□
Free shipping on all orders!

Terms of Use

 

Article 1 – Definitions

In these conditions, the following definitions apply:

Reflection period: the period during which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: distance contract concerning a series of products and/or services whose delivery and/or purchase obligation extends over time;

Durable data carrier: any means that allows the consumer or the entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to terminate the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;

Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more distance communication techniques are used exclusively up to and including the conclusion of the agreement.;

Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same room at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company Name: Gacilo Ecom Limited
Company registration number: 77566798
Company address: Suite C, 7th Floor, World Trust Tower, 50 Stanley Street, Central, Hong KongArticle 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur as well as to every distance contract and order concluded between the entrepreneur and the consumer.

Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before concluding the distance contract, it will be indicated that the general terms and conditions can be consulted at the entrepreneur's premises 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 concluding the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be read by the consumer and easily stored on a durable data medium. If this is not reasonably possible, before concluding the distance contract, 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 otherwise at the consumer's request.

In the event that, in addition to these general terms and conditions, specific general terms and conditions for a product or service also apply, the second and third paragraphs apply mutatis mutandis, and in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null or void, the rest of the contract and these general terms and conditions will remain in effect, and the provision in question will be immediately replaced by mutual agreement with a provision as close as possible to the original.

Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.

Any uncertainties about the interpretation or content of one or more provisions of our general terms and conditions must 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 subject to conditions, this will be expressly stated in the offer.

The offer is non-binding. The entrepreneur has the right to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, these constitute a faithful representation of the products and/or services offered. Errors or obvious mistakes in the offer do not bind the entrepreneur.

All images and specifications of the offer are indicative and cannot give rise to compensation or contract termination.

Product images are a faithful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information so that it is clear to the consumer what rights and obligations are associated with accepting the offer. This specifically concerns:

  • the price, excluding customs clearance fees and import VAT. These additional costs will be borne and at the risk of the customer. The postal and/or courier service will use the special scheme reserved for postal and courier services regarding imports. This scheme applies if the goods are imported into the EU destination country, which is also the case here. The postal and/or courier service collects VAT (with or without the customs clearance fees charged) from the recipient of the goods;
  • any shipping costs;
  • how the agreement will be concluded and what actions are necessary for this;
  • whether the right of withdrawal applies or not;
  • the method of payment, delivery, and performance of the contract;
  • the deadline for acceptance of the offer or the period during which the entrepreneur guarantees the price;
  • the amount of the rate for distance communications if the costs of using the technology for distance communications are calculated on a basis different from the regular base rate for the communication method used;
  • if the contract is archived after conclusion, and if so, how it can be consulted by the consumer;
  • how the consumer, before concluding the contract, can verify the data provided in the contract and, if desired, restore it;
  • any other language in which, besides Dutch, the contract can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, type of materials.

Article 5 – The agreement

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and the conditions set are met.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance receipt has not been confirmed by the entrepreneur, the consumer may cancel the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure Web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may - within the legal framework - inquire whether the consumer is able to fulfill their payment obligations, as well as all important facts and factors for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, they have the right to refuse an order or request with justification or to attach special conditions to the execution.

The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:

  1. the visiting address of the entrepreneur's agency where the consumer can file a complaint;
  2. 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;
  3. information on existing warranties and after-sales service;
  4. the information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the contract is executed;
  5. the conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.

All agreements are concluded subject to the condition precedent of sufficient availability of the concerned products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to terminate the contract without giving a reason within 14 days. This reflection period begins the day after the product is received by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.

During the reflection 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 to the entrepreneur with all supplied accessories and - if reasonably possible - in the original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must do so 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 were returned on time, for example by means of proof of shipment.

If, after the expiration of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the return costs of the products will be borne by 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 cancellation. This is subject to the condition that the product has already been returned by the online retailer or that conclusive proof of the complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated it in the offer, at least in time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products:

  1. which have been created by the entrepreneur according to the consumer's specifications;
  2. which are clearly of a personal nature;
  3. which, by their nature, cannot be returned;
  4. that can spoil or age quickly;
  5. whose price is subject to financial market fluctuations over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software whose seal the consumer has broken.
  8. for hygienic products whose seal the consumer has broken.

The exclusion of the right of withdrawal is only possible for services:

  1. concerning accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
  2. whose delivery has begun with the consumer's express consent before the expiration of the reflection period;
  3. concerning bets and lotteries.

Article 9 – The price

During the validity period indicated 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 may offer products or services with variable prices, whose prices are subject to financial market fluctuations and over which the entrepreneur has no influence. This responsibility for fluctuations and the fact that the prices indicated are indicative prices are stated in the offer.

Price increases within 3 months following the conclusion of the contract are only permitted if they result from regulations or legal provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated it and:

  1. These are the result of regulations or legal provisions; or
  2. The consumer has the right to terminate the contract from the day the price increase takes effect.

In accordance with Article 5, paragraph 1, of the 1968 turnover tax law, the place of delivery is in the country of transport departure. In this case, this delivery takes place outside the EU. Then, the postal or courier service will collect import VAT or customs clearance fees from the customer. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions in force at the date of contract conclusion and/or government regulations. In case of agreement, the entrepreneur also guarantees that the product is suitable for use other than normal.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the contract.

Any defect or incorrectly delivered product must be reported in writing to the entrepreneur 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 final suitability of the products for each individual consumer application, nor for 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 conditions or have been handled negligently or are contrary to the entrepreneur's instructions and/or on the packaging;

The defect results in whole or in part from regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and fulfilling product orders.

The place of delivery is the address provided by the consumer to the company.

Considering what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract without costs and is entitled to possible compensation.

In the event of dissolution in accordance with the preceding paragraph, the contractor will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.

If the delivery of an ordered product proves impossible, the contractor will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return are borne by the contractor.

The risk of damage and/or loss of the products lies with the contractor until the moment of delivery to the consumer or to a previously designated representative made known to the contractor, unless otherwise expressly agreed.

Article 12 – Duration of operations: duration, cancellation, and extension

Termination

The consumer may terminate at any time a contract concluded for an indefinite term and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of a maximum of one month.

The consumer may terminate a contract concluded for a fixed term and which extends to the regular delivery of products (including electricity) or services at any time until the end of the fixed term, taking into account the agreed termination rules and a notice period of at least one month maximum.

The consumer may terminate the contracts referred to in the preceding paragraphs:

cancel at any time and not be limited to cancellation at a certain time or within a certain period;

at least cancel in the same way as they were concluded by them;

always terminate with the same notice period as that agreed by the contractor for themselves.

Extension

An agreement concluded for a fixed term and which extends to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed term.

Notwithstanding the previous paragraph, a contract concluded for a fixed term that extends to the regular delivery of daily and weekly information and magazines may be tacitly extended for a fixed term of up to three months, if the consumer refuses to accept this extended agreement, they may terminate the extension with a maximum notice period of one month.

A contract concluded for a fixed term that extends to the regular delivery of products or services can only be tacitly extended for an indefinite period if the consumer can terminate at any time with a maximum notice period of one month and a maximum notice period of three months if the agreement extends to the regular delivery, but less than once a month, of daily newspapers and magazines, information and weekly publications.

A fixed-term contract for the regular delivery of daily newspapers and magazines, information and weekly publications for launch purposes (trial or launch subscription) is not tacitly continued and automatically ends after the trial or launch period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a maximum notice period of one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of a service contract, this period starts after the consumer has received confirmation of the agreement.

Article 14 – Complaint procedure

Complaints regarding the execution of the contract must be submitted fully and clearly to the entrepreneur within 7 days of the consumer discovering the defects.

Complaints addressed to the entrepreneur will receive a response within 14 days from the date of receipt. If a complaint requires a longer foreseeable processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless otherwise indicated in writing by the entrepreneur.

If a complaint is deemed justified by the entrepreneur, they will replace or repair the delivered products free of charge, at their discretion.

Article 15 – Disputes

The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.