Terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract where, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously in the same room.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: VENTURE BAY VP LIMITED
Address: UNIT 2904-05, 29/F UNIVERSAL TRADE
CTR 3 ARBUTHNOT RD CENTRAL
HONGKONG
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected by the consumer and that they will be sent free of charge as soon as possible upon the consumer's request.
If the distance contract is concluded electronically, notwithstanding 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 electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or in another way upon the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favourable to them in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be immediately replaced in mutual consultation by a provision that approximates the scope of the original as much as possible.
Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours displayed exactly match the real colours of the products.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:
the price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services for import. This scheme applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
the applicability or non-applicability of the right of withdrawal;
the method of payment, delivery and execution of the agreement;
the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, correct it;
any other languages in which, in addition to Dutch, the agreement can be concluded; and
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colours, type of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer 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 can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can – within legal frameworks – inform themselves whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must do this by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If the customer has not made known that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are for the account of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for loose 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.
Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
- the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
- relating to bets and lotteries.
Article 9 – The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of legal regulations or provisions; or
- the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
The place of delivery, pursuant to Article 5, first paragraph, of the Turnover Tax Act 1968, takes place in the country where the transport commences. In the present case, this delivery takes place outside the EU. In accordance with this, import VAT or customs clearance costs will be collected from the customer by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. 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 can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or handled on the packaging;
The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing product orders.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and to the entrepreneur known representative, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination and extension
Termination
The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of at most one month.
The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period, with due observance of the agreed termination rules and a notice period of at most one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least in the same way as they were entered into by him;
always with the same notice period that the entrepreneur has stipulated for himself.
Extension
An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite duration.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Hong Kong (SAR) law. This also applies if the consumer resides abroad.
Article 16 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Article 18 – CESOP
Due to the measures introduced and tightened as of 2024 concerning the 'Amendment of the Turnover Tax Act 1968 (Implementation of Payment Services Directive)' and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.