9 AM - 5 PM.

Article 3 – Applicability

These General Terms and Conditions apply to every offer from the seller as well as to every distance contract and order between the seller and the buyer.

Before concluding the distance contract, the text of these General Terms and Conditions will be made available to the buyer. If this is not reasonably possible, the seller will indicate how the General Terms and Conditions can be viewed at the seller's premises and that they will be sent free of charge at the buyer's request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may be made available to the buyer electronically in such a way that the buyer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated where the General Terms and Conditions can be viewed electronically and that they will be sent free of charge at the buyer's request.

Should specific product or service conditions apply in addition to these General Terms and Conditions, the second and third clauses will apply accordingly. In case of conflicting General Terms and Conditions, the buyer can always rely on the provision that is most favorable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid, the contract and these conditions will remain in effect, and the relevant provision will be replaced immediately by a provision that approximates the original purpose as closely as possible, as agreed by the parties.

Unless otherwise provided in these General Terms and Conditions, situations will be assessed on the basis of the spirit of these General Terms and Conditions.

In the event of ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions, the interpretation will be based on 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 seller reserves the right to change and adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the buyer to make a proper assessment of the offer. Images in the offer represent an accurate depiction of the offered products and/or services. Obvious errors or mistakes in the offer are not binding on the seller.

Every offer contains information that makes it clear to the buyer what rights and obligations are associated with accepting the offer.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the buyer accepts the offer and meets the corresponding conditions.

If the buyer has accepted the offer electronically, the seller will immediately confirm receipt of the acceptance of the offer electronically. As long as the seller has not confirmed receipt of this acceptance, the buyer can withdraw from the contract.

If the contract is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the buyer can pay electronically, the seller will take appropriate security measures.

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

At the latest upon delivery of the product, the seller will send the buyer the following information in writing or in a form that can be stored by the buyer on a durable medium:

• the address of the seller's office where the buyer can lodge complaints;
• the conditions under which and the manner in which the buyer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information on guarantees and existing after-sales services;
• the information referred to in Article 4 paragraph 3 of these conditions, unless the seller has already provided this information to the buyer before the execution of the contract;
• the conditions for terminating the contract if the contract 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 only applies to the first delivery.

Article 6 – Right of Withdrawal

For products:

• The consumer can withdraw from a contract concerning the purchase of a product during a withdrawal period of at least 30 days without giving any reason. The seller may ask the consumer about the reason for withdrawal, but cannot oblige the consumer to state their reason(s).
• The withdrawal period mentioned in paragraph 1 starts on the day after the consumer or a third party designated by the consumer, who is not the carrier, has received the product, or:
  • if the consumer has ordered multiple products in one order: the day on which the consumer or a third party designated by them has received the last product. The seller may, provided they have clearly informed the consumer prior to the ordering process, refuse an order for multiple products with different delivery times.
  • if the delivery of a product consists of multiple shipments or parts: the day on which the consumer or a third party designated by them has received the last shipment or part;
  • for contracts regarding the regular delivery of products during a certain period: the day on which the consumer or a third party designated by them has received the first product.

For services and digital content not delivered on a physical medium:

• The consumer can withdraw from a service contract and a contract for the supply of digital content not delivered on a physical medium during a withdrawal period of at least 30 days without giving any reason. The seller may ask the consumer about the reason for withdrawal but cannot oblige the consumer to state their reason(s).
• The withdrawal period mentioned in paragraph 3 starts on the day following the conclusion of the contract.

Extended withdrawal period for products, services, and digital content not delivered on a physical medium if the seller has not informed about the right of withdrawal:

• If the seller has not provided the legally required information about the right of withdrawal or the model withdrawal form to the consumer, the withdrawal period expires twelve months after the end of the original withdrawal period in accordance with the previous paragraphs of this article.
• If the seller has provided the information referred to in the previous paragraph to the consumer within twelve months after the original withdrawal period started, the withdrawal period will expire 30 days after the day on which the consumer received that information.

Article 7 – Buyer’s Obligations During the Withdrawal Period

During the withdrawal period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

The consumer is only liable for any diminished value of the product that results from handling the product in a way that goes beyond what is permitted in paragraph 1.

The consumer is not liable for diminished value of the product if the seller has not provided the legally required information about the right of withdrawal before or at the time of conclusion of the contract.

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

If the consumer wishes to exercise their right of withdrawal, they must inform the seller within the withdrawal period using the model withdrawal form or any other clear procedure.

Within 30 days from the day following the notification as per paragraph 1, the consumer must promptly return the product, either by sending it back or handing it over to the seller or their representative. This obligation is waived if the seller has offered to collect the product themselves. Nevertheless, the consumer must ensure the product is returned within the withdrawal period, even if this occurs before the period ends.

The consumer should return the product with all supplied accessories, ideally in its original condition and packaging, following any reasonable instructions from the seller.

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

The consumer bears the direct costs of returning the product. However, if the seller has not stated that the consumer must bear these costs or has indicated that they will bear them, the consumer is not obligated to cover the return costs.

If the consumer exercises their right of withdrawal after expressly requesting the provision of services or the supply of gas, water, or electricity that are not sold in limited volume or quantity during the withdrawal period, they are responsible to the seller for a proportional amount based on the part of the obligation fulfilled at the time of withdrawal compared to the full obligation.

The consumer is not liable for costs associated with the provision of services or the supply of water, gas, or electricity that are not sold in limited volume or quantity, or for district heating, if:

• The seller has not provided the legally required information about the right of withdrawal, reimbursement of costs in case of withdrawal, or the model withdrawal form;
• Or the consumer did not expressly request the provision of services or the supply of gas, water, electricity, or district heating during the withdrawal period.

The consumer is not responsible for costs related to the full or partial delivery of digital content not supplied on a tangible medium if:

• They did not expressly consent to the contract's execution before the end of the withdrawal period;
• They did not waive their right of withdrawal upon giving consent;
• Or the seller did not confirm this declaration from the consumer.

Upon exercising the right of withdrawal, all additional agreements are automatically terminated.

Article 9 - Seller's Obligations in the Event of Withdrawal

If the seller allows the consumer to submit the withdrawal electronically, they must promptly send an electronic confirmation upon receipt of this notification.

The seller is obliged to refund all payments from the consumer, including any delivery costs for the returned product, promptly and no later than 14 days from the day the consumer informed them of the withdrawal. If the seller does not offer to collect the product themselves, they may withhold the refund until they have received the product back or the consumer has provided proof of returning it, whichever occurs first.

The refund must be made using the same payment method that the consumer used for the original transaction unless agreed otherwise. This refund must be free of charge.

If the consumer chose a more expensive shipping method than the cheapest standard option, the seller is not required to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the Right of Withdrawal

The seller may exclude certain products and services from the right of withdrawal, but only if this exclusion is clearly communicated in the offer before the contract is concluded. These exclusions include:

• Products or services whose price depends on market fluctuations beyond the seller's control during the withdrawal period;
• Contracts concluded at public auctions;
• Service contracts fully performed with the consumer's express prior consent, acknowledging the loss of the right of withdrawal upon full performance;
• Package travel and passenger transport contracts;
• Accommodation service contracts with specific performance dates;
• Contracts for leisure activities with specific performance dates;
• Custom-made products or items clearly intended for a specific person;
• Perishable goods or items with a limited shelf life;
• Sealed products that are unsuitable for return for health or hygiene reasons if the seal is broken;
• Products that are, after delivery, inseparably mixed with other items;
• Alcoholic beverages delivered after 30 days and whose value fluctuates beyond the seller's control;
• Sealed audio, video recordings, and software with broken seals after delivery;
• Newspapers, periodicals, or magazines, except subscriptions;
• Digital content not supplied on a tangible medium with the consumer's express prior consent and acknowledgment of the loss of the right of withdrawal.

Article 11 - Pricing

During the period specified in the offer, the prices of the offered products and/or services remain unchanged, unless adjustments occur due to changes in VAT rates.

However, the seller reserves the right to present products or services at prices subject to market fluctuations beyond their control, with variable prices. Any such fluctuations and the indication that the stated prices are target or guide prices will be clearly communicated in the offer.

Price increases within 3 months of concluding the contract are only permissible if they result from legal regulations or provisions.

Price adjustments beyond 3 months after concluding the contract are only permissible if explicitly stated by the seller and if:

• They result from legal regulations or provisions; or
• The consumer has the right to terminate the contract on the day the price increase takes effect.

The prices stated in offers for products or services include VAT.

Article 12 - Performance and Additional Guarantee

The seller guarantees that the products and/or services comply with the contract, including the specifications in the offer, reasonable quality and usability standards, and applicable legal requirements and/or governmental regulations at the time of contract conclusion. If agreed, the seller also ensures that the product is suitable for uses beyond standard use.

Any additional guarantee provided by the seller, their supplier, manufacturer, or importer does not affect the consumer's legal rights and claims against the seller if the seller fails to fulfill their obligations under the contract.

An additional guarantee includes any obligation from the seller, their supplier, importer, or manufacturer that grants the consumer rights or claims exceeding those legally required in case of the seller's failure to meet their contractual obligations.

Article 13 - Delivery and Performance

The seller will handle product orders and service requests with utmost care.

Delivery is made to the address specified by the consumer.

Unless otherwise agreed, the seller will promptly fulfill accepted orders, ensuring delivery within 30 days. If delays or issues arise with an order, the consumer will be notified within one month of placing the order. In such cases, the consumer has the right to terminate the contract without costs and may be entitled to compensation.

In the event of termination as per the above conditions, the seller will promptly refund the consumer.

The seller bears the risk of damage or loss of the products until their delivery to the consumer or their designated representative, unless otherwise agreed. For more information, refer to our Shipping Policy (https://williamsmelbourne.com/pages/shipping-policy).

Article 14 - Continuing Contracts: Duration, Termination, and Renewal

Termination:

For contracts of indefinite duration aimed at the regular delivery of products or services, the consumer may terminate at any time with a notice period of up to one month, following the agreed termination rules.

For fixed-term contracts aimed at the regular delivery of products or services, the consumer may terminate at the end of the specified period with a notice period of up to one month, following the agreed termination rules.

For both types of agreements:

• Termination can occur at any time without being restricted to specific periods;
• Termination must be carried out in the same manner as the contract was concluded;
• The notice period must comply with the seller's stipulated conditions.