Article 1 – Definitions

The following definitions apply in these General Terms and Conditions:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Fixed-term transaction: a distance contract relating to a series of products and/or services for which the delivery and/or purchase obligation extends over time.

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: an agreement concluded within the framework of an organised system operated by the entrepreneur for the distance sale of products and/or services, whereby one or more means of distance communication are used exclusively up to and including the conclusion of the agreement.

Means of distance communication: a method that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same place at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company: Real Media Monarchs Limited

Address: STANLEY STREET, FLAT5, OFFICE 4/F, WH Building, 74-78, CENTRAL HK

Email: info@oliveramartin.com

Company registration number: 80322634

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded it will be indicated that the General Terms and Conditions can be inspected at the entrepreneur’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.

If, contrary to the previous paragraph, the distance contract is concluded electronically, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded it will be indicated where the General Terms and Conditions can be consulted electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.

If specific product or service conditions apply in addition to these General Terms and Conditions, the provisions of paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting General Terms and Conditions, the consumer may always rely on the provision that is most favourable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. The provision in question shall immediately be replaced, following mutual consultation, by a provision that approximates the meaning and purpose of the original provision as closely as possible.

Situations not covered by these General Terms and Conditions must be assessed in accordance with the spirit of these General Terms and Conditions.

Any uncertainty regarding the interpretation or content of one or more provisions of these General Terms and Conditions shall be interpreted in accordance with the spirit of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to amend and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications and information contained in the offer are indicative and cannot constitute grounds for compensation or termination of the agreement.

Images accompanying the products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed exactly match the actual colours of the products.

Each offer contains the information necessary for the consumer to clearly understand the rights and obligations associated with accepting the offer. This applies in particular to:

• the price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s own expense and risk. The postal and/or courier service applies the special arrangements for postal and courier services upon import. This arrangement applies when the goods are imported into the EU country of destination, as is the case here. The postal or courier service collects VAT, together with any customs clearance charges, from the recipient of the goods;

• any shipping costs;

• the manner in which the agreement is concluded and the actions required to do so;

• whether or not the right of withdrawal applies;

• the method of payment, delivery and performance of the agreement;

• the period during which the offer may be accepted, or the period during which the entrepreneur guarantees the price;

• the level of the distance communication rate if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used;

• whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;

• the manner in which the consumer can check and, if necessary, correct the information provided under the agreement before the agreement is concluded;

• any other languages in which the agreement may be concluded;

• the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes electronically; and

• the minimum duration of the distance contract in the case of a fixed-term agreement.

Optional: available sizes, colours and types of material.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may terminate the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

Within the limits permitted by law, the entrepreneur may investigate whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has reasonable grounds not to enter into the agreement, the entrepreneur is entitled to refuse an order or request or to attach special conditions to its execution, stating the reasons.

The entrepreneur shall provide the consumer with the following information together with the product or service, in writing or in a manner that allows the consumer to store it accessibly on a durable medium:

• the address of the entrepreneur’s establishment where the consumer may submit complaints;

• the conditions under which and the manner in which the consumer may exercise the right of withdrawal or, where applicable, clear information regarding exemption from the right of withdrawal;

• information regarding guarantees and existing customer service.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, the product shall be returned to the entrepreneur with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must provide this notification in writing/by email. Once the consumer has indicated that they wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must be able to demonstrate that the delivered goods were returned on time, for example by providing proof of shipment.

If, after the periods referred to above have expired, the consumer has not indicated that they wish to exercise the right of withdrawal or has not returned the product to the entrepreneur, the purchase becomes final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the product shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been returned to the entrepreneur or that sufficient proof of the complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for the products described below. Exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least sufficiently in advance of concluding the agreement.

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

• that have been created by the entrepreneur in accordance with the consumer’s specifications;

• that are clearly personal in nature;

• that cannot be returned due to their nature;

• that deteriorate or age rapidly;

• whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;

• individual newspapers and magazines;

• audio and video recordings and computer software where the consumer has broken the seal;

• hygiene products where the consumer has broken the seal.

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

• relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;

• whose performance has begun with the consumer’s express consent before the withdrawal period has expired;

• relating to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices where those prices are subject to fluctuations in the financial market beyond the entrepreneur’s control. This link to fluctuations and the fact that the prices stated are target prices will be stated in the offer.

Price increases within three months after the agreement has been concluded are only permitted if they result from legal regulations or provisions.

Price increases from three months after the agreement has been concluded are only permitted if the entrepreneur has stipulated this and:

• they result from statutory regulations or provisions; or

• the consumer is entitled to terminate the agreement on the date the price increase takes effect.

The place of delivery within the meaning of Article 5(1) of the Dutch Value Added Tax Act 1968 is the country in which transportation begins. In this case, delivery takes place outside the EU. The postal or courier service therefore collects import VAT or handling charges from the customer. Consequently, the entrepreneur does not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing or typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than its normal intended use.

A warranty offered by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

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

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur shall never be responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

• the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging;

• the defect is wholly or partly the result of regulations issued or to be issued by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving and fulfilling orders for products.

The place of delivery shall be the address communicated by the consumer to the company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the company shall execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed no later than 30 days after placing the order. In such cases, the consumer shall be entitled to terminate the agreement without charge and may be entitled to compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. No later than at the time of delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of returning a replacement item shall be borne by the entrepreneur.

The risk of damage to and/or loss of products shall remain with the entrepreneur until the moment of delivery.

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

Termination

The consumer may terminate an open-ended agreement concluded for the regular supply of products, including electricity, or services at any time, subject to the applicable termination rules and a notice period not exceeding one month.

The consumer may terminate a fixed-term agreement concluded for the regular supply of products, including electricity, or services at any time at the end of the agreed term, subject to the applicable termination rules and a notice period not exceeding one month.

The consumer may terminate the agreements referred to above:

• at any time and shall not be restricted to termination at a specific time or during a specific period;

• at least in the same manner in which the agreement was concluded;

• always with the same notice period as the entrepreneur has stipulated for itself.

Renewal

A fixed-term agreement concluded for the regular supply of products, including electricity, or services may not be tacitly extended or renewed for a fixed period.

Contrary to the previous paragraph, a fixed-term agreement concluded for the regular supply of daily newspapers, news publications and weekly magazines may be tacitly renewed for a fixed period not exceeding three months, provided that the consumer can terminate the renewed agreement towards the end of the renewal period with a notice period not exceeding one month.

A fixed-term agreement concluded for the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate the agreement at any time with a notice period not exceeding one month. The notice period may not exceed three months if the agreement concerns the regular supply, but less frequently than once a month, of daily newspapers, news publications and weekly magazines.

A fixed-term agreement for the regular supply of daily newspapers, news publications and weekly magazines as part of an introductory subscription or trial subscription shall not continue tacitly and shall automatically terminate at the end of the trial or introductory period.

Duration

For agreements with a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of services, this period begins once the consumer has received confirmation of the agreement.

The consumer has a duty to immediately inform the entrepreneur of any inaccuracies in the payment details provided or stated.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs that have been communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints concerning the performance of the agreement must be submitted to the entrepreneur within seven days after the consumer has discovered the defects. Complaints must be described fully and clearly.

Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing period, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the applicable dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

If the entrepreneur considers a complaint to be justified, the entrepreneur shall, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply shall be governed exclusively by the laws of Hong Kong, even if the consumer resides abroad.