Terms and conditions

Terms and conditions

This website is operated by Couture-adelaide.com. Throughout the site, the terms “we”, “us”, “our” and “operator” refer to Couture-adelaide.com. Couture-adelaide.com 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 our site and/or purchasing anything from us, you agree to our “Service” and agree to be bound by the following terms and conditions of service (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, suppliers, customers, vendors and/or content contributors.

Please read these Terms of Service carefully before accessing or using our site. By visiting or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you will not be able to access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store are also subject to the Terms of Service. You can view the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you represent that you are at least of legal age in the state or province in which you reside, or that you are of legal age in the state or province in which you reside and that you have given us your permission to allow all of your minor family members to use this site.
You may not use our products for illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.
You may not transmit worms or viruses or any code of a destructive nature.
A violation or breach of any of the Terms will result in immediate termination of your Services.

We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding credit card data) may be transmitted unencrypted and may include (a) transmissions over different networks; and (b) modifications to meet and adapt to the technical requirements of connecting networks or devices. Credit Card Data will always be encrypted during transfers over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is offered, without express written permission from us .
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions shall apply:

Grace period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: 01-10-2022

Duration 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 medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

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 distance products and/or services to consumers;

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 an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

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

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Company name: AK Ecom Limited
Chamber of Commerce number: 76576724
VAT registration number: n/a
Email address: info@couture-adelaide.com
Company address: RM03, 24/F, HO KING COMM CTR, 2-16 FAYUEN ST, MONG KOK HONG KONG

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between 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 conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically 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 conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.

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 rely on the applicable provision that is most favorable to him.
If one or more provisions in these general conditions at any time wholly or partially void or destroyed, then the agreement and these conditions for the rest remain in force and the provision concerned will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
Situations not provided for in 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 terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

ARTICLE 4 - THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

The offer is without obligation. 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 enable 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 images, specifications and data 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. Operator can not guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

the price, excluding customs clearance charges and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special regulation for postal and courier services with regard to imports. This regulation applies if the goods are imported into the EU country of destination, which is the case in the present case. The postal and/or courier service collects the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;
any shipping costs;
the way in which the contract will be concluded and what actions are required for that purpose;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;

the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify it;
any languages other than Dutch in which the agreement can 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 case of a duration transaction.
Optional: available sizes, colors, type of materials.

ARTICLE 5 - THE AGREEMENT

The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may - within legal 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 grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating his reasons.

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

1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information on guarantees and existing after-sales service;
4. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

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

Every contract is entered into under the suspensive conditions of sufficient availability of the relevant products.

ARTICLE 6 - RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the reflection period, the consumer will handle the product and its 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 he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if 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 use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.

If the customer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiration of the periods 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 products are for the consumer's 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 the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence of complete return can be presented.

ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL

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

Exclusion of the right of withdrawal is only possible for products

1. that have been created by the entrepreneur according to specifications of the consumer;
2. that are clearly personal in nature;
3. Which by their nature can not be returned;
4. Which spoil or age quickly;
5. whose price is subject to fluctuations in the financial market that are beyond the Entrepreneur's control;
6. For individual newspapers and magazines;
7. For audio and video recordings and computer software of which the consumer has broken the seal.
8. for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

1. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
2. Of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
3. Regarding betting and lotteries.

ARTICLE 9 - THE PRICE

I reserve the right to change the prices of the products and/or services offered during the validity period stated in the offer, including as a result of changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

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

1. they are the result of statutory regulations or provisions; or
2. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

Pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968, the place of supply takes place in the country where transport commences. In the present case, this supply takes place outside EU. Accordingly, the postal or courier service will collect import VAT or clearance charges from the customer. Therefore no VAT will be charged by the entrepreneur.

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

ARTICLE 10 - CONFORMITY AND WARRANTY

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees 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 under the agreement can assert against the entrepreneur.

 

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Return of the products must be in the original packaging and in new condition.

The warranty period of the entrepreneur 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 guarantee does not apply if:

The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;

The inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

ARTICLE 11 - PERSONAL INFORMATION

Your submission of personal information through the Store is subject to our Privacy Policy. To view our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS.

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on any related website is incorrect at any time and without notice (including after you have placed your order). .

We have no obligation to update, modify or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or renewal date may be applied in the Service or on any related website to indicate that any information in the Service or on any related website has been changed or updated.

SECTION 13 - CHANGES TO TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.