Terms & Conditions
TERMS OF SERVICE
Article 1 – Definitions
The following definitions apply to these Terms of Service:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal.
Consumer: a 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: a calendar day.
Long-term transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.
Durable medium: any medium that allows the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer’s right 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: an agreement concluded between the entrepreneur and the consumer within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where 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: any means that can be used to conclude an agreement without the consumer and the entrepreneur being physically present in the same place at the same time.
Terms of Service: these Terms of Service of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Name: Elegant Clothing Limited
Email: admin@aurasoulboutique.com
Article 3 – Applicability
These Terms of Service apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these Terms of Service will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded where the Terms of Service can be consulted and will send them to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these Terms of Service may be made available to the consumer electronically before the conclusion of the contract in such a way that the consumer can store them in an accessible manner on a durable medium. If this is not reasonably possible, the entrepreneur will indicate where the Terms of Service can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
If, in addition to these Terms of Service, specific product or service conditions apply, those conditions will also be made available to the consumer. In the event of a conflict between these Terms of Service and any specific product or service conditions, the consumer may rely on the provision that is most favorable to them.
If one or more provisions of these Terms of Service are at any time wholly or partially void, invalid, or unenforceable, the remaining provisions will continue to apply. The invalid or unenforceable provision will be replaced by a valid provision that reflects the purpose and intent of the original provision as closely as possible.
Situations not expressly provided for in these Terms of Service shall be assessed in the spirit of these Terms of Service.
Any uncertainty regarding the interpretation or content of one or more provisions of these Terms of Service shall be interpreted in the spirit of these Terms of Service.
Article 4 – The Offer
If an offer has a limited period of validity 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 sufficiently detailed to enable the consumer to make a proper assessment of the offer.
If the entrepreneur uses images, these will represent the products and/or services offered as accurately as reasonably possible. Obvious mistakes or clear errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot serve as grounds for compensation or termination of the contract.
The entrepreneur cannot guarantee that the colors displayed on the consumer’s screen correspond exactly to the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer, including in particular:
- the price, inclusive of all applicable taxes and charges;
- any shipping costs, if applicable;
- the manner in which the contract is concluded and the steps required to do so;
- whether or not the right of withdrawal applies;
- the terms of payment, delivery, and performance of the contract;
- the period for accepting the offer or the period during which the entrepreneur guarantees the price;
- any applicable distance communication charges, if charged differently from the regular basic rate;
- whether the contract will be filed after conclusion and, if so, how it can be accessed by the consumer;
- the manner in which the consumer can check and correct the information they provided before concluding the contract;
- the languages in which the contract can be concluded;
- any applicable codes of conduct and the manner in which the consumer can consult these electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.
Optional product information may include available sizes, colors, materials, and other relevant product specifications.
Article 5 – The Contract
The contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may withdraw from 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 will ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within the limits of the law, investigate whether the consumer is able to fulfill their payment obligations, as well as any facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, the entrepreneur is entitled to refuse an order or request, or to attach special conditions to its performance, stating the reasons.
The entrepreneur will provide the consumer with the following information, in writing or in a way that can be stored by the consumer in an accessible manner on a durable medium:
- the address where the consumer may submit complaints;
- the conditions and procedures for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about existing guarantees and after-sales service;
- the information referred to in Article 4 of these Terms of Service, unless the entrepreneur has already provided this information before the performance of the contract; and
- the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
In the case of a long-term transaction, the above provision applies only to the first delivery.
Each agreement is concluded subject to sufficient availability of the products concerned.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to terminate the contract without giving reasons for a period of 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.
During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it.
If the consumer exercises their right of withdrawal, they must return the product to the entrepreneur with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification must be made in writing or by email.
After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must be able to prove that the goods were returned on time, for example by means of proof of shipment.
If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the applicable period, or has not returned the product within the applicable period, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid any amount, the entrepreneur will refund this amount as soon as possible, and no later than 14 days after the withdrawal. The entrepreneur may withhold reimbursement until the product has been received or until the consumer has provided conclusive proof that the product has been returned.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products and services, provided this exclusion is clearly stated in the offer in good time before the conclusion of the contract.
The right of withdrawal may be excluded for products:
- created by the entrepreneur according to the consumer’s specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that deteriorate or expire rapidly;
- whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
- consisting of individual newspapers or magazines;
- consisting of audio or video recordings or computer software where the consumer has broken the seal; or
- consisting of hygiene products where the consumer has broken the seal.
The right of withdrawal may be excluded for services:
- relating to accommodation, transport, catering, or recreational activities to be performed on a specific date or during a specific period;
- where delivery has begun with the consumer’s express consent before the expiry of the withdrawal period; or
- relating to betting and lotteries.
Article 9 – The Price
During the period of validity 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 applicable tax rates or legal requirements.
The entrepreneur may offer products or services with variable prices where such prices are subject to fluctuations in the financial market beyond the entrepreneur’s control. The offer will clearly state that the prices are variable and indicative.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.
Price increases more than 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- the increase results from legal regulations or provisions; or
- the consumer has the right to withdraw from the contract on the day the price increase takes effect.
All prices displayed on the website are the final prices the consumer will pay. Shipping is provided free of charge on all orders, unless otherwise stated. No additional taxes, duties, import fees, or other charges will be applied at any point during or after the purchase. The price shown at checkout is the total amount due.
All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of such errors. In the event of a printing or typing error, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity 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 usability, and the applicable legal provisions and/or government regulations in force on the date the contract is concluded.
If agreed, the entrepreneur also guarantees that the product is suitable for a use other than normal use.
Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.
Defective 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, where reasonably possible.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period, where applicable. However, the entrepreneur is not responsible for the final 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 has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or handled negligently or contrary to the entrepreneur’s instructions and/or packaging; or
- the defect is wholly or partly the result of rules imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Implementation
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
Subject to Article 4 of these Terms of Service, the entrepreneur will execute accepted orders promptly and no later than 30 days after the order is placed, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be informed no later than 30 days after the order was placed. In such case, the consumer has the right to terminate the contract without incurring costs and may be entitled to compensation where applicable.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible and no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will make reasonable efforts to provide a substitute item. At the latest upon delivery, it will be clearly stated that a substitute item is being delivered. In the case of substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment for substitute items shall be borne by the entrepreneur.
The risk of damage to and/or loss of the products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration of Transactions: Termination and Extension
Termination
The consumer may terminate an open-ended contract concluded for the regular supply of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract concluded for the regular supply of products or services at the end of the agreed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to above:
- at any time, without being limited to termination at a specific time or during a specific period;
- in at least the same manner in which the contract was concluded; and
- with the same notice period that the entrepreneur has established for themselves.
Extension
A fixed-term contract for the regular supply of products or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months, provided the consumer may terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.
A fixed-term contract for the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a notice period of no more than one month. In the case of a contract for the regular supply of daily newspapers or magazines, the notice period may be no more than three months.
A limited-term contract for the regular supply of daily newspapers or magazines, including trial or introductory subscriptions, will not be tacitly continued and will end automatically after the trial or introductory period.
Duration
If a contract lasts for more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the start of the cooling-off period referred to in Article 6. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer must immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge reasonable costs that have been communicated to the consumer in advance.
Article 14 – Complaints Procedure
Complaints regarding the performance of the contract must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects. Complaints must be submitted in a complete and clearly described manner.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer 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 that is subject to the applicable dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is deemed valid by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Governing Law
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of HK.
Entity Information
Elegant Clothing Limited
SUITE C, LEVEL 7, WORLD TRUST TOWER, 50 STANLEY STREET, CENTRAL, HONG KONG
Company Number: 77749964