General and additional terms and conditions:
This documentation has been compiled by P.T. Emas Cemerlang Bersama, to inform you the consumer / participant about the motivation of the entrepreneur and to guarantee transparency regarding the sale of products, digital content and / or services.
The development of the collaborative robot (Cobot) has 2 parts. The first part contains the design of the cobot and development of the operating system and production software platform. The second part is data collection from existing fashion production operations. The distribution of the funds that are made available can be considered as follows; part 1 will use 25% of the funds, part 2 will receive the remaining 75%.
The reason why at this stage of development 75% of the funds made available are allocated to part 2 of the development, the collection of data during production, is due to the fact that only data can be collected during real production operations. Unfortunately, this data is not available during computer simulation. It is also not possible to collect this data during production for external clients. It is legally irresponsible for us to undertake this data collection during production for third parties. International legislation allows external clients to make a legal claim to the use of the data since they own the production designs.
That is why we are forced to take production “for our own account”. As compensation for your involvement in this Innovation Investment Project, we offer the clothing that will be produced by us at commercial market prices. The clothing only benefits participants of the Innovation-Investment project, for the maximum value of the participation fee. Every participant can freely choose from the offer, which will be displayed on our website. Every participant will receive his or her own customer number and with each order an account overview will follow with the available balance for subsequent orders, or a final settlement.
Amounts mentioned with the offered items are commercial selling prices. We do this to give each participant insight and clarity about the amount for which he / she can select and receive clothing. So that every participant gets what he / she is entitled to, up to the maximum amount of participation.
The composition of the commercial sales price contains the following components:
- The total production costs per item such as – costs of material, indirect costs per item such as electricity, salary and maintenance of material and machines;
- Shipping costs per item;
- VAT – we are obliged to charge you these costs, although it is not a direct sale, it is a financial transaction with the result of obtaining a fashion item. The VAT is calculated and paid in the country of delivery;
- 25% donation for the development of the collaborative robot.
We want to emphasize that no other form of profit is achieved in the production chain than the 25% that will be invested in the development of the collaborative robot. Every year an annual report and financial statements will be prepared and published. A very moderate wage policy shall be established, for the duration of the entire project, for the directors and managers of the company. Only the production employees and specialists receive fully competitive salaries. The production staff will even receive an extra bonus on top of the standard salary. Since they are an important link in the collection of the required data. The standard minimum wage for a production employee is set by the government at ± €110,00 per month, employees who help with collecting the data will earn a maximum of €250,00 per month + all social security costs such as health insurance and social plan (comparable with pension plan). During the development of the first phase prototype, subject specialists will receive a maximum gross salary of €3.225,00 including all taxes and social security contributions. The management and management are not obliged to pay themselves more than €1.450,00, this includes all taxes and social contributions. The management will not receive any expenses-allowance.
After the end of each calendar year, at the latest by the end of the first quarter of the following year, the management will be accountable for their policy, by publishing an annual report and financial statements. First, the full report, both; annual report and financial statement bundled, are offered to all participants. A summary will be immediately available on the website, after which the participants will have a month to submit any questions and comments on the report. As soon as there are no more objections from the participants, the full report will become available via the website.
General terms and conditions for delivery of products, digital content and / or services:
These general terms and conditions were drawn up during the composition of the Innovation Investment Project. The general terms and conditions apply to the entire project, 1. design and development of the collaborative robot (Cobot), 2. collection of data from production actions during the production process of fashion items. These general terms and conditions also relate to the delivery of the production goods to the participants in this project but are not limited to this goal alone.
- Article 1 – Definitions
- Article 2 – Identity of the entrepreneur
- Article 3 – Applicability
- Article 4 – The offer
- Article 5 – The agreement
- Article 6 – Right of withdrawal
- Article 7 – Obligation of the participant during the cooling-off period
- Article 8 – Exercise of the right of withdrawal by the participant and the costs thereof
- Article 9 – Obligation of the entrepreneur in case of withdrawal
- Article 10 – Exclusion of the right of withdrawal
- Article 11 – The price
- Article 12 – Compliance and extra guarantee
- Article 13 – Delivery and implementation
- Article 14 – Duration of transactions: duration, cancellation and extension
- Article 15 – Payment
- Article 16 – Complaints procedure
- Article 17 – Disputes
- Article 18 – Additional or different provisions
Article 1 – Definitions
The following definitions apply in these terms and conditions:
1. Consumer/participant: the natural person who does not act for purposes related to his trade, business, craft or professional activities, /participant in the innovation investment project;
2. Day: calendar day;
3. Digital content: data that is produced and delivered in digital form;
4. Distance agreement: an agreement concluded between the entrepreneur and the consumer / participant within the framework of an organized system for the distance sale of products, digital content and / or services, up to and including concluding the agreement exclusive or co-use is made of one or more techniques for distance communication;
5. Duration agreement: an agreement that extends to the regular delivery of goods, digital content and / or services during a certain period;
6. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services at a distance, in this P.T. Emas Cemerlang Bersama;
7. Participation agreement: an agreement whereby the participant participates in 1 or more of the participation programs 2 to 4, whereby the participant offers the entrepreneur the opportunity to start the innovation investment program and in exchange for participation in one of the programs the participant get opportunity, in time, to obtain fashion items for the full participation amount;
8. Right of withdrawal: the ability of the consumer to cancel the distance agreement within the cooling-off period;
9. Supplementary (purchase) agreement: an agreement whereby the consumer/participant acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between those third parties and the entrepreneur;
10. Sustainable data carrier: any tool – including e-mail – that enables the consumer/participant or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is coordinated on the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
11. Technology for distance communication: means that can be used for concluding an agreement, without the consumer/participant and entrepreneur having to come together in the same room at the same time;
12. Withdrawal period: the period within which the consumer/participant can make use of his/her right of withdrawal;
13. Year: calendar year that starts on January 1 and ends on December 31 of the same year.
Article 2 – Identity of the entrepreneur
Name of entrepreneur:
P.T. Emas Cemerlang Bersama
Postal address, also for returns:
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer/participant;
2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed by the entrepreneur and will be sent as soon as possible at the request of the consumer/participant;
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer/participant electronically in such a way that it can be easily stored by the consumer on a durable data carrier. (Pdf-file) If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be read electronically and that at the request of the consumer/participant electronically or by other means. will be forwarded in a manner;
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and in the event of conflicting conditions the consumer/participant can always invoke the applicable provision that applies to is most favorable to him/her if this does not affect the objective of the product.
Article 4 – The offer
1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer;
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer/participant. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur;
3. Each offer contains such information that it is clear to the consumer/participant what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer/participant accepts the offer and meets the corresponding conditions;
2. If the consumer/participant has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer/participant can terminate the agreement;
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer/participant can pay electronically, the entrepreneur will take appropriate security measures for this;
4. The entrepreneur can – within the law – inform himself if the consumer/participant can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation;
5. The entrepreneur will send the following information to the consumer at the latest on delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer/participant in an accessible manner on a durable medium:
a) the visiting address of the establishment of the entrepreneur where the consumer/participant can lodge complaints;
b) the conditions under which and the manner in which the consumer/participantcan make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c) the information about guarantees and existing after-sales service;
d) the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;
e) the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f) if the consumer/participant has a right of withdrawal, the model form for withdrawal.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
1. The consumer/participant can dissolve an agreement regarding the delivery of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer/participant about the reason for withdrawal, but not oblige this to state his reason (s);
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer/participant, or a third party designated by the consumer/participant who is not the carrier, has received the product, or:
a) if the consumer/participant has ordered several products in the same order: the day on which the consumer/participant, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer/participant about this prior to the ordering process, refuse an order for several products with different delivery times;
b) if the delivery of a product consists of several shipments or parts: the day on which the consumer/participant, or a third party designated by him, has received the last shipment or part;
c) for agreements for regular delivery of products during a certain period: the day on which the consumer/participant, or a third party designated by him, has received the first product.
For the delivery of services and digital content that is not supplied on a tangible medium:
3. The consumer/participant can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer/participant about the reason for withdrawal, but not oblige this to state his reason (s);
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Article 7 – Obligations of the consumer/participant during the cooling-off period
1. During the cooling-off period, the consumer/participant will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer/participant may only handle and inspect the product as he would be allowed to do in a store;
2. The consumer/participant is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1;
3. The consumer/participant is not liable for value reduction of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer/participant and costs thereof
1. If the consumer/participant makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model form for withdrawal or in another unambiguous manner;
2. As soon as possible, but within the period stated in Article 6, from the day following the notification referred to in paragraph 1, the consumer/participant sends the product back or hands it to (an agent of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer/participant has in any case observed the return period if he returns the product before the cooling-off period has expired;
3. The consumer/participant returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur;
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer/participant;
5. The consumer/participant bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer/participant must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer/participant does not have to bear the costs for return;
6. The consumer/participant does not bear any costs for the full or partial delivery of digital content not supplied on a material carrier, if:
a) prior to its delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period;
b) he has not acknowledged losing his right of withdrawal when giving his consent; or
c) the entrepreneur has failed to confirm this statement from the consumer/participant.
7. If the consumer/participant makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes the withdrawal by the consumer/participant possible electronically, he will immediately send a confirmation of receipt after receiving this notification;
2. The entrepreneur reimburses all payments from the consumer/participant, excluding any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer/participant notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer/participant demonstrates that he has sent back the product, whichever is the earlier;
3. The entrepreneur uses the same payment method that the consumer/participant used for reimbursement, unless the consumer/participant agrees to a different method. The reimbursement is free of charge for the consumer/participant.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Service contracts, after full performance of the service, but only if:
a) the implementation has begun with the express prior consent of the consumer/participant; and
b) the consumer/participant has stated that he loses his right of withdrawal once the entrepreneur has fully executed the agreement.
3. Products manufactured according to specifications of the consumer/participant, which are not prefabricated, and which are manufactured on the basis of an individual choice or decision of the consumer/participant, or which are clearly intended for a specific person;
4. The delivery of digital content other than on a material medium, but only if:
a) the implementation has begun with the express prior consent of the consumer/participant; and
b) the consumer / participant has stated that he thereby loses his right of withdrawal.
Article 11 – The price
1. During the validity period stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates;
2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer;
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions;
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a) they are the result of statutory regulations or provisions; or
b) the consumer/participant has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the range of products or services include VAT.
Article 12 – Compliance with agreement and extra guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use;
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer/participant can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement;
3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer/participant certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his obligations as part of the agreement.
Article 13 – Delivery and implementation
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services;
2. The place of delivery is the address that the consumer/participant has made known to the entrepreneur;
3. Taking into account what is stated about this in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer/participant will be notified of this no later than 30 days after he has placed the order. In that case, the consumer/participant has the right to terminate the agreement without costs and is entitled to any compensation;
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer/participant has paid;
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer/participant or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 14 – Duration transactions: duration, cancellation and extension
1. The consumer/participant can at all times cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services with due observance of the agreed termination rules and a notice period of at most one month;
2. The consumer/participant can at all times cancel a contract that has been entered into for a definite period and that extends to the regular delivery of products or services with due observance of the agreed termination rules and a cancellation period of at most one month;
3. The consumer/participant can the agreements mentioned in the previous paragraphs:
a) cancel at any time and are not limited to cancellation at a specific time or in a specific period;
b) cancel at least in the same way as they are entered into by him;
c) always cancel with the same cancellation period as the entrepreneur has stipulated for himself.
4. An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a specific duration;
5. An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer/participant can cancel at any time with a notice period of one month at most.
Article 15 – Payment
1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer/participant must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion. of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer/participant has received the confirmation of the agreement;
2. When selling products to consumers, the consumer/participant may never be obliged in general terms and conditions to pay more than 50% in advance. When an advance payment is stipulated, the consumer/participant cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made;
3. The consumer/participant is obliged to immediately report inaccuracies in payment data provided or stated to the entrepreneur;
4. If the consumer/participant does not meet his payment obligation(s) in time, is the consumer/participant, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer/participant a period of 14 days to still meet his payment obligation, after the payment has not been made within this 14-day period, the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2.500,00; 10% over the following €2.500,00 and 5% over the following €5.000.00 with a minimum of €40,00. The entrepreneur can, for the benefit of the consumer/participant, deviate from the stated amounts and percentages.
Article 16 – Complaints
1. The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure;
2. Complaints about the implementation of the agreement must be submitted promptly, fully and clearly described to the entrepreneur, after the consumer/participant has found the defects;
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer/participant can expect a more detailed answer;
4. The consumer/participant must at least give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute will arise that is subject to the dispute settlement procedure.
Article 17 – Disputes
1. European law applies to agreements between the entrepreneur and the consumer/participant to which these general terms and conditions apply;
2. Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be supplied by this entrepreneur can, subject to the provisions below, be submitted to https://ec.europa.eu/consumers/odr by both the consumer/participant and the entrepreneur;
3. A dispute will only be processed by the Disputes Committee if the consumer/participant has first submitted his complaint to the entrepreneur within a reasonable period of time;
4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Commission at the latest 12 months after the date on which the consumer/participant submitted the complaint to the entrepreneur;
5. If the consumer/participant wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer/participant first reports this to the entrepreneur;
6. If the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer/participant must, within five weeks of a request made in writing by the entrepreneur, state in writing whether he also wishes this or wants the dispute dealt with by the competent authority judge. If the entrepreneur does not hear of the consumer’s/participant’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court;
7. The Disputes Committee will not deal with a dispute or cease the treatment if the entrepreneur has been granted a moratorium, has become bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final judgment has been given.
Article 18 – Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer/participant and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by the consumer/participant.
Additional terms and conditions for participation, ordering and delivery of products, digital content and / or services via www.emcebe.com
We wish to emphasize that any proceeds from the order and delivery of products, digital content and / or services via www.emcebe.com will become available for the promotion of the innovation investment program from P.T. Emas Cemerlang Bersama. The products, fashion items that we offer will only be offered to consumers / participants of the various programs that are made available for that purpose. (See www.emcebe.com). The products are generally not intended for commercial sale to the general public. A consumer / participant may decide to make the clothing available for commercial sale via our web shop, but this will be stated by which consumer / participant the clothing is offered and what will happen with the proceeds from the sale. The fashion items are produced for the collection of production data for the collaborative robot operating system. The consumer / participant enjoys the production result of fashion items for a maximum value of 100% of the participation amount that the consumer / participant makes available. 25% of the participation amount goes directly to the development of the collaborative robot.
4 participation programs are offered to consumers/participants who want to participate in the innovation investment program for the development of the collaborative robot for the fashion production industry. Because we are going to produce fashion items that will be available for delivery, we can offer the fashion items for the full participation amount. Through public participation, the participants make it possible for the start-up costs of this development to become available. The 4 participation programs that are available for participation have the following characteristics:
Further provisions for ordering and delivery of products, digital content and/or services when participating in the above programs:
- Participation is possible from €100,00 or a multiple of this amount.
- We can only accept orders from €100,00 in accordance with our terms and conditions. For orders with a value less than €100,00, we are forced to charge the full shipping costs extra.
- For every order from €100,00 and a total weight of no more than 2 kilograms, the shipping costs are included in the purchase amount. Above 2 kilograms total weight, order + packaging, you must either spend a minimum of €200,00 or compensate the added value of the shipping costs. The order must have a minimum value of €100,00 per maximum 2 kilograms total weight.
- If you wish the order to be sent with “Track & Trace” option, we are forced to charge an additional €6,00;
- All amounts of the fashion items that we use in the web store include VAT;
- According to European legislation (Taxes and Customs) the order is free of import duties if the spending amount is less than €150,00 per order (goods + shipping costs). If you require that we send items in 1 shipment for a purchase value above €150,00 then the taxed import duties are entirely for your account and responsibility. Import duties on processed textiles between Indonesia and the European Union generally amount to 12% of the purchase value. Again, orders and deliveries with an amount lower than €150,00 are free of import duties;
- Our collection will undergo major changes twice a year, this will happen around April and October. During the year, items will be added or removed, depending on the stock and supply. Before the collection is adjusted, we will conduct a survey among our customers, in which you can indicate what you would like to see in the collection. Special requests can always be submitted, but an indication price cannot be provided in advance;
- At the start of this innovation program we will arrange shipments twice a month. Orders placed before the 15th day of every month will be sent in the fourth week of the same month, orders after the 15th day of each month will be sent in the second week of the following month. Urgent orders can be made; however, the possibility will arise that we will have to charge extra shipping costs. Every shipment will be announced in writing. Depending on the volume of shipment, we will intensify the fixed shipment times to weekly.
Article 1. – The establishment of a participation agreement, purchase agreement and delivery of products, digital content and/or services
1.1 Participation agreement: A participation agreement is concluded between individual participants and P.T. Emas Cemerlang Bersama and are concluded in the English and/or Dutch language. The participation agreement relates to participation in the innovation investment program of P.T. Emas Cemerlang Bersama for the development of a collaborative robot for the fashion production industry;
1.1.1 Participation and agreement will be concluded as soon as individual participants have completed and sent a registration form via www.emcebe.com. In the registration form you will have to state your name and address details + indicate which program you want to participate in;
1.1.2 After receipt of the registration form, by P.T. Emas Cemerlang Bersama, this will be confirmed by e-mail to the future participant. The acknowledgment of receipt will be accompanied by a personalized participation agreement. This participation agreement will have to be signed and as soon as the receipt of the participation amount has been confirmed by P.T. Emas Cemerlang Bersama, the participation is automatically activated;
1.1.3 Participation agreements are provided to participants participating in programs 2 to 4, or other temporary limited participation programs that will be registered separately;
1.1.4 All participation agreements have a maximum duration of 3 years after the agreement has been signed. Within the duration of these 3 years, the participant will be given the opportunity to place orders for the full participation amount + loyalty bonus. Participants are not obliged to place an order every month. If a residual amount is still present after the participation program has ended, this amount will be returned to the relevant participant;
1.1.5 The loyalty bonus awarded to participants in the participation program 2 to 4 is a bonus without cash value. The bonus can only be spent on purchases of fashion items under the innovation investment program. No other products, digital content and / or services can be purchased with it. Should a participant wish to terminate participation in one of the programs prematurely, the entire loyalty bonus will lapse, and no claim can be made in any form for this loyalty bonus.
1.2 Purchase agreement: The purchase agreement is concluded as soon as you place an order via the web shop of emcebe.com, the order is binding with regard to the product, digital content and / or services that we offer. We will immediately confirm receipt of your order after receiving your order by means of an e-mail. A binding purchase agreement is established upon receipt of the order confirmation. Please note that the delivery of the ordered product, digital content and / or services only after full payment to us, in a bank account of P.T. Emas Cemerlang Bersama, will take place. In connection with this, we request that you transfer the purchase price immediately upon receipt of the order confirmation, but in any case, within 7 days after receipt of the order confirmation;
1.2.1 If you are a participant in participation program 2 up to and including 4 and you wish to place an order, the purchase value will be deducted from your participation amount and loyalty bonus and settled with this. The purchase agreement is established as described in paragraph 1.2 of this article. After you place an order via the web shop of www.emcebe.com, you will receive an order confirmation via e-mail. A binding purchase agreement is concluded upon receipt of the order confirmation;
1.2.2 Should you order a different product, digital content and / or services than the fashion items offered within the innovation investment program, the purchase amount will be deducted from the principal sum of participation. These products are not covered by the loyalty bonus and can therefore not be settled through the loyalty bonus.
1.3 Delivery: We will execute the accepted orders with due speed, though at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed, or only partially, you will be notified of this no later than 30 days after you have placed the order. In that case you have the right to terminate the agreement without costs;
1.3.1 At the start of the sale of fashion items within the innovation investment program, we will arrange shipments twice a month. Orders placed before the 15th calendar day of every month will be shipped in the 4th week of the same month. Orders placed after the 15th calendar day of each month will be shipped in the 2nd week of the following month. Urgent orders can be made, but there may be the possibility that we may have to charge extra shipping costs. Every shipment will be announced in writing. As the volume of orders increases, we will intensify the fixed shipping times to weekly, on the understanding that: ordering one week, shipping the next week;
1.3.2 Orders for digital content (read E-book) will, after confirmation of payment in the bank account of P.T. Emas Cemerlang Bersama, generally delivered within 24 hours. If you place an irrevocable order for the entire E-book, then after payment of the full amount of the E-book, namely €25,00, the Preface + the first 4 chapters + a bonus document will be sent. Each subsequent chapter will be sent no later than the first working day of the following month, until you have received a total of 10 chapters and other material. If you place an irrevocable order of the e-book per chapter at €3,75 per chapter, you will receive it within 24 hours after confirmation of payment in the bank account of P.T. Emas Cemerlang Bersama, the chapters for which you pay. In the first chapter you will receive the preface for free, in the fourth chapter you will receive a free bonus document. The first 4 chapters + preface + free bonus document is available after payment of €15,00 in a first delivery. You then decide for yourself which chapters you want to order further. After ordering the first chapter, or first 4 chapters, a follow-up chapter will become available every month for ordering and delivery;
1.3.3 After ordering and confirming payment for the services, namely 1 of the monthly E-book guidance programs, you will be able to participate in the group coaching session the following week or next session. After the payment has been processed you will receive an invitation to book a personal session with one of the consultants. This is a speech or video session to analyze where you will need guidance. Subscription prices must be paid in advance. The subscription can be canceled per month. For guidance programs 2 and 3, there may be a waiting list depending on the number of participants. You will be informed about this. There is no waiting list for coaching program 1, although you will be divided into groups of 10 for the coaching session in a group context.
1.4 The risk of damage and/or loss of products rests with us until the moment of delivery to You, or a representative designated by You in advance and announced to us, unless expressly agreed otherwise. We only deliver in the country of residence of the consumer / participant. If delivery times are stated in working days, this means all days from Monday to Friday, with the exception of statutory holidays. Ordering and delivering products, digital content and / or services is only possible if they are in stock and / or available. The website emcebe.com indicates whether the desired item is available for order and delivery.
Article 2. – Prices, shipping costs and intermediate shipments
2.1 The prices stated in the offer at the time of the order are valid. The prices indicated are final prices, that is, the prices include the applicable and statutory VAT. Until the moment that the full purchase price is paid, the products remain our property;
2.2 The shipping costs are for our account if you adhere to the following provisions:
For every order from €100,00 and a total weight of up to 2 kilograms, the shipping costs are charged on in the purchase amount. Above 2 kilograms total weight, order + packaging, you must either spend a minimum of €200,00 or compensate the added value of the shipping costs. The order must have a minimum value of €100,00 per maximum 2 kilograms total weight;
2.3 According to European legislation (Taxes and Customs) the order is free of import duties if the spending amount is less than €150,00 per order (goods + shipping costs). If you require that we send items in 1 shipment for a purchase value above €150,00 then the taxed import duties are entirely for your account and responsibility. Import duties on processed textiles between Indonesia and the European Union generally amount to 12% of the purchase value. Again, orders and deliveries with an amount lower than €150,00 are free of import duties;
2.4 For all goods it applies that you can place orders at any time, with delivery outside the fixed delivery dates as described in paragraph 1.3.1 of the previous article. If you want delivery to take place and the ordered item is available, the full shipping costs will be charged to you. The products are sent within 2 working days, if in stock, if the delivery takes longer and therefore exceeds the fixed delivery date, the costs of delivery will be reimbursed to you.
Article 3. – Payment
3.1 When participating in the innovation investment program, we require, for all participation programs, that the full participation amount be paid in advance. The transaction must take place in a bank account of P.T. Emas Cemerlang Bersama at an Indonesian banking institution. Once payment has been received and processed, you will receive a confirmation of participation and you will be given the opportunity to place the first order. Delivery will take place according to the schedule in paragraph 1.3.1 of the previous article. Shipment will take place no later than 30 days after confirmation of participation if you place an order immediately. Further conditions of participation, order and delivery can be found in the General and Additional Conditions and will be confirmed in the participation agreement that is attached to the confirmation of participation;
3.2 At this moment we do not have a payment option other than a bank transfer. We are negotiating with a payment processor, as soon as this option is available this will be stated on the website;
3.3 For other products, the same applies that we require full payment to a bank account of P.T. Emas Cemerlang Bersama at an Indonesian banking institution. As soon as the payment has been received and processed, your order will be confirmed and sent to you;
3.4 You agree that you will receive invoices and order confirmation only in electronic form.
Article 4. – Legal right of withdrawal when purchasing items from P.T. Emas Cemerlang Bersama
ON PURCHASE OF P.T. EMAS CEMERLANG BERSAMA ARTICLES YOU HAVE A LEGAL RIGHT OF WITHDRAWAL
4.1 This right of withdrawal only applies to all products (fashion items) that are offered through our website emcebe.com. You have the right to withdraw from the purchase agreement within a period of 14 days, without giving reasons. The withdrawal period expires 14 days after the day on which You or a third party designated by You, who is not the carrier, physically acquires the product;
4.2 The right of withdrawal does not apply to digital content and services;
4.3 If you revoke the purchase agreement, the full amount will again be made available for subsequent orders. The settlement of the amount will take place after we have received the returned product. You must return the product without delay, but in any case, no later than 14 days after the day on which you informed us of the decision to cancel the agreement, to P.T. Emas Cemerlang Bersama, Menakan, RT / RW 001/004, Jebugan, KLATEN UTARA, JAWA TENGAH, 57433, INDONESIA. You will be on time if you return the product before the period of 14 days has expired. We do not bear any costs for the return shipment. You are responsible for paying the costs for the return shipment;
4.4 You are liable for the depreciation of the products that results from the use of the goods, which goes beyond what is necessary to determine the nature, characteristics and operation of the goods.
Article 5. – Early termination of the participation agreement
5.1 Each participation agreement has a maximum duration of 3 years, from the moment of participation. Within this 3-year period you will be given the opportunity to place orders for the products covered by the innovation investment program, for the full amount of participation, possibly plus the loyalty bonus made available within participation program 2 to 4. If you decide to terminate the participation agreement within the 3-year period, you must send a request for termination via e-mail addressed to customer service of P.T. Emas Cemerlang Bersama;
5.2 As soon as we have received your request for early termination, we will send you a confirmation of receipt. The request will be processed and a decision regarding the early termination will be communicated within 30 days after we have received your request for early termination;
5.3 You must take into account that in the event of early termination you cannot claim the amount available for ordering products for sale. In the event of early termination of the participation agreement, 25% of the participation amount will be deducted, in addition, you cannot claim any loyalty bonus granted to you in any way. Settlement of the participation amount with previous purchases and a reduction of 25% of the participation amount will take place immediately in the event of your request for the early termination of the participation agreement;
5.4 Any settlement payment of the remaining participation amount, after settlement, we automatically transfer the remaining amount to the account used by you for the initial payment.