Terms & Conditions

Article 1 – Definitions

In these Terms and Conditions:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: a natural person who is not acting in the course of a business or profession and who enters into a distance contract with the trader;
Day: calendar day;
Ongoing transaction: a distance contract relating to a series of products and/or services where the obligation to deliver and/or receive is spread over time;
Durable medium: any tool that allows the consumer or trader to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded using a system organized by the trader for the remote sale of products and/or services, where only one or more means of distance communication are used until the conclusion of the contract;
Means of distance communication: any tool that can be used to conclude a contract without the consumer and trader being physically present in the same space;
Terms and Conditions: these general terms and conditions of the trader.

Article 2 – Identity of the Trader

Company Name: Cognitio Corp.

Company Number: 76311031

Company Adress: Rm 409 Beverley Comm Ctr 87-105 Chatham Rd South Tsim Sha Tsui Kowloon 000, Hong Kong

Article 3 – Scope

These terms and conditions apply to all offers by the trader and all distance contracts and orders concluded between the trader and the consumer.

Before a distance contract is concluded, the consumer will be provided with the text of these terms and conditions. If that is not reasonably possible, the consumer will be informed of how to view the terms and conditions at the trader’s premises and that they will be sent free of charge upon request.

If the contract is concluded electronically, the text of these terms and conditions will be provided in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon request.

If, in addition to these terms and conditions, specific product or service terms apply, the above applies accordingly, and in case of conflicting provisions, the consumer may rely on the most favourable one.

If any provision of these terms is void or declared void, the remaining provisions remain in force. The invalid provision shall be replaced in mutual consultation with one that reflects its purpose as closely as possible.

Situations not covered by these terms must be assessed "in the spirit" of these terms and conditions.

Any uncertainties about the interpretation of one or more provisions of these terms and conditions must be interpreted "in the spirit" of the full document.

Article 4 – The Offer

If an offer is subject to a limited duration or specific conditions, this will be clearly stated.

All offers are non-binding. The trader reserves the right to change or withdraw the offer.

The offer includes a full and accurate description of the products and/or services offered, detailed enough for the consumer to assess it properly. If images are used, they are a true representation of the product or service. Obvious errors or mistakes do not bind the trader.

All images, specifications, and information in the offer are indicative and cannot be the basis for compensation or contract cancellation.

Images accompanying a product are a faithful representation, but colour variations may occur depending on display settings and lighting.

Each offer clearly outlines the rights and obligations attached to acceptance, such as:

Prices exclude customs clearance fees and import VAT, which are the responsibility and risk of the customer. Postal and courier services may apply special import procedures upon entry into the EU. These services will typically collect applicable VAT and handling fees from the recipient;
Any shipping costs;
The method of contract conclusion and steps required;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and fulfilment;
The period the offer remains valid or the time for which the trader guarantees the price;
Communication costs, if they differ from the basic rate;
Whether the contract will be archived and how the consumer can access it later;
How the consumer can review and, if necessary, amend entered information before confirming the contract;
Available languages for the contract (in addition to English);
Codes of conduct to which the trader subscribes and how to view them online;
Minimum contract duration in the case of ongoing transactions;

Optional: available sizes, colours, and materials.

Article 5 – The Agreement

The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.

If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance without delay via electronic means. As long as the trader has not confirmed this acceptance, the consumer may withdraw from the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure electronic data transmission and ensure a secure online environment. If the consumer pays electronically, the trader will take appropriate security measures.

The trader may, within legal boundaries, verify whether the consumer can meet their payment obligations, as well as assess any relevant facts that are important for responsibly concluding the distance contract. If the trader has valid grounds not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its execution.

The trader will provide the consumer, either in writing or on a durable medium, with the following information upon delivery of the product or service:

The contact address of the trader's premises where the consumer can submit complaints;
The conditions under which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
Information on warranties and after-sales service;
The information referred to in Article 4(3), unless already provided before the conclusion of the contract;
The terms for cancelling the contract if it is of a duration longer than one year or of indefinite duration.

For ongoing contracts, the above only applies to the first delivery.

Every contract is subject to the condition of the product's availability at the time of ordering.

Article 6 – Right of Withdrawal

When purchasing products, consumers have the right to withdraw from the contract within 30 days without giving any reason. This withdrawal period begins the day after the consumer, or a third party designated by them (other than the carrier), receives the product.

During this period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product — including all accessories, in original condition and packaging — according to the trader's clear and reasonable instructions.

To exercise the right of withdrawal, the consumer must notify the trader within 30 days of receiving the product, preferably by email or written notice. After this notification, the consumer must return the product within a further 30 days. The consumer must provide proof that the item was returned on time — for example, via a shipping receipt.

If the consumer fails to notify the withdrawal or return the product within the stated timeframes, the purchase is considered final.

Article 7 – Costs in the Event of Cancellation

If the consumer exercises their right of withdrawal, they are responsible for the costs of returning the products.

If the consumer has already made a payment, the trader will refund the amount as soon as possible, but no later than 30 days after the withdrawal. This is provided the returned item has been received by the trader or sufficient proof of return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for products or services as specified below, but only if this is clearly stated in the offer and before the contract is concluded.

The right of withdrawal may be excluded for products that:

Are made to the consumer’s specifications;
Are clearly of a personal nature;
Cannot be returned due to their nature;
Are perishable or have a limited shelf life;
Have fluctuating prices dependent on financial markets beyond the trader’s control;
Are newspapers or magazines;
Are audio, video, or software products if the seal has been broken;
Are hygiene products if the seal has been broken.

The right of withdrawal may also be excluded for services related to:

Accommodation, transport, catering or leisure activities scheduled for a specific date or period;
Services that began with the consumer’s explicit consent before the end of the withdrawal period;
Betting and lotteries.

Article 9 – Pricing

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except in the event of changes to VAT rates.

By way of exception, the trader may offer products or services whose prices are subject to fluctuations in the financial market beyond the trader’s control, at variable prices. This dependency on market fluctuations and the indication that prices are guide prices will be clearly stated in the offer.

Price increases within three months of the conclusion of the contract are only permitted if they are the result of statutory regulations.

Price increases after three months from the conclusion of the contract are only permitted if:

They result from legal provisions, or
The consumer has expressly agreed to them and is entitled to terminate the contract as of the date the price increase takes effect.

According to Section 5(1) of the 1968 VAT Act, the place of delivery is considered the country from which the shipment originates. In such cases, the delivery occurs outside the EU, and import VAT and customs clearance fees may be collected from the customer by postal or courier services. The trader does not charge VAT on such shipments.

All prices are subject to typographical and formatting errors. The trader accepts no liability for such errors, and is not obligated to deliver products at incorrectly listed prices.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services conform to the contract, the specifications stated in the offer, reasonable usability and/or suitability requirements, and legal requirements applicable at the time of the contract.

If agreed, the trader also guarantees that the product is suitable for uses beyond normal usage.

Any warranty provided by the trader, manufacturer, or importer does not affect the consumer’s legal rights under the contract.

Defects or wrongly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in original packaging and in new condition.

The trader’s warranty period aligns with the manufacturer’s warranty. However, the trader is not responsible for the product’s suitability for specific consumer applications or for any usage advice given.

The warranty does not apply if:

The consumer has repaired or modified the product themselves or through a third party;
The product has been exposed to improper conditions or used contrary to instructions;
The defect results from legal requirements affecting materials used, now or in future.

Article 11 – Delivery and Performance

The trader will exercise the utmost care when receiving and fulfilling product orders.

Delivery will be made to the address provided by the consumer.

In accordance with Article 4, the trader will execute accepted orders promptly and within 30 days, unless a longer period has been agreed with the consumer. If delivery is delayed or partially impossible, the consumer will be informed within 30 days of ordering and may cancel the contract free of charge. The consumer is entitled to compensation.

In case of contract cancellation as described, any amount paid will be refunded within 14 days of cancellation.

If delivery of a product proves impossible, the trader will offer a replacement product, clearly stating it is a substitute. The right of withdrawal remains applicable to replacement products. The trader bears any return costs in this case.

Risk of damage or loss transfers to the consumer only upon delivery, unless otherwise agreed.

Article 12 – Duration Contracts: Termination and Renewal

Termination by the consumer:

Contracts for indefinite periods relating to regular delivery of goods or services (including electricity) can be terminated by the consumer at any time, with due regard to a notice period of no more than one month.
Fixed-term contracts for regular delivery may be terminated at the end of the fixed term, also with no more than one month's notice.

Termination must:

Be possible at any time, not limited to specific dates or periods;
Be permitted via the same method as originally agreed upon;
Follow the same notice period as applies to the trader.

Renewal:

Fixed-term contracts for regular delivery cannot be automatically renewed.
Exceptions apply to newspaper and magazine subscriptions, which may be renewed once for a term of up to three months, provided they can be cancelled with one month’s notice.
Contracts may only be extended for indefinite periods if the consumer can cancel at any time with no more than one month’s notice (or three months for infrequent deliveries).

Trial subscriptions for newspapers or magazines automatically end after the trial period.

Long-term contracts exceeding one year may be terminated by the consumer after one year, with no more than one month's notice, unless early cancellation would be unreasonable.

Article 13 – Payment

Unless otherwise agreed, payments must be made by the consumer within 7 working days after the start of the withdrawal period as outlined in Article 6(1). In the case of service contracts, this period starts once the consumer receives the contract confirmation.

The consumer is responsible for immediately reporting any inaccuracies in payment information provided to the trader.

If the consumer fails to pay, and after proper notice, the trader is entitled to charge the consumer for any reasonable, disclosed collection costs, subject to legal limits.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the trader in full and clearly described within 7 days of discovering the issue.

The trader will respond to complaints within 30 days of receipt. If a complaint requires longer handling, the trader will send an acknowledgement within 30 days indicating when a full reply can be expected.

If a complaint cannot be resolved amicably, it becomes a dispute subject to dispute resolution procedures.

Filing a complaint does not suspend the consumer’s payment obligation, unless the trader confirms otherwise in writing.

If the trader considers a complaint to be valid, they will repair or replace the product at no charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these Terms and Conditions apply are governed exclusively by Irish Law, even if the consumer resides outside the Netherlands.