Terms and Conditions (T&Cs)
Article 1 – Definitions
In these General Terms and Conditions, the following definitions apply:
Withdrawal period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day; 13-12-2022
Continuous transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligations are spread over time;
Durable medium: any device that enables the consumer or trader to store information addressed personally to them in a way that makes future consultation and unchanged reproduction of the stored information possible.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers goods and/or services to consumers at a distance;
Distance contract: an agreement concluded within the framework of a system organized by the trader for the distance selling of goods and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: means that can be used for the conclusion of a contract without the consumer and trader being in the same place at the same time;
General Terms and Conditions: these general terms and conditions of the trader.
Article 2 – Identity of the Trader
Company name:
COMMERCE DS MEDIA LIMITED
FLAT B01, 2/F, KIN TAK FUNG IND BUILDING,
174 WAI YIP STREET, KWUN TONG,
HONG KONG
E-mail: info@veliraboutique.com
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed, before the distance contract is concluded, of where the terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer shall be informed, before the distance contract is concluded, of where the terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
Where specific product or service conditions apply in addition to these general terms, paragraphs 2 and 3 shall apply accordingly, and in the event of any conflict between the two sets of terms, the consumer may always rely on the provision that is most favorable to them.
If any provision of these general terms and conditions is at any time wholly or partially void or invalid, the contract and the remaining provisions shall continue in effect, and the void provision shall be replaced by a provision that most closely reflects the intent of the original.
Matters not covered by these general terms shall be assessed "in the spirit" of these terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions shall also be interpreted "in the spirit" of these terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this shall be expressly stated in the offer.
The offer is non-binding. The trader reserves the right to change or adjust the offer.
The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment. If the trader uses images, these shall represent the products and/or services truthfully. Obvious errors or mistakes do not bind the trader.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
The images of the products are faithful representations, but the trader cannot guarantee that the colors shown exactly match the actual product colors.
Each offer shall include information making clear to the consumer their rights and obligations if they accept the offer, particularly:
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the price, excluding customs clearance costs and import VAT (these additional costs are borne and assumed by the customer; the postal or courier service will apply the special import arrangement and charge the VAT and any customs fees to the recipient);
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any shipping costs;
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the method by which the contract is concluded and the necessary steps;
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whether or not the right of withdrawal applies;
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payment, delivery, and performance conditions;
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the period during which the offer may be accepted or the period within which the trader guarantees the price;
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the cost of distance communication if calculated differently from the basic rate;
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whether the contract will be archived and how the consumer can access it;
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how the consumer can verify and, if necessary, correct information before the contract is concluded;
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the languages available for concluding the contract;
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the codes of conduct the trader adheres to and how they can be accessed electronically;
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the minimum duration of the distance contract in case of continuous transactions;
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optional: available sizes, colors, and material types.
Article 5 – The Agreement
Subject to paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the stated conditions.
If the consumer accepts the offer electronically, the trader shall confirm receipt of the acceptance electronically without delay. As long as this confirmation has not been received, the consumer may cancel the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure electronic data transfer and ensure a safe online environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
The trader may, within legal limits, obtain information about the consumer’s ability to meet payment obligations and about facts and factors relevant to responsibly concluding the contract. If, based on this investigation, the trader has good reason not to enter the contract, they may refuse an order or attach special conditions.
The trader shall provide the consumer, in writing or on a durable medium, with the following information along with the product or service:
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the trader’s business address where complaints may be submitted;
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the conditions and procedure for exercising the right of withdrawal, or, if excluded, clear information on the exclusion;
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information on warranties and after-sales services;
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the information specified in Article 4(3), unless already provided prior to delivery;
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the conditions for terminating the contract if it is of more than one year or indefinite duration.
Each contract is concluded subject to the availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to cancel the contract within 14 days without giving reasons. This period starts the day after the consumer or a representative designated by the consumer receives the product.
During this period, the consumer must handle the product and packaging carefully. They may only unpack or use the product as necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product, with all supplied accessories and in its original condition and packaging if possible, following the trader’s reasonable instructions.
To exercise the right of withdrawal, the consumer must notify the trader in writing/by email within 14 days of receiving the product. The consumer must return the product within 14 days after this notification. The consumer must provide proof of timely return shipment, e.g., by providing a shipping receipt.
If the consumer does not notify the trader of their intent to withdraw or does not return the product within the specified timeframes, the purchase becomes binding.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the return shipping costs are at their own expense.
If the consumer has already paid an amount, the trader will refund it as soon as possible, but no later than 14 days after withdrawal, provided the product has been received or proof of return has been supplied.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3, provided this has been clearly stated in the offer or before the contract is concluded.
Exclusion is possible for products:
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made to the consumer’s specifications;
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clearly personal in nature;
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that cannot be returned due to their nature;
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that deteriorate or age rapidly;
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subject to fluctuations in the financial market beyond the trader’s control;
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single newspapers or magazines;
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audio, video, or software products with broken seals;
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hygiene products with broken seals.
Exclusion is also possible for services:
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relating to accommodation, transport, catering, or leisure activities on specific dates;
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that have begun with the consumer’s explicit consent before the withdrawal period ended;
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involving betting or lotteries.
Article 9 – The Price
During the validity period stated in the offer, prices will not increase except due to VAT changes.
Contrary to the previous paragraph, the trader may offer products or services whose prices fluctuate due to market factors beyond their control. This will be indicated as such.
Price increases within 3 months after contract conclusion are allowed only if due to legal requirements.
Price increases after 3 months are allowed only if:
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due to legal requirements; or
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the consumer is entitled to terminate the contract as of the date the price increase takes effect.
As delivery occurs outside the EU, the postal or courier service charges VAT and customs fees to the customer. The trader does not charge VAT.
All prices are subject to printing errors. The trader is not obliged to deliver products based on incorrect prices resulting from such errors.
Article 10 – Conformity and Warranty
The trader guarantees that the products/services comply with the contract, the specifications stated in the offer, reasonable usability and reliability standards, and applicable legal requirements at the time of conclusion.
Any warranty offered by the trader, manufacturer, or importer does not affect the consumer’s legal rights.
Defective or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery and returned in original packaging and unused condition.
Warranty duration corresponds to the manufacturer’s warranty period. The trader is not responsible for product suitability for specific purposes or for any advice regarding usage.
The warranty does not apply if:
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the consumer or a third party has repaired or altered the product;
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the product was exposed to abnormal conditions or mishandled;
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the defect arises from government regulations regarding material quality or standards.
Article 11 – Delivery and Execution
The delivery address is the one provided by the consumer and is located outside the EU.
The trader executes accepted orders as soon as possible, but no later than 30 days, unless otherwise agreed. If delivery is delayed, the consumer will be notified within 30 days and may cancel the order free of charge.
Upon cancellation, the trader will refund the consumer within 14 days.
If a product cannot be delivered, the trader will attempt to supply an equivalent item. The consumer will be clearly informed, and the right of withdrawal remains applicable. Return costs for substitute items are borne by the trader.
The risk of damage or loss passes to the consumer upon delivery unless otherwise agreed.
Article 12 – Duration, Termination, and Renewal
Termination:
The consumer may terminate an open-ended contract for regular delivery of goods or services at any time with up to one month’s notice.
For fixed-term contracts, termination may occur at the end of the term with up to one month’s notice.
Termination must be possible in the same manner the contract was concluded.
Renewal:
A fixed-term contract cannot be automatically renewed for a definite period.
However, subscriptions for newspapers/magazines may be renewed for up to three months if the consumer can cancel with one month’s notice.
Trial subscriptions end automatically after the trial period.
Duration:
Contracts longer than one year may be terminated after one year with up to one month’s notice.
Article 13 – Payment
Unless otherwise agreed, amounts due must be paid within 7 business days after the start of the withdrawal period.
In service contracts, this period begins once the consumer receives confirmation.
The consumer must promptly report any errors in payment details.
If payment is not made, the trader may charge reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints must be submitted to the trader within 7 days after the defect is discovered, clearly describing the issue.
Complaints will be answered within 14 days of receipt. If more time is needed, an acknowledgment and expected response date will be sent.
If the complaint cannot be resolved, the matter is subject to dispute resolution.
Submitting a complaint does not suspend obligations unless stated otherwise in writing.
If the complaint is justified, the trader will replace or repair the product free of charge.
Article 15 – Disputes
Contracts between the trader and consumer to which these terms apply are governed exclusively by Dutch law, even if the consumer resides abroad.
Article 16 – Final Resolution for Refunds, Returns, and Reshipments
Acceptance of Solution:
If a replacement product or voucher worth more than 75% of the original order value is provided, the customer agrees to accept this solution as final.
Finality of Remedy:
After accepting the replacement product or voucher, no further claims for refunds, returns, or reshipments shall be made.
Confirmation:
By accepting the remedy, the customer acknowledges that:
a. The solution is satisfactory and adequate;
b. No further claims related to the original order will be submitted;
c. The transaction is considered closed and resolved.
Exclusion of Further Claims:
Subsequent requests for additional compensation related to the original order will be null and void.
Customer Responsibility:
Customers are advised to review the proposed solution carefully before acceptance. Acceptance waives any right to challenge or seek additional remedies.
Company Assurance:
The company guarantees that the replacement product or voucher is provided in good faith and serves as fair compensation for issues with the original order.
Legally Binding Agreement:
This clause serves as a legally binding agreement between the customer and the company.
By accepting a replacement product or a voucher worth more than 75% of the original order, the customer agrees to these terms and acknowledges the finality of the resolution.