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General Terms and Conditions
General terms and conditions of sale and use
This website is operated by AVIGAIL SHAHAR. On this website, the terms ‘we’, ‘us’ and ‘our’ refer to AVIGAIL SHAHAR. AVIGAIL SHAHAR offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing any of our products, you are engaging in our ‘Service’ and agree to be bound by the following terms and conditions (‘Terms and Conditions’, ‘Terms and Conditions’, ‘Terms’), including any additional terms, conditions and policies referenced and/or hyperlinked herein. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use any of the services offered on the website. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new functions and tools added to this shop at a later date will also be subject to these General Terms and Conditions of Sale and Use. You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - CONDITIONS OF USE OF OUR ONLINE SHOP
By accepting these Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependent on you to use this website.
The use of our products for any illegal or unauthorised purpose is prohibited, nor must you, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time, for any reason.
You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our prior express written permission.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND UP-TO-DATENESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for information purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain prior information. Such previous information, by its nature, is not up to date and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice and at any time.
We will not be liable to you or any third party for any change in price, suspension or discontinuance of the Service.
Prices include VAT.
ARTICLE 5 - PRODUCTS OR SERVICES (where applicable)
Certain products or services may only be available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.
We have done our best to display as clearly as possible the colours and images of our products that appear in our shop. We cannot guarantee that the display of colours by your computer screen will be accurate.
We reserve the right, but are not obliged, to restrict sales of our products or services to any person in any geographical area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our shop. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For more details, please consult our Returns Policy.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools on an ‘as is’ and ‘as available’ basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising out of or in connection with the use of these optional third party tools.
If you use any optional tools offered on the Site, you do so at your own risk and discretion and you should consult the terms and conditions on which such tools are offered by the relevant third party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions.
ARTICLE 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include material from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, product, service or other item accessible on or from such third party sites.
We are not responsible for any harm or damage in connection with the purchase or use of any goods, services, resources, content, or any other transaction conducted in connection with such third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding the products of these third parties must be submitted to these third parties.
ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by post, or otherwise (collectively, ‘Comments’), you grant us an unrestricted, irrevocable license to edit, copy, publish, distribute, translate and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any feedback; (2) pay any compensation to anyone for any feedback provided; or (3) respond to any feedback.
We may, but have no obligation to, monitor, edit or remove content that we believe in our sole discretion is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, publicity, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will they contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
ARTICLE 10 - PERSONAL INFORMATION
The submission of your personal information on our shop is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions which may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).
We are under no obligation to update, amend or clarify any information on the Service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date on the Service or any associated website should be relied upon to conclude that the information on the Service or any associated website has been changed or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to incite third parties to carry out or take part in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, slander, libel, denigrate, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that adversely affects the functionality or operation of the Service or any associated or unrelated website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information from, browse, search or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
SECTION 13 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent 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 discontinue 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 provided to you through the Service are (unless otherwise expressly stated by us) provided on an ‘as is’ and ‘as available’ basis for your use without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
AVIGAIL SHAHAR, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensor shall not be liable for any injury, loss, claim, or damage, whether direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether in contract, tort (including negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product provided through the Service, or for any other claim relating 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 your use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless AVIGAIL SHAHAR, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Sale and Use or the documents to which they refer, or your violation of any law or the rights of a third party.
ARTICLE 15 - SEVERABILITY
If any provision of these Terms and Conditions of Sale and Use is held to be unlawful, void or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.
These General Terms and Conditions of Sale and Use are effective at least and until terminated by either you or not. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.
If we determine, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions or any other policies or operating rules published by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior or contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions).
Any ambiguity as to the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.
ARTICLE 18 - APPLICABLE LAW
These General Terms and Conditions of Sale and Use, and any separate agreement whereby we provide you with Services, shall be governed by and construed in accordance with the laws in 99 Hennessy Road, Wan Chai, Hong Kong Island Hong Kong SAR.
ARTICLE 19 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 - THE OFFER
If an offer has a limited period of validity or is subject to conditions with suspensive or subsequent effect or to any other condition, this will be expressly mentioned in the offer.
The Website's offer is non-binding.
The Website has the right to modify and adjust the offer.
The Website's offer contains a description of the products and/or services offered, which is complete and correct at all times. The offer contains a sufficiently detailed description to enable the customer to assess the offer correctly. If the website uses images which imply that these images show the product offered, these images are an accurate reflection of the products and/or services offered. Obvious errors or mistakes in the offer cannot bind the website.
The product images are a faithful representation of the products offered. However, the website cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer contains information such that it is clear to the customer what rights and obligations are associated with acceptance of the offer.
This concerns in particular :
the price including VAT ;
any shipping costs;
the manner in which the agreement will be concluded and the actions required to this end;
whether the tariff for long-distance communications is calculated on a basis other than the regular basic tariff for the means of communication used;
whether the contract is archived after it is concluded and, if so, how 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 performance of the contract;
ARTICLE 21 - THE CONTRACT
Subject to the provisions of paragraph 4, the contract is formed when the customer accepts the offer and the conditions of the offer are fulfilled.
If the customer has accepted the offer electronically, the customer will immediately confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance by the website has not been confirmed, the customer may withdraw from the contract.
If the contract is concluded electronically, the Website will take appropriate technical and organisational measures to protect the electronic transmission of data and will ensure a secure web environment. If the Customer has the option of paying electronically, the Website will take appropriate security measures.
The Website may, within the limits of the law, enquire into the Customer's ability to fulfil his payment obligations, as well as all facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this examination, the merchant has good reason not to conclude the contract, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to performance.
The website will provide the customer with the following information no later than the delivery of the product, service or digital content, in writing or in such a way that the customer can store it in an accessible manner on a durable medium:
The visiting address of the contractor's establishment where the customer may lodge complaints;
the conditions and manner in which the customer may exercise his right of withdrawal or a clear statement on the exclusion of the right of withdrawal;
Information on existing guarantees and after-sales service;
the price, including taxes, of the product, service or digital content;
The cost of delivery, where applicable;
the method of payment, delivery or performance of the distance contract;
the conditions for terminating the contract if it is for more than one year or is open-ended;
if the customer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision of the previous paragraph only applies to the first delivery.
ARTICLE 22 - RIGHT OF WITHDRAWAL
In the event of delivery of the products:
When purchasing products, the customer has the option of cancelling the contract without giving any reason for a period of 14 days.
This withdrawal period begins on the day following receipt of the product by the customer or by a representative previously appointed by the customer and the website.
If :
The customer has ordered several products in the same order, the withdrawal period begins on the day on which the customer or a third party designated by the customer has received the last product. The professional may, provided that he has clearly informed the customer before the order process, refuse an order for several products with a different delivery period.
If the delivery of a product consists of several consignments or parts, the withdrawal period begins on the day on which the customer or a third party designated by the customer receives the last consignment or part;
If the agreement relates to the regular delivery of products over a given period, the withdrawal period begins on the day on which the customer or a third party designated by the customer receives the first product.
In the case of a service or digital content that is not provided on a physical medium:
In the case of a contract for the provision of services or a contract for the supply of digital content not provided on a physical medium, the customer has a period of fourteen days in which to withdraw from the contract without giving any reason. These fourteen days begin on the day following the conclusion of the contract.
Extended withdrawal period for products, services and digital content that are not supplied on a tangible medium, if no information on the right of withdrawal is provided:
If the website has not provided the customer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the initial cooling-off period set in accordance with the previous paragraphs of this article.
If the website has provided the customer with the information referred to in the previous paragraph within twelve months of the start of the initial cooling-off period, the cooling-off period expires fourteen days after the date on which the customer received this information.
During the cooling-off period, the customer shall take care of the product and its packaging. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If they exercise their right of withdrawal, they will return the product to the website with all the accessories provided and - if reasonably possible - in its original condition and packaging, in accordance with the website's reasonable and clear instructions.
If the Customer wishes to exercise his right of withdrawal, he must inform the Website within 14 days of receipt of the product. The Website must make this known using the standard form. Once the website has given notice of its intention to exercise the right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered product was returned within the deadline, for example by providing proof of dispatch.
ARTICLE 23 - COSTS ASSOCIATED WITH EXERCISING THE RIGHT OF WITHDRAWAL
In the event of exercising the right of withdrawal, only the cost of returning the goods shall be borne by the customer.
The website will reimburse the amount of the purchase as soon as possible and no later than 14 days after the withdrawal, by the same means used by the customer. This means requiring the return by the website or conclusive proof of full restitution.
Any depreciation of the product caused by negligent handling will be invoiced to the customer. This cannot be invoked if the customer has not provided all the information required by law concerning the right of withdrawal. This should be done prior to the conclusion of the sales contract.
ARTICLE 24 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
An exclusion of the right of withdrawal is only possible if the website has clearly indicated this at the time of submission of the offer or at least in good time before the conclusion of the contract and if it concerns one of the products listed in paragraphs 2 and 3.
Exclusion is only possible for the following products:
- Have been created by the website according to the customer's specifications.
- Are clearly of a personal nature.
- Which deteriorate or age rapidly.
- Whose price depends on fluctuations in the financial market over which the website has no influence.
- For individual newspapers and magazines.
- For audio and video recordings and computer software whose seal has been broken by the customer.
- Beauty and hygiene products for which the customer has broken the seal.
- Products benefiting from a special promotion.
Exclusion is only possible for the following services:
- Concerning accommodation, transport, catering or leisure activities that must be carried out on a specific date or during a specific period.
- Where delivery has begun with the customer's express agreement before the end of the cooling-off period.
- On bets and lotteries.
ARTICLE 25 - WARRANTY AND CONFORMITY
The Website guarantees that the products and/or services comply with the contract, the specifications indicated in the offer, the reasonable requirements of reliability and/or suitability for use and the legal provisions and/or administrative regulations in force at the time the contract is concluded. If so agreed, the Website also guarantees that the product is suitable for use other than normal use.
A warranty provided by the Website, the manufacturer or the importer does not affect the legal rights and remedies that the Customer may assert against the Website on the basis of the agreement. This includes any undertaking by the Website, its supplier, importer or manufacturer in which it grants the Customer specific rights or remedies which go beyond what it is legally bound to if it has not fulfilled its part of the contract.
Any defects or incorrectly delivered products must be notified to the website in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
The guarantee does not apply if :
The Customer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
The products delivered have been exposed to abnormal conditions or have been treated in some other way negligently or contrary to the instructions on the website and/or on the packaging;
The defect is wholly or partly the result of government regulations that have been or will be imposed on the nature or quality of the materials used.
ARTICLE 26 - DELIVERY AND PERFORMANCE
The Website takes the utmost care in receiving and executing orders for products and evaluating requests for services.
The place of delivery is the address that the customer has communicated to the website.
Our average delivery time is 5 to 20 days. Our dispatch time is 24-72 hours.
Subject to the provisions of paragraph 4 of this article, the website accepts orders promptly, but at the latest within 40 days, unless the customer has agreed to a longer delivery period. If delivery is delayed or if an order is not fulfilled or is only partially fulfilled, the customer will receive it no later than 40 days after the order was placed. In this case, the customer has the right to withdraw from the contract without penalty. The customer is not entitled to any compensation.
All delivery times are indicative. The customer may not derive any rights from any delivery times mentioned. Exceeding a deadline does not entitle the customer to compensation.
In the event of cancellation in accordance with paragraph 3 of this article, the operator shall refund the amount paid by the customer as soon as possible and at least within 14 days of the cancellation.
If delivery of an ordered product proves impossible, the operator will endeavour to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly indicated that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of returning the goods shall be borne by the website.
The risk of damage and/or loss of the products shall be borne by the website up to the time of handover to the customer or to a representative previously designated and communicated to the website's representative, unless expressly agreed otherwise.
Clothes size: The sizes indicated on our website are European sizes. However, it may happen that you receive your clothes in a different size. But don't worry! This is due to the fact that we source our clothing internationally and that sizes therefore sometimes differ from European sizes. It may therefore happen that your garment is a different size. If you receive an incorrect size, please do not hesitate to contact us!
ARTICLE 27 - TERM OF BUSINESS: DURATION, TERMINATION AND EXTENSION
Termination
The customer has the right to terminate an open-ended contract for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.
The customer has the right to terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period not exceeding one month from the end of the fixed term.
The customer may enter into the agreements referred to in the preceding paragraphs:
terminate at any time and not be restricted to termination on a specific date or during a specific period ;
terminate them in at least the same way as they were entered into;
always terminate with the same notice period as the Website has set for itself.
Extension
A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of dailies, weeklies or periodicals may be tacitly renewed for a maximum period of three months if the customer has the right to terminate the renewed contract before the expiry of the renewal period by giving a maximum of one month's notice.
A fixed-term contract concluded for the regular supply of products or services may only be automatically renewed for an indefinite period if the customer has the right to terminate the contract at any time by giving no more than one month's notice, and by giving no more than three months' notice if the contract is for the regular supply of daily newspapers, weekly newspapers or periodicals, but less than once a month.
A fixed-term contract for the regular delivery of trial newspapers, news and weeklies and magazines (trial or introductory subscription) does not continue tacitly and terminates automatically on expiry of the trial or introductory period.
Duration
If a contract lasts for more than one year, the customer may, after one year of agreement, terminate it at any time with a maximum of one month's notice, unless reasonable and fair grounds prevent termination before the end of the agreed term.
ARTICLE 28 - COMPLAINTS PROCEDURE
The Website must have an adequately communicated complaints procedure and deal with complaints in accordance with this complaints procedure.
Complaints concerning the performance of the contract must be submitted to the customer within a reasonable period of time after the customer has discovered the defects, in a complete and clearly described manner.
Complaints submitted to the merchant will receive a response within 14 days from the date of receipt. If a complaint requires a longer foreseeable processing time, the website will respond within 14 days by sending an acknowledgement of receipt and indicating when the customer can expect a more detailed response.
If the complaint cannot be resolved amicably, it becomes a dispute subject to the dispute resolution procedure.
ARTICLE 29 - DISPUTES
Contracts between the Website and the Customer to which these General Terms and Conditions apply shall be governed exclusively by Hong Kong law.
ARTICLE 30 - ADDITIONAL OR DEVIATING PROVISIONS
Any additional provisions or provisions derogating from these general terms and conditions must not be prejudicial to the customer and must be set down in writing or recorded in such a way that the customer can retain them in an accessible manner on a durable data medium.
ARTICLE 31 - CLOTHING, FOOTWEAR AND ACCESSORIES
Unfortunately, we do not take back clothes and shoes, as this has a devastating effect on our environment. If your garment does not fit, we will give you a 50% voucher so that you can order a larger size. We recommend that you give the original garment to a friend to avoid waste.
Here are some facts about why we took this decision:
- In 2018, according to the Environmental Protection Agency, 17 million tonnes of textile waste ended up in landfill, representing 5.8% of the total waste produced that year.
- According to the World Resources Institute, it takes 2,700 litres of water to make one cotton shirt.
- Textiles can take up to 200+ years to decompose in landfill sites.
As our products are shipped directly from the manufacturer, we are already making a significant contribution to protecting the environment. Accepting returns and the resulting waste of clothing, as well as the additional emissions caused by logistics, would not be in keeping with our mission: a better world.
ARTICLE 32 - SMS MARKETING
By consenting to SMS marketing from SWIFT DIGITAL SOLUTION LLC at checkout and by initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including checkout reminders), SMS marketing offers and transactional texts, including evaluation requests from us, even if your mobile number is registered on a state or federal do not call list. The frequency of messages varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply with STOP to any mobile message sent by us or use the unsubscribe link we have provided in any of our messages. You understand and agree that alternative methods of unsubscribing, such as using different words or requests, will not be considered a reasonable means of unsubscribing. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless service provider. Message and data rates may apply.
If you have any questions, please send the HELP message to the number that sent you the messages. You can also contact us at [LINK to our page] for more information.
We have the right to change any telephone number or short code we use to operate the service at any time. You will be notified of any such changes. You agree that any message you send to a telephone number or short code that we have changed, including any request for STOP or HELP, may not be received, and we will not be obliged to honour any requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be responsible for the failure, delay or misdirection of any information sent through the service, any errors in such information and/or any actions you may or may not take in reliance on the information or service.
Your right to privacy is important to us. You can consult our privacy policy (LINK to our privacy policy] to find out how we collect and use your personal information.
ARTICLE 33 - CONTACT DETAILS
Company name: ECOM STAR MEDIA LIMITED Company address: 99 Hennessy Road, Wan Chai, Hong Kong Island Hong Kong SAR
E-mail: contact@avigailshahar.com