Terms and conditions
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 not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur
Day: calendar day;
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 offering products and/or services to consumers at a distance
Distance contract: an agreement under which, within the framework of a system organised 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: Nizra Limited
Address: FLAT/RM A 12/F ZJ 300 300 LOCKHART RD WAN CHAI HONGKONG
E-mail: contact@purevesta.com
Business Registration Number: 69433311
Article 3 - Applicability
These general terms and conditions apply to every offer made by 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 remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If, contrary to the previous paragraph, the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In case specific product or service conditions apply in addition to these general terms and conditions, the provisions in paragraphs 2 and 3 apply accordingly and the consumer can always rely on the provision that is most favourable to him in case of conflicting general terms and conditions.
If one or more of the provisions in these general terms and conditions should at any time be wholly or partially void or nullified, the other provisions of these general terms and conditions shall remain in full force and the provision in question shall immediately be replaced in mutual consultation by a provision that approximates the purport and purpose of the original provision as closely as possible.
Situations not provided for in these General Terms and Conditions must be assessed in the spirit of these General Terms and Conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our General Terms and Conditions are to 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 explicitly stated in the offer.
The offer is without obligation. The entrepreneur is authorised to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
The images accompanying the products are a true representation of the products on offer. The entrepreneur cannot guarantee that the colours shown do exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular to
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 regulation for postal and courier services on import. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal or courier service collects VAT (together with any customs clearance charges) from the recipient of the goods;
any shipping costs;
the way the contract is established and the measures required to do so;
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 trader guarantees the price
the level 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 conclusion and, if so, in what way it can be consulted by the consumer;
the manner in which the consumer can check and, if necessary, repair the data provided by him pursuant to the agreement before the agreement is concluded;
any other languages in which the agreement 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 case of a fixed-term contract.
Optional: available sizes, colours, types of material.
Article 5 - The contract
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
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 concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - 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 remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, if applicable, clear information about being exempted from the right of withdrawal
the information on guarantees and existing customers
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the contract without giving reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated 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 trader with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he shall notify the entrepreneur within 14 days of receiving the product. The consumer must make this known by means of a written notification/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, e.g. by means of proof of dispatch.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the product are at his expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after revocation. The condition is that the product has already been returned to the entrepreneur or that sufficient 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 the products described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, or at least in good time before concluding the contract.
The exclusion of the right of withdrawal is only possible for products
that have been created by the trader in accordance with the consumer's specifications
that are clearly of a personal nature
that cannot be returned due to their nature
that spoil or age quickly
whose price depends on fluctuations in the financial market that are beyond the Entrepreneur's control;
for individual newspapers and magazines;
for audio- and video recordings and computer software of which the consumer has broken the seal.
for hygiene articles of which the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services
accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
whose delivery has begun with the consumer's express consent before the withdrawal period has expired;
betting and lotteries.
Article 9 - The prize
During the validity period stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be stated with 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 it and
they are the result of legal regulations or stipulations; or
the consumer is authorised 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 Value Added Tax Act 1968 is the country where transport begins. In the present case, this delivery takes place outside the EU. Then, the postal or courier service collects import VAT or handling charges from the customer. Consequently, the trader does not charge VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at 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 trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract.
Defective or wrongly delivered products should be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's guarantee period corresponds to the manufacturer's guarantee 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 adjusted the delivered products himself or had them repaired and/or adjusted by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is entirely or partially the result of regulations issued or to be issued 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 product orders.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery.
Article 12 - Duration transactions: duration, termination and extension
Termination
The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to the applicable termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract 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 period of notice that does not exceed one month.
The consumer can terminate the agreements mentioned in the previous paragraphs
terminate at any time and not be limited to termination at a specific time or in a specific period;
at least terminate them in the same way as they were concluded by him;
always terminate with the same notice period that the entrepreneur has set for himself.
Extension
A fixed-term contract that has been entered into for the regular supply of products (including electricity) or the provision of services cannot be tacitly extended or renewed for a fixed term.
In deviation from the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular supply of goods or services may be tacitly extended for an indefinite period of time only if the consumer may terminate the contract at any time giving not more than one month's notice; the period of notice may not exceed three months if the contract is for the regular, but less than monthly, supply of daily, news and weekly newspapers.
A fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
For 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 reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts due by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.
Article 14 - Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, 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 foreseeably longer processing time, the entrepreneur will respond 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 which 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 found by the entrepreneur to be justified, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Hong Kong law applies. Even if the consumer lives abroad.