Terms and Conditions

Article 1 - Definitions

The following definitions apply to these General Terms and Conditions:

  • Cooling-off Period: The period within which the consumer can exercise their right of withdrawal.

  • Consumer: The natural person who acts for purposes that are outside their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur.

  • Day: Calendar day; 13-12-2022.

  • Continuous Transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is staggered over time.

  • Durable Medium: Any means that allows the consumer or entrepreneur to store personal information addressed to them in a way that makes future retrieval and unchanged reproduction of the information possible.

  • Right of Withdrawal: The consumer’s ability to cancel the distance contract within the cooling-off period.

  • Entrepreneur: The natural or legal person who offers goods and/or services to the consumer in a distance selling context.

  • Distance Contract: An agreement concluded under an organized distance selling system for goods and/or services where, up to and including the conclusion of the contract, only one or more distance communication techniques are used.

  • Distance Communication Technique: Means that can be used to conclude a contract without requiring the consumer and entrepreneur to be in the same location.

  • General Terms and Conditions: These general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

  • Company Name: 
    HK EMPIRE TRADE SOLUTIONS LIMITED
    SUITE C, LEVEL 7, WORLD TRUST
    TOWER, 50 STANLEY STREET,
    CENTRAL
    HONG KONG
  • Email: info@isabellamae.uk
  • Contact Form: Click here

Article 3 - Applicability

These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract and order concluded 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, it will be indicated before the conclusion of the distance contract that the general terms and conditions are available for inspection at the entrepreneur's business premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon request.

If additional product or service-specific terms and conditions apply, paragraphs 2 and 3 will apply accordingly. In the event of a conflict between the general terms and conditions, the consumer can always rely on the most favorable applicable provision.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the remaining provisions of the contract and these general terms and conditions will remain in effect, and the relevant provision will be replaced immediately by a provision that most closely aligns with the original provision's purpose.

Matters not covered by 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 general terms and conditions will 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 must be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a basis for compensation or dissolution of the agreement.

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

Each offer contains such information that the consumer understands what rights and obligations are attached to accepting the offer. This includes:

  • The price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s expense and risk. The postal and/or courier service applies the special regulations for postal and courier services on imports. This regulation applies when the goods are imported into the EU destination country, which is the case here. The postal and/or courier service charges the recipient of the goods VAT (possibly together with customs clearance fees).

  • Any shipping costs.

  • The manner in which the contract is concluded and the actions required for that.

  • Whether the right of withdrawal applies or not.

  • The terms for payment, delivery, and performance of the contract.

  • The deadline for accepting the offer or the period within which the entrepreneur guarantees the price.

  • The amount of the distance communication tariff if the cost of using the distance communication technique is calculated on a basis other than the regular base rate for the communication medium used.

  • Whether the contract will be archived after its conclusion and, if so, how the consumer can access it.

  • The manner in which the consumer can review and, if desired, correct the details provided by them before the conclusion of the contract.

  • The languages other than Dutch in which the contract can be concluded.

  • The codes of conduct to which the entrepreneur is subject and how the consumer can view these codes of conduct electronically.

  • The minimum duration of the distance contract in the case of a contract for a fixed period.

  • Optional: available sizes, colors, type of materials.

Article 5 - The Agreement

Subject to the provisions in paragraph 4, the contract is concluded when the consumer accepts the offer and fulfills the conditions set out in the offer.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take suitable technical and organizational measures to protect the electronic data transmission and ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur will observe suitable security measures.

Within the legal framework, the entrepreneur can investigate whether the consumer can meet their payment obligations and all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to conclude the contract based on this investigation, they are entitled to reject an order or request or to attach special conditions to its fulfillment with an explanation.

The entrepreneur will provide the consumer with the following information with the product or service, either in writing or in a manner that allows the consumer to store it on a durable medium:

  • The address of the entrepreneur's business office where the consumer can submit complaints.
  • The terms and methods by which the consumer can exercise their right of withdrawal or clear information about the exclusion of the right of withdrawal if applicable.
  • Information about existing warranties and customer service.
  • The information referred to in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the contract is fulfilled.
  • The conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration. For a contract for a fixed term, the provision of the previous sentence applies only to the first delivery.

Each contract is concluded under the condition of the sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract without giving reasons within a period of 30 days. This cooling-off period begins the day after the consumer or a previously designated and notified representative receives the product.

During the cooling-off period, the consumer will handle the product and its 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 delivered accessories and, if possible, in its original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.

To exercise the right of withdrawal, the consumer must inform the entrepreneur within 30 days of receiving the product. This notification must be made in writing or by email. After notifying the intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the delivered goods were returned in a timely manner, such as a shipping receipt.

If the consumer has not stated that they wish to exercise their right of withdrawal or has not returned the product within the deadlines mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 - Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the product 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 the withdrawal. This is provided that the product has already been received by the entrepreneur or that sufficient proof of the complete return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least in good time before the contract is concluded.

Exclusions from the right of withdrawal are only possible for products:

  • Made to the consumer’s specifications.
  • Clearly personal in nature.
  • Which cannot be returned due to their nature.
  • That spoil quickly or have a limited shelf life.
  • Whose price is subject to fluctuations in the financial market beyond the entrepreneur's control.
  • Individual newspapers and magazines.

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 due to changes in VAT rates.

Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or stipulations.

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

  • They are the result of statutory regulations or stipulations.
  • The consumer has the authority to cancel the contract with effect from the date the price increase takes effect.

Prices mentioned in offers of products or services include VAT.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, and the reasonable requirements of usability and/or reliability.

An additional warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur has failed to fulfill their part of the contract.

Article 11 - Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address the consumer has provided to the entrepreneur.

With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed upon.

If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed of this no later than 30 days after placing the order. The consumer has the right to terminate the contract without cost and has the right to any compensation.

In the event 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 the dissolution.

If the entrepreneur has provided a delivery period, this is indicative. The consumer cannot derive any rights from the period, except in the case of intent or gross negligence.

If the entrepreneur requires additional information from the consumer to execute the order, the delivery time will be extended by the time required to provide the information.

Article 12 - Payment

The consumer must make the payment according to the agreed method. This may involve prepayment, bank transfer, or other agreed-upon payment methods.

If prepayment has been agreed upon, the consumer must make the payment within the stipulated period after the conclusion of the contract.

The consumer is obliged to notify the entrepreneur of any inaccuracies in the provided or stated payment details.

If the consumer defaults on payment, the entrepreneur is entitled to charge reasonable collection costs incurred.

Article 13 - Complaints Procedure

The entrepreneur has a complaints procedure in place and handles complaints in accordance with this procedure.

Complaints about the fulfillment of the contract must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a message confirming receipt and an indication of when the consumer can expect a more detailed answer.

Article 14 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed by Dutch law.

Disputes arising from these contracts will be exclusively submitted to the competent court in the Netherlands.

Article 15 - Additional or Different Terms

Additional or different terms to these general terms and conditions can only be made if they are to the benefit of the consumer and do not affect the consumer’s legal rights.