General Terms and Conditions

Definitions

  1. Offer: an offer by Horwin Inc for the purchase of a product, including a purchase price, payment obligations, additional costs, an indication/expected delivery time, and in which the applicability of these general terms and conditions is included;
  2. Horwin Inc: the company that sells electric vehicles,electric scooters and accessories under the Horwin trade name, registered under the Changzhou Market Management Bureau Chamber of Commerce under number 91320412MA1MH51X1Y;
  3. Cooling-off period: the 14-day period after receipt during which the Customer can exercise his/her right of withdrawal;
  4. Warranty Conditions: conditions related to the warranty, which are applicable to Horwin products and all agreements between Horiwn and the Customer and which are available on the Website;
  5. Right of Withdrawal (in Dutch herroepingsrecht): the possibility of the Customer to withdraw from the Distance Agreement within the Cooling-off period;
  6. Customer: the natural person, not acting in the exercise of a profession or as a business, with whom Horwin Inc enters into an agreement;
  7. Standard form for withdrawal: the European standard form for withdrawal, included in Annex 1 of these general terms and conditions;
  8. Distance Agreement (in Dutch koop op afstand): Any agreement concluded between Horwin Inc and the Customer in the framework of an organised system for selling products, digital content and/or services, whereby one or more distance communication techniques are used exclusively, including to enter into the agreement;
  9. Website: www.horwinglobal.com

Applicability

  1. These general terms and conditions apply to each offer and agreement between Horwin Inc and the Customer, onto which Horwin Inc has declared these conditions to be applicable.
  2. Applicability of any general terms and conditions applied by Customer is explicitly dismissed by Horwin Inc.
  3. Before the Distance Agreement is concluded, the content of these general terms and conditions is made available to the Customer. If this is not reasonably possible, Horwin Inc shall, before the Distance Agreement is concluded, indicate the way in which the general terms and conditions can be consulted, and that they will be sent to the Customer at his/her request, free of charge.
  4. If the Distance Agreement is concluded electronically, prior to the Distance Agreement being concluded, the text of these general terms and conditions shall be made available electronically to the Customer, in such a way that the Customer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the Distance Agreement being concluded, it will be indicated where the general terms and conditions may be consulted electronically. These terms and conditions will be provided to the Customer at his/her request, electronically or otherwise, free of charge.
  5. If a situation that is not stipulated in these general terms and conditions occurs between the parties, then this situation must be judged in the spirit of these general terms and conditions.
  6. If Horwin Inc does not always requires strict compliance of these terms and conditions, it does not mean that the provisions thereof are not applicable, or that the Customer in any degree would lose the right to require strict compliance of these terms and conditions in other cases.
  7. In the event that specific product or service conditions are also applicable besides these general terms and conditions, the provisions in the second and third paragraph of this article shall apply.
  8. The contact information relevant to the Customer that relate to the identity of Horwin Inc for Sales and Services purchased on our Website.
Building 1,No.5 Chuangzhi Road,Tianning District,Changzhou,Jiangsu,China
Contact: 400-778-6688

Quotations and Offer

1. All offers by Horwin Inc are without obligation, unless a period of acceptance is established. An Offer expires if a product to which the offer relates has become unavailable in the meantime.

2. Horwin Inc cannot be held to its offers if the Customer can reasonably understand that the offers, or a part thereof, contain an apparent error or typographical error.

3. Each Offer includes the necessary information clearly showing the Customer’s rights and obligations attached to the acceptance of the Offer. This concerns in particular the price, including taxes, the possible delivery fees, the way the agreement will be concluded and which actions are required thereto, whether or not the right of withdrawal is applicable, the payment method, delivery and execution of this agreement, the period of acceptance of the offer, or the period within which Horwin Inc guarantees the price, the amount of the rate for distance communication if the costs of using distance communication techniques are calculated on a different basis than the regular base rate for the used method of communication, whether the agreement is archived after it is concluded, and if so, which way it can be consulted by the Customer and the way in which the Customer, prior to concluding the agreement, can check the information he/she provided and, if required, can amend it.

4. The prices in the Offer include VAT and other government taxes, as well as possible costs to be made in the framework of the agreement, including administrative costs, unless otherwise indicated. Transportation and assembly costs are mentioned separately and are explicitly not included in the prices listed on the offers.

5. If the acceptance (whether based on minor items or not) deviates from the quotation included in the Offer, Horwin Inc shall not be bound to it. The agreement will then not be concluded in accordance with said deviating acceptance, unless Horwin Inc indicates otherwise.

6. All statements by Horwin Inc regarding numbers, measurements, weights, colours and/or other indications are formulated carefully. However, Horwin Inc cannot guarantee that deviations will not occur in this respect. Errors, such as pricing errors on the www.horwinglobal.com website, in advertisements, offers, quotations, publications, order confirmations, invoices and other documents from Horwin Inc, do not bind Horwin Inc.

7. Quotations and offers, including brochures and the Website, are without obligation and only serve as an invitation to place an order.

The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time the Customer accepts the Offer and complies with the conditions of the Offer set by Horwin Inc.

2. If the Customer has accepted the offer electronically, Horwin Inc shall immediately and electronically confirm receipt of the acceptance of the Offer. As long as the receipt of said acceptance has not been confirmed by Horwin Inc, the Customer can rescind the agreement.

3. If the agreement is concluded electronically, Horwin Inc will take appropriate technical and organisational measures to securely transfer data electronically and to ensure a secure web environment. If the Customer can pay electronically, Horwin Inc shall observe the appropriate security measures.

4. Horwin Inc may, within the framework of the law, gather information related to the Customer’s ability to fulfil his/her payment obligations, and all facts and factors relevant to responsibly concluding the Distance Agreement. If, acting on the results of this investigation, Horwin Inc has sound reason not to conclude the agreement, Horwin Inc is lawfully entitled to refuse an order or request, or to attach special terms to the implementation.

The price

1. The prices of the offered products and/or services shall not increase during the period of validity indicated in the Offer, except for price changes resulting from changes in VAT rates.

2. Contrary to the provisions stated in the previous paragraph, Horwin Inc may offer products or services whose prices are subject to the fluctuations in the financial market that are beyond Horwin Inc’s control, at variable prices. The Offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

3. Price increases after the conclusion of the agreement are only permitted if the Customer has the option to terminate the agreement effective on the day the price increase takes effect.

Delivery, execution and amendment of the agreement; price increase

1. The place of delivery is the address the Customer has given to Horwin Inc.

2. Horwin Inc shall deliver the accepted orders on a specified date and shall keep the Customer informed about the delivery period and the actual moment of delivery. If the delivery is seriously or unreasonably delayed after Horwin Inc has informed the Customer about the moment of delivery, or if it seems that an order cannot be filled or can only be filled partially, the Customer shall be informed about this no later than 30 days after placing the order. In that case, the Customer has the right to terminate the agreement.

3. In case of termination in accordance with the preceding paragraph, Horwin Inc shall (if applicable) return the amount paid by the customer as soon as possible, but not later than 14 days after termination of the agreement.

4. If delivery of an ordered product proves to be impossible, Horwin Inc will make every effort to provide a replacement item. At the latest at time of delivery and in a clear and comprehensible manner, the Customer will be informed that a replacement item will be delivered. In case of replacement items, the right of withdrawal is not excluded. Costs of possible return shipments shall be borne by Horwin Inc.

5. The day and time of delivery depend on the delivery schedule of the carrier. It is not possible to change a set appointment. In principle, items are not delivered on Saturday or Sunday, during evening hours or on public holidays.

6. Delivery takes place at the Customer’s door. The carrier’s employee is not permitted to enter the Customer’s residence, shed or other immovable property belonging to the residence.

7. The risk of damage and/or loss of products rests with Horwin Inc until the moment of delivery to the Customer or a pre-designated representative made known to Horwin Inc, unless expressly agreed otherwise.

8. Horwin Inc has the right to have certain activities - such as for example, but not limited to - the execution of warranty work, transport and assembly of items, carried out by a third party.

9. If, during the execution of the agreement, it appears that for a proper execution of the agreement it is necessary to modify or supplement it, then the parties will proceed to amend the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement is amended, whether at the request of or indication by the Customer, competent authorities etc., and the agreement is therefore changed qualitatively and/or quantitatively, it could have consequences for what was originally agreed upon. As a result, the originally agreed amount may be increased or decreased. Horwin Inc shall provide a price quotation for this as far in advance as possible. An amendment of the agreement may result in the amendment of the specified term of execution. The Customer accepts the possibility of an amendment to the agreement, including the change in price and period of execution. 

Payment

1. Unless otherwise provided in the agreement or additional terms and conditions, the outstanding amounts must be settled by the Customer within 14 days of concluding the agreement.

2. It is the Customer’s duty to immediately inform Horwin Inc of inaccuracies in the supplied or specified payment information.

3. If the Customer does not fulfil his/her payment obligation(s) in a timely manner, after being notified by Horwin Inc that the payment is late and after the Customer is given a 14-day period to fulfil his/her payment obligation, following the failure to pay the amount due within this 14-day period, the Customer must pay the statutory interest on the amount due and Horwin Inc is entitled to charge the Customer with any extra-judicial collection costs. These collection costs amount to no more than: 15% for outstanding amounts up to EUR 250; 10% for the following EUR 2,500; and 5% for the following EUR 5,000, with a minimum of EUR 40. Horwin Inc may deviate from the indicated amounts and percentages to the benefit of the Customer.

Liability

1. In the event that Horwin Inc involves third parties, Horwin Inc shall not accept any liability whatsoever for failure to perform on the part of such third party except to the extent for failure to perform on the part of Horwin Inc itself. If the Client brings legal action directly against a third party, the Client shall indemnifyy Horwin Inc against any claims by such third party in connection with such claim as well as against all expenses to be incurred by Horwin Inc.

2. All rights of legal action and other powers of the Client towards Horwin Inc in connection with the Products delivered by Horwin Inc shall lapse upon expiry of a 5 year term after the date on which the Client has become aware of - or could in all fairness have been aware of - the existence of such rights and powers.

Right of Withdrawal

1. The Customer has the possibility to terminate the Distance Agreement related to the purchase of a product during a 14-day cooling-off period, without stating reasons. Horwin Inc may ask the Customer about the reason for withdrawal but cannot force the Customer to state his/her reason(s). The cooling-off period starts on the day after the Customer, or a third party designated by the Customer in advance, and who is not the carrier, has received the product.

2. The risk and the burden of proof for the proper and timely exercise of the right of withdrawal lies with the Customer.

Customer obligations during the cooling-off period

1. During the cooling-off period as stated in article 9.1, the Customer shall handle the product and packaging with care. The Customer shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The guiding principle is that the Customer may only handle and inspect the product as he/she would be allowed to handle or inspect the product in a shop.

2. The Customer is only liable for the decrease in value of the product that is caused by the way of handling the product which goes beyond what is allowed in paragraph 1.

Exercising the Customer’s right of withdrawal and associated costs

1. If the Customer exercises his/her right of withdrawal, he/she shall notify Horwin Inc within the cooling-off period, by means of a standard form for withdrawal (attached as Annex 1) or in another unequivocal manner.

2. As soon as possible, but no later than within 14 days from the day following the notification referred to in paragraph 1, the Customer shall send - in accordance with the reasonable and clear instructions by Horwin Inc - the product and all delivered accessories - if reasonably possible - in their original condition and packaging back to Horwin Inc , or hand it over to the Horwin Inc dealer where the delivery of the product took place.

3. If the Customer exercises his/her right of withdrawal, he/she shall only bear the costs of returning the product.

4. If the Customer has paid an amount to Horwin Inc, Horwin Inc shall reimburse this amount as soon as possible, but no later than 14 days after receiving the cancellation notice.

Exclusion of the right of withdrawal

The right to cancel does not apply to the following kind of contracts:

1. Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.

2. Contracts for the supply of goods which are liable to deteriorate or expire rapidly.

3. Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

4. Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items. 

Right of withdrawal

  1. After receiving the returned products, Horwin Inc will assess the condition of the products.
  2. Horwin Inc will pay back the amount of the products at the latest within 14 days from the day of receiving the cancellation notice.
  3. Please send products back in the original package.

The Customer has the possibility to terminate the Distance Agreement related to the purchase of a product during a 14-day cooling-off period, without stating reasons. Horwin Inc may ask the Customer about the reason for withdrawal but cannot force the Customer to state his/her reason(s). The cooling-off period starts on the day after the Customer, or a third party designated by the Customer in advance, and who is not the carrier, has received the product. To exercise the right to cancel, you must inform us: after sales, by email at horwin@horwin.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

1. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least ex-pensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than

2. 14 days after the day we receive back from you any goods supplied, or

3. (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

4. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

5. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Conformity and warranty

1. Horwin Inc guarantees that the products comply with the agreement, the specifications listed in the offer, the reasonable requirements of soundness and/or usability and the legal provision and/or government regulations in place on the date of conclusion of the agreement.

2. The Warranty Terms and Conditions listed on the Website apply to the products and agreements, including the Distance Agreement.

3. The warranty period begins on the moment of delivery to the Customer.

4. Warranty claims must be submitted with Horwin Inc - with the product being submitted for inspection. The original sales receipt and the original warranty certificate provided with the product must be submitted simultaneously to Horwin Inc.

Intellectual property

1. Horwin Inc reserves the rights and authorities to which it is entitled under the Copyright Act and other intellectual laws and regulations. Horwin Inc has the right to use the increased knowledge acquired through the execution of an agreement for other purposes as well, provided that strictly confidential information of the Customer is not shared with third parties.

Data and files, privacy

1. These general terms and conditions apply to the website(s) operated by Horwin Inc and to all products and services offered and delivered by Horwin Inc to Customers via internet.

2. Horwin Inc treats the Customer’s data with confidentiality. Data is not made available to third parties, unless Horwin Inc is legally obliged to do so, or if it is required for delivery of the product or the service. To the extent that the information provided by the Customer is considered personal data, Horwin Inc observes all relevant privacy laws and regulations while processing this information. The privacy statement on Horwin Inc ’s website explains which personal data Horwin Inc uses for which purposes, and how privacy laws and regulations are dealt with.

Applicable law and disputes

1. All legal relationships in which Horwin Inc is a party are governed solely by Dutch law, even if the agreement is executed entirely or partially abroad or if the party involved in the legal relationship resides abroad. The applicability of the Vienna Sales Convention is excluded. Parties will only go before the courts after they have done their utmost to resolve the dispute in mutual consultation. In the event, the dispute is not resolved and a court procedure is commenced, the dispute shall be brought exclusively before the competent court in Amsterdam.

Miscellaneous

1. If any term or provision of the Agreement, including in these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

2. Unless otherwise provided herein, these Terms may be amended on the part of Horwin Inc by notification to Customer. Except as otherwise provided herein or therein, the amended Terms shall apply to all new Agreements as of the day of notification as well as to all current Agreements if and insofar as these are to be carried out after the day of notification. With respect to any websites referred to in these Terms we may revise and update such sites from time to time in our sole discretion. Unless otherwise provided in such websites, all changes are effective immediately when we post them, and apply to all access to and use of the applicable website thereafter. Unless otherwise provided in the website, Customer’s continued use of the website following the posting of revised terms means that Customer accept and agree to the changes. Customer are expected to check applicable websites from time to time so Customer are aware of any changes, as they are binding on Customer.

3. If and insofar as any provision of these Terms cannot be invoked due to any imperative rule of law, the unfair character of these Terms or grounds of reasonableness and fairness, the provision concerned, as far as contents and essence are concerned, shall in all events have a corresponding meaning to such an extent that the provision concerned may indeed be rightfully invoked.

4. Horwin Inc is allowed to transfer to third parties the rights and obligations described in any Agreement with Customer. If obligations of Horwin Inc are transferred, Horwin Inc must inform Customer aforehand and Customer shall be entitled to terminate the Agreement by the date on which the transfer shall take place. In such case, Horwin Inc shall not be liable for any damages. Except as provided in the Agreement and these Terms, the Customer cannot transfer to third parties any rights or obligations from any Agreement unless after consent thereto by Horwin Inc. Any attempted assignment in violation of this Section shall be null and void. The Agreement shall be binding on any permitted successor or permitted assignee.

5. If Horwin Inc is unable to fulfil any of its obligations towards Client due to force majeure, these obligations shall be suspended during the force majeure situation.

6. Provided however, if a force majeure situation has lasted for one (1) calendar month, both parties have the right to dissolve the Agreement in writing entirely or in part. In the event of force majeure of Horwin Inc, Client is not entitled to any compensation or damages, not even if Horwin Inc would enjoy any benefit as a result of such force majeure.

7. Force majeure on the part of Horwin Inc is to be understood as a case of overmacht as mentioned in article 6:75 Dutch Civil Code, and furthermore any circumstance beyond the control of Horwin Inc hindering the fulfilment of its obligations towards Customer entirely or in part or because of which Horwin Inc cannot be expected in all fairness to fulfil its obligations, regardless whether such circumstance could have been foreseen at the time when the Agreement was concluded. Such circumstances include but are not limited to war, fires, acts of terrorism, strikes and lockouts, the outbreak and/or spread of viruses and/or diseases, stagnation or other production problems suffered by Horwin Inc or its suppliers, or problems in the transportation provided by Horwin Inc or any third parties, any government measures, as well as the inability to obtain any permit or licence from any governmental body.

8. Parties shall notify each other as soon as possible of any (possible) force majeure situation.

Location and amendments to the terms and conditions

1. These terms and conditions can be found on and downloaded from the website www.horwinglobal.com. The Customer has declared to have read these terms and conditions and has confirmed to agree to these terms and conditions, before the agreement can be concluded. These General Terms and Conditions by Horwin Inc. The most recent version of the terms and conditions shall always apply, as listed on the www.horwinglobal.com website.