Terms and conditions
Article 1 - Definitions.
In these terms and conditions, the following definitions apply:
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Extended transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being 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
info@rosemilia.com
Company name: SPK COMMERCIAL LIMITED
VAT registration number: 76227842
Customer service: Monday - Friday from 9:00 a.m. to 8:00 p.m.
SUITE C, LEVEL 7, WORLD TRUST TOWER 50 STANLEY STREET, CENTRAL HONG KONG
Customer service number: +66 94 706 4696
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible at his request.
If the distance contract is concluded electronically, the text of these general terms and conditions will, notwithstanding the previous paragraph and before the distance contract is concluded, be made available electronically to the consumer in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always invoke the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions at any time wholly or partially invalid or destroyed, then the agreement and these conditions for the rest remain in force and the relevant provision shall be replaced by mutual agreement without delay by a provision that the scope of the original as close as possible.
Situations that are not foreseen in these terms and conditions shall be assessed ‘in the spirit’ of these terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is subject to change. The entrepreneur is entitled to change 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All pictures, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The operator can not guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:
The price, excluding customs clearance costs and import turnover tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services with regard to imports. This regulation applies when the goods are imported into the country of destination in the United Kingdom , which is the case here. The postal and/or courier service collects the VAT (together with the customs clearance fees, if applicable) from the recipient of the goods;
any shipping costs;
the way in which the contract is concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the level of the distance communication tariff, if the costs of using the distance communication technique are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement will be archived after it has been concluded and, if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the information provided by him under the contract and, if desired, restore it;
any languages other than English in which the contract may be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a contract with a duration.
Optional: available sizes, colours, type of materials.
Article 5 - The agreement
The contract is, subject to the provisions of paragraph 4, concluded at the moment the consumer accepts the offer and the conditions set out therein are met.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure internet environment. If the consumer is able to pay electronically, the trader will take appropriate security measures.
The trader may, within statutory frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, stating reasons.
The entrepreneur will provide the consumer with 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 medium
the contact address of the entrepreneur's place of business where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer before concluding the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the event of a fixed-term transaction, the stipulation in the previous paragraph shall only apply to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and announced to the entrepreneur.
During the cooling-off period, the consumer will treat the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises his right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he shall notify the entrepreneur of this within 14 days of receipt of the product. The consumer must communicate this in the form of a written message/e-mail. After the consumer has communicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that he has returned the delivered goods in time, for example by means of proof of shipment.
If the customer has not expressed his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the deadlines mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the goods are for his account.
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. The prerequisite for this is that the product has already been received by the entrepreneur or conclusive proof of complete return can be submitted.
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 applies only if the entrepreneur has clearly pointed this out in the offer, at least in good time before the conclusion of the contract.
An exclusion of the right of withdrawal is only possible for products
that have been manufactured by the entrepreneur according to the consumer's specifications;
are clearly of a personal nature;
cannot be returned due to their nature;
are liable to deteriorate or expire rapidly;
whose price is subject to fluctuations in the financial market that are beyond the trader's control;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygiene items whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services
concerning accommodation, transport, the restaurant industry or leisure activities to be provided on a specific day or during a specific period;
where delivery has begun with the consumer's express consent before the end of the withdrawal period;
for bets and lotteries.
Return fee policy: Customers are advised to contact the company in advance to arrange the return and discuss any questions or concerns. The company reserves the right to refuse or delay returns if the returned items are damaged, used or not in their original packaging.
Article 9 - Price
During the period of validity indicated 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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that the prices mentioned are indicative will be stated in the offer.
Price increases within three months of the conclusion of the contract are only permissible if they arise from statutory regulations or provisions.
Price increases from three months after the conclusion of the contract are only permissible if the entrepreneur has stipulated them and:
they arise from statutory regulations; or
the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
The place of delivery within the meaning of Article 5 (1) of the 1968 VAT Act is in the country in which the transport begins. In the present case, this delivery takes place outside the UK. Accordingly, the postal or courier service will collect the import sales tax or the clearance fees from the customer. Therefore, no VAT is charged by the entrepreneur.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and warranty
The entrepreneur warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force at the time of the conclusion of the contract. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
the products supplied have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the entrepreneur's instructions and/or have been handled on the packaging;
the inadequacy is wholly or partly the result of regulations that the state has issued or will issue regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed of this no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract at no cost and with no 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 delivery of an ordered product proves impossible, the entrepreneur will endeavour to deliver a replacement item. At the latest upon delivery, clear and comprehensible notification will be provided that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Duration of transactions: duration, termination and renewal
Termination
The consumer may terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of goods (including electricity) or services at any time in accordance with the agreed termination rules and with a notice period of up to one month.
The consumer may terminate a contract with a fixed term that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, in accordance with the applicable termination rules and a notice period of no more than one month.
The consumer may terminate the contracts mentioned in the previous paragraphs at any time:
terminate at any time and not be limited to a specific time or period;
at least in the same way as he concluded it
always terminate with the same notice period that the entrepreneur stipulated for himself.
Renewal
A fixed-term contract that has been concluded for the regular delivery of goods (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily newspapers and weekly magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this extended contract by the end of the extension with a notice period of no more than one month.
A fixed-term contract that has been concluded for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract covers the regular, but less than once-a-month, delivery of daily newspapers, news and weekly magazines.
A fixed-term contract for the regular delivery of trial newspapers, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
In the case of contracts with a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless termination before the end of the agreed term is not permitted for reasons of reasonableness and fairness.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days following the commencement of the reflection period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that have been made known in advance.
Article 14 - Complaints
Complaints about the implementation of the contract must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is considered justified by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Thai law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer is resident abroad.