Terms and Conditions
Last updated February 7, 2024
General Terms and Conditions
Article 1 - Definitions.
In these provisions, the following terms are defined as follows:
- Withdrawal period: the period during which the consumer can exercise his right of return.
- Consumer: an individual not engaged in professional activities who enters into a distance contract with the seller.
- Day: a calendar day.
- Duration transaction: a distance contract that relates to the gradual delivery of goods and/or services.
- Durable medium: any medium that enables the customer or seller to store information in a way that allows future access and unaltered reproduction of the information.
- Right of withdrawal: the possibility for the customer to waive the distance contract within the cooling-off period.
- Entrepreneur: a natural person or legal entity offering goods and/or services at a distance to private customers.
- Remote agreement: the conclusion of an agreement using communication technology without the customer and seller being at the same location at the same time.
- Technology for distance communication: a means that can be used to conclude an agreement without the customer and seller being simultaneously present.
- General Terms and Conditions: the seller's standard terms and conditions.
Article 2 - Identity of the Seller
Store information
Address:
28 Ferry Street
Yau Ma Tei, Kowloon
999077, Hong Kong
E-mail: service@sarahkaitlin.com
Phone: 06 39887344
Company name: Modern Fashion Limited
Company number: 3312421
Customer Service:
Monday through Friday from 10 a.m. to 6 p.m.
Saturday and Sunday: 12:00 to 5:00 p.m.
Estimated response time (30 minutes - 24 hours).
Article 3 - Applicability
The General Terms and Conditions apply to every offer made by the seller and to every distance contract and order concluded between the seller and the customer. Before the distance contract is concluded, the General Terms and Conditions are made available to the customer.
Article 4 - The Offer.
If an offer has a limited period of validity or is made subject to conditions, this will be clearly stated. The offer contains a complete and accurate description of the products and/or services offered. Obvious mistakes in the offer are not binding for the seller. Pictures, specifications and information in the offer are for illustrative purposes only and do not constitute grounds for compensation or dissolution of the agreement.
Article 5 - The Agreement
This agreement comes into effect when the customer accepts the offer and fulfills the conditions set. In case of electronic acceptance, the seller immediately confirms receipt of the acceptance electronically. As long as this receipt has not been confirmed, the customer can dissolve the agreement. The seller takes appropriate measures to secure the electronic transmission of data.
Article 6 - Right of Return
For product purchases, the customer has the right to dissolve the contract without giving reasons within 30 days. The period begins on the day after receipt of the product by the customer. During this period, the customer must handle the product and its packaging with care and only unpack or use it to the extent necessary to assess whether to keep the product. Within 30 days of receipt, the customer must notify the seller in writing or by e-mail that he is exercising his right of return. After this notification, the customer has another 30 days to return the product, with proof of timely shipment. In the absence of notification or return within the specified time limits, the purchase is considered final.
Article 7 - Costs in the event of cancellation
When exercising the right of withdrawal, the return costs will be borne by the consumer. The entrepreneur will refund the amount paid by the consumer within 5 days after receipt of the return, provided that the product has been returned in full or that there is sufficient proof of complete return.
Article 8 - Exclusion of the right of withdrawal
For certain products, the trader may exclude the consumer's right of withdrawal, provided this is clearly stated in the offer in good time before the conclusion of the contract. This applies in particular to customized products, personal items, non-returnable or perishable goods, products with price fluctuations on the financial market, opened audio and video recordings, software, and hygiene products whose seal has been broken. Exceptions also exist for services with specific deadlines or that have already started with the consumer's consent before the withdrawal period expires, as well as for betting and lotteries.
Article 9 - The Prices
During the period of validity of the offer, the prices of products and services will not be increased, unless this is due to changes in VAT rates. Price increases up to 3 months after the conclusion of the agreement are only allowed if prescribed by law. After 3 months, price increases may only take place if the consumer agrees or has the right to terminate the agreement. Deliveries outside the EU may be subject to import duties or handling fees by the postal or courier service. Printing errors are reserved, and the entrepreneur is not obliged to deliver products at an incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees the conformity of products and services with the agreement, the specifications as stated in the offer, and the usual standards of soundness and usability, as well as the applicable legal provisions. Any defects must be reported in writing within 30 days of delivery. The warranty period corresponds to the manufacturer's warranty, and the entrepreneur is not liable for the suitability of the products for specific applications or purposes. Warranty does not apply in case of own repair, improper use, exposure to improper conditions, or violation of regulations.
Article 11 - Delivery and Execution
When receiving and executing product orders, the entrepreneur will exercise maximum care. Delivery takes place within 30 days, unless otherwise agreed. Delays or incomplete execution will be reported to the consumer within 30 days of the order at the latest. In case of delay or incomplete execution, the consumer has the right to dissolve the agreement free of charge and receive any compensation. In case of dissolution, the entrepreneur will refund the amount paid within 5 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will try to offer a replacement item, clearly indicated upon delivery. The right of withdrawal is not excluded for replacement items, and any return costs will be borne by the entrepreneur. The risk of damage or loss of the products rests with the entrepreneur until delivery to the consumer or a designated representative, unless otherwise agreed.
Article 12 - Duration Transactions: Duration, Cancellation and Renewal.
Cancellation: An open-ended contract, aimed at the regular supply of products (including electricity) or services, may be cancelled by the consumer at any time according to the agreed cancellation rules and a notice period of up to one month. In the case of a fixed-term contract aimed at regular delivery of products or services, the consumer can terminate it at the end of the agreed period according to the agreed termination rules and a notice period of up to one month. For both types of contracts, the consumer can terminate at any time under the same conditions as stipulated by the entrepreneur.
Renewal: A fixed-term contract, aimed at regular delivery of products or services, is not tacitly renewed or renewed for a fixed period. An exception applies to a contract for regular delivery of daily, news and weekly newspapers and magazines, which can be tacitly renewed for up to three months, provided that the consumer can cancel within one month before the end. An agreement for regular delivery of daily, news and weekly newspapers and magazines as part of an introductory subscription ends automatically at the end of the introductory period.
Term: For contracts with a term of more than one year, the consumer may terminate them at any time after one year with a notice period of up to one month, provided it is reasonable and fair.
Article 13 - Payment
Unless otherwise agreed, payments should be made by the consumer within 7 working days after the beginning of the reflection period, as referred to in Article 6 paragraph 1. For services, this period begins after the consumer has received the confirmation of the agreement. In case of incorrect payment details, the consumer is obliged to inform the entrepreneur of this immediately. If the consumer fails to pay, the entrepreneur is authorized, subject to legal restrictions, to charge the agreed costs to the consumer.
Article 14 - Complaint procedure
In case of complaints about the performance of the agreement, the consumer must report fully and clearly to the entrepreneur within 30 days after discovery of the defects. The entrepreneur will respond within 30 days of receiving complaints. If processing a complaint takes more time, the entrepreneur will send a confirmation of receipt within the first 30 days with an indication of the expected response time. If a complaint cannot be resolved by mutual agreement, a dispute suitable for arbitration will arise. This complaint does not affect the obligations of the entrepreneur, unless otherwise agreed in writing. In the event of justified complaints, the entrepreneur will, at his discretion, make replacement deliveries or repairs free of charge.
Article 15 - Disputes
For contracts between the entrepreneur and the consumer to which these general conditions apply, only Dutch law applies, regardless of the place of residence of the consumer.