Terms and Conditions

Article 1 – Definitions

The following definitions apply in these general terms and conditions:

Cancellation period: the period within which the consumer can exercise their right of withdrawal;

customer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;

Label: calendar day;

Permanent goods: a distance agreement concerning a series of products and/or services, the delivery and/or purchase obligation of which extends over a longer period;

Persistent storage: any means by which the consumer or entrepreneur can store information addressed personally to him in such a way that future retrieval and unchanged reproduction of the stored information is possible.

Right of withdrawal: the consumer's right to dissolve the distance agreement within the withdrawal period;

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Distance sales agreement: 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, only one or more techniques for remote communication are used;

Technology for remote communication: Means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same space at the same time.

General business conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Trade name: Hypebay
Chamber of Commerce Number: 3184286
Email address: info@hypebay.nl
Phone number: +31 647711243
Physical address: Suite C , Level 7, World Trust Tower, 50 Stanley St, Central, Hong Kong 999077 Hong Kong (no visiting address)

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur, but also to every distance contract and all orders concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonable, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon request.

If, contrary to the previous paragraph, and before the distance contract is concluded, 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 easily stored by the entrepreneur. consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the provision most favorable to them in case of conflicting general terms and conditions.

If at any time one or more provisions of these General Terms and Conditions are wholly or partially null and void or declared null and void, the Agreement and these General Terms and Conditions shall remain in effect for the rest, and the relevant provision shall be immediately replaced by a provision that is as close as possible in scope to the original.

Situations not covered by these General Terms and Conditions shall be assessed 'in the spirit' of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall 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 made under conditions, this is explicitly stated in the offer.

The offer is subject to change. The entrepreneur has the right to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed 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. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to any compensation or dissolution of the agreement.

Images of the products are a truthful 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 it is clear to the consumer which rights and obligations are connected to accepting the offer. This applies in particular to:

the price, excluding customs clearance costs and import duties. These additional costs are at the customer's expense and risk. The postal and/or courier service will use the special arrangements for postal and courier services in connection with import. This procedure applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the collected customs clearance costs) from the recipient of the goods;

any shipping costs;

the manner in which the agreement will be concluded and what measures are necessary for this;

whether or not the right of withdrawal applies;

the method of payment, delivery, and execution of the contract;

the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;

the rate for long-distance communication if the costs of using the long-distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used;

whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;

the manner in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;

all other languages in which the agreement can be concluded other than Dutch;

the codes of conduct to which the entrepreneur has adhered and the manner in which the consumer can consult these codes of conduct electronically; And

the minimum duration of the distance contract in the case of a continuing performance contract.

Optional: available sizes, colors, material type.

Article 5 – The Contract

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.

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

If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

The entrepreneur may – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

With the product or service, the entrepreneur sends the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur's establishment where the consumer can address complaints;
the conditions and manner in which the consumer can exercise their right of withdrawal, or a clear notice about the exclusion of the right of withdrawal;
the information about warranties and existing customer service;
the data included in Article 4 paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided this data to the consumer before concluding the agreement;
the conditions for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

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

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 30 days. This withdrawal period starts the day after the product is received by the consumer or a representative designated in advance by the consumer and known to the entrepreneur.

During the withdrawal period, the consumer will handle the product and 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 – as far as reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions of the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 30 days of receiving the product. The consumer must do this by means of a written message/email. After the consumer has indicated that they want to use their right of withdrawal, the customer must return the product within 5 days. The consumer must prove that the delivered goods were returned on time, e.g., by means of proof of shipment. Please note that returns must be sent back at the consumer's own expense to our supplier in China.

If the customer has not indicated after the expiry of the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs upon cancellation

If the consumer exercises their right of withdrawal, the costs of returning the products 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 within 5 days after receipt of the goods.

Article 8 – Exclusion of the right of withdrawal

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

The exclusion of the right of withdrawal is only possible for products:

created by the entrepreneur according to the consumer's specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or become outdated quickly;
whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal the consumer has broken.
for hygiene products whose seal the consumer has broken.

The exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, catering, or leisure activities to be performed at a specific time or within a specific period;
for which delivery has begun with the express consent of the consumer before the withdrawal period has expired;
about bets and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that the stated prices are indicative prices are mentioned in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:

these arise from statutory regulations or provisions; or
The consumer has the right to terminate the agreement from the day the price increase takes effect.

The place of delivery is in accordance with Article 5, paragraph 1 of the Turnover Tax Act of 1968 in the country where the transport begins. In this case, this delivery takes place outside the EU. The postal or courier service then collects the VAT or customs clearance costs from the customer. Therefore, no VAT is charged to the entrepreneur.

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

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements for reliability and/or usability, and the legal provisions and/or government regulations applicable at the time of concluding the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur based on the agreement.

Defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days after delivery. The products must be returned in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer or 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 themselves or had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal circumstances or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or the packaging has been handled;

The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will exercise the greatest possible care when accepting and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders with due speed 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 executed or only partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation.

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 no later than 5 days after receipt of the goods.

If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by 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 previously designated and entrepreneur-known representative, unless expressly agreed otherwise.

Article 12 – Fixed transactions: duration, termination, and extension

completion

The consumer can terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of no more than 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 during a specific period;

terminate these at least in the same manner as they were entered into by him;

Always terminate with the same notice period that the entrepreneur has set for themselves.

extension

An agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.

Contrary to the previous paragraph, an agreement entered into for a fixed term aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer agrees to this, against the end of the extension with a notice period of up to one month.

An agreement entered into for a fixed term aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than one month. longer than three months can, if the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement for a fixed term for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period expires.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the withdrawal period mentioned in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report any inaccuracies in provided or supplied payment details to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If the entrepreneur considers a complaint justified, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of HK.

KH ENTERPRISE CO., LIMITED

ROOM A02, 15/F., EVERWIN CENTRE, 72 HUNG TO ROAD, KWUN TONG, KOWLOON, HONG KONG