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Article 1 - Definitions
These Terms and Conditions contain the following definitions:
Withdrawal Period: The period within which a consumer has the right to withdraw from a distance contract.
Consumer: A natural person who does not conduct business or professional activities and enters into a distance contract with an entrepreneur. The consumer is the other party to the contract and is entitled to consumer rights and protection.
Day: A calendar day comprising 24 hours.
Fixed-Term Transaction: A distance contract covering a series of products and/or services where the delivery and/or purchase obligations are spread over time.
Durable Medium: Any medium that allows the consumer or entrepreneur to store personal identification information in such a way that the stored information can be later reviewed and reproduced without modification.
Right of Withdrawal: The consumer’s right to withdraw from a distance contract within the withdrawal period.
Entrepreneur: A natural or legal person that supplies goods and/or services to consumers through a distance contract. The entrepreneur is the other party to the contract and sells or offers products or services remotely.
Distance Contract: A contract where the entrepreneur organizes the sale of products and/or services remotely using distance communication technologies. The contract is concluded without the consumer and entrepreneur being in the same location at the same time.
Distance Communication Technology: Any means that can be used to conclude a contract without the consumer and entrepreneur physically meeting in the same place.
General Terms and Conditions: The entrepreneur's current general business terms and conditions.
Article 2 - Identity of the Entrepreneur
Organization: NDRECOMMERCE LIMITED
Company Name: Irena Boutique
Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central
Hong Kong
✉️ Email: support@irena-boutique.com
Company Number: 76281632
Article 3 - Application
These general terms apply to all offers made by the entrepreneur and to all distance contracts and orders between the entrepreneur and the consumer.
Before concluding a distance contract, these general terms must be provided to the consumer. If this is not reasonably possible, the consumer must be informed before concluding the distance contract that the general terms are available at the entrepreneur's premises and will be sent free of charge upon request.
If the distance contract is concluded electronically, these general terms must be made available to the consumer electronically before the contract is concluded. The consumer must be able to store the terms on a durable medium in an easily accessible way. If this is not reasonably possible, the consumer must be informed where the general terms can be accessed electronically and that they will be provided free of charge upon request.
If specific product or service conditions apply in addition to these general terms, the second and third paragraphs apply accordingly. In the event of conflicting terms, the consumer-friendly provision prevails.
If any provision of these general terms is deemed invalid or void in whole or in part at any time, the agreement and these terms remain in effect. In such a case, the invalid provision will be replaced by a mutually agreed term that closely aligns with the original intent.
Situations not explicitly covered by these General Terms will be assessed according to the spirit of these Terms. Any ambiguities regarding interpretation or content will also be resolved according to the spirit of these terms.
Article 4 - Offer
If an offer has a limited duration or is subject to conditions, this must be clearly stated.
The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.
The offer must include a complete and accurate description of the offered products and/or services. The description should be detailed enough to allow the consumer to make an informed decision. If the entrepreneur uses images, they must accurately reflect the offered products and/or services. The entrepreneur is not bound by obvious errors or mistakes in the offer.
All illustrations, specifications, and details in the offer are for guidance only and cannot serve as grounds for compensation or contract termination.
Product images are a true representation of the offered products. However, the entrepreneur cannot guarantee that displayed colors precisely match the actual product colors.
The offer must include information explaining consumer rights and obligations when accepting the offer, including the total price (excluding customs clearance fees and import VAT, which remain the customer's responsibility).
Article 5 - Agreement
Subject to paragraph 4, the agreement becomes effective when the consumer accepts the offer and meets the specified conditions.
If the consumer accepts the offer electronically, the entrepreneur must confirm the acceptance electronically without delay. Until the entrepreneur confirms the acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure online environment. If the consumer makes electronic payments, the entrepreneur must provide appropriate security measures.
The entrepreneur has the right to verify whether the consumer can meet payment obligations and assess other relevant factors for responsible contract conclusion. If the entrepreneur has a legitimate reason not to conclude the contract, they may refuse an order or attach specific conditions.
Upon product or service delivery, the entrepreneur must provide the consumer with the following in writing or via a durable medium:
The entrepreneur’s business address for consumer complaints.
The terms and process for exercising the right of withdrawal or clear notice of exclusion.
Information on warranties and after-sales services.
Details specified in Article 4(3) unless already provided before the contract execution.
Requirements for contract termination if the duration exceeds one year or is indefinite.
For ongoing transactions, the provisions of the previous paragraph apply only to the first delivery.
The contract is subject to product availability. If the ordered product is unavailable, the entrepreneur will attempt to contact the customer up to three times. If no response is received, the closest available size or color will be shipped.
If there are address issues, the entrepreneur will contact the customer up to three times. If the customer does not respond, it is their responsibility to contact the entrepreneur to find a solution.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the contract within 14 days without providing any reason. The withdrawal period begins on the day after the consumer or their designated representative receives the product.
During the withdrawal period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it.
If the consumer exercises the right of withdrawal, they must return the product to the entrepreneur, including all provided accessories, in its original condition and packaging where practically possible, following the entrepreneur’s reasonable and clear instructions.
The consumer must notify the entrepreneur of their intention to withdraw within 30 days of receiving the product. Notification must be in writing or via email. Once the consumer notifies the entrepreneur of their intention to withdraw, they have 14 days to return the product. If necessary, the consumer must provide proof that the product was returned on time, such as a shipping receipt.
If the consumer does not notify the entrepreneur of their intention to withdraw or does not return the product within the specified deadlines, the purchase agreement remains valid.
Article 7 - Costs of Withdrawal
If the consumer exercises the right of withdrawal, they bear the cost of returning the products.
The entrepreneur must refund the consumer’s payment as soon as possible, but no later than 30 days after withdrawal. This assumes the product has been received back. The entrepreneur may require a signed receipt or other convincing proof that the product was returned in full before processing the refund.
If delivery fails, and the customer does not collect the order or refuses reshipment, no refund can be issued.
Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal in specific cases, provided that the following conditions are met:
The entrepreneur clearly stated the exclusion of the right of withdrawal in the offer, well before the contract was concluded.
The exclusion of the right of withdrawal applies only to certain products or services.
For products, the right of withdrawal may be excluded in the following cases:
The entrepreneur produced the product according to the consumer’s specifications.
The product has a clearly personal nature.
The product cannot be returned due to its nature, such as hygiene products sealed by the consumer.
The product deteriorates quickly or has a limited shelf life.
The product price fluctuates in financial markets beyond the entrepreneur’s control.
Single newspapers and magazines.
Sealed audio and video recordings and computer software that have been unsealed by the consumer.
For services, the right of withdrawal may be excluded in the following cases:
The service concerns accommodation, transport, catering, or leisure activities to be provided on a specific date or within a specific period.
The service has already started, with the consumer’s explicit consent, before the withdrawal period expires.
The service concerns betting or lotteries.
Article 9 - Price
The prices of goods and services offered during the validity period of the offer generally remain unchanged, except for VAT rate changes. However, in deviation from the above, the entrepreneur may offer products or services whose prices are subject to fluctuations in financial markets beyond the entrepreneur’s control. These prices may vary, as indicated in the offer. The offer must clearly state the connection to price fluctuations and indicate that all prices are target prices.
Price increases are allowed only within three months of concluding the contract if they result from statutory regulations or provisions. After this period, price increases are permitted only if the entrepreneur has notified the consumer and they have the right to terminate the contract on the date the price increase takes effect.
According to Article 5(1) of the 1968 Sales Tax Act, delivery takes place in the country where transport begins. If delivery occurs outside the EU, for example, via mail or courier, the customer may be required to pay import VAT or customs duties. In this case, the seller does not charge VAT.
All prices are subject to typographical errors, and the entrepreneur is not liable for any printing errors. The entrepreneur may accept or reject orders in cases of printing errors.
Article 10 - Compliance and Warranty
The entrepreneur guarantees that the products and services comply with the contract, the characteristics stated in the offer, and reasonable requirements for reliability and usability, as well as legal and regulatory provisions in effect at the time of the contract. If agreed, the entrepreneur may also guarantee that the product is suitable for purposes beyond normal use.
The entrepreneur, manufacturer, or importer’s warranty does not affect the consumer’s rights and claims under the law and contract.
If a product is defective or incorrectly delivered, the entrepreneur must be notified in writing within 14 days of delivery. The returned product must be in its original packaging and in the same condition as new.
The entrepreneur’s warranty period is the same as the factory warranty period, meaning the entrepreneur guarantees the product for the same duration as the factory warranty. However, the entrepreneur is not responsible for the final suitability of the products for individual consumer use and does not provide advice on product use or application.
The warranty becomes void if:
The consumer independently repairs or modifies the delivered products or has them repaired or modified by a third party.
The defect results entirely or partially from government regulations or future requirements concerning the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur must take the utmost care in processing and fulfilling product orders.
Subject to Article 4 of these General Terms, the entrepreneur will execute accepted orders promptly and no later than 30 days unless a longer delivery period is agreed upon by the consumer.
If delivery is delayed or if the order cannot be fulfilled or only partially fulfilled, the consumer must be informed no later than 30 days after placing the order. In this case, the consumer has the right to withdraw from the contract without additional costs and claim damages.
In the event of withdrawal based on the above conditions, the entrepreneur must refund the amount paid by the consumer as soon as possible, but no later than 14 days after withdrawal.
If delivery of the ordered product is impossible, the entrepreneur will attempt to supply a replacement product. The consumer will be informed clearly and understandably that a replacement product is being supplied. The consumer retains the right to withdraw from the contract in the case of a replacement product, and withdrawal cannot be excluded. The cost of returning the replacement product is borne by the entrepreneur.
The risk of damage and/or loss of products remains with the entrepreneur until the products are delivered to the consumer or their designated representative, unless explicitly agreed otherwise.
Article 12 - Ongoing Transactions: Duration, Termination, and Renewal
Termination of Agreement A consumer may terminate an agreement concluded for an indefinite period regarding the regular supply of goods (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month. An agreement concluded for a fixed period concerning the regular supply of goods (including electricity) or services may be terminated by the consumer at the end of the agreed period, subject to the agreed termination rules and a maximum notice period of one month. The consumer may terminate the above agreements as follows:
Termination may occur at any time and may not be restricted to a specific date or period.
Termination must be executed in the same manner in which the agreement was originally concluded.
Termination must always adhere to the same notice period as set by the entrepreneur.
Renewal
A fixed-term agreement for the regular supply of goods (including electricity) or services may not be tacitly renewed or extended for a fixed period. This means that a fixed-term agreement expires at the end of the agreed period and is not automatically extended. An exception applies to newspapers and magazines. Such a fixed-term agreement may be tacitly renewed for a maximum period of three months. However, the consumer retains the right to terminate such an extended agreement before it expires with a maximum notice period of one month. A fixed-term agreement concerning the regular supply of goods or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a maximum notice period of one month. An exception applies to the regular supply of newspapers and magazines less frequently than once per month, where the agreement may be automatically extended with a maximum notice period of three months. A fixed-term agreement for a trial or introductory subscription to newspapers and magazines does not automatically renew. This type of agreement automatically ends upon completion of the trial or introductory period.
Duration
If the duration of an agreement exceeds one year, the consumer may terminate the agreement at any time after one year, with a notice period of one month, unless termination before the agreed duration is unreasonable and unfair.
Article 13 - Payment Unless otherwise agreed, the consumer must pay the amounts due within 7 business days from the start of the withdrawal period mentioned in Article 6(1). In the case of a service agreement, the payment period begins after the consumer receives confirmation of the contract. It is important for the consumer to check the payment details and immediately notify the entrepreneur of any inaccuracies. This will help ensure that payment details are correct and payments are processed properly. If the consumer fails to make a payment, the entrepreneur may be entitled to charge the consumer reasonable costs disclosed in advance, subject to legal limitations.
Article 14 - Complaint Procedure
Complaints regarding the execution of the contract must be submitted to the entrepreneur within 7 days of the consumer identifying any defects. Complaints must be fully and clearly described. The entrepreneur must respond to a complaint within 14 days of receiving it. If it is expected that handling the complaint will take longer, the entrepreneur must send an acknowledgment of receipt and provide an estimated timeframe for a more detailed response. It should be noted that filing a complaint does not automatically suspend the entrepreneur’s obligations unless the entrepreneur notifies the consumer in writing. If the entrepreneur considers the complaint justified, the entrepreneur may replace or repair the delivered products free of charge. If a complaint cannot be resolved amicably, a dispute arises that is subject to a dispute resolution procedure.
Article 15 - Disputes
If these general terms apply between the entrepreneur and the consumer, the agreement shall be governed exclusively by Hong Kong law. This means that the interpretation, validity, and execution of the contract will be subject to Hong Kong law, regardless of whether the consumer resides in Hong Kong or abroad.