Terms and Conditions
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and Warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Payment methods
Articele 17 - Additional or different provisions
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following terms are defined:
Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession, business or craft and enters into an agreement with the entrepreneur;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration transaction: an agreement relating to a series of products and / or services of which the delivery and / or purchase obligation is spread over time;
Durable medium: any (auxiliary) means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information, including e-mail.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the form for withdrawal that is made available to the consumer by the entrepreneur and that the consumer can fill in when he wants to use his right of withdrawal;
Entrepreneur: the natural or legal person who offers products and / or (access to) digital content and / or services at a distance to consumers;
Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication with the consumer;
Technique for distance communication: means that can be used for the conclusion of a distance contract, without the consumer and entrepreneur being together in the same room at the same time;
General Conditions: the present General Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Loveliness Technology Limited
UNIT 1507C, 15/F., Eastcore,
398 Kwun Tong Road, Kwun Tong, Kowloon,
Hong Kong
ARTICLE 3 - APPLICABILITY
These general conditions apply to every offer made by the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur's premises, in what way they can be inspected and that these general conditions will be sent free of charge to the consumer as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, before the distance contract is concluded the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in another way.
In case that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in case of conflicting general conditions always rely on the applicable provision that is most favorable to him.
In the event that one or more provisions in these general conditions at any time are declared null and void or annulled in whole or in part, then these general conditions for the rest shall remain in force and the relevant annulled or void provision shall be replaced immediately in mutual consultation by a provision that approaches the meaning of the original provision as closely as possible.
Situations not covered by these general terms and conditions must be assessed in accordance with these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted according to these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited validity period or is made under conditions with suspensive or dissolving effect, or any other condition, this will be explicitly mentioned in the offer.
The offer of the entrepreneur is without engagement. The entrepreneur has the right to change and adapt the offer.
The offer of the entrepreneur contains a description of the products and/or services offered, which is at all times complete and accurate. The offer includes a sufficiently detailed description to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses any images that imply that these images show the product offered, then these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer can not bind the entrepreneur.
Images of products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown will exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular
particular:
the price including taxes;
the possible costs of shipment;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the rate of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
The minimum duration of the distance contract in the event of an extended transaction.
The application of the right of withdrawal;
the method of payment, delivery and implementation of the agreement;
ARTICLE 5 - THE AGREEMENT
The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
In the event that the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, obtain information about the consumer's ability to fulfill his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, at the latest upon delivery of the product, service or digital content:
The visiting address of the trader's business establishment where the consumer can lodge complaints;
the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information on guarantees and existing service after purchase;
the price, including taxes, of the product, service or digital content;
the costs of delivery, insofar as applicable;
the method of payment, delivery or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
in case the consumer has a right of withdrawal, the model form for withdrawal.
In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Upon delivery of products:
When purchasing products, the consumer has the possibility of dissolving the contract without giving reasons for 14 days.
This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
The warranty period of the intermediary is the same as the warranty period of the manufacturer. The intermediary is never responsible for the ultimate suitability of the products for an individual application by the buyer, nor for any advice regarding the use or application of the products.
In case of a warranty claim, the Intermediary will, at its discretion, provide replacement or repair. In case of replacement the buyer is obliged to return the replaced item to the Intermediary.
The guarantee is not applicable if:
- the buyer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;
- the delivered products have been exposed to abnormal conditions or otherwise carelessly or contrary to the instructions of the intermediary have been handled and/or on the packaging;
-the defect is wholly or partially the result of regulations issued or to be issued by the government regarding the type or quality of the materials used;
- Hygiene products cannot be returned and reimbursed, especially with the current COVID-19 measures. A list of hygiene products that cannot be returned and reimbursed (the list is not exhaustive): underwear, bikini, make-up, hair styling products, beauty products, etc.
If:
the consumer has ordered several products in the same order, the cooling-off period will start on the day the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
If the delivery of a product consists of multiple shipments or parts, the cooling off period will start on the day the consumer or a third party designated by him, received the last shipment or the last part;
the agreement extends to the regular delivery of products during a certain period, the cooling off period will start on the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content not supplied on a tangible medium:
In the case of a service contract or a contract for the supply of digital content not supplied on a tangible medium, the consumer can terminate the contract during fourteen days without giving any reason. These fourteen days start on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content that is not supplied on a material carrier when not informing about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day the consumer received this information.
During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of the model form. After the consumer has made known to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of sending.
ARTICLE 7 - COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL
When exercising the right of withdrawal by the Consumer, the Consumer shall bear no more than the cost of returning the Product.
The entrepreneur will refund the purchase price as soon as possible, but no later than 14 days after the withdrawal, in the same way the consumer used. Herewith return by the merchant or conclusive proof of complete return is required.
Any decrease in value of the product caused by careless handling will be borne by the consumer. This cannot be invoked if the entrepreneur has not provided all the legally required information regarding the right of withdrawal. This should be done prior to the conclusion of the purchase agreement.
ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
Exclusion of the right of withdrawal is only possible if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract, and if it concerns one of the products listed in paragraph 2 and 3.
Exclusion is only possible for the following products:
that have been created by the trader in accordance with the consumer's specifications;
That are clearly personal in nature;
That spoil or age quickly;
Whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
for individual newspapers and magazines;
For audio and video recordings and computer software of which the consumer has broken the seal;
For hygienic products of which the consumer has broken the seal. Hygiene products cannot be returned and reimbursed, especially with the current COVID-19 measures. A list of hygiene products that cannot be returned and refunded (the list is not exhaustive): underwear, bikini, make-up, hair styling products, beauty products, etc.
Exclusion is possible only for the following services:
concerning lodging, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
Of which the delivery has begun with the consumer's express consent before the expiration of the cooling-off period;
On bets and lotteries
ARTICLE 9 - PRICE
During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
they are the result of statutory regulations or stipulations; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to misprints and typographical errors. For the consequences of misprints no liability is accepted. In the event of printing and typesetting errors, the Entrepreneur is not obliged to deliver the product according to the incorrect price.
Special, additional customs clearance costs and/or import duties are not included in the price and are to be borne by the client.
ARTICLE 10 - GUARANTEE AND CONFORMITY
The entrepreneur guarantees that the products and / or services meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur. This includes any commitment from the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the entrepreneur and / or on the packaging;
The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose on the nature or quality of the materials used.
Hygiene products cannot be taken back and reimbursed, certainly not with the current COVID-19 measures. A list of hygiene products that cannot be returned and reimbursed (the list is not exhaustive): underwear, bikini, make-up, hair styling products, beauty products, etc.
ARTICLE 11 - DELIVERY AND EXECUTION
The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but at least within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION AND PROLONGATION
Termination
The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
The consumer can the agreements mentioned in the previous paragraphs:
terminate at all times and not be limited to termination at a specific time or in a specific period;
at least cancel in the same way as they were entered into by him;
always terminate them with the same notice as the entrepreneur has stipulated for himself.
Extension
A contract for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be extended or renewed tacitly for a definite period.
Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a maximum of three months, if the consumer has the right to terminate this renewed contract towards the end of the renewal period, with a period of notice that does not exceed one month.
A contract for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
ARTICLE 13 - PAYMENT
As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the cooling-off period as stated in article 6 paragraph 1. In case of an agreement for the provision of a service, this period shall start after the consumer has received the confirmation of the agreement.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
In case of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously announced to the consumer.
The consumer can pay with the following payment methods: iDeal, Maestro and Credit Card (AMEX, Mastercard and Visa).
ARTICLE 14 - COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days, calculated 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 can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, it becomes a dispute that is subject to the dispute resolution procedure.
ARTICLE 15 - DISPUTES
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.
ARTICLE 16 - PAYMENT METHODS
The client can pay safely and quickly with Ideal, Bancontact, Belfius, KBC/CBC and Credit card (Mastercard, Visa, Amex).
ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.
MODEL FORM FOR WITHDRAWAL
Please complete and return this form only if you wish to withdraw from the agreement
- To:
Name of company
Address
Postal code
E-mail
Telephone number
- I/We (*) hereby inform you that I/we (*) am revoking/revoking (*) our agreement regarding the sale of the following goods/provision of the following service (*):
- Ordered on (DD-MM-YYYY).
- Order number:
- Received on (DD-MM-YYYY):
- Name/Names consumer(s):
- Address Consumer(s):
- IBAN Account Number:
- Signature of consumer(s) (only if this form is submitted on paper):
- Date (DD-MM-YYYY):
(*) Delete what does not apply.