GENERAL TERMS AND CONDITIONS OF SALE

The following capitalized terms shall have the following meaning:

• ‘Amaran’ means Amgreat Hong Kong Limited and/or any of its affiliates, selling Products to the Buyer (online);

• ‘Buyer’ means the party placing an online order for the purchase of Products from Amaran by using Amaran’s website;

• ‘Cooling-off period’ means the term following the Order during which the Buyer can make use of its right of withdrawal;

• ‘GTC’ means these general terms and conditions of sale;

• ‘Order’ means the acceptance of the Buyer of an offer by Amaran, for the sale of certain Products, as confirmed by the Buyer as set out in Clause 3 of these GTC;

• ‘Parties’: Amaran and the Buyer may collectively be referred to as ‘Parties’, and individually as a ‘Party’, where appropriate;

• ‘Product(s)’ means the good(s) offered for online sale by Amaran on its website, as may be ordered by the Buyer.

• ‘Standard Form’ means the standard form that the Buyer can use to invoke its right of withdrawal (as set out in Clause 8), available on Amaran’s website.

• These GTC are applicable to any Products offered for (online) sale by Amaran, to any Order placed by the Buyer for the purchase of such Products, and to any agreement entered into with Amaran and all services or other performances related thereto, including shipment and delivery. By placing an Order on Amaran’s website and purchasing Products, the Buyer agrees to be bound by these GTC.
• The applicability of any other general terms and conditions, including any terms of the Buyer, is explicitly rejected.
• If these GTC are amended, the amended text shall apply from the date of the amendment to agreements finalised after the amendment date.

• Amaran offers its Products for online sale, by placing these Products on its website. The offer contains a complete and precise description of the Products being offered. Amaran may make use of pictures to advertise its Products for indicative purposes only. Apparent/obvious mistakes in Amaran’s offer of the Products (for example an extremely low price of which the Buyer should reasonably have been aware that this would constitute a mistake), are not binding on Amaran.
  
• Every offer from Amaran will contain specific information that makes it clear to the Buyer what its rights and obligations are when accepting the offer. This concerns in particular:
  
  - The price of the Products, including tax;
  - Possible shipping costs;
  - The payment method;
  - The delivery method.
  
• Amaran’s offers of the Products are without engagement and revocable as long as the Buyer has not placed its final Order. Prices for the Products are valid as long as they are offered for this price, and may only be changed when no Order was placed yet, with the exclusion of price deviations stemming from changes in VAT charges.
  
• Parties will enter into a purchase agreement as soon as the Buyer accepts one of the offers made by Amaran by placing an Order, confirming the Buyer wants to buy (a) Product(s) at the offered price and conditions. The Order will be placed by the Buyer selecting the Product(s) in question, confirming the applicability of these GTC, providing the relevant contact and shipping information and performing payment or choosing a binding payment method (in case of after-pay), and continuing by confirming the Order with an obligation to pay.
  
• After receiving the Order, Amaran will send an Order confirmation. This Order confirmation is deemed to reflect the agreement between the Parties correctly and completely, unless Parties specifically agree otherwise. As long as the Order is not confirmed by Amaran (in digital form), the Buyer can dissolve the purchase agreement. After the receiving the Order confirmation, the Order cannot be changed.
  
• In the Order confirmation, or ultimately upon delivery of the ordered Product(s), Amaran will inform the Buyer in writing of:
  
  - Where and how the Buyer can file possible complaints related to the Order and/or the Product(s);
  - The Buyer will receive the Standard Form to invoke its right of withdrawal (available on Amaran’s website as well);
  - Information about guarantees and after-sales services related to the Product(s);
  - The price of the Product(s), including applicable taxes and shipping costs, as well as the payment method.
  
• Amaran sells and ships its Product(s) exclusively to end customers. The Buyer may not commercially distribute, publish, license, or resell any Product(s) or services purchased from Amaran. If Amaran reasonably suspects, based on order patterns, shipping addresses, or payment methods, that the Buyer is purchasing Products for commercial resale or distribution without a prior written distribution agreement with Amaran, then Amaran reserves the right to cancel the Order and refund the purchase price and reserves the right to block the Buyer's account and associated payment methods from placing future orders if Amaran detects a violation of this clause, and in any event in the following instances:
  
  a. the ordered Products exceed the purchase limit for the same Buyer (whether ordered through one account, or if the Orders lead to the same Buyer using different accounts, for example detected by the same payment account, same delivery address, same IP address, same contact number, or otherwise);
  b. Amaran receives notification from the (credit card) company facilitating the payment of the Order that the transaction was somehow fraudulent;
  c. Amaran determines that the purchase was made through improper means or finds evidence that the Order was made in violation of applicable laws.

• Payment Methods. When placing an Order through Amaran's website, the Buyer may choose from the available payment methods, which may include credit card, debit card, PayPal, and instalment payment options offered by our third-party partners (e.g., Klarna, Ratepay). No additional fees will be charged for the use of standard payment methods. Some payment methods may be subject to additional terms and conditions of the payment provider.
  
• Payment is due immediately at the time the Order is placed. By clicking the button confirming the Order, the Buyer expressly acknowledges that the Order entails an obligation to pay the price for the Products, including applicable taxes and delivery costs. For credit card, PayPal, and instalment payments, Amaran will begin processing the Order upon receiving confirmation of successful payment authorization from the payment service provider.
  
• If the Buyer selects an installment payment option provided by a third-party payment service provider (such as Klarna and Ratepay), the following terms apply:
  
  a) The installment or credit agreement is concluded between the Buyer and the payment service provider. Amaran is not itself a creditor under that agreement. The Buyer's statutory rights arising from a linked credit agreement under applicable law, including the right to pursue the creditor where a claim against Amaran has failed, remain unaffected.
  b) Before selecting an installment payment option, the Buyer will be provided with the payment service provider's pre-contractual information, including the applicable payment schedule, interest rate or fees, and the consequences of late payment, in accordance with applicable consumer credit law. The Buyer's acceptance of those terms at checkout constitutes a separate agreement with the payment service provider. Any processing of the Buyer's personal data in connection with the installment arrangement, including any credit reporting, is carried out by the payment service provider acting as an independent data controller. The details of such processing are set out in the payment service provider's privacy notice, which is made available to the Buyer at the point of sale.
  c) Where the Buyer is in default of a payment obligation directly owed to Amaran, Amaran may, following written notice to the Buyer specifying the nature of the default and allowing a cure period of no fewer than 14 days, suspend the processing of further Orders until the default has been remedied. Amaran shall not suspend performance on the basis of a default owed solely to a third-party payment service provider. Nothing in this clause affects the Buyer's statutory rights.
  
• Payment is due at the time the Order is placed. Any advance payment required shall not exceed what is permitted under the mandatory law of the Buyer's place of habitual residence; where such law imposes a cap on advance payment, those provisions prevail over these GTC. Any remaining balance is due no later than at the time of delivery. The total price and applicable payment terms will be communicated to the Buyer before the Order is concluded. Amaran reserves the right to suspend further Order processing until the required payment has been received.

• The place of delivery of the ordered Product(s) will be the address as indicated by the Buyer when placing the Order, under the condition that this address is within the European Union. If the Buyer requests delivery in a third country, Amaran is entitled to refuse the Order.
  
• Amaran will perform shipment of Orders as quickly as possible, but in any event within thirty (30) days after the Order was placed. In case shipment is delayed or can only partially be performed, Amaran will notify the Buyer thereof in writing ultimately thirty (30) days after the Order was placed, in which case the Buyer has the right to dissolve the purchase agreement without incurring any costs.
  
• Delivery will take place by carriers instructed by Amaran. Amaran will bear the risk of loss of or damages to the Product(s) during the transport thereof until the moment of delivery. Amaran will notify the Buyer of the carrier delivering the Order and (through its carrier) provide the Buyer with updates on the expected delivery of the Order.
  
• In case the Buyer refuses delivery or if the Buyer is in default with payment obligations directly owed to Amaran (i.e., excluding any default owed to a third-party payment service provider in the context of installment payment arrangements), Amaran is authorised to transport the Order back to itself or any third party and to store them or sell them to a third party, without any obligation whatsoever for late delivery. In that case, the purchase price will be refunded to the Buyer:
  
  a. If the Buyer refuses delivery without simultaneously exercising a statutory right of withdrawal, or if the Buyer is in default with payment obligations directly owed to Amaran (i.e., excluding any default owed to a third-party payment service provider in the context of installment payment arrangements), such conduct shall not be deemed as exercising a right of withdrawal. In such case, Amaran may refund the purchase price after deducting the reasonable costs incurred as a result of the Buyer’s default, including but not limited to outbound shipping, return shipping, handling, customs, and administrative fees.
  b. If the Buyer refuses delivery or fails to make payment while simultaneously exercising the statutory right of withdrawal by using the standard withdrawal form, paragraph (a) of this clause shall not apply, and the refund shall be processed in accordance with Section 8 of this GTC.

• The Buyer is obliged to inspect the goods immediately upon delivery for possible defects, deviations, shortfalls or other shortcomings. The Buyer shall report any non-conformity in writing to Amaran within two (2) months after delivery of the goods.
  
• In case of non-visible defects, which are not immediately noticeable upon normal inspection, the Buyer shall report any non-visible defect in writing to Amaran within two (2) months days after the Buyer became or reasonably should have become aware of the defect, or after the defect has manifested itself.
  
• If the Buyer did not report its complaint(s) in writing within the two-month term mentioned in clause 6.1 and 6.2 above, the goods are deemed to have been approved and accepted (notwithstanding the Buyer’s right of withdrawal under Clause 8) and the Buyer cannot derive any rights or claims stemming from alleged non-conformity of the delivered goods.
  
• Amaran will have its own right of inspection of the delivered Products. The Buyer’s right to complain and any claim related to alleged non-conformity of the delivered Products will lapse if: 
  
  a. The Products have been exposed to abnormal circumstances, have not been properly installed or treated in accordance with the user instructions or have otherwise been treated carelessly or inexpertly;
  b. the warranty period as provided for in Clause 11.1 has expired.

The Buyer is responsible for proper installation of (parts of) the Products. Any defects or malfunctioning of the Products as a result of improper installation remains entirely for the Buyer’s account.

• The Buyer has the right to dissolve a purchase agreement for ordered Products for convenience during a cooling-off period of fourteen (14) days. Amaran may ask the Buyer about its reasons for dissolving the agreement, but the Buyer is not obliged to state its reasons.
  
• The above-mentioned cooling-off period starts running from the day the Buyer, or a third party appointed by the Buyer, not being the carrier, received the Product, or, if the Buyer purchased several Products with one Order, the day on which the Buyer, or a third party appointed by the Buyer, not being the carrier, received the last Product or component of a Product. Amaran may refuse an Order with different delivery times for different Products, as long as it informs the Buyer thereof.
  
• With the Order confirmation, or ultimately upon delivery, Amaran will provide the Buyer with all relevant information on the right of withdrawal, as well as the Standard Form to invoke this right of withdrawal (available on Amaran’s website), failing which the cooling-off period will last for twelve (12) months, starting from the moment as set out in Clause 8.2 above. In case Amaran provides the Buyer with the relevant information on the right of withdrawal, as well as the Standard Form within twelve (12) months after the cooling-off period initially starts running (as stated in Clause 8.2 above), the cooling-off period will end fourteen (14) days after the day the Buyer received this information.
  
• If the Buyer wants to invoke its right of withdrawal, it should notify Amaran thereof within the cooling-off period by making use of the Standard Form available on Amaran’s website or by means of any other explicit written notification to Amaran. The Buyer will then return the Product(s) as soon as possible, but in any event within fourteen (14) days after invoking the right of withdrawal, unless Amaran offered to pick up the Product(s) itself. Amaran’s return policy is set out in Clause 10.

• During the cooling-off period, the Buyer will handle the delivered Product(s) and its packaging with care. The Product(s) will only be unpacked or used insofar as necessary to assess the nature, characteristics and functioning of the Product(s). The Buyer must handle the Product(s) and its packaging with the same caution and care as may be expected from customers in a physical store.
  
• The Buyer will be liable for damages to the Product(s) or decrease of value of the Product(s) resulting from handling the Product(s) in a manner that goes beyond what is allowed under Clause 9.1. The Buyer will not be liable for any damages or decrease of value of the Product(s) if Amaran did not inform the Buyer of its right of withdrawal (Clause 8 above) when entering into the purchase agreement.

• If the Buyer invokes its right of withdrawal, it should return the Product(s) as set out in Clause 8.4 within fourteen (14) days after invoking its right of withdrawal. Amaran will confirm the Buyer’s notification on invoking its right of withdrawal in written form as soon as possible. The Buyer will return the Product(s) including all the delivered components, manuals, accompanying free items and accessories, when reasonably possible in the original state and packaging (including an intact EAN code), in accordance with Amaran’s instructions.
  
• The Buyer will bear the costs for the return of the Product(s), unless Amaran failed to notify the Buyer of this obligation, or if Amaran confirms in writing to bear these costs. If Amaran establishes that the reason for return of the Product is a Product quality issue attributable to Amaran or an incorrect Product was delivered by Amaran, Amaran will cover the return shipping costs.
  
• Amaran may refuse returns in case:
  
  a. the Buyer fails to provide proof of purchase of the Products;
  b. the returned Products are incomplete, damaged or malfunctioning caused by unauthorized use or modification, improper installation or operation of the Products by the Buyer;
  c. the Product labels, serial numbers, waterproof signs or any other components of the Product has signs of tampering or alteration

• In case of a timely return, the Buyer can either opt for a refund of the purchase price, or to exchange the returned Product for another Product. If the Order included free items, all items must be returned to receive a refund or exchange of Products, If the Buyer fails to return the free items with the main Product, Amaran is entitled to deduct the fair market value of those free items from the refund amount..
  
• Once Amaran received and inspected the returned Products, it will process the refund to the original payment method by the Buyer. The refund will be paid by Amaran within fourteen (14) days after the Buyer invoked its right of withdrawal (Clause 8.4), unless Amaran has not yet received the returned Products, in which case it may wait with the refund payment until the return is actually received or the Buyer provides proof of shipping the returns. Amaran recommends that the Buyer consider an exchange. If the Buyer opts for exchange of the Product for another Product, Amaran will ship the new Product(s) immediately upon receiving the logistics tracking information for the returned product, without waiting for the physical inspection of the returned item.

• Unless explicitly agreed otherwise, Amaran warrants that the delivered goods comply with usual trade quality and with the requirements of European product legislation, during a period of at least two (2) years after delivery.
  
• At the discretion of Amaran, the warranty is limited to repair or redelivery of the Products or refund of the purchase price, insofar it has been established that the Products do not conform with the agreement. Any other claim or demand by the Buyer is explicitly excluded.
  
• This warranty is without prejudice to Amaran’s right to invoke other stipulations in these GTC.
  
• The Buyer may not invoke this warranty in case of normal wear and tear to the Products, or alleged defects that are caused by or attributable to the Buyer itself, such as improper handling, use, installation or storage of the Products.

• In case of repairs of the Products during the warranty period (Clause 11 above), the following shall apply. The Buyer will notify Amaran of a repair request by contacting Amaran’s service department. The Buyer will send proof of purchase of the Products, as well as a description of the alleged defects, with pictures (if the defect is visible). Amaran will issue a Return Merchandise Authorization (RMA) number and provide return instructions. The Buyer will then send the Product(s) in question to the nearest repair center, as communicated by Amaran.
  
• Upon receipt of the Product(s), Amaran will test the Product(s) to verify the defects and/or issues with the Product(s), as well as performing a root cause analysis. Amaran will notify the Buyer whether the Product is covered by the warranty (the warranty period has not lapsed, there is a defect to the Products, and this defect is not attributable to the Buyer itself).
  
• If the Product is not covered by the warranty, the Buyer has the option to (i) have the Product sent back, without any repair works taking place and both the outbound and return shipping costs shall be borne by the Buyer, (ii) if possible, have repair works performed at the Buyer’s own cost and both the outbound and return shipping costs shall be borne by the Buyer, or (iii) leave the Product at Amaran’s repair centre, where Amaran can decide what to do with the Product at its own discretion, the shipping cost for return shipping costs shall be borne by the Buyer. If the Buyer does not notify Amaran of its preferred option, this third option will apply.
  
• If the Product is covered by Amaran’s warranty policy, Amaran will repair or replace the Product at Amaran’s cost and delivers the repaired or replaced Product to the address indicated by the Buyer as quickly as possible.

• If the Buyer has a complaint about its Order, the Product(s), or other services provided by Amaran, the Buyer can submit a complaint in writing by sending an email to shop.eu@amarancreators.com or filling out the complaint form on Contact Support. The Buyer should clearly describe the nature of the complaint.
  
• Amaran will acknowledge receipt of complaints as quickly as possible and will aim to provide a substantive response within fourteen (14) days. If more time is needed to investigate the complaint, the Buyer will be informed accordingly.
  
• If the Buyer is not satisfied with the outcome of Amaran’s complaint handling, and the Buyer is a consumer residing in the European Union, the Buyer may submit its complaint to an independent alternative dispute resolution body in accordance with Directive 2013/11/EU. For this purpose, Amaran refers to Stichting Geschillencommissies voor Consumentenzaken, a Dutch ADR entity, provided that the dispute falls within its scope and the ADR entity agrees to handle the case.

• When concluding a purchase agreement online, Amaran will take suitable technical and practical measure to ensure a safe electronic data transfer, ensuring a secure digital environment. In case of electronic payment by the Buyer, Amaran will take a necessary measures to ensure secure payment.
  
• Amaran may process personal data of the Buyer to process Orders. This will happen in line with Amaran’s Privacy Policy available on Amaran’s website. This Privacy Policy is also published on Amaran’s website.

• All (intellectual and industrial) property rights, including but not limited to copyrights and database rights to all Products delivered by Amaran, including but not limited to copies, models, drawings, designs, documents, (spare) parts and equipment which form part of the agreement between Amaran and the Buyer, are vested with Amaran.
  
• The Buyer warrants and guarantees that it shall not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary rights with respect to the Products or any services delivered by Amaran. The Buyer shall defend, hold harmless and indemnify Amaran and its affiliates from and against all claims, demands, liabilities, losses, damages, judgments, awards, fines, penalties, costs and expenses (including reasonable attorneys’ fees) with respect to any litigation or proceeding therefrom, arising out of, relating to or connected to the Buyer’s breach of any proprietary right of Amaran.
  
• In the event of infringement of any proprietary right, the Buyer will immediately provide Amaran with a notice in writing in relation thereto.

• Amaran is not liable or deemed to be in default of performance of the agreement if non-compliance or late compliance with the terms of the agreement is due to causes beyond the reasonable control of Amaran (“Force Majeure”).
  
• Force Majeure will in any event be deemed to be present in case of, but not limited to, trade restrictions, embargoes, government measures, (inter)national (trade) sanctions, war, strikes, blockades, pandemics or epidemics, accidents, fire, explosion, machine malfunctions or other business disruptions or any other events beyond Amaran’s reasonable control.
  
• Performance of the agreement shall be suspended for the duration of the Force Majeure event, notwithstanding Amaran’s right to cancel the Order in case of Force Majeure.

• All Products offered for sale through Amaran’s web shop comply with all applicable European Union product safety legislation, including Directive the General Product Safety Regulation 2023/988 and any subsequent or replacement regulations. The Products are designed and manufactured to ensure that, under normal or reasonably foreseeable conditions of use, they do not present any risk or only the minimum risks compatible with their use.
  
• The Buyer acknowledges that certain Products may require specific technical knowledge, proper installation, and compliance with the instructions and safety guidelines provided by the manufacturer. Amaran shall not be liable for risks arising from use outside the intended purpose of the Products or contrary to the provided instructions.
  
• Nothing in this clause limits or excludes the Buyer’s mandatory rights under applicable consumer protection or product safety laws.

• Agreements entered into between Amaran and the Buyer will be governed by the laws of the Netherlands.
  
• Any disputes following from and related to the purchase agreements between Parties, Orders, or any other matter to which these GTC apply, will firstly be handled by the Complaints Procedure (as set out in Clause 13). If disputes cannot be resolved by this Complaints Procedure, disputes will be submitted to the District Court of Rotterdam, the Netherlands.